Summary of Legislative Review Discussions with Council – January 2015 to June 2017
Recommendation |
Council’s Position |
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Endorsed by Council |
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Council Amendment to the Recommendation: to include the word “Professional” in the new designation |
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Endorsed by Council – Moved forward to the 2016 AGM |
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Endorsed by Council Council Amendment to the Recommendation: Place a limit on the number of Members-in-Training (M.I.T.s) (to be determined by the Nominating Committee) that could run for Council and a limit on the number of M.I.T. positions on Council |
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Endorsed by Council Council Amendment to the Recommendation: A Professional Member must be a Canadian citizen or have permanent residence status to run for Council |
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Endorsed by Council |
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Endorsed by Council |
Criteria will be developed in Council Policy to define when and how the authority will be used |
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Expressly authorize the Registrar to:
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Endorsed by Council |
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Endorsed by Council |
Criteria will be developed by a Council Regulation to define when and how the authority will be used |
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Authorize the Registrar to:
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Endorsed by Council |
Criteria will be developed by a Council Regulation and Policy to define when and how the authority will be used |
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Give the Registrar the express authority to:
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Endorsed by Council |
Criteria will be developed by a Council Regulation and Policy to define when and how these recommendations will be used |
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Endorsed by Council |
Modernizing the Investigative Process
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Criteria will be developed by a Council Regulation and Policy to define when and how these recommendations will be used |
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Endorsed by Council |
Criteria will be developed by a Council Regulation and Policy to define when and how these recommendations will be used |
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Council Amendment to the Recommendation: Endorse the amended recommendation to clarify that a complaint against a current or former Member or Permit Holder may be commenced within the limitation periods provided under the Alberta Limitations Act. |
Admissions |
Note: Criteria will be developed through Council Regulation and Board of Examiners Policy to define when and how these recommendations will be used |
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Endorsed by Council |
Dismissing Complaints and Terminating Investigations
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Criteria will be developed through Council Regulation and Policy to define when and how these recommendations will be used |
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Endorsed by Council |
Governance Committee - Appointment of Registrar |
Adopted Amendment by Council |
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Criteria will be developed through Council Regulation and Policy to define when and how these recommendations will be used |
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To clarify the role and responsibility of the Practice Review Committee to focus on the competency of the professions by:
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Council Amendment to the Recommendation: Council endorsed all recommendations with one exception: the decision of the practice review panel will be open to appeal |
Joint Boards of Practice
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Endorsed by Council |
Governance Committee – EGP Act Section 19 |
Adopted Amendment by Council |
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 |
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Governance Committee – EGP Act |
Adopted Amendment by Council |
Council approve the following proposed changes to the EGP Act: A. The word “board” be removed from all bodies listed below Council in the Act. |
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Passed at 2016 Annual General Meeting |
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The EGP General Regulation Section 6, Subsection (b) (i) be amended by striking the word “or”, and Subsection (ii), (A) and (B) be amended by striking. EGP General Regulation Section 7, Subsection (a) be amended by adding the word “or”, Section 7 Subsection (b) be amended by striking the word “or”, and Subsection (c) be amended by striking. EGP General Regulation Section 13, Subsection (1)(e)(ii) be amended by striking, Subsection (iii) be renumbered (ii), and Subsection (iv) be renumbered (iii) and amended by replacing “(i), (ii) or (iii)” with “(i) or (ii)”. |
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Bylaw – Mail and Electronic Voting |
Motion defeated at 2016 Annual General Meeting |
APEGA Bylaw 37 Subsection (3) be approved to read: “A vote by mail on a matter shall be declared valid if at least 60 Professional Members respond and the matter shall be carried or defeated on the basis of a simple majority of the votes returned.” |
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Endorsed by Counsel |
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Endorsed by Council |
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Endorsed by Council |
The legislation be amended to authorize Council to make policy respecting the requirements for Members and Permit Holders to carry Professional Liability Insurance. |
Endorsed by Council |
Updating Tools for Proceedings by APEGA's Statutory Entities |
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Endorsed by Council |
The legislation be amended to expand the sanctions that can be imposed:
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Endorsed by Council |
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Endorsed by Council |
The legislation be amended to remove the Provisional Licensee category and all references to Provisional Licensees from the legislation. |
Endorsed by Council |
“practice of geoscience” means: (i) acquiring, investigating, analyzing, processing, interpreting, evaluating, consulting, applying, modelling, assessing, managing, or reporting related to any activity: (A) that relates to the Earth sciences or the environment, and (B) that is aimed at the understanding of Earth materials, geobodies, natural resources, energy fields, geohazard risks, or processes, and (C) that requires in that acquiring investigating, analyzing, processing, interpreting, evaluating, consulting, applying, managing, or reporting the professional application of the principles of geology, geophysics, physics, chemistry, mathematics, or biology, or (ii) teaching geoscience at a university |
Endorsed by Council |
The Engineers and Geoscience Professions Act be amended to update the description of the types of geoscience documents and work products that need to be authenticated to read: “…professional documents…” This change be supplemented by updated practice standards that will provide greater detail and will clarify that geoscience “professional documents” include: “…maps, geoscientific cross-sections, specifications, reports, or other geoscientific work products in any form or medium, or reproductions of any of them…” |
Endorsed by Council |
“a person conducting routine geoscientific surveys or preparing routine geoscience reports where the specifications and standards and any subsequent changes to the field parameters for the survey or report have been prepared or approved by a professional geoscientist or licensee
“a person engaged in routine data management, reduction, or plotting of geoscientific data under the supervision and control of a professional geoscientist” |
Endorsed by Council |
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Endorsed by Council |
APEGA practice reviewers to be the authority to conduct practice reviews similar to the authority contained in the ASET Regulation the Professional Technologists Regulation or the Chartered Professional Accountants Act, Alberta. |
Endorsed by Council |
Remove the establishment of the Enforcement Review Committee from the General Regulation |
Endorsed by Council |
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. |
Endorsed by Council |
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Endorsed by Council |
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Endorsed by Council |
Time Frame to Send Notice of Preliminary Investigation Time Frame to Respond Time Frame to Review Complaint Time Frame to Reach Consent Order Time Frame to Schedule a Discipline Hearing Time Frame to Respond to Notice of Discipline Hearing If the parties and Registrar are not able to agree to a hearing date within an additional 30 days, the Registrar may set a date for the hearing and the hearing shall commence on that date. Time Frame to Render a Decision Following a Discipline Hearing Time Frame to Schedule an Appeal Hearing Time Frame to Respond to Notice of Appeal Hearing If the parties and Registrar are not able to agree to a hearing date within an additional 30 days, the Registrar may set a date for the hearing and the hearing shall commence on that date. Time Frame to Render a Decision Following an Appeal Hearing Time Frame Extensions As is currently the case under the existing Act, the Registrar shall, immediately upon receiving a decision, serve the decision. The time frame in which a person may appeal a decision will remain 30 days from receipt of notice. Council also endorses the proposed recommendation that the legislation be amended to consolidate related information on time frames for discipline matters into one division. |
Endorsed by Council |
Remove the restricted practitioner category from the legislation. |
Endorsed by Council |
Remove the university student category from the legislation. |
Endorsed by Council |
Council endorses the proposed recommendations that the legislation be amended to explicitly:
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Endorsed by Council |
Council endorses, the proposed recommendation that the EGP Act and General Regulation be amended to remove all references to reinstatement and to require that a Permit Holder whose registration has been cancelled, for any reason, initiate re-registration the same as any other applicant in accordance with criteria approved by Council. |
Endorsed by Council |
Council endorses the proposed recommendation that the EGP Act and General Regulation be amended to explicitly indicate the authority to impose interim suspensions and interim restrictions on Members and Permit Holders will rest with investigative panels (rather than with the Registrar or Investigative Committee). It is recommended that the General Regulation be amended to add a section describing the circumstances under which investigative panels can impose interim suspensions and restrictions on Members and Permit Holders pending the outcome of preliminary investigations or discipline proceedings. These circumstances would include:
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Endorsed by Council |
Council endorses the proposed recommendation that the EGP Act and General Regulation be amended to clarify that the existing practice prohibition sections only apply to Members and Permit Holders whose licences or permits have been suspended or cancelled because of disciplinary or practice review proceedings. |
Endorsed by Council |
Council endorses the proposed recommendation that the EGP Act and General Regulation be amended to remove the examination candidate category. |
Endorsed by Council |
The Policies and Standards Task Force will take accountability to develop the wording for the amendment to the Code of Ethics and bring the proposed wording back to the November 30, 2017, Council meeting. |
New motion at table - adopted |