Endorsed Recommendations for Council, Registrar, and Statutory Entities

Recommendation

To provide an amendment to the EGP Act and bylaws that Council will appoint a Registrar with specific roles and responsibilities and to make bylaws to create a management structure that describes position and accountabilities to implement the above responsibilities

Council's Position

Adopted Amendment

Recommendation

Give the Registrar the express authority to:

• Initiate an investigation or complaint
• Directly settle a complaint with the consent of the complainant and registrant under investigation without needing approval of the Investigative Committee
• Proceed to an investigation, even if the complaint is settled or is withdrawn, if it is deemed necessary to do so in the public interest

Council's Position

Endorsed by Council

Criteria will be developed by a Council Regulation and Policy to define when and how these recommendations will be used

Recommendation

To amend the EGP Act to expressly authorize Council, the CEO, the Registrar, and statutory entities the authority to delegate as appropriate.

Council's Position

Endorsed by Council

Recommendation

Remove the establishment of the Enforcement Review Committee from the General Regulation

Council's Position

Endorsed by Council

Recommendation

Council endorses that Section 19(5) of the EGP Act be amended by striking the words “the text of” to read:

• 19(5) The Council may change a regulation that was approved in principle under subsection (4) if the change
  • a) is consistent with the approval in principle
  • b) is made before the regulation is submitted to the Lieutenant Governor in Council for approval

Council's Position

Adopted Amendment by Council

Recommendation

Council approve the following proposed changes to the EGP Act:

1. The word “board” be removed from all bodies listed below Council in the Act.
2. EGP Act Section 1.1(1) be amended by striking “The Executive Committees of” to read:
   1.1(1) There is established a Joint Councils Committee composed of an equal number of members from Council and ASET Council appointed respectively by the Council and ASET Council.
3. EGP Act Section 12(2) be amended by striking “manage and conduct the business and affairs of” and replacing it with “govern”, to read:
   12(2) The Council shall govern the Association and exercise the powers of the Association in the name of and behalf of the Association
4. EGP Act Section 14(1) be amended to strike the complete section and replace with the requirement for a President whose roles and responsibilities will be in accordance with the bylaws. It will read:
   14(1) Council shall include a President and establish the role and duties in accordance with the Bylaws.
5. EGP Act Section 14(2) be amended by striking 14 (2)(a)(i),(ii) and (b) to read:
   14(2) The Council shall consist of at least 12 but not more than 20 members, made up of 2 or 3 public members appointed by the Minister, and elected professional members in accordance with the Bylaws.

Council's Position

Adopted Amendment by Council

Recommendation

Council's Position

Recommendation

• Members and permit holders must:
  • comply with the Engineering and Geoscience Professions Act, General Regulation, Bylaws, Code of Ethics, practice standards, practice bulletins, and policies established by Council
  • cooperate with requests to provide all documents or other information made by APEGA as part of exercising its regulatory mandate under the legislation
• There are consequences for failing to comply or cooperate, which could include suspending, cancelling, imposing restrictions, or not issuing or renewing a licence or Permit to Practice.
  • members and permit holders will have the right to appeal such decisions to the Appeal Board.
  • APEGA will have the ability to apply for a court order enjoining a person from violating any part of the Act, General Regulation, or Bylaws, or directing a person to take some action to comply or to rectify any contravention.

Council's Position

Endorsed by Council

Recommendation

• Board of Examiners be authorized to place conditions as appropriate on approved and on deferred registrations
• Provide the ability for an applicant to request a review of a decision of the Board of Examiners by an Appeal Panel
• Board of Examiners to become the authority to approve reinstatement and resumption of practice applications and to expressly allow them to delegate to the Registrar
• Board of Examiners may delegate to the Registrar to register applicants defined by criteria in Board of Examiners policy
• Authorize the Registrar to investigate the eligibility of applicants for registration upon the request of the Board of Examiners and to forward the findings of the investigations to the Board of Examiners
• Authorize the Registrar to cancel a registration gained by false or fraudulent means
• Authorize the Registrar to issue annual renewals and suspend/cancel registrations as appropriate through established Council Policy

Council's Position

Endorsed by Council

Criteria will be developed by a Council Regulation and Board of Examiners Policy to define when and how these recommendations will be used

Recommendation

• determine whether their proceedings will proceed by way of written or oral submissions, or both. Each statutory entity will manage the use of this authority through policy guidelines developed by the respective statutory entity.
• create panels with decision-making authority, including investigative, discipline, appeal, registration, and practice review panels.
  • Panels may be made of one or more members chosen from the rosters of the relevant statutory entity. Discipline and appeal panels of three or more members should include public members, selected from a roster. Each statutory entity will manage the use of this authority through policy guidelines developed by the respective entity.
  • Although it would not be the usual practice, panels may hold proceedings and make decisions in the absence of a complainant, appellant, applicant, member under review, or investigated person after appropriate notice of the proceeding being given to the individual.
• state that any person who has a right to appeal a statutory entity’s decision to an appeal panel may commence the appeal by filing a written notice of appeal that must state the grounds for the appeal, including what is being appealed, why the appeal is being made, and what results are being sought from the appeal. The criteria for which the grounds of the appeal must meet will be established in the regulation and further developed through policy.

Council's Position

Endorsed by Council