Volume 13 // Issue 1 // March 2021
> Modernizing the CPD Program through new policies and standards > OSPG explains their role in professional regulation of the natural resource sector > New Code of Ethics and Professional Conduct explained
Columns 3 Message from the President: Presidential Ponderings: The Role of the College of Applied Biology on an Evolving Landscape 4 Message from the Chief Executive Officer: Building on Our Foundation 6 Message from the Registrar & Director of Compliance: PGA Adds New Requirements to be Maintained in the Public Register 8 Message from the Director of Practice: The Continuing Professional Development (CPD) Program is Going Online This Year
A NNOUNCEMENTS
The College began its 2021 Professional Governance Act Webinar series on February 24. The recording of the Part 1: Implementing the Act is now available for viewing.
9
Seals for Registrants and More 10 Introducing New College Staff 21 How to Vote in the College Council Election 22
College Council Brian Clark, RPBio President Alexandra Tait, RPBio Vice-President Dr. Vanessa Craig, RPBio Past President Victoria Burdett-Coutts, RPBio Megan Hanacek, RPBio Steven Henstra, RPBio Corinna Hoodicoff, RPBio Sean Sharpe, RPBio Jocelyn White, RPBio Theresa Fresco, Lay Councillor
Editorial board Mariah Arnold, RPBio - Co-Chair Raychl Lukie, RPBio - Co-Chair Mohamed Benrabah, RPBio Meghan Goertzen, RPBio
About Us
Our Vision
College Staff
The College is a leading voice to promote and uphold scientific principles and methods in applied biology, and the principles of stewardship. We provide assurance to the public of professionalism in the practice of applied biology by our members.
Shona Lawson, RPBio Director of Practice Sue Owen Regulatory Officer Tory Davis Executive OperationsCommunications Officer Helen Taraskin Finance Officer M. Eugenia Fernandez Administrative Officer
FEATURE ARTICLEs 11
Governance Changes for the College
13
OSPG Guides Regulatory Excellence
16
New: Code of Ethics and Professional Conduct
18 The College Modernizes the Continuing Professional Development (CPD) Program
Cover image: Trail through mossy forest on Cortes
Brittany John, Lay Councillor
Derek Marcoux, RPBio Registrar & Director of Compliance
2021 Council Candidates
The College of Applied Biology is the regulator of applied biology professionals in British Columbia. Established by government legislation in 2003, the College protects the public interest by ensuring that applied biology professionals – Registered Professional Biologists (RPBios), Registered Biology Technologists (RBTechs) and Applied Biology Technicians (ABTs) – meet rigorous standards of professional and ethical competency.
Cairine Green, Lay Councillor
Christine Houghton Chief Executive Officer
2021 AGM, Webinar Series, Electronic
Island, BC, by Jennifer Gauld
Published by The College of Applied Biology Suite #210 - 852 Fort Street Victoria, BC V8W 1H8 TEL 250-383-3306 www.cab-bc.org This publication is made available to every member of the College. Decisions of the College on matters of standards, policies and guidelines are published in this bulletin. The College therefore assumes that each member is aware of these matters. Past issues are available at www.cab-bc.org/news/publications.
*Disclaimer: the opinions expressed in College Matters do not necessarily represent those of the College, its Council, or other members.
Message from the President
Presidential Ponderings:
The Role of the College of Applied Biology on an Evolving Landscape By Brian Clark, RPBio, President
M
oving into the spring of 2021 and some return to normalcy in our private lives, the practice of applied biology in British Columbia has passed another milestone with the Professional Governance Act (PGA) and the corresponding Applied Biologists Regulation (ABR) coming into effect on Friday, February 5, 2021. There is a ‘new normal’ in the context of natural resource management in BC! Although the College has been providing information on the PGA and its implications since 2018, I still receive questions and hear statements that suggest some of the College’s registrants (the new PGA term for members), government and industry are not clear on what it means for them, when it’s happening and what the role of the College is. So, a bit of history and what to expect going forward… In 1980, the Association of Professional Biology (APB) was incorporated by a group of like-minded biology practitioners in BC with a mandate to have biology recognized as a self-regulating profession. In 2002, the government of BC acknowledged the work undertaken by the APB and introduced the College of Applied Biology Act (CABA) in the legislature. This landmark legislation laid out the profession in a formal way for the first time anywhere, granting the College’s registrants (members) the Right to Professional Title (but not the Right to Practice). As many registrants of the new College had been, and continued to be, members of the Association of Professional Biology (APB), there have been some ongoing questions regarding the College’s relationship with the APB. To be clear: since the Act was brought into effect in 2003, there has not been a connection between the College and the Association or any other non-regulatory group. The College mandate is to uphold the public interest, not to engage in advocacy.
Moving forward under the PGA, the College remains a strictly regulatory body serving the public interest through regulating entry into the profession, establishing standards, ensuring competencies, and enforcing discipline and an adherence to the Code of Ethics and Professional Conduct.
The College mandate is to uphold the public interest, not to engage in advocacy. While our efforts since 2018 have been significant, there is still much work to be done. We have the commitment of the Ministry of the Attorney General and the Office of the Superintendent of Professional Governance to work towards implementation of Right to Practice for applied biology practitioners in British Columbia. While the College has a goal of July 2022 for full implementation of practice rights, individuals, industry, consulting companies and government ministries involved in resource management in BC should be taking steps now to ensure they are informed and aligned with the intent of the PGA and its timelines. Thank you to our amazing staff and all of our registrant and lay volunteers on our council, committees and task forces.
MARCH 2021 // 3
Message from the chief executive officer
Building on Our Foundation By Chistine Houghton, Chief Executive Officer
O
n February 5, 2021 the Professional Governance Act (PGA) came into effect and the College of Applied Biology Act (CABA) was repealed. A simple sentence to write, but it has been an intense, challenging and sometimes frustrating—sometimes rewarding—three years of work to get us there. Fortunately we had a strong governance structure on which to build making the task more rewarding than frustrating.
As with any challenge there are opportunities. Finding those opportunities and then capitalizing on them is how the College approached the transition from our old Act to our new Act and Regulation. To tackle this, we catalogued what needed to change to come into compliance with the PGA, we assessed those things that could be improved regardless of the statute, and we identified where registrants and potential registrants may need support as we move forward under the PGA. Our objective was to have a clear, effective, transparent regulatory regime that would ensure that the College continued to put protecting the public interest at the centre of all its undertakings.
What needed to change because of the Professional Governance Act? There are some requirements in the PGA that required us to review and revise some of the basics. The Rules under the CABA needed to be replaced by bylaws that reflected both the letter and the spirit of the PGA. It is not only the structure of the bylaws that has changed—but there are significant changes to some of our governance principles and processes. >> Revisions to the Code of Ethics (now Code of Ethics and Professional Conduct (CoEPC))—the most notable being on duty to report. While, previously, a member (now registrant) was required to report potential violations of another registrant of the College, the PGA as well as the
MARCH 2021 // 4
CoEPC require registrants of all regulators under the PGA to report potential violations of any of those organizations to the appropriate regulatory body. >> Merit-based Council nominations process and elections— potential candidates are now required to complete a process that includes a written application, interview and reference checks against competencies outlined in the bylaws and supporting policy. Potential candidates who do not meet the merit criteria may be disqualified from standing for election.
Our objective was to have a clear, effective, transparent regulatory regime that would ensure that the College continued to put protecting the public interest at the centre of all its undertakings. >> Merit-based appointment of Committee Chairs for the Credentials, Audit & Practice Review, Investigations and Discipline Committees. Similar to the nominations process, potential chairs must go through a process and be vetted by the Nominations Committee who will then make its recommendation to Council.
What needed to change to make us more successful? Any organization that does not review its policies and processes will eventually become obsolete. Transitioning to the PGA gave us extra incentive to look at some of the core programs and make improvements.
college matters // cab-bc.org
Message from the chief executive officer
>> Credentialing standards and processes were reviewed by a Task Force in 2018, and the revised standards were recommended to Council and put into effect in 2020.
>> Conducted registrant surveys to help identify gaps and aid the College in making improvements. >> Conducted webinars on transition activities.
>> The Audit & Practice Review Program has been updated including putting in place the Practice Review program that was developed by another Task Force and approved by Council.
Regardless of how strong a foundation is, for it to work, the College’s existing registrants and those aspiring to become registered must understand the changes that are coming and the reasons that drive those changes. >> Improved the terms of reference for all statutory committees and created position profiles for the dedicated volunteers (public and registrants) who serve on them.
>> Built a new, more user-friendly database for registrants that collects mandatory data under the PGA.
Moving Forward In spite of having to adjust due to the unplanned disruption of the global pandemic, the College Council, volunteers and staff have been able to maintain their focus on upholding the College’s current statutory responsibilities while developing the policies, processes and bylaws that are our core business. Bringing in the PGA is step one; our next big tasks include exploring training opportunities for registrants on Indigenous reconciliation, further defining practice scope for Registered Biology Technologists and Applied Biology Technicians, and securing reserved practice (Practice Rights) for applied biology professionals. With the support of the provincial government, this will be a first for British Columbia and will be critical to fulfill the stated goal of the Professional Governance Act to improve professional governance to better protect the public interest.
>> Modernized CPD program and policy, and development of a CPD standard. >> Developed the Professional Practice Competencies and Competence Standard.
Supporting registrants and prospective registrants Regardless of how strong a foundation is, for it to work, the College’s existing registrants and those aspiring to become registered must understand the changes that are coming and the reasons that drive those changes. To accomplish this, the College has undertaken a number of activities and will increase those activities in the coming year. >> Development of a free online applicant self-assessment tool.
college matters // cab-bc.org
MARCH 2021 // 5
message from the registrar & director of compliance
PGA Adds New Requirements to be Maintained in the Public Register By Derek Marcoux, RPBio, Registrar & Director of Compliance
A
pplications and new registrations continue to increase in 2021. As of February 8, 2021, the College has 2856 registrants. The total number of registrants increased seven percent between 2019 to end of 2020.
With the changes under the Professional Governance Act and College Bylaws, Standards and Policies, there are several updates to College statutory requirements that registrants should be aware of going forward.
Under S. 31 of the Professional Governance Act, the College has new requirements to be maintained on the public register. This includes a listing of registrants and former registrants, category and/or subcategory of registration, limits imposed on registration, and any notations on cancellations or suspensions. Furthermore, the College Bylaws, as directed by the Office of the Superintendent of Professional Governance, require additional information to be made publicly available including the person’s: >> Registration #
The previous entrance requirements for applicants were housed in Schedule 3 of the College Rules. With the repeal of the College of Applied Biology Act and College Rules, the entrance requirements in Schedule 3 also were repealed. These have been replaced by a Credentialing Standard authorized under Division 5, Section 5-3 of the new bylaws. There are no substantive changes to any requirements under the new Standard; however, registrants should become familiar with the Standard if they are offering advice for prospective applicants.
>> Date of registration >> Areas of Practice >> Region of residence >> Employer and contact details
Registrant Category Registered Professional Biologist
2022
71
199
2292
Biologist in Training
353
12
0
365
Registered Biology Technologist
98
5
1
104
Student Biologist
51
0
0
51
Registered Biology Technologist in Training
28
1
0
29
Applied Biology Technician
13
0
0
13
Applied Biology Technician in Training
2
0
0
2
TOTAL
MARCH 2021 // 6
Active On Leave Retired Total
2567
89
200 2856
college matters // cab-bc.org
message from the registrar & director of compliance
The information above is to be maintained for a period of at least ten (10) years after a person ceases to be a registrant. During the annual dues payments, registrants will be required to update this information and assert the accuracy and completeness of this information to maintain their registration. One substantive change on the register is the requirement to maintain details of complaints, investigations and discipline decisions. This includes outcomes from Consent Orders, Discipline Decisions, Alternative Complaint Resolution,
All registrants are required to be aware of and understand the impacts to their professional practice. Extraordinary actions to protect the public, and Reprimand or Remedial Action by Consent. These details are to be maintained in perpetuity.
Trainee (RBTech) Trainee (RBTech) 1%1% Student Student 2% 2% RBTech 3%
ABT ABT On Leave On3%Leave 1%
1%
RBTech 3%
3%
Under the PGA, complaints are still received by the College regarding allegations of unethical conduct of registrants. During an initial ‘intake’ phase, the Registrar may seek further information from the complainant or respondent prior to producing a report for the Investigations Committee. During the course of an investigation, several new options are available to the Investigations Committee as outlined in Section 9-8 of the bylaws. These include proposing of Consent Orders, Reprimand or Remedial Action by Consent, Alternative Complaint Resolution, or authorization of a Practice Review. The Investigations Committee still has the option to issue a Citation regarding a complaint. If done, the Discipline Committee will be activated to appoint a Discipline Panel to oversee a hearing process. The changes under the PGA involve many new aspects to professional regulation. All registrants are required to be aware of and understand the impacts to their professional practice. Please endeavour to review the changes described here, review documentation on the website, and take part in any upcoming webinars to become familiar with the changes.
College of Applied Biology Registrant Snapshot February 2021
Re�red Re�red 7% 7%
BIT BIT 12% 12% RPBio RPBio 71% 71%
college matters // cab-bc.org
MARCH 2021 // 7
message from the director of practice
The Continuing Professional Development (CPD) Program is Going Online This Year By Shona Lawson, RPBio, Director of Practice
G
ood news for everyone who has been asking about and waiting for the College to make an online CPD recording platform available: the answer is in the spring of 2021!
This spring, the College will be launching an online CPD tracking system through the existing registrant portal. No more downloading of forms, calculating how many points you have and/or may need to be compliant and no figuring out carryover. The new CPD portal will be capable of doing this for you. You will be able to access the CPD portal online anytime when you login to your profile through the College’s database.
This spring, the College will be launching an online CPD tracking system through the existing registrant portal. College Council has also modernized the CPD Program. Changes include a couple of new categories, moving some activities into their own category (i.e., presentations) and changes to point allocation. [Editor’s note: See pages 18–20 of this issue for details on the CPD program changes]. In addition, changes are detailed in Policy 7 – 200 CPD Program and in the CPD Standard documents.
The Audit Program As with the CPD Program, Council has also made changes to the Audit Program. First, there are now two levels of audits, Level I and Level II, which allow the College to increase the number of audits conducted each year. The two audit levels ensure more registrants are provided with a professional development and educational experience, a purpose of the audit program, which benefits them and their practice, and aids the College in protecting the public interest. Details of the program and processes can be found in Policy 8—200 Audit Program and Part 8—Audit and Practice Review of the College Bylaws. Second, the audit process is also moving online in 2021 and will likewise be accessible through the College registrant portal. Auditees will be able to answer questions and upload documents, such as a resume, directly to the portal. Assessors will be able to review their auditee’s CPD records, resume and responses to audit questions online, so no more downloading forms and emailing documents to the College: the process will all occur online starting this fall. It is an exciting time with the College as we embrace the digital world of operations, making our processes easier, more efficient and effective for registrants.
As the audit process includes a review of the last three consecutive years of CPD in addition to 2021’s CPD activities, you will also be able to enter the past two years—in this case, 2019 and 2020. Entering 2019 and 2020 CPD activities into the portal will only be required if you are selected for an audit in 2021 and 2022. However, if you wish to input CPD for the past two years, you will have this option.
MARCH 2021 // 8
college matters // cab-bc.org
announcement
2021 AGM, Webinar Series, Electronic Seals for Registrants and More By College Staff
As to ensure compliance with current provincial public health orders, all College activities will be virtual until further notice.
Save the date April 8, 2021, for the College of Applied Biology’s AGM The College’s AGM this year is going virtual again and will be convened on April 8 at 3pm. Register here. There will also be a webinar discussing the Code of Ethics and Professional Conduct following the AGM. Please note that attendance to the webinar requires a separate registration. Attendance at both events does count for Continuing Professional Development points and there is no cost to attend. Mark your calendars and stay tuned for further details from the College via the website, College Connections and College Notices.
Conference Update The College will not be hosting a conference in 2021. We look forward to welcoming you to the 2022 Conference next spring.
Webinar Series The College will be hosting a series of professional development and informational webinars this year regarding implications and opportunities for applied biology professionals with the implementation of the Professional Governance Act. Part 1 of the PGA webinar series discussing implementation of the PGA with guest speaker Paul Craven occurred on February 24—a recording is available here. Stay tuned for further details on webinars via the College’s website, College Connections and College Notices.
Electronic Seal Update
Biologists (RPBios) and Registered Biology Technologists (RBTechs) will only be provided an electronic seal. This change is in response to the dominance of electronic documentation in professional reports rather than paper documents. The seal will be a high resolution digital graphic that can be affixed electronically to digital documents. This will replace the rubber stamp seals that have traditionally been provided. The electronic seals will be available for download from the registrants’ individual login screen in the registrant portal after registration. For existing RPBios and RBTechs, the College will be developing a system to allow purchase of an electronic seal for those who would like one. Please be patient as of December 31st the College had over 2800 registrants and we need to ensure a proper process is in place to issue digital seals while not creating a bottleneck or large backlog. More details to follow, so stay tuned to College Notices and College Connections.
2021 Audit Cycle College Council has postponed the 2021 audit cycle until the fall of 2021. This decision was made as the College anticipates the launch of new portals in the database for the Audit and Continuing Professional Development (CPD) Programs in the spring of 2021. The delay to this year’s audit cycle is to ensure both portals are online and available to registrants prior to being audited this year. Registrants will be notified in the fall if they have been randomly selected for an audit. Check the College’s website in the coming months for updates on the CPD and audit portals status.
New Lay Volunteers to Committees The College is pleased to announce that Richard Williams has been appointed by Council as Lay Committee member of the APRC, and Andrew Hall has been appointed by Council as Lay Committee member of the Credentials Committee.
College Council has passed a new policy regarding issuance of seals. As of January 1, 2021, new College Registered Professional
college matters // cab-bc.org
MARCH 2021 // 9
announcement
Introducing New College Staff
Sue Owen joined the College staff at the end of September 2020 as the Regulatory Officer. Her role is to help the Registrar with the registration, credentials, investigations and discipline processes and associated committees. In addition, she supports the Director of Practice with the Audit and Practice Review (APR) Programs and the APR Committee. Sue provides information to College applicants regarding registration inquiries. Sue is a graduate of Mining Engineering Technology from Northern College of Applied Arts and Technology, Ontario, and a graduate of Business Administration from York University, Toronto. Sue previously worked for the Capital Regional District (CRD) as a document control specialist assigned to the Wastewater Treatment Project. Before moving to Victoria from Saskatoon in 2019, Sue worked as a research assistant for Agriculture and AgriFood Canada and as a community educational assistant in research with the Saskatoon Open Door Society. Sue brings her document control and business administration skills to the College and looks forward to assisting new applicants with the certification process. Sue has a passion for the environment and is overjoyed working with her colleagues at the College. She loves trying new recipes, gardening and spending time with her family and her dog while getting to know her new Island home.
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M. Eugenia Fernandez joined the College in October of 2020 as the Administrative Officer. She provides support to all College staff and ensures the office is running smoothly. Eugenia is the College’s frontline contact providing information to registrants, the public and prospective applicants, and directing inquiries to the appropriate staff. She holds a degree in Literary and Technical-Scientific Translation in English from I.E.S. en Lenguas Vivas “Juan Ramon Fernandez” Institute, Buenos Aires, Argentina, and a diploma in Digital and Print Publishing from Langara College, Vancouver, BC. Prior to joining the College, Eugenia worked for Stanton Chase, an international Executive Search Consultancy firm, and for EY, a leading professional services company, in Buenos Aires and has provided executive and administrative assistance for more than ten years. She is passionate about language, especially the curiosities of English. She is also a tea sommelier, interested in its production and the different cultures around it, and hopes to try as many new teas as she can—hopefully in cafés and teahouses—in 2021.
college matters // cab-bc.org
FEATURE
Governance Changes for the College By Shona Lawson, RPBio, Director of Practice
W
ith the implementation of the Professional Governance Act (PGA) comes changes to the governance of the College and its registrants. As of February 5th, 2021, the College of Applied Biology Act was repealed and the College now falls under the PGA and our associated regulation, the Applied Biologists Regulation. In addition, the College Rules were replaced by College Bylaws; under certain parts of the bylaws, College Policies and Standards have been referred to, making
college matters // cab-bc.org
them legally binding. The Code of Ethics has been replaced in the bylaws by the Code of Ethics and Professional Conduct (CoEPC), which is now Schedule 1 of the bylaws. Schedule 2 is now Fees and Charges. It is important for both the public and registrants of the College to know and understand the hierarchy and jurisdiction of applicable legal requirements with regards to the College’s regulated registrants. The below graphic provides a visual representation of the governance hierarchy and how it applies
MARCH 2021 // 11
FEATURE
to both the College and registrants. With many changes comes the management, implementation and education aspects: throughout the coming months and years, the College will continue to grow and change, and make both registrants and the public aware of changes, when they are expected to be implemented, how they will be implemented and what that implementation will look like. There is no doubt that 2021 holds some of the biggest changes and implementation; however, 2022 is the next big change. The College anticipates development and implementation of reserved practice, also known as practice rights, for practicing Registered Professional Biologist (RPBio) and Registered Biology Technologist (RBTech) registrants to occur in 2022. Another big change will be the implementation of firm regulation. July 2021 will see Engineers and Geoscientists of BC (EGBC) regulate firms that employ Engineering and Geoscience professionals. Firms that will be regulated by EGBC include both private and public entities such as the Ministry of Transportation. The regulation of firms that fall solely under the jurisdiction of the College is still two to three years away. The College is working with the other PGA regulatory bodies as a member of the Regulation of Firms Joint Advisory Group (RFJAG), which includes representatives from EGBC, Association of BC Forest Professionals (ABCFP),
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Applied Science Technologists and Technicians (ASTTBC), BC Institute of Agrology (BCIA) and the Architecture Institute of BC (AIBC), who are anticipated to come under the PGA in late 2021 or early 2022. The RFJAG is working to ensure a level of
There is no doubt that 2021 holds some of the biggest changes and implementation; however, 2022 is the next big change. consistency for firm regulation across the six regulatory bodies and for the regulation of multi-disciplinary firms (i.e., firms with more than one regulated profession under the PGA). It is safe to say that the College is at the beginning of implementation and changes under the PGA, and more is still left to come. Therefore, it is important for registrants to stay informed of the changes and keep up to date on College news through College Notices, College Connections, College Matters and visiting the website regularly.
college matters // cab-bc.org
FEATURE
OSPG Guides Regulatory Excellence By OSPG Staff
O
n February 5, 2021, the Professional Governance Act (PGA) came fully into force and the College of Applied Biology Act was repealed. The following article provides an overview of the changes that are now in effect for regulatory bodies, and by extension, for registrants.
Following an examination of professional regulation in the natural resource sector and resulting Professional Reliance Review, the PGA was passed in 2018. The following year, the Office of the Superintendent of Professional Governance (OSPG) was formed to improve oversight of the governance of professionals. The OSPG has worked diligently with the affected regulatory bodies and as a result the PGA came fully into force on February 5, 2021.
with Indigenous Peoples, and transparency in all aspects of professional governance. It provides government oversight, accountability of regulatory bodies, and ensures the use of best practices in professional governance—all in the public interest.
OSPG Operations The OSPG is responsible for administering the PGA and provides oversight of regulatory bodies designated under the PGA. Guided by the Superintendent, the OSPG’s focus is on protecting the public interest. In order to support this function, the OSPG carries out several important functions: >> Ensuring regulatory body compliance with the PGA as well as auditing, measuring, and reporting on their performance;
Professional Governance Act Timeline
Why this Matters
>> Conducting research into and promoting best practices;
The PGA modernizes existing legislation and incorporates current best practices to ensure the most efficient governance. The new legislation also standardizes how designated regulatory bodies govern their registrants. This will foster better public understanding and also bring consistency for cross-disciplinary teams of professionals.
>> Responding to complaints and conducting investigations about systemic governance matters;
The PGA includes important updates such as enhancements to the code of ethics, continuing education, reconciliation
college matters // cab-bc.org
>> Considering designation of new regulatory bodies. The OSPG also provides an important conduit of communication between government and regulatory bodies by chairing the Professional Governance Advisory Committee. This committee allows the College and other regulatory
MARCH 2021 // 13
FEATURE
bodies to address profession-related issues and ideas directly with government representatives.
College of Applied Biology to Continue in Role While both the OSPG and the College have a mandate to protect the public, they achieve this goal in different ways and by oversight of different individuals. The OSPG provides oversight of designated regulatory bodies while the College provides oversight of the professionals it governs by setting requirements for persons to enter the profession, setting and enforcing standards of practice, and taking action where required through its complaints, and investigation and discipline process.
The OSPG provides oversight of designated regulatory bodies while the College provides oversight of the professionals it governs. In 2019, the PGA introduced new requirements for a meritbased process to run for Council as well as the requirement for greater participation of Lay Council and Committee members. Further changes resulting from the February 2021 in-force date include: >> Greater consistency of ethical principles across all regulatory bodies, reflected in profession-specific codes of ethics. >> Changes to the bylaw approval process: The PGA gives Councils the authority to make bylaws by resolution without registrant ratification. Councils will use various methods to engage registrants as part of the bylaw development process. >> Updated and consistent requirements and measures within the complaints and discipline process. >> A more informative public register that will include contact information.
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The PGA also introduces the authority for regulatory bodies to regulate firms, similar to how individual professionals are currently regulated. This change not only affects private companies but also government ministries and agencies. Initially, the authority to regulate firms has been granted to Engineers and Geoscientists B.C., who will start to register firms in July 2021. Biology professionals working for firms that offer engineering services may see some changes to policies and procedures at the corporate level as a result. While the College is not moving forward with firm regulation yet, it will continue to work with the OSPG to identify programming and a timeline that reflects profession-specific considerations.
Effects on Professionals Many of the changes being brought in by the PGA will strengthen the College’s position as a regulator while also protecting the public interest. However, biology professionals will also note some changes as a result of updated bylaws of the College and certain provisions in the PGA that directly apply to registrants. The ethical obligation for professionals to raise concerns about another professional’s conduct or practice is well established in the code of ethics and is an important role that professionals play to protect the public interest. While this ethical obligation remains, the PGA contains a new statutory duty to report, which is important to understand. Key aspects of the statutory duty in section 58 include: >> A requirement to report on any other registrant governed under the PGA, not just within one’s own profession. >> The duty extends to employers and partners if they terminate employment or revoke or suspend the registrant’s privileges or dissolve a partnership with the registrant. >> The requirement is triggered in situations where a registrant’s practice may pose a risk of significant harm to the environment or to the health or safety of the public. >> What is or is not significant harm can not be determined in advance by hard and fast rules—it requires professional judgement.
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FEATURE
>> The potential harms must be linked to an identified registrant engaged in their regulated practice. >> Persons who meet their duty and make reports are protected from reprisals. >> Failure to meet the duty has clear penalties for not reporting. OSPG has published additional guidance on its website for registrants and employers to help them understand this new duty and will be providing training opportunities over the next few years to engage registrants on scenarios that illustrate when the duty may be triggered.
PGA Opens Door to Right to Practice Perhaps the biggest change that biology professionals may notice is creating a reserved practice for applied biology. The College has been working towards this objective for several years, through engagements on scope of practice, regulated
OSPG will work with the College to build on previous engagement and ensure that current registrants, nonregistrant practicing biologists, industry and the public at large are prepared for the new reserved practice of applied biology.
OSPG will work with the College to build on previous engagement and ensure that current registrants, nonregistrant practicing biologists, industry and the public at large are prepared for the new reserved practice of applied biology. We expect that the Applied Biologists Regulation will be updated to set out the impending reserved practice in the coming months following a further period of consultation. The introduction of these new reserved practices will include a reasonable transition period identified well in advance of the reserved practices being introduced.
The PGA has created new opportunities to better govern professionals and to demonstrate to the public that professionals working in the natural and built environment are highly skilled and accountable to the professional and ethical standards of their respective regulatory bodies. And while the PGA will affect all regulatory bodies a little differently, the new changes will bring improved public interest protection that everyone can benefit from.
Learn More >> Explore: Professional Reliance Review >> Visit: OSPG website >> Read: OSPG FAQ
practice, and reserved practice for applied biology. In effect, the reserved practice will define practices that require the advice and services of a professional biologist and prohibit non-registrants from carrying out those activities. Requiring all applied biology practitioners to be qualified, competent and accountable by way of registration with the College will be an important part of achieving the public interest objective of the PGA.
college matters // cab-bc.org
MARCH 2021 // 15
FEATURE
New Code of Ethics and Professional Conduct By Shona Lawson, RPBio, Director of Practice
O
ne of the biggest changes for the College with the Professional Governance Act being fully implemented are the ones to the Code of Ethics. Changes align with the legal requirements under the PGA.
2
Undertake assignments and offer opinions only in areas where training and ability make the registrant professionally competent.
5
Hold paramount the safety, health and welfare of the public, including the protection of the environment and the promotion of health and safety in the workplace.
7
Maintain a standard of personal and professional conduct that does not reflect adversely on the College or its registrants.
9
Recognize the duty to address poor conduct and/ or practice of another professional under the Professional Governance Act in order to protect the public interest, the profession, and the reputation of the College as a regulator.
What has changed:
>> Now called “Code of Ethics and Professional Conduct” (CoEPC). >> CoEPC is physically embedded into the bylaws as Schedule 1 and includes information on how registrants are to meet each principle. >> Principles 2, 5, 7 & 9 have had language changes as highlighted in blue:
MARCH 2021 // 16
college matters // cab-bc.org
FEATURE
Professional Engineer whose expertise and practice are in mechanical engineering likely does not fully understand or is knowledgeable of a Registered Professional Biologist whose expertise and practice is in botany and vice versa.
>> Biggest change is the Duty to Report under Principle 9. There has always been a duty for College registrants to report another registrant’s potential practice non-compliance and ethical non-compliance to the College; however, what has changed is the duty for any regulated professional under the PGA to report another registrant under the PGA. Currently, the five regulatory bodies under the PGA are:
What Stays the Same >> There are still 9 Principles.
• Engineers and Geoscientists of BC (EGBC) • Association of BC Forest Professionals (ABCFP) • Applied Science Technologists and Technicians of BC (ASTTBC) • BC Institute of Agrology (BCIA) • College of Applied Biology • A sixth regulatory body, the Architecture Institute of BC (AIBC), will be fully under the PGA in late 2021 or early 2022.
>> Principles 1, 3, 4, 6 & 8 remain the same:
1
Provide objective, science-based, unfettered, forthright and intellectually honest opinion, advice and reports in applied biology.
3
Ensure they meet a professional standard of care by practicing applied biology with attention, caution, prudence, and due diligence.
4
Provide a professional standard of service to clients and employers by conducting business practices fairly, avoiding conflict of interest and respecting client/ employer confidentiality.
6
Uphold professional obligations to the College while in the workplace.
8
Avoid injuring the reputation of others through malice or negligence.
What does this mean for College registrants? This means you now have a duty to report a potential practice and ethical non-compliance practice(s) of other PGA regulated professionals’ practice to their associated regulatory body. The Office of the Superintendent of Professional Governance has issued a guidance with regards to “duty to report” and recognizes that not all regulated professionals have a good understanding of other’s professional practice. For example, a
college matters // cab-bc.org
MARCH 2021 // 17
FEATURE
The College Modernizes the Continuing Professional Development (CPD) Program By Shona Lawson, RPBio, Director of Practice
C
ollege Council has modernized the CPD program to comply with the Professional Governance Act, Office of Superintendent of Professional Governance (OSPG) guidance on Standards of Good Regulation, to reflect the variety of activities, levels of responsibility, fields of work and areas of practice registrants of the College are engaged in, and to reduce barriers, known or perceived, to professional development (PD) activities for registrants, such as financial and accessibility.
CPD Program Changes Below are some of the important changes to the CPD Program: >> Policy 7 – 200 CPD Program and a CPD Standard replace
Schedule 4 of the College Rules and are reference documents with which registrants should be familiar;
MARCH 2021 // 18
>> CPD activities are to align with the Professional Practice Competencies & Competence Standard; >> A CPD year is now defined as the period from January 1st to December 31st of the same year; >> There are now seven categories of Professional Development; >> Each category has been defined, and examples of eligible activities (PD) have been provided—see above documents; >> Point values per CPD year for some categories and associated activities have changed; and >> There is carryover limit for points. The limit is now two years from the year the points were earned. Points cannot be carried over past this date.
college matters // cab-bc.org
FEATURE
Examples of CPD categories and activities that align with the College’s Professional Practice Competencies
Category Changes 1. Management activities have been moved out of Professional Practice into their own category, Management. There is no requirement for a registrant to be engaged in Professional Practice or Management activities or a combination of both to be a registrant and regulated professional with the College;
The seven categories are: 1. Professional Practice 2. Management 3. Formal Learning 4. Informal Learning
2. Continuing Education: All formal and informal learning in both the General Professional Learning and Applied Biology categories have been grouped into two respective categories, Formal Learning and Informal Learning;
6. Contributions to Knowledge
3. Presentations became a separate standalone category; and
7. Service to the Community and the Profession
5. Presentations
4. Service to the Community and Profession has been changed to include volunteer activities with organizations and the profession including but not limited to the College.
college matters // cab-bc.org
MARCH 2021 // 19
FEATURE
Claiming Eligible Activities and Points You cannot claim eligible professional development activities and associated points in more than one CPD category.
Changes to CPD Point Values The biggest change to point values is to the Professional Practice (PP) and Management (M) categories. Other categories have changes in point allocation as well. Refer to the CPD Standard and Policy 7 – 200 CPD Program for specific details. >> Professional Practice category has had an increase from a maximum of 10 points per CPD year to 20 points per CPD year. >> Management also has a maximum number of 20 points per CPD year.
Note: Both PP and M categories point allocations are to be pro-rated based upon full-time work (≥ 30 hours a week per year or a minimum of 1580 work hours per year). If a registrant conducts activities in both PP and M in a single CPD year, the maximum number of combined points to be claimed is 20 per CPD year, based on the percentage of time spent conducting activities in each category. The CPD Program aids the College in fulfilling its mandate to protect the public interest by ensuring registrants continue to remain up to date as professionals and in their area of practice, maintain or enhance their professional competency(ies) and competence, and complete mandatory training requirements. Questions and inquiries regarding the CPD program can be addressed to the Director of Practice, practicedirector@cab-bc.org.
Claiming PP or M CPD Points Examples • If you worked 40 hours a week for 9 months in either PP or M you would claim 15 points = ((9÷12) x 20) • If you worked 40 hours a week for 12 months and spent 75% on PP & 25% on M, you would claim 15 PP points (20 x 0.75 = 15) and 5 M points (10 x 0.25) for a combined total of 20 points for both categories. • If you worked 30 hours a week for 6 months you would claim 10 points = ((6÷12) x 20) = 10
Carry over • PP and M categories do not allow for carry over of any points from one CPD year to the next. • For the other five categories, points can only be carried over for a maximum of two years from the CPD year in which they were earned. Specific details of the new CPD program and requirements can be found in the following documents: • CPD Standard; and • Policy 7 – 200 CPD Program.
MARCH 2021 // 20
college matters // cab-bc.org
ANNOUNCEMENT
How to Vote in the College Council Election By College Staff
Voting in the 2021 College Council elections began Thursday, February 25, and will close on March 26, 2021. Voting takes place within the registrant portal: on February 25, all eligible voters received an email from the Registrar with a link to their ballot. As an eligible voter, you can also access your ballot through your registrant portal (pictured below). You will then be taken to your ballot which will contain instructions on how to vote, for which positions you will be casting votes and the candidates—along with a link to information profiles for the candidates—for whom you may vote (see also information on back cover).
If at any time you get interrupted, your ballot is saved and can be continued by logging into your registrant portal and clicking on the continue button under the Elections and Polls section. When you have completed your ballot, please review it carefully—once you have submitted your ballot you will no longer be able to make changes. If you have any questions about voting, or if you are not able to access your ballot, kindly contact the College office at admin@cab-bc.org. Balloting closes on March 26, 2021. Please note that no paper ballots will be distributed this year—all voting is through the registrant portal.
Voting can be completed by signing into your registrant portal and clicking the start button. More information regarding voting can be found here.
college matters // cab-bc.org
MARCH 2021 // 21
Publications mail agreement #42053528 Return undeliverable copies to The College of Applied Biology Suite #210 - 852 Fort Street Victoria, BC V8W 1H8
Graphic design template by Rocketday Arts
Voting in 2021 College Council elections continues until March 26 at 2pm Meet the 2021 Candidates (* denotes registrant currently serving on Council) “I bring an extensive knowledge of natural resource legislation, regulation and policy in BC to the Council to assist in implementation of the Professional Governance Act, ensuring continued public confidence in professional Biologists.” Christopher Addison, RPBio #2010
Christopher is running for the Councillor position.
“I have strong skills in communication and listening, which enable me to have opportunities to share experiences and information. I have been fortunate to have clients who are interested in following best practice and sharing their data. This has allowed unique collaborations with Indigenous and government groups to understand biological and legislative processes.” Victoria Burdett-Coutts*, Victoria is running for the Councillor position. RPBio #2543
“I am interested in running for Council to give back to the community and to the people of BC. I would like the opportunity to serve on Council to support the good work that is being done, especially in the shift to our new oversight body under the Professional Governance Act.” Laura Coward, RPBio #724
Laura is running for the Councillor position.
“I believe in the value of the biological profession and would like to be involved on the Council to help support and improve the practice of biology. I will work to help the College to uphold the public interest in the practice of professional biology by holding members accountable to the ethical principles of integrity, conduct and competence while pursuing careers in professional biology.” Deborah Stanyer, RPBio #1105
Deborah is running for the Councillor position. “I am interested in running for Vice President as I want to continue to contribute to the guidance of our registrants through establishment of the CAB’s renewed role under the Professional Governance Act, including establishment of right to practice legislation for our profession.”
Sean Sharpe*, RPBio #585
Sean is running for the Vice President position.
“I look forward to continuing this collaboration and helping the College in its increased and revised roles under the Professional Governance Act, continuing to serve as a voice for oversight and professional conduct and accountability, strengthening the relationships with provincial and federal governments, First Nations governments, industry, members and non-members alike.” Alexandra Tait*, RPBio #2111
Alexandra is running for the Vice President position.