Changing ResponsibilitiesChanging Responsibilities

And Roles And Roles

for Professional Biologistsfor Professional Biologists

22

AgendaAgenda

College of Applied Biology OverviewCollege of Applied Biology Overview Working With New LegislationWorking With New Legislation Protecting YourselfProtecting Yourself College’s ResponsibilityCollege’s Responsibility APBBC’s Role APBBC’s Role

33

Organization OverviewOrganization Overview

Practice of Professional

Biology

College APB

Governance Professional Standards

Evolution of Practice

Advocacy

Rules

Sanctions

For Admission

Of Conduct and Practice

Professional Development

Guidance

For Profession

For Change

44

Right to Title versus Right to Right to Title versus Right to PracticePractice

RTTRTT RTPRTP ActivityActivity

YesYes YesYes exclusive use of titles set out in exclusive use of titles set out in enabling legislationenabling legislation

YesYes YesYes set standards of conduct and set standards of conduct and competence for memberscompetence for members

YesYes YesYes hold members to account via the hold members to account via the discipline processesdiscipline processes

NoNo YesYes take action against non-members take action against non-members who contravene the practice who contravene the practice provisions established by statuteprovisions established by statute

1. The College of Applied Biology Act 1. The College of Applied Biology Act 55

College Purpose – to uphold College Purpose – to uphold and protect the Public Interest and protect the Public Interest

(i) preserving and protecting the (i) preserving and protecting the scientific scientific methods and principlesmethods and principles that are the foundation that are the foundation of the applied biological sciences,of the applied biological sciences,

(ii) upholding the principles of (ii) upholding the principles of stewardshipstewardship of of aquatic and terrestrial ecosystems and biological aquatic and terrestrial ecosystems and biological resources, andresources, and

(iii) ensuring the (iii) ensuring the integrity, objectivity and integrity, objectivity and expertiseexpertise of its members of its members

(iv) (iv) governinggoverning its membersits members in accordance with in accordance with this Act and the rulesthis Act and the rules

(v) (v) cooperating with other bodiescooperating with other bodies on matters on matters relevant to applied biology relevant to applied biology 11

66

College of Applied Biology Act - College of Applied Biology Act - Why?Why?

Public Interest Value Public Interest Value Recognize a unique combination of knowledge Recognize a unique combination of knowledge

and skillsand skills Ensuring members are bound by high Ensuring members are bound by high

standards of conduct and competencestandards of conduct and competence Practice Reviews and AuditsPractice Reviews and Audits

Need for AccountabilityNeed for Accountability Discipline ProceduresDiscipline Procedures

Performance Based Legislation - eg.Performance Based Legislation - eg. MSR and FRPA MSR and FRPA

2. Preformance Based Environmental Mangaement in BC - MSRM2. Preformance Based Environmental Mangaement in BC - MSRM77

Performance Based Performance Based RegulationsRegulations

““A A management approachmanagement approach where where roles and accountabilities are defined roles and accountabilities are defined to to reducereduce the amount of the amount of government government interventionintervention and give the and give the regulated regulated sector moresector more flexibility and flexibility and responsibility responsibility on how to achieve on how to achieve objectives, and where the objectives, and where the focus is on focus is on performance, not processperformance, not process.” .” 22

88

Different, not synonymousDifferent, not synonymous

Accountability – legally answerableAccountability – legally answerable Responsibility – morally obliged Responsibility – morally obliged Liability – owing a debtLiability – owing a debt

99

Comparison of Impacts of Comparison of Impacts of Performance Based versus Performance Based versus

Prescriptive RegsPrescriptive Regs Responsibility – Responsibility –

Increased under Increased under performance based regsperformance based regs

Accountability – Accountability – Remains the sameRemains the same

Liability – Increased Liability – Increased under performance under performance based regsbased regs

Note – numbers are displayed for Note – numbers are displayed for qualitative purposes onlyqualitative purposes only

0

5

10

15

20

25

30

35

40

Prescriptive Performance

ResponsibilityAccountabilityLiability

1010

LiabilityLiability

The legal responsibility to provide The legal responsibility to provide compensation for some harm or injurycompensation for some harm or injury

SourcesSources Terms of ContractTerms of Contract Negligent ConductNegligent Conduct Negligent MisrepresentationNegligent Misrepresentation Non-compliance with Statutory Non-compliance with Statutory

RequirementsRequirements

1111

Protecting YourselfProtecting Yourself

Working to Professional StandardsWorking to Professional Standards InsuranceInsurance

Know what you are buyingKnow what you are buying Liability, limitation clauses, tail insuranceLiability, limitation clauses, tail insurance

Read the small printRead the small print ExclusionsExclusions

Certification vs AssuranceCertification vs Assurance

1212

What is a ProfessionalWhat is a Professional

An individual recognized by society An individual recognized by society to have specialized knowledge, to have specialized knowledge, training, skills and abilitytraining, skills and ability

Member of a legislated self-Member of a legislated self-regulating bodyregulating body

Member in good standing Member in good standing Exercise judgement and discretionExercise judgement and discretion Self AssessmentSelf Assessment

1313

Professional Conduct Professional Conduct StandardsStandards

CompetenceCompetence IndependenceIndependence IntegrityIntegrity StewardshipStewardship Due DiligenceDue Diligence

1414

Due DiligenceDue Diligence

Professional due diligence is exercising Professional due diligence is exercising the care a the care a reasonablereasonable professionalprofessional under the same circumstances would under the same circumstances would use – reasonable but not necessarily use – reasonable but not necessarily exhaustive efforts – to achieve a exhaustive efforts – to achieve a desired outcome or prevent an desired outcome or prevent an undesired one.undesired one.

1515

College’s ResponsibilityCollege’s Responsibility

To The PublicTo The Public To GovernmentTo Government To MembersTo Members

1616

Contaminated Sites and Contaminated Sites and RPBiosRPBios

http://www.apeg.bc.ca/aboutus/cs/contam-http://www.apeg.bc.ca/aboutus/cs/contam-sites.htmlsites.html

Roster of Professional Experts will be Roster of Professional Experts will be expanded to include RPBios for expanded to include RPBios for purposes of Risk Assessment (Human purposes of Risk Assessment (Human Health and Environmental)Health and Environmental)

Licensed Environmental ProfessionalsLicensed Environmental Professionals

1717

Forest and Range Practices Forest and Range Practices ActAct

http://www.for.gov.bc.ca/code/http://www.for.gov.bc.ca/code/ (1) The (1) The minister must approveminister must approve a a forest forest

stewardship planstewardship plan or an amendment to a forest or an amendment to a forest stewardship plan stewardship plan ifif it conforms to section 5. it conforms to section 5.

(1.01) A forest stewardship plan or an (1.01) A forest stewardship plan or an amendment to a forest stewardship plan amendment to a forest stewardship plan conforms to section 5 if conforms to section 5 if

(a) (a) a person with prescribed qualifications a person with prescribed qualifications certifies that it conforms to section 5 certifies that it conforms to section 5 in in relation to prescribed subject matter, and relation to prescribed subject matter, and

(b) the minister is satisfied that it conforms to (b) the minister is satisfied that it conforms to section 5 in relation to subject matter not section 5 in relation to subject matter not prescribed for the purpose of paragraph (a).prescribed for the purpose of paragraph (a).

1818

Sewerage System Sewerage System RegulationRegulation

http://www.qp.gov.bc.ca/statreg/reg/H/Health/http://www.qp.gov.bc.ca/statreg/reg/H/Health/326_2004.htm326_2004.htm

regulates small wastewater systems, primarily single family regulates small wastewater systems, primarily single family dwellings which are exempt from the Waste management dwellings which are exempt from the Waste management act through provisions of the Health actact through provisions of the Health act

Systems are defined as one of three types:Systems are defined as one of three types: Type 1 system - site requires a simple septic tank onlyType 1 system - site requires a simple septic tank only Type 2 system - site requires “secondary” treatment and Type 2 system - site requires “secondary” treatment and

utilizes a plant that will produce at least a 5 day BOD<45mg/L utilizes a plant that will produce at least a 5 day BOD<45mg/L and TSS<45 mg/Land TSS<45 mg/L

Type 3 system - site requires advanced treatment and utilizes Type 3 system - site requires advanced treatment and utilizes a system that will produce at least a 5 day BOD of less than 10 a system that will produce at least a 5 day BOD of less than 10 mg/L, a TSS of less than 10mg/L and a fecal coliform count of mg/L, a TSS of less than 10mg/L and a fecal coliform count of less than 400/100mlless than 400/100ml

An RPBio is classed as a ‘Professional’ under this regulationAn RPBio is classed as a ‘Professional’ under this regulation

1919

B.C. Riparian Areas B.C. Riparian Areas RegulationRegulation

http://wlapwww.gov.bc.ca/habitat/fish_protection_act/http://wlapwww.gov.bc.ca/habitat/fish_protection_act/riparian/riparian_areas.htmlriparian/riparian_areas.html

Applies to urban and rural developments in specified Applies to urban and rural developments in specified areas of B.C. – the east side of Vancouver Island, the areas of B.C. – the east side of Vancouver Island, the lower mainland and the Southern Interiorlower mainland and the Southern Interior

Directs local Government that condition for Directs local Government that condition for development is assessment by a Qualified development is assessment by a Qualified Environmental Professional (QEP) or authorization by Environmental Professional (QEP) or authorization by DFODFO

Assessment Methods are attached as a schedule to the Assessment Methods are attached as a schedule to the Regulation and thus have force of lawRegulation and thus have force of law

Two assessment options in the Assessment Methods Two assessment options in the Assessment Methods for for determining riparian setbacks and protection measuresdetermining riparian setbacks and protection measures

2020

RAR - Duties of a QEPRAR - Duties of a QEP A QEP carries out an assessment and A QEP carries out an assessment and

Certifies thatCertifies that He or she is qualified to carry out the assessment, He or she is qualified to carry out the assessment,

andand The Assessment Methods have been followed, andThe Assessment Methods have been followed, and

Provides an opinion thatProvides an opinion that If the development is implemented as proposed, If the development is implemented as proposed,

there will be no Harmful Alteration, destruction or there will be no Harmful Alteration, destruction or destruction (HADD) of Riparian Fish Habitat from destruction (HADD) of Riparian Fish Habitat from the development orthe development or

Identify areas (setbacks and measures) necessary Identify areas (setbacks and measures) necessary for protection to prevent HADD of Riparian Fish for protection to prevent HADD of Riparian Fish Habitat from the development Habitat from the development

A QEP does a post development review and reports A QEP does a post development review and reports to Governments if the project was constructed as to Governments if the project was constructed as plannedplanned

QEP may do monitoring as development proceedsQEP may do monitoring as development proceeds

2121

RAR (con’t)RAR (con’t)

QEP notifications for projects that will not QEP notifications for projects that will not cause a Harmful Alteration, Disruption or cause a Harmful Alteration, Disruption or Destruction (HADD) will receive automatic Destruction (HADD) will receive automatic approval from WLAP and DFO to proceed approval from WLAP and DFO to proceed

Where the QEP determines that a HADD will Where the QEP determines that a HADD will not be avoided DFO authorization of the not be avoided DFO authorization of the project is requiredproject is required

WLAP and DFO will focus resources on WLAP and DFO will focus resources on compliance and effectiveness monitoring of compliance and effectiveness monitoring of RARRAR

2222

RAR (con’t)RAR (con’t) May need a team of QEPs depending on the May need a team of QEPs depending on the

specific conditions of the site and the proposed specific conditions of the site and the proposed projectproject

Could include a Fisheries Biologist, a Could include a Fisheries Biologist, a Geotechnical Engineer, a Vegetation Specialist, Geotechnical Engineer, a Vegetation Specialist, etc.etc.

To assist QEP in due diligence for certifying they To assist QEP in due diligence for certifying they are qualified, government is undertaking the are qualified, government is undertaking the following:following: Updating Assessment Methods to include Skill Updating Assessment Methods to include Skill

set description (in development) set description (in development) Training for QEPs on Assessment Methods (in Training for QEPs on Assessment Methods (in

development)development) The Association will work with government in The Association will work with government in

determining skill sets, qualifications and training determining skill sets, qualifications and training options for their membersoptions for their members

2323

Do we need the APB ? Do we need the APB ?

Members’ InterestMembers’ Interest Shape provincial legislation, Shape provincial legislation,

regulations and policiesregulations and policies Aid in the evolution of the profession.Aid in the evolution of the profession.

2424

New Roles for the APBBCNew Roles for the APBBC

Professional development for Professional development for membersmembers

Services to membersServices to members Networking and discussion forumsNetworking and discussion forums External communication & External communication &

community involvementcommunity involvement Promoting the professionPromoting the profession

2525

Professional DevelopmentProfessional Development

Define the professional development and Define the professional development and continuing competency needs of new and existing continuing competency needs of new and existing members members

Initiate a program for educating members about Initiate a program for educating members about professional ethics.professional ethics.

Investigate development of a tracking system for Investigate development of a tracking system for recording members’ professional development.recording members’ professional development.

Provide access to a data base on professional Provide access to a data base on professional development workshops available through others.development workshops available through others.

Enhance the professional development Enhance the professional development component of the Annual General Meetings.component of the Annual General Meetings.

2626

Service to MembersService to Members

Provide information on, and possibly Provide information on, and possibly improved access to professional insurance improved access to professional insurance needs of members needs of members

Enhance the existing membership data Enhance the existing membership data base to support more functions.base to support more functions.

Maintain the scholarship programs Maintain the scholarship programs presently provided.presently provided.

Maintain member communications Maintain member communications services presently provided.services presently provided.

Develop affinity programsDevelop affinity programs

2727

Networking and Discussion Networking and Discussion ForumsForums

Continue to facilitate member Continue to facilitate member dialoguedialogue

Investigate the feasibility, and be Investigate the feasibility, and be prepared to organize regional “You prepared to organize regional “You Heard It Here First” sessionsHeard It Here First” sessions

2828

External Communication & External Communication & Community InvolvementCommunity Involvement

Identify and maintain a list of strategic Identify and maintain a list of strategic issues that the APB has an interest in and issues that the APB has an interest in and may wish to address publicly.may wish to address publicly.

Continue involvement in science fairs and Continue involvement in science fairs and job fairs.job fairs.

Continue with awards, recognition and Continue with awards, recognition and sponsorships.sponsorships.

Maintain existing media contacts.Maintain existing media contacts. Take the initial steps to develop an APB Take the initial steps to develop an APB

brand identity.brand identity.

2929

Promoting the ProfessionPromoting the Profession

Bring enthusiastic and qualified young Bring enthusiastic and qualified young people into the profession (long term)people into the profession (long term)

Advantages of employing professional Advantages of employing professional biologists (2004-5)biologists (2004-5)

Enhance other professions’ Enhance other professions’ understanding of the role of Professional understanding of the role of Professional Biologists as part of the team (2004-5)Biologists as part of the team (2004-5)

Promote “college like” legislation in other Promote “college like” legislation in other jurisdictions (long term)jurisdictions (long term)

3030

The Future ?The Future ?

Paraphrasing - An organization is as Paraphrasing - An organization is as only as strong as its membershiponly as strong as its membership