Mediated Settlements

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Improved Public Interest
Improved Regulatory Effectiveness and Efficiency

If it is deemed necessary to do so in the public interest, authorize the Registrar to proceed to an investigation, even if the complaint is settled or is withdrawn.

Background

  • The proposed legislative change below is in addition to the Using Alternative Settlement and Dispute Resolution Mechanisms recommendations that were presented and endorsed by Council as part of the fall 2015 consultations.
  • The fall 2015 consultations recommended that the Registrar be given express authority to approve mediated settlements between the complainant and the person who is the subject of the complaint.
  • Although the nature of some complaints and the parties and circumstances involved may lend themselves to resolution without the need for a full investigation or hearing, it is important that the approval of such settlements still ensure that the public interest is protected.
  • This authority to the Registrar has been specifically asked for by the Government of Alberta to be part of the Engineers and Geoscience Professions Act.

Why is this Important

  • As a result, there may be cases when it is still appropriate to proceed with an investigation in the public interest, even if the complainant and person complained against settle the complaint or the complaint is withdrawn.

Proposed legislative change

It is recommended that the Engineering and Geoscience Professions Act be amended to authorize the Registrar to proceed to an investigation, even if the complaint is settled or is withdrawn, if it is deemed necessary to do so in the public interest.