Professional Reliance UBCM September 13, 2018 Background and - - PowerPoint PPT Presentation

Professional Reliance

UBCM

September 13, 2018

Background and Context

• Government direction

– Review Professional Reliance model for natural resource decisions.

• Intended outcomes of the review

– Increase transparency & public trust in natural resource decisions – Increase certainty for industry – Ensure appropriate use of qualified professionals

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Final report released on June 28, 2018

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Professional Reliance - Final Report

Element Recommendations Professional Governance 2 Regulatory Improvement 32 Regime Specific 87 Total 121

Regulatory Improvements Recommendations

Competency

• Qualifications

Government Expectations

• Objectives

and guidance

• Indigenous

engagement

• “knowledge-

able” owners

Accountability

• Government

authority

• Conflict of

interest/ independence

• QP selection
• Documentation
• Checking

Public Confidence

• Transparency

and public involvement

• Independent

review body for NR practices

Improve Information

• Baseline data

and analysis

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Regime Specific Recommendations

• Environmental Management Act
• Forest and Range Practices Act
• Forest Act
• Greenhouse Gas Industrial Reporting and Control Act
• Mines Act
• Oil and Gas Activities Act
• Public Health Act – Sewerage System Regulation
• Riparian Areas Protection Act
• Water Sustainability Act

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• Cabinet direction to address governance

recommendations from final report:

• R1. Establish an independent office of professional

regulation & oversight

• R2. Legislate critical elements of professional governance
• Introduce legislation for fall 2018 & establish
• versight office

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Government Direction

• Engineers & Geoscientists
• Agrologists
• Foresters
• Biologists
• Science Technologists & Technicians

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Professions in Scope for Changes

Professional Governance Problem Statements

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Themes from Professional Reliance Review

• Lack of confidence in disciplinary process
• High thresholds for sub-standard QP work
• Capacity & resourcing limitations
• Narrow concept of “public interest”
• Associations advocating for industry sectors
• Reluctance to file complaints

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Professional Governance Problem Statements

• Lack of professional guidelines/standards & lack of adherence

where they do exist

– E.g. Forest Practices Board reports (resource roads & karst management), Mt. Polley investigation report, Striking a Balance

• Questions about regulators disciplinary findings

– E.g. Forest Practices Board reports (2009, 2010, 2011, 2014x3)

• Professionals advancing proponent interests above

protections of public interest

– E.g. Forest Practices Board reports (Haida Gwaii & Port Alberni VQO)

• Professionals being in a conflict of interest

– E.g. Supreme Court ruling – Cobble Hill Holdings

• Pressure on professionals to alter recommendations

– E.g. Professional reliance report (56% of QPs responded they had been pressured)

• Professionals operating out of scope of competence

– E.g. Striking a Balance, CAB audit

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Emerging International/Cross-Sectoral Best Practices in Professional Governance

• 1. Umbrella legislation across professions for

consistency

– Professional code of Quebec (all professions - 46) – New Zealand Health Practitioners Competence Assurance Act (all health professions) – BC Health Professions Act (all health professions) – Ontario Regulated Health Professions Act (all health professions) – Ontario Fair Access to Regulated Professions and Compulsory Trades Act (13 professions, 23 compulsory trades) – Nova Scotia Fair Registration Practices Act (58 occupations, 68 trades) – Nova Scotia Regulated Health Professions Act (22 health professions)

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Emerging International/Cross-Sectoral Best Practices in Professional Governance

• 2. “Meta-regulation” of regulators (increased oversight)

– UK Professional Standards Authority (9 health regulators) – Australia Professional Standards Authority (incl. lawyers, accountants, engineers) – BC Ministry of Health (22 health regulators) – MB (30), ON Fairness Commissioner (40 regulators) – Alberta Professional Governance Office (23 regulators) – Quebec Office of Professions (46 regulators) – Nova Scotia FRPA Review Office (49 regulators)

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Emerging International/Cross-Sectoral Best Practices in Professional Governance

• 3. Increased public representation on Councils

– BC health professions (33%) – Ontario College of Nurses (2020; 50%) – UK health professions (50%) – New Zealand Engineers (33-50%)

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Emerging International/Cross-Sectoral Best Practices in Professional Governance

• 4. Move away from council elections to merit-based

appointments

– UK health professions – Ontario College of Nurses (2020) – New Zealand health professions

• 5. Separation of advocacy from regulation of profession

– Ontario Engineers; New Zealand Engineers – BC Health professions; UK health professions

• 6. Mandatory professional development programs

– Many jurisdictions, many sectors

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Pillars of Professional Reliance

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Delegated authority & decision making Professional accountability through regulated profession Monitoring, compliance & enforcement Results based laws

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Governance Recommendations

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Delegated authority & decision making Professional accountability through regulated profession Monitoring, compliance & enforcement Results based laws

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Recommendation 1

Office of Professional Regulation and Oversight mandate:

1. Administer the Act & oversee professional regulators 2. Standardize expectations of QP regulators and provide expertise in professional governance 3. Take actions to protect the public interest when regulators don’t meet government expectations 4. Evaluate entry of new professionals into governance model 5. Report publicly on effectiveness of professional regulators & Office

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Recommendation 2

Legislate critical elements of professional governance

1. Standardize council & committee functions and governance requirements 2. Standardize appointment process for council & key committees 3. Enable regulation of firms 4. Give council authority to pass critical bylaws without membership vote 5. Separate advocacy from regulation of profession 6. Require continuing professional development 7. Standardize codes of ethics 8. Clarify public interest duty of professional regulators 9. Improve duty to report unprofessional behaviour 10. Whistleblower protection for those who report

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Questions and Discussion

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