Improved Public Interest

To protect the public, it is important that a Permit Holder whose permit has been cancelled meet the same criteria as a first-time applicant before a Permit to Practice is granted again.

Background

• Reinstatement is the process under which a Permit Holder whose permit has been cancelled seeks to become registered again.
• Under the Engineering and Geoscience Professions Act (EGP Act), there are different ways a Permit Holder’s permit may be cancelled, and the process to be reinstated varies depending on the reason for cancellation:
  • if registration was cancelled for non-discipline–related reasons, a Permit Holder can seek reinstatement, and Council may direct the Registrar to reinstate the permit, subject to any conditions Council may prescribe.
  • a Permit Holder whose permit was cancelled under a discipline order or because of a fraudulent registration may apply to Council for reinstatement, and Council may establish a Committee of Inquiry to consider the reinstatement application and make recommendations to Council.

Why is this important?

• It is in the public interest that the standard for reinstatement, following a cancellation of registration, be the same as the standard for applying for a Permit to Practice.
• The evaluation and decision as to whether to grant reinstatement to a Permit Holder should be done by the same body that assesses whether to initially register a Permit Holder—namely practice reviewers and practice review panels. Refer to the Permit to Practice – Registration briefing note for details on issuing Permits to Practice.
• The authority to approve reinstatements of Permit Holders following a cancellation should rest with practice review panels rather than with Council. Council’s primary function is to provide governance and leadership to APEGA and its activities, not to make decisions on reinstatement of Permit Holders.

Proposed legislative change

• It is recommended 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, apply for registration through the same process as any other applicant seeking registration as a Permit Holder, in accordance with criteria approved by Council.

Effects of the proposed change

• It will improve public safety by requiring a Permit Holder whose registration was cancelled to meet the same minimum standard as all permit applicants.
• This assessment may require a risk-based, baseline audit similar to an initial registration evaluation before a re-registration is granted.