1. Engineering & Geoscience in Saskatchewan
Saskatchewan Institute of Agrologists Annual Meeting
April 5, 2017
Bob McDonald, P.Eng., LL.B., FEC, FEC (Hon.), FCSSE
Executive Director Registrar, APEGS

2. Regulation of Professions
The regulation of the professions is provincial jurisdiction, coming within “property and civil rights in the Province” in section 92(13) of the Constitution Act, 1867
Statutes state and the Supreme Court of Canada has determined that the primary purpose of the establishment of self-governing professions is the protection of the public

3. Objects of APEGS (Act - Sec. 5)
ensure the proficiency and competency of the members in order to safeguard the public.
regulate the practice of engineering and geoscience in accordance with the Act and Bylaws.
promote and improve the proficiency and competency of members.
foster the practice of professional engineering and professional geoscience in a manner that is in the public interest.

4. Objects of SIA (Act - Sec. 4)
to promote and increase the knowledge, skill and proficiency of its members in the practice of agrology
to do all things that may be necessary, incidental or conducive to the usefulness of agrologists to the public
to protect the public in all matters relating to the gathering, analyzing and distributing of information respecting agrology and to improve agrology services and agrology education; and
to increase public assurance of the safety of the food supply, to promote the wise use of natural resources and to monitor the environmental sensitivity of the agri-food industry

5. Duty and Objects of Sask
Duty and Objects of Sask. Association of Medical Radiation Technologists (Act - Sec. 4)
Excerpt from The Medical Radiation Technologists Act, 2006, which was proclaimed effective May 30, 2011
It is the duty of the association at all times:
to serve and protect the public; and
to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members
The objects of the association are:
to regulate the practice of the profession and govern the members in accordance with this Act and the bylaws; and
to assure to public of the knowledge, skill, proficiency and competency of members in the practice of medical radiation technology.

6. Two Aspects of Regulation
Registration - qualified persons are registered and licensed as members, and are subject to investigation and discipline for professional incompetence and professional misconduct
Prohibition - unqualified persons are prohibited from using title and/or from engaging in professional practice ‏

7. Professional Regulation in Saskatchewan
There are over 40 statutes in Saskatchewan alone regulating the professions
Engineering and Geoscience are regulated pursuant to The Engineering and Geoscience Professions Act
Some legislation is “right to practice” and some is “right to title”
The Engineering and Geoscience Professions Act requires engineers and geoscientists to be licensed
The Interior Designers Act only protects the title “interior designer” but there is no requirement for membership or licensure to engage in practice
The Agrologists Act, 1994 requires agrologists to be licensed

8. Self-Regulation
The Engineering and Geoscience Professions Act provides for the creation of bylaws:
The Engineering and Geoscience Professions Regulatory Bylaws, 1997
The Engineering and Geoscience Professions Administrative Bylaws, 1997
Similarly, The Agrologists Act, 1994 provides for the creation of regulatory and administrative bylaws

9. How Does APEGS Regulate the Professions?
Members, licensees and corporate registrants are subject to the Act and Bylaws
The Regulatory Bylaws contain a “Code of Ethics” to be followed by all members and corporate registrants
Complaints may be received about the competence and conduct of members
The Investigation and Discipline Committees deal with professional incompetence and professional misconduct of members

10. Complaints to APEGS
APEGS typically receives about five complaints annually
APEGS may have one or two discipline hearings annually
Most complaints relate to professional misconduct as opposed to professional incompetence

11. Investigation & Discipline Obligations
Investigation and discipline are fundamental to the professional regulatory process
Professional regulators must be properly resourced to carry out these functions
In Totera (2013), the discipline panel of the Law Society of Upper Canada dismissed a discipline matter due to delay, and opined:
One of the most fundamental duties of the Society as a self-governing body, it has to be prepared to spend the money to carry out the most fundamental of its obligations – that of ensuring that the investigation of those of its licensees of suspected wrongdoing are investigated and, if warranted, prosecuted without delay.
The decision of the discipline panel was overturned by an appeal panel, but later reinstated by the Divisional Court of Ontario (2016)

12. Investigation & Discipline
Procedures for investigation and discipline are set out in the Act and Bylaws
Administrative tribunals must follow the principles of procedural fairness and natural justice
Simply stated – “Fair Play in Action”

13. Procedural Fairness and Natural Justice
Free of bias or reasonable apprehension of bias
Full disclosure (both good and bad)
Opportunity to be heard
Person(s) who hear the case must decide
Reasons for decision
Without unreasonable delay

14. Investigation Committee
Responsible for the investigation of allegations of professional misconduct (section 30) or professional incompetence (section 29)
Purpose of the investigation is to determine whether there is a basis for laying a charge and proceeding with a hearing

15. Key Processes Investigation Initiated Threshold Review
Notification & Request for Information
Information Gathering and Review
Establish Findings and Recommendation
Reporting
Review by Council (if application is made)
Pre-hearing Conference (if a discipline hearing is recommended)

16. Investigation Committee Report
On completion of the investigation, the Investigation Committee makes a written report to the Discipline Committee recommending:
That the Discipline Committee hear and determine the formal complaint set out in the report; or
That no further action be taken with respect to the matter under investigation § 32(3)
Report must be signed by a majority of members of Investigation Committee § 32(5)

17. Discipline Committee
Provides an inquiry and judgment capability to enable the Association to meet its responsibilities under the discipline sections of the Act. § 33
Hears and determines formal complaints referred to it by the Investigation Committee
Essentially a “judge and jury” function

18. Prohibition: Non-Members
Prohibition sections of the Act deal with:
Protection of “Title” (section 26)
Scope of Practice (sections 27 & 28(1))
Note s. 14 of The Interpretation Act, 1995
14 No enactment binds the Crown or affects the Crown or any of the Crown’s rights or prerogatives, except as is mentioned in the enactment.
There is no provision in The Engineering and Geoscience Professions Act that binds the Crown.
Violators of the Prohibition sections are prosecuted in the Provincial Court of Saskatchewan or seek an injunction (only remedies)

19. Protection of “Title”
Only professional engineers may use the title “Professional Engineer”, “Engineer”, “Consulting Engineer” or the abbreviation “P.Eng.” to imply that he or she is a professional engineer
Only professional geoscientists may use the title “Professional Geoscientist”, “Geoscientist”, “Consulting Geoscientist” or the abbreviation “P.Geo.” to imply that he or she is a professional geoscientist

20. Protection of “Title”
No sole proprietor, partnership, association of persons or corporation shall use the word or phrase “engineer”, “engineering”, “P.Eng.” “consulting engineer”, “P.Geo.”, “consulting geoscientist” or “geoscience” without the written authorization of APEGS to imply that the sole proprietor, partnership, association of persons or corporation or any of its members are professional engineers or professional geoscientists.

21. Scope of Practice
No person who is not a member shall hold himself or herself out as being a member
No person who is not a licensed professional engineer shall engage in the practice of professional engineering
No person who is not a licensed professional geoscientist shall engage in the practice of professional geoscience
Note exceptions in s. 28 of Act

22. Notice and Investigation of Prohibition Cases
Done by APEGS staff
Review newspapers, Sask. Gazette, Reports and Submissions, etc.
Correspondence with other associations/ordre
Staff follows up on inquiries and information
Members and public inquire about registration or advise APEGS of misuse of title or non-engineers/geoscientists providing services
Engineers Canada - registered trademark on “engineer”

23. Practical Compliance
Is unlicensed person engaging in practice eligible for licensure, i.e. registered elsewhere; meets academic and experience requirements? If so, work with person to become licensed. If unsuccessful, complain to other association, or discuss prosecution with legal counsel.
Is unlicensed person subject to an exception contained in s. 28 of the Act? ex. supervised by a P.Eng. or P.Geo.
Is unlicensed person unqualified and unsupervised? Send letters requesting cease and desist, or identify P.Eng. or P.Geo. taking responsibility. If no success, discuss prosecution with legal counsel.

24. Good Character Guideline
“Good Character” connotes moral and ethical strength … traits include integrity, candour, empathy and honesty
Impediments include:
Record of professional misconduct or professional incompetence, or contravention of a professional statute
Commission of a criminal offence for which a pardon has not been granted
At fault in a civil action relating to professional negligence
Willfully obtains or attempts to obtain registration or renewal by cheating on an examination, making or causing to be made a false statement on his/her application, or committing any other impropriety during the application process

25. Renewal and CPD
APEGS members must pay their annual dues by January 31 of the current year
Members who fail to pay their dues by the deadline cease to be members, and are subject to a 15 per cent reinstatement fee
Maintaining one’s competence is mandatory; however, reporting of CPD is not yet mandatory
APEGS has a process for voluntary reporting of CPD activities
Council has endorsed the concept of mandatory reporting
The Professional Development Committee is working on a program to increase voluntary reporting and to implement mandatory reporting

26. Continuing Professional Development
APEGS statutory objects and Code of Ethics refer to proficiency and competency
Maintaining one’s competency is mandatory; using the CPD framework to plan and report on activities is not [yet] mandatory
APEGS has a process for voluntary reporting of CPD activities
Council has endorsed the concept of mandatory reporting
The Professional Development Committee is working on a program to increase voluntary reporting and to implement mandatory reporting

27. Professional Development
Maintaining one’s competence is mandatory; however, reporting of CPD is not yet mandatory
From APEGS objects:
ensure the proficiency and competency of the members in order to safeguard the public
promote and improve the proficiency and competency of members
From APEGS Code of Ethics:
Keep themselves informed in order to maintain their competence, strive to advance the body of knowledge within which they practise and provide opportunities for professional development of their subordinates

28. Training in Professionalism and Ethics
Applicants for professional status must successfully complete the Principles of Professional Practice Examination (PPE)
The exam covers law and ethics relevant to professional engineers and professional geoscientists
Most exam writers attend a two-day law and ethics seminar, but it is not mandatory. The seminar is also open to members.
There is no mandatory annual requirements, or mandatory training in ethics and professionalism
APEGS provides PD days several times per year and provides ethics training

29. Member Communications
APEGS publishes The Professional Edge six times per year as a communications vehicle for members
APEGS used to do a bi-monthly blast; however, there was member pushback and recent Canadian Anti-Spam Law (CASL)
Information on APEGS website

30. Thank You . . . . . . for more information, contact: Bob McDonald
Executive Director and Registrar, APEGS
Phone (306)