Report of the ASTTBC/APEGBC P.Tech Task Force. With Recommendations to ASTTBC and APEGBC Councils

Transcription

1 Report of the ASTTBC/APEGBC P.Tech Task Force With Recommendations to ASTTBC and APEGBC Councils 18 March 2011

2 TABLE OF CONTENTS Executive Summary... 1 Summary of Recommendations... 2 Acknowledgements... 5 Terms of Reference and Deliverables... 6 Stakeholder Consultation... 6 Findings and recommendations... 7 Deliverable 1: Review of Alberta Legislation, Implementation Process and Status... 7 Development of Legislation Lessons Learned... 7 Alberta Legislation Key Features... 7 Differentiation of Professional Licensee and P.Tech Guiding Principles and Points of Consensus Protection of Public Interest and Safety is Paramount Practitioners are Recognized and Take Responsibility within their Area of Competence Reliance on the Code of Ethics for Practice and Regulation Quality Assurance Model and Program Joint Board Model For Regulation of a Professional Technologist Program Concept of Professional Laddering Clarity of Roles and Responsibility Compliance with Labour Mobility Legislation DeliverableS 2 & 4 Legislation and Governance P.Tech. and Limited Licence Deliverable 3 P.Tech. Qualification and Scope Mobility Considerations Future work and Consultation Supporting Information Included in the Appendices Other Supporting Information Appendices Appendix A ASTTBC/APEGBC P.Tech. Task force Terms of Reference Final March 21, 2011 Page 1 of 71

3 Appendix C Alberta Professional Technologist Legislation Engineering, Geological and Geophysical Professions Act of Alberta Professional Technologists Regulation Appendix D ASET/APEGGA Joint Board of Examiners Terms of Reference Appendix E Cross Canada Legislative Scan Appendix F Building a Mutually Beneficial Solution: Options for a Way Forward Final March 21, 2011 Page 2 of 71

4 EXECUTIVE SUMMARY In December 2010, the Councils of APEGBC and ASTTBC jointly approved the formation of a P.Tech. Task Force (the Task Force) which was, To advise the ASTTBC and APEGBC Councils on the implementation of the designation P.Tech in BC taking into account the Alberta model, and make recommendations to both Councils by March 31, The Task Force held seven meetings over a two month period including a joint meeting with the APEGBC Limited Licence Renewal Task Force. Areas investigated by the Task Force included: Alberta legislation, designations and status of implementation Guiding Principles Governance Models and Best Practices P.Tech Scope Format and Breadth Laddering from AScT to P.Tech Quality Management Principles Mobility within Canada (especially Alberta) Evaluation of new applicants Administration and Membership Mobility of Licensees within Canada Relationship between Licence and a PTech scope of practice. Findings and conclusions related to these topical areas are presented in the report. The Task Force determined that that its timeline was aggressive and that, given the significant amount of discussion and consultation required, it would likely not be able to present the Councils with a definitive model for Professional Technologist by its deadline of March 31, It reached consensus on features, tenets and principles for developing a legislative, qualification and scope model. These are articulated in Recommendations 1 through 4. Its deliverables have not been completed in that it has not been able to reach consensus on a distinct legislative model or the interpretation of defined terms (e.g. prescriptive codes and standards, prescriptive components of recognized codes and standards) for Professional Technologist scopes of practice. Time also did not permit it to engage in the breadth and depth of consultation needed with affected stakeholders, including ASTTBC and APEGBC members, employers, government, and Authorities Having Jurisdiction. The Task Force recommends that the work continue based on the principles it has recommended and that the two Associations continue to work together to define the desired scope of practice and legislative model for the Professional Technologist designation. Page 1 of 71

5 It also recognizes that the road ahead may be fraught difficulties similar to those experienced by APEGGA and ASET; and that their experience has offered not only a platform but also lessons learned towards the development of an improved model. Recommendations of the Task Force were shaped by input from APEGGA and ASET, comparison to practices of other professions and jurisdictions, discussion with subject matter experts and group discussion. A list of reference material in the form of environmental scans and submissions from others is in the Supporting Information on Page 24. A selection of this material has been included in the Appendices (Page 25). SUMMARY OF RECOMMENDATIONS 1. that the following tenets and key elements agreed to by the Task Force be adopted by the ASTTBC and APEGBC Councils in ongoing development of the Professional Technologist Program: a. Protection of the Public Interest and Public Safety is paramount; b. Practitioners are recognized and take responsibility within their areas of competence; c. Reliance on the Code of Ethics for Practice and Regulation d. Quality Assurance Model and Program e. ASTTBC/APEGBC Joint Board Model for Regulation of the Professional Technologist Program f. Clarity of Roles and Responsibilities for each grade or classification of membership or licence specified in ASTTBC and APEGBC legislation g. Professional Laddering; and h. Compliance with Labour Mobility Legislation 2. that the legislative model for the regulation of Professional Technologists have the following primary attributes: a. benefit to the public b. speaks to public safety and accountability c. practical in its implementation d. has clarity of roles and responsibilities e. considers internal trade agreements f. considers government s goal of streamlining of legislation Final March 21, 2011 Page 2 of 71

6 SUMMARY OF RECOMMENDATIONS CONTINUED 3. that the legislative model for the regulation of Professional Technologists have the following additional attributes: a. separate identities maintained for APEGBC and ASTTBC, as they are currently defined in their respective Acts, i.e. i. APEGBC regulates the practices of professional engineering and geosciences ii. iii. APEGBC solely regulates professional engineers, professional geoscientists and licensees ASTTBC solely regulates Applied Science Technologists, Certified Engineering Technicians and existing special certifications b. The Professional Technologist designation is jointly regulated; and c. Professional Technologists are members of ASTTBC 4. that a Qualification and Scope Model for Professional Technologist be studied further and consider the following attributes: i. Qualification is registration with ASTTBC as an AScT plus 6 years of significant and responsible experience in their Field of Practice, supported by Professional Engineer or Professional Geoscience References ii. Broad Based Scope with specified Discipline and Field of Practice, e.g. Municipal Infrastructure iii. a standardized list of Fields of Practice is developed iv. Applicant is evaluated in accordance with ability and competency to practice in the broad Field of Practice. If applicant is not competent to practice in a broad field of practice, i.e there is a significant gap in competency, they are considered to be ineligible for the Professional Technologist designation until the competencies have been met v. No Limitations or Exclusions other than field of practice vi. Practice within competencies, abiding by prescriptive components of recognized codes and standards, and in compliance with the Code of Ethics; and vii. If Field of Practice changes or expands, practitioner must apply for a change of scope. Final March 21, 2011 Page 3 of 71

7 SUMMARY OF RECOMMENDATIONS CONTINUED 5. that the development work continue based on the principles, tenets and features in Recommendations 1 through 4; and that the two Associations continue to work together to further define the desired scope of practice and legislative model for the Professional Technologist designation. 6. that, in the spirit of collaboration, the Associations agree that information, announcements and releases to the membership, government and the public be on a collaborative basis speaking with one voice. 7. that the members, employers of APEGBC and ASTTBC members, Authorities Having Jurisdiction and other members of the public be consulted directly, prior to making a final determination on the P.Tech. designation. 8. that a copy of this report be sent to the stakeholders mentioned in this report. Final March 21, 2011 Page 4 of 71

8 ACKNOWLEDGEMENTS APEGBC/ASTTBC LIMITED LICENCE RENEWAL TASK FORCE Manley McLachlan Chair Russell Dobie, AScT Jeff Holm, P.Eng. Bill MacPherson, AScT Ron Rittich, Eng.L. Brad Walton, AScT Mike Wrinch, P.Eng. STAFF SUPPORT Jason Jung, AScT Gillian Pichler, P.Eng. SPECIAL THANKS TO Honourable Ida Chong, John Leech, AScT, CAE Derek Doyle, P.Eng., MBA Mark Tokarik, LLB, P.Eng. Scott Turner, R.E.T., CCEP ASTTBC Appointee, Member of Council APEGBC Appointee, Member of Council ASTTBC Appointee, Member of Council APEGBC Appointee ASTTBC Appointee APEGBC Appointee Manager, Technology Careers & Executive Director, FEAT, ASTTBC Director, Registration, APEGBC Minister of Science and Universities & Minister of Economic and Skills Development Executive Director, ASTTBC Chief Executive Officer & Registrar, APEGBC Director, Registration, APEGGA Past President, ASET and Member of APEGGA/ASET Negotiating Team APEGBC/ASTTBC Limited Licence Renewal Task Force Respondents to the Information Release Final March 21, 2011 Page 5 of 71

9 TERMS OF REFERENCE AND DELIVERABLES The Task Force Terms of Reference set out its deliverables as follows: 1. Review Alberta legislation, implementation process and status 2. Review APEGBC/ASTTBC legislation to determine process compatible with current legislation 3. Develop outline of BC model 4. Recommended revisions to APEGBC/ASTTBC legislation if required based on the model 5. Make recommendations to APEGBC/ASTTBC Councils once all implications have been considered STAKEHOLDER CONSULTATION During its work, the Task Force relied on input from the following subject matter experts and stakeholders: Subject Matter Experts Mark Tokarik, LLB, P.Eng., APEGGA Director, Registration; and Scott Turner, R.E.T., CCET, Past President, ASET and Member of APEGGA/ASET Negotiating Team, both of whom attended one meeting by conference call and reviewed the APEGGA Professional Licensee designation, legislation and evaluation process, and progress to date on the Professional Technologist designation, governance and evaluation process Derek Doyle, P.Eng., MBA, Chief Executive Officer of APEGBC and John Leech, AScT, CAE, Executive Director of ASTTBC, each of whom attended one meeting as an observer and offered advice to the Task Force. Stakeholders APEGBC/ASTTBC Limited Licence Renewal Task Force who attended a joint meeting, held on February 21, 2011, to explore whether the renewed (Limited) Licence can accommodate the Professional Technologist as one licence; and Respondents to the APEGBC/ASTTBC Information Release announcing the initiation of the two (LLRTF and PTech) Task Forces and the purpose of their work. Final March 21, 2011 Page 6 of 71

10 FINDINGS AND RECOMMENDATIONS DELIVERABLE 1: REVIEW OF ALBERTA LEGISLATION, IMPLEMENTATION PROCESS AND STATUS The Task Force heard from both Mark Tokarik (APEGGA) and Scott Turner (ASET) about the current status of the P.Tech implementation in Alberta, the history of negotiating the legislation and lessons learned. There was general consensus that the Alberta model should be used as a guide for the Task Force s work,. DEVELOPMENT OF LEGISLATION LESSONS LEARNED Key points of the current Alberta situation and lessons learned during negotiations are: 1. Keep the principle of public protection and interest at the forefront of your work 2. Be clear on intentions and policy direction, as legislative drafters often work to align requests with concepts in other legislation and may lose the intent of what you were trying to achieve. For instance, APEGGA/ASET Memorandum of Understanding that formed a basis for their legislation specified individual scopes of practice while the legislation as written is open to interpretation. This resulted in lengthy discussions between the two organizations following the enactment of the legislation to arrive back at the point on which they had originally agreed. ALBERTA LEGISLATION KEY FEATURES (see Appendices Page 30 for Alberta P.Tech legislation) Key features of the Alberta legislation are: One Act (Engineering, Geological and Geophysical Professions Act of Alberta) 2 Associations (APEGGA and ASET); 2 Councils; 2 Registrars Governs practices of professional engineering, geology and geophysics Joint Councils Committee as forum for discussion of Act changes or implementation Professional Technologist Governance: Members of ASET Engage in the practice of engineering, geology or geophysics within the scope of practice specified by the Joint Board of Examiners. Joint Boards (50% APEGGA/50% ASET plus one government appointee) o Joint Professional Technologists Regulations Committee o Joint Appeal Board o Joint Board of Examiners o Joint Investigative Committee o Joint Discipline Committee o Joint Practice Review Board Professional Technologist Entry and Practice Requirements o Good Character Page 7 of 71

11 o ASET Certified Engineering Technologist or Registered Engineering Technologist o Professional Practice Examination o English Proficiency o 2 or more years of post secondary education that relate to engineering, geology or geophysics o 6 or more years acceptable experience related to engineering, geology or geophysics; 2 years of which in proposed scope of practice under the direct supervision of P.Eng., P.Geol. or P.Geoph. o Additional requirements (examinations or experience) may be assigned o Mobility provision for professional technologists from other provinces who are members of a regulated entity that is the equivalent of ASET ; and whose scope of practice will be specified by the Joint Board of Examiners o must also hold Permit to Practice if incorporated or employed by corporation without a Permit to Practice holder in the area of practice o must comply with mandatory Continuing Professional Development requirements DIFFERENTIATION OF PROFESSIONAL LICENSEE AND P.TECH. Although APEGGA had reported that its Joint Board of Examiners was struggling with the difference between the Professional Licensee and Professional Technologist scopes of practice, APEGGA has posted on its website in its FAQ ( ) the following definitions: Professional Licensee A Professional Licensee (formerly called Registered Professional Technologist R.P.T.) is a member of APEGGA and is given the right to independently practice engineering, geology or geophysics within a defined individualized scope of practice as specified by the APEGGA Board of Examiners. A Professional Licensee is regulated solely by APEGGA. Professional Technologist A P.Tech is a member of ASET and is given the right to independently practice engineering, geology or geophysics within a scope of practice that is the routine application of industry recognized codes, standards, procedures and practices using established engineering or applied science principles and methods of problem solving as specified by the APEGGA/ASET Joint Board of Examiners. A P.Tech is regulated jointly by APEGGA and ASET including admission standards, investigations, discipline, practice reviews and appeals. Final March 21, 2011 Page 8 of 71

12 CURRENT STATUS OF IMPLEMENTATION IN ALBERTA Current Alberta Situation It was reported that the APEGGA/ASET Joint Board of Examiners (JBOE) has been deliberating, with the services of a government appointed mediator. The Terms of Reference of the APEGGA/ASET Joint Board of Examiners are attached in Appendix D on Page 49. The JBOE s deliberations have resulted in a determination that Alberta P.Tech s will apply for individualized scopes tailored to their academic background and experience and that are the routine application of industry recognized codes, standards, procedures and practices using established engineering or applied science principles and methods of problem solving. The JBOE can define or describe the underlined words and specify or describe the codes, standards, procedures and practices applicable to the scope. If no industry recognized codes and standards exist, the P.Tech has to work under P.Eng. or Professional Licensee supervision. The JBOE has been struggling with the difference between P.Tech and P.L. (Professional Licensee) and how it will define the underlined terms (e.g. routine application ); also how the two scopes will work in practice. There is a conceptual demarcation that P.L. s can practice more novel engineering or geoscience versus the routine P.Tech practice. Applicants are currently given the following instructions, To develop a Scope of Practice statement, indicate what you want a license to do, followed by these words from the EGGP Act, "that is the routine application of industry recognized codes, standards, procedures and practices using established engineering or applied science principles and methods of problem solving." Two hundred and forty ASET members (C.E.T. or R.E.T. s ) have applied but have not proposed scopes. Application materials (application and experience form) are on the ASET website. ( Final March 21, 2011 Page 9 of 71

13 GUIDING PRINCIPLES AND POINTS OF CONSENSUS In its first meeting, the Task Force established three Guiding Principles that were key to its work. These guiding principles are respectively are indicated below from points 1 to 3. Subsequently, the Task Force came to a consensus on several other key points (4 to 7), which then influenced further discussion and work with respect to possible governance models and scopes of practice recommendations. 1. Upholding and protecting the public interest 2. Practitioners who take responsibility for what they are competent to do. 3. Reliance on Code of Ethics 4. Quality Assurance 5. Joint Board Model 6. Professional Laddering 7. Labour Mobility 1. PROTECTION OF PUBLIC INTEREST AND SAFETY IS PARAMOUNT APEGBC and ASTTBC both share very similar mission statements: APEGBC s mission is: To serve the public interest through the regulation of the practices of engineering and geoscience in British Columbia and, where consistent with this duty, promote the professions and protect the interests of members. ASTTBC s mission is: To serve the public by regulating and supporting Technology Professionals commitment to a safe, healthy, and sustainable society and environment. There was early general consensus among Task force Members that any model developed will first and foremost protect the public interest. 2. PRACTITIONERS ARE RECOGNIZED AND TAKE RESPONSIBILITY WITHIN THEIR AREA OF COMPETENCE A model that recognizes and allows practitioners to offer professional services in accordance within their competency was also agreed to early in the work of the Task Force. Page 10 of 71

14 3. RELIANCE ON THE CODE OF ETHICS FOR PRACTICE AND REGULATION Strict adherence to their respective association s Code of Ethics is a requirement of any registrant of APEGBC or ASTTBC. The purpose of the Code of Ethics is to give general statements of the principles of ethical conduct in order that members or licensees may fulfill their duty to the public, the profession and other members or licensees. The Task Force agreed that the practice of a Professional Technologist will rely on a Code of Ethics as a basis of regulating the practice of the member. Key programs including enforcement, practice review, investigation and discipline will form part of the associated regulatory structure. 4. QUALITY ASSURANCE MODEL AND PROGRAM The Task Force agreed that a Professional Technologist program would include a Quality Assurance Model including, but not limited to the following components: A peer review process for work A Practice/Review audit program; and Mandatory Continuing Professional Development. 5. JOINT BOARD MODEL FOR REGULATION OF A PROFESSIONAL TECHNOLOGIST PROGRAM The Task Force agreed that a Joint Board (or Boards) made up of ASTTBC and APEGBC members will be charged with developing and implementing policies for regulation of Professional Technologists. Exactly what form the Board or Boards will take was not concluded, although there was consensus that a Joint Board to oversee policy and policy implementation is key. The Task Force also agreed that there should be joint ASTTBC/APEGBC membership on the Professional Technologist Board of Examiners, Practice Review Board, and Investigation and Discipline Committees. It was noted that the Alberta Professional Technologist Joint Boards and Committees are composed of 50% ASET and 50% APEGGA Members, with one government appointee on each. 6. CONCEPT OF PROFESSIONAL LADDERING Generally, there is an understanding and acceptance within the Task Force of the concept of Professional Laddering; and that clear qualifications and processes should be developed to allow an individual to ladder to another membership level based on an acceptable level of progressive training and career work experience. Final March 21, 2011 Page 11 of 71

15 CLARITY OF ROLES AND RESPONSIBILITY The Task Force also agrees that all ASTTBC and APEGBC core grades and classifications of membership (i.e. C.Tech., AScT, P.Tech., Eng.L./Geo.L., P.Eng./P.Geo.) will have clearly defined roles and responsibilities with respect to providing engineering or geoscience services. 7. COMPLIANCE WITH LABOUR MOBILITY LEGISLATION The Task Force agrees that ASTTBC and APEGBC need to consider compliance issues with the three internal trade agreements currently in force: a. Trade, Investment and Labour Mobility Act (TILMA) Alberta and British Columbia b. New West Partnership Trade Agreement Saskatchewan, Alberta and British Columbia c. Agreement on Internal Trade (Cross Canada) These agreements are aimed at ensuring barrier free labour mobility i.e. professionals certified in one province or territory are required to be recognized as qualified in other provinces and territories as long as the receiving jurisdiction has a similar regulated profession. Individuals moving to a province that regulates from a province that does not, have to meet the requirements of the regulatory authority in order to obtain a license or certification to work in that province. Specific mobility issues with respect to the P.Tech designation are addressed in the Mobility discussion on Page 17. RECOMMENDATION 1 that the following tenets and key elements agreed to by the Task Force be adopted by the ASTTBC and APEGBC Councils in ongoing development of the Professional Technologist Program: i. Protection of the Public Interest and Public Safety is paramount; ii. iii. iv. Practitioners are recognized and take responsibility within their areas of competence; Reliance on the Code of Ethics for Practice and Regulation Quality Assurance Model and Program v. ASTTBC/APEGBC Joint Board Model for Regulation of the Program vi. vii. viii. Clarity of Roles and Responsibilities for each grade or classification of membership or licence specified in ASTTBC and APEGBC legislation Professional Laddering; and Compliance with Labour Mobility Legislation Final March 21, 2011 Page 12 of 71

16 DELIVERABLES 2 & 4 LEGISLATION AND GOVERNANCE PRINCIPLES In considering the legislative models, the Task Force considered expectations by stakeholders that any solution aimed at obtaining practice rights for qualified technologists in a fair and transparent manner: a. has benefit to the public b. must speak to public safety and accountability c. must be practical in its implementation d. must provide clarity of roles and responsibilities e. must consider compliance with the internal trade agreements f. must consider the disposition of the provincial government with respect to streamlining of legislation; and LEGISLATIVE MODELS The Task Force considered three options to enable Professional Technologist practice: 1. 1 act/1 association 2. 1 act/2 associations with joint P.Tech regulation 3. 2 acts/2 associations with joint P.Tech regulation 1 ACT/1 ASSOCIATION There was some discussion that there may be rationale to look at this model in the long term; but also general agreement that further discussion of this model is premature. 1 ACT/2 ASSOCIATIONS WITH JOINT BOARD REGULATION There was discussion that this may be the most practical model to implement. This is the Alberta model, where both organizations (APEGGA & ASET) continue to exist separately and Professional Technologist practice is regulated under a new joint Engineering and Geoscientific Professions Act; No Professional Technologist shall engage in the practice of Engineering except within the scope of practice specified by the Joint Board of Examiners. A similar model in BC would mean that: Page 13 of 71

17 Professional Technologist practice is jointly regulated under a renamed Engineering and Geoscientific Professions Act. APEGBC would continue to solely regulate Professional Engineering and Geoscience and ASTTBC would regulate their current members and respective designations. Joint boards comprised of equal representation from ASTTBC and APEGBC would be established for Professional Technologist regulation, registration and practice issues. Applicants for P.Tech are, at a minimum, registered as an AScT with ASTTBC. P.Tech s are members of ASTTBC Qualification to practice under a single act enhances clarity for Authorities Having Jurisdiction and allows both Associations to resolve and speak with one regulatory voice on any practice issues that may arise. 2 ACTS/2 ASSOCIATIONS WITH JOINT BOARD REGULATION This model is similar to the 1 Act/2 Associations Model with the exception that the BC ASTT Act and the Engineers & Geoscience Act both remain independent, and that the Professional Technologist s right to practice is conferred under the Engineers and Geoscientists Act. Regulation of Professional Technologist qualification and practice is accomplished via a Joint Board Model. Each respective act will require appropriate revisions to accommodate Professional Technologist regulation. Qualification to practice under the two act/joint regulations model can still allow both Associations to resolve and speak with one regulatory voice on any practice issues that may arise; however it must rely even more strongly on mechanisms, such as the Alberta Joint Councils Committee and Joint Professional Technologist Regulation Committee to maintain this focus. OTHER BRITISH COLUMBIA PROFESSIONS The Task Force considered recently implemented models for other professions in British Columbia specifically: the Forestry Professionals Act which incorporates all levels of Forestry practitioners under a single act; and Scope of Practice Reform for the Health Professions in British Columbia ( regulation/scopeofpracticereform.html) which introduces the concept of Scope of Practice statements that are the concise descriptions, in broad, non exclusive terms, of each regulated profession's activities and areas of professional practice but which do not exclude other regulated professions or unregulated persons from providing services that fall within a particular profession s scope of practice; These are coupled with Restricted Activities (formerly called reserved acts), which are a narrowly defined list of invasive, higher risk activities that must not be performed by any person in the course of providing health services; and Final March 21, 2011 Page 14 of 71

18 Health Professions Council Medical Practitioners Act Legislative Review Preliminary Report ( regulation/hpc/review/part ii/legsmedical.html) The main point from this document was that the Health Professions Council considered in 1998: whether designation of the profession of medicine under the Health Professions Act would be in the public interest or whether there are unique features of the profession, or other relevant factors, that justify a continuing need for a separate statute. The Health Professions Council had concluded that it was not in the public interest to justify the continuing need for a separate practice statute. GENERAL CONSENSUS The Task Force reached general consensus that any legislative solution should have the following attributes: a. Maintained separate identities for APEGBC and ASTTBC as they are currently defined in their respective Acts b. APEGBC regulates the practices of professional engineering and geoscieince c. APEGBC solely regulates professional engineers, professional geoscientists, licensees d. ASTTBC solely regulates Applied Science Technologists, Certified Engineering Technicians and existing special certifications e. Professional Technologist designation is jointly regulated; and f. Professional Technologists are members of ASTTBC RECOMMENDATION 2 that the legislative model for the regulation of Professional Technologists have the following primary attributes: a. benefit to the public b. speaks to public safety and accountability c. practical in its implementation d. has clarity of roles and responsibilities e. considers internal trade agreements f. considers government s goal of streamlining of legislation Final March 21, 2011 Page 15 of 71

19 RECOMMENDATION 3 that the legislative model for the regulation of Professional Technologists have the following additional attributes: a. separate identities maintained for APEGBC and ASTTBC, as they are currently defined in their respective Acts, i.e. i. APEGBC regulates the practices of professional engineering and geosciences ii. APEGBC solely regulates professional engineers, professional geoscientists and licensees iii. ASTTBC solely regulates Applied Science Technologists, Certified Engineering Technicians and existing special certifications b. The Professional Technologist designation is jointly regulated; and c. Professional Technologists are members of ASTTBC P.TECH. AND LIMITED LICENCE The Task Force spent a significant amount of time addressing the recurring theme of the concept of a separate P.Tech. designation versus incorporating the P.Tech. in the current Limited Licence (Eng.L. or Geo.L.) program. It observed that two designations are closely aligned with respect to education, training and experience requirements and that both award a limited scopes of practice to practice professional engineering or geoscience; and that this can result in public confusion and possible dilution of one or more of the membership or licence categories from the two organizations. The Task Force requested and attended a meeting with the Limited Licence Renewal Task Force to address this issue. The Limited Licence Renewal Task Force had considered this issue in its deliberations but had put it aside in order to complete its deliverables. It conveyed to the Task Force its opinion that the renewed Limited Licence structure could handle a P.Tech. type scope and that it had no objection to such an outcome. The Task Force considered this feedback and decided to proceed with considering a P.Tech. designation independent of the Limited LIcence program. At the completion of the Limited Licence Renewal and P.Tech. Task Forces work, it is anticipated that the APEGBC and ASTTBC Councils will consider each report s recommendations with respect of the other s and will develop a coordinated approach. Final March 21, 2011 Page 16 of 71

20 DELIVERABLE 3 P.TECH. QUALIFICATION AND SCOPE Charged with the task of making recommendations for a possible BC model for PTech implementation, the topic of scope of practice for P.Tech s became an important component of discussion. The Task Force agreed that APEGBC and ASTTBC should strive to create the best possible model applicable within the BC context, taking into consideration the Alberta model. In fact, the Task Force took the approach that it was striving to seek and identify a model that will serve British Columbia for a considerable period of time (10 years or more) and that, while mindful of the Alberta model, agreeing to explore and consider components to a model that advances the Alberta model to a more desirable outcome, again, within the BC context. As was common throughout the process, discussions of these best practices will be achieved on key elements including respect, trust and consideration. EDUCATION AND EXPERIENCE The P.Tech is considered a seasoned technologist with a broad base of technical competency in engineering technology. The education and experience requirements can be generally defined as an individual with the following qualifications: Must be registered as an Applied Science Technologist (AScT) with ASTTBC. An AScT is a certified member of ASTTBC who has met the required standards of registration and who practices in a Discipline approved by the Board of Examiners. The AScT holds a minimum of a recognized, accredited Canadian Diploma of Technology or equivalent and/or meets the National Technology Benchmark (NTB) Outcome Competency Standards. In addition, an AScT must have demonstrated the required completion of two years, accumulated, progressive, relevant work experience at the Technologist level in the Discipline of registration. Has a minimum of 6 years of significant and responsible work experience since registration as an AScT, that is applicable to the scope of practice and commensurate to the level of certification sought Required to submit references from current P.Eng. or PTech to attest to individual s competency. CURRENT RECOGNIZED APPLIED SCIENCE TECHNOLOGIST PRACTICE AScT s currently work in areas/disciplines of engineering technology and ASTTBC, as its regulatory body, has been regulating these practitioners since 1958, officially under provincial legislation since 1985 via the Applied Science Technologists & Technicians Act (ASTT Act). It was presented to the Task Force that ASTTBC does not currently place any restrictions on registered and certified Applied Science Technologists (AScT). These professionals are required to carry out only that work for which she or he is competent, referencing the ASTTBC Code of Ethics as a primary guide. Final March 21, 2011 Page 17 of 71

21 In addition, AScT s have been accepted under various forms of legislation / regulation / policies of government and regulatory bodies as qualified professionals or having QP status. The QP is defined as applied scientists or technologist. These areas include: Municipal Sewage Regulation Riparian Areas of Regulation Landfill Gas Management Regulation Electrical Regulation AScT s recognized towards acquiring FSR Oil and Gas Commission Policy (as Qualified Reclamation Specialist) Exemptions under the Land Surveyors Act for AScT and CTech individuals. In addition, ASTTBC regulates the following areas which have restricted practice: House Inspection Municipal Sewage Regulation granting licence to Registered Onsite Wastewater Practitioners. Fire Protection Technicians (Registered Fire Protection Technicians granted exclusive work under municipal bylaw where applicable) SCOPE OF PRACTICE OPTION CONSIDERATIONS The Task Force discussed four (4) different options for a scope of practice for P.Tech s. These appear in various combinations the following components: 1. Practice bar set to recognized standards and codes. 2. Code of Ethics to guide ethical conduct and practice 3. Practice Guidelines 4. Individualized Scopes The options below are listed in what was generally accepted as being ranked from least restrictive to most restrictive scope of practice. They are summarized as follows complete with resulting discussion points (where indicated). Option #1 Recognized Standards and Codes and within Code of Ethics This model is the current approach taken by ASTTBC in regulating AScT s. There is no requirement for an AScT to define a scope of practice. Ie/ There is no individualized scope of practice or practice that is bound by individually registered discipline. The model is consistent with current practices by ASTTBC for the AScT and APEGBC as applied for P.Eng and P.Geo. There will be a high expectation of an individual s compliance with the Code of Ethics to guide ethical conduct and practice within his or her competencies. Final March 21, 2011 Page 18 of 71

22 Resulting TF discussion points: Is the least restrictive scope option Fact is that individuals are practicing in areas of competency and expect that they are not deviating. Possible mismatch with Alberta P.Techs in terms of scope recognition for mobility purposes Likely never have enough practice guidelines to describe every area of practice. It may be possible for the individual to get registered by competency. Then as areas of competency are added, then a self declaration is made and filed with the regulatory body. Conversely, limitation of practice through restrictions, lifted upon demonstration of competency. Option #2 Recognized Standards and Codes, within Code of Ethics, Discipline and Field of Practice Specific This option still acknowledges that, having met the tests for professional certification, the P.Tech should be able and trusted to only carry out that work for which the P.Tech is competent within recognized standards and codes. Further, that the professional practice is bounded by the individual s specific discipline of registration. As such, the option places a greater constraint on the P.Tech than is in place for the AScT. Resulting TF discussion points: Realization by the TF that there are individuals practicing in areas of competency but may not be defined by the discipline. Ie/ individuals doing Fire Modeling what discipline are they? Difficult to compartmentalize. Reliance on individual s knowledge and best practice within discipline. A boundary is set. Laddering needs to form part of process. Option #3 Recognized Standards and Codes, Code of Ethics and Practice Guides This option would apply a general guide for various areas of practice within a specific discipline. This approach is not inconsistent with the current approach ASTTBC has taken. However, Practice Guides to Professional Practice are intended (as adopted by ASTTBC Council) to outline an area of practice for the AScT when practicing in the area covered by the guide. Guides are in place for such areas as Electrical and Mechanical Technology Design in Buildings and Biomedical Engineering Technology. Resulting TF discussion points: Laddering needs to form part of the process. Preference by some members that there be no limiting to a practice guideline. Final March 21, 2011 Page 19 of 71

23 Preference again by others that person needs to prove competency and self declare. Option #4 Recognized Standards and Codes, Code of Ethics and Individualized Scope Requires each applicant to submit a proposed scope of practice specific to the members education and experience. This is the most restrictive and will most likely be the most challenging to administer and to communicate to external parties. Resulting TF discussion points: Most restrictive option with respect to scope of practice. Heavy demand on administration and resources. Scopes may be fairly general in nature. Concluding Scope Definition Remarks During this process, and specific to scope, areas of deliberation for the Task Force included a discussion of the implications of a broad based scope of practice for P.Tech s, the concept of initial entry versus graduated practice, and the need to initially set the bar high. Each option was deliberated and discussions resulted in a consensus on a scope model with the underlying ideals that the individual is expected to practice within prescriptive components of established codes and standards, abide by the governing Code of Ethics and practice within one s competency. CONSENSUS ON SCOPE MODEL The Task Force reached consensus but not unanimity that Option #2: Recognized Standards and Codes, within Code of Ethics, Discipline and Field of Practice Specific is the preferred model, both from the point of view of administration, and clarity to the public of the field of expertise of the Professional Technologist. It recognized that further work and consultation on scope breadth and structure is required. Features of Option #2 are: i. Qualification is AScT plus 6 years of significant and responsible experience in Field of Practice, supported by Professional Engineer or Professional Geoscience References ii. iii. iv. Broad Based Scope with specified Discipline and Field of Practice (i.e. area of expertise or subset of the discipline), e.g. Municipal Infrastructure A standardized list of Fields of Practice is developed Applicant is evaluated in accordance with ability and competency to practice in the broad Field of Practice. If applicant is not competent to practice in a broad field of practice, i.e there is a significant gap in competency, they are considered to be ineligible for the Professional Technologist designation until the competencies have been met v. No Limitations of Exclusions other than field of practice vi. Practice within competencies, abiding by prescriptive components of recognized codes and standards, and in compliance with the Code of Ethics vii. If Field of Practice changes or expands, practitioner must apply for a change of scope. Final March 21, 2011 Page 20 of 71

24 RECOMMENDATION 4 that a Scope Model for Professional Technologist be studied further and consider the following attributes: i. Qualification is registration with ASTTBC as an AScT plus 6 years of significant and responsible experience in their Field of Practice, supported by Professional Engineer or Professional Geoscience References ii. iii. iv. Broad Based Scope with specified Discipline and Field of Practice (i.e. area of expertise or subset of the discipline), e.g. Mechanical Systems, Municipal Infrastructure, Fire Modeling A standardized list of Fields of Practice is developed Applicant is evaluated in accordance with ability and competency to practice in the broad Field of Practice. If applicant is not competent to practice in a broad field of practice, i.e there is a significant gap in competency, they are considered to be ineligible for the Professional Technologist designation until the competencies have been met v. No Limitations or Exclusions other than field of practice vi. vii. Practice within competencies, abiding by prescriptive components of recognized codes and standards, and in compliance with the Code of Ethics; and If Field of Practice changes or expands, practitioner must apply for a change of scope. MOBILITY CONSIDERATIONS The Task Force considered issues surrounding the mobility of the P.Tech credential both inbound and outbound to BC and the rest of Canada. Specifically, the Task Force identified that there are two main mobility agreements currently in force in Canada. These include the Agreement on Internal Trade (AIT) and the New West Partnership Agreement (NWPTA), the latter of which supersedes the Alberta British Columbia Trade Investment and Labour Mobility Act (TILMA). Coming into force in 1995, the AIT is an intergovernmental agreement signed by Canadian First Ministers. The purpose of the agreement is to foster improved interprovincial trade by addressing obstacles to the free movement of persons, goods, services and investments in Canada. (2011. Introduction. aci.ca/index_en.htm) Similarly, in 2010, the NWPTA is an accord between the Governments of British Columbia, Alberta and Saskatchewan that creates Canada s largest, barrier free, interprovincial market. (2010. The NWPTA The Agreement. With this said, the primary area of comparison with respect to this topic was to review credential portability with Alberta given the Terms of Reference. Documents included in the report appendices will serve to outline other legislative models for comparative purposes respective of Page 21 of 71

25 the Professional Technologist or similar type designation (ie/ Licenced Engineering Technologist Ontario, etc.). Generally speaking, labour mobility provisions allow certified (or licenced) workers to practice their occupation in like regulated jurisdictions without being subject to additional material training or examination processes to prove competency. Simply put, if an individual in a regulated occupation is registered in one jurisdiction and wishes to transfer to another jurisdiction, they will enjoy the portability of their credentials. Regulatory agencies in the respective province of transfer will issue equivalent designation(s). The Task Force found that the rules associated with these mobility agreements had an effect on the determination of a suitable scope of practice for the P.Tech. Specifically, when comparing Alberta s scope determination to a possible P.Tech scope of practice in BC (as mentioned in Scope of Practice Options Discussion Option #1 to #4), it was realized that further work must be done to examine the implications of broad based scopes of practice compared to individualized scopes. In order to ensure transferees are enabled within their ability to practice, scopes of practice may need to be harmonized province to province. Likewise, a competency assurance model could form part of the requirements for qualification of the PTech which may then be subject to transferees as well such is the case with ASTTBC Registered Onsite Wastewater Practitioners. FUTURE WORK AND CONSULTATION From the its first meeting on January 13, 2011, the Task Force recognized that its timeline was aggressive and that, given the significant amount of discussion and consultation required, it would likely not be able to present the Councils with a definitive model for Professional Technologist by its deadline of March 31, It reached consensus on features, tenets and principles for developing a legislative and qualification model. These are articulated in Recommendations 1 through 4. However, its deliverables have not been completed in that it has not been able to reach consensus on a distinct legislative model (1Act/1A, 1Act/2A, 2Act/2A) or a breadth of defined terms (e.g. prescriptive codes and standards) for Professional Technologist scopes of practice. In addition, time also did not permit it to engage in the breadth and depth of consultation needed with affected stakeholders, including ASTTBC and APGBC members, employers, government, and Authorities Having Jurisdiction. Therefore, the Task Force recommends that the work continue based on the principles it has recommended and that the two Associations continue to work together to define the desired scope of practice and legislative model for the Professional Technologist designation. And, in keeping with the points of consensus, compliance with inter provincial mobility agreements will be need to be considered when determining these scopes. It also recognizes that the road ahead may be fraught difficulties similar to those experienced by APEGGA and ASET; and that their experience has offered not only a platform but also lessons learned towards the development of an improved model. Final March 21, 2011 Page 22 of 71

26 RECOMMENDATION 5 that the development work continue based on the principles, tenets and features in Recommendations 1 through 4; and that the two Associations continue to work together to define the desired scope of practice and legislative model for the Professional Technologist designation. RECOMMENDATION 6 that, in the spirit of collaboration, the Associations agree that information, announcements and releases to the membership, government and the public be on a collaborative basis speaking with one voice. RECOMMENDATION 7 that the members, employers of APEGBC and ASTTBC members, Authorities Having Jurisdiction and other members of the public be consulted directly, prior to making a final determination on the P.Tech. designation. Final March 21, 2011 Page 23 of 71

27 SUPPORTING INFORMATION INCLUDED IN THE APPENDICES Appendix A ASTTBC/APEGBC P.Tech. Task Force Terms of Reference Appendix B Responses to Information Release Appendix C Alberta Professional Technologist Legislation Appendix D Terms of Reference ASET/APEGGA Joint Board of Examiners Appendix E Environmental Scan of Legislation across Canada Appendix E Building a Mutually Beneficial Solution: Options for a Way Forward OTHER SUPPORTING INFORMATION Available on Request ASTTBC Act and Regulations APEGBC Act and Bylaws Engineering, Geological and Geophysical Professions Act of Alberta (complete) Final March 21, 2011 Page 24 of 71

28 APPENDICES APPENDIX A ASTTBC/APEGBC P.TECH. TASK FORCE TERMS OF REFERENCE TERMS OF REFERENCE (FINAL October 25, 2010) Name: ASTTBC/ APEGBC P.Tech Task Force Type: Advisory Task Force reporting to ASTTBC and APEGBC Councils Purpose: To advise the ASTTBC and APEGBC Councils on the implementation of the designation P.Tech in BC taking into account the Alberta model Function/Deliverables: 1) Review Alberta legislation, implementation process and status 2) Review APEGBC/ASTTBC legislation to determine process compatible with current legislation 3) Develop outline of BC model 4) Recommended revisions to APEGBC/ASTTBC legislation if required based on the model 5) Make recommendations to APEGBC/ASTTBC Councils Authority/Budget: $10,000 for meals, travel and facilitator, if needed. Membership: Accountability: Term of Office: Seven appointees, with one councillor and two members appointed by each Association and one lay person or member of either association appointed by agreement of the Councils who will serve as Chair. The Task Force may also call upon subject matter experts or technologists who belong to neither association for input and advice. The Task Force members are appointed by their respective Councils and the Task Force reports to both Councils. Appointments will endure until recommendations have been submitted. Selection of Officers: The Chair will be appointed by agreement of the Councils. Final March 21, 2011 Page 25 of 71

29 Quorum: 50% Frequency of Meetings: Meetings at the call of the Chair. Timeline: Approval of TOR-October, 2010 Recommendations to the two Councils March 2011 Conduct of Meetings: The Task Force may meet in person and/or by telephone conference, webcast or other electronic communications media where all members may simultaneously hear each other and participate during the meeting. The Task Force may also meet by fax, or other electronic media where communication may not be simultaneous, provided all members of the Task Force have access to the medium chosen and all communication to and from one member is broadcast to all other members of the Task Force. Staff Support : Minutes: The Task Force will be supported by the Directors of Registration from each Association. Minutes and other related administrative duties are the responsibility of the APEGBC senior staff member. APPROVED BY APEGBC COUNCIL, December 17, 2010 (CO 11 22) Final March 21, 2011 Page 26 of 71

30 Appendix B Responses To Information Release Final March 21, 2011 Page 27 of 71

31 Final March 21, 2011 Page 28 of 71

32 From: GREG AND JAMES BALCHIN Sent: Thursday, January 13, :08 PM To: Derek Doyle Subject: PTech The development of the "PTech" designation seems to imply that there is no difference between an AScT and CTech certification.i have worked with two employers now who use the AScT designation as a requirement in there job descriptions, but they almost exclusively hire tradesmen who have " equivalent background work experience" instead.it seems that there is a grey area in the use of our designations and certifications by employers in there job descriptions. The certification process should be revised to protect us from this type of misuse.blurring the lines between Technician and Technologist designations is placing us on the same slippery slope that APEG wishes to avoid. Yours sincerely, Greg Balchin AScT From: Derek Doyle Sent: Thursday, January 13, :29 AM To: Colwyn Sunderland Cc: X (ASTTBC) John Leech Subject: RE: PTech task force Thank you for the encouragement. We will share the comment with the task force. In my personal experience of regulating in many fields of endeavor, I have found it far more productive to define the skills and competencies required to do the task safely than to attempt to define boundaries. The former stays clear of turf. The latter requires perpetual reinterpretation and debate! Again thank you for the encouragement Derek Doyle, P.Eng., MBA Chief Executive Officer and Registrar Association of Professional Engineers & Geoscientists of BC Direct: / Toll Free: ext Fax: From: Colwyn Sunderland [mailto:csunderland@crd.bc.ca] Sent: Thursday, January 13, :41 AM To: X (ASTTBC) John Leech; Derek Doyle Subject: PTech task force John and Derek, I just received today s joint information release on the Limited License and PTech task forces. I have been following the development of the PTech designation in particular with interest, and am encouraged that the two associations will be working together to develop recommendations to your respective Councils. In my experience working alongside engineers and other technologists and technicians in government, manufacturing and consulting, and in leadership of the British Columbia Water and Waste Association, I can see many ways in which a well defined and agreed scope of professional practice for technologists and technicians would add significant value for employers and the public. This can only be achieved if engineers and technologists and our respective associations can agree on reasonable boundaries, supported by legislation and clear guidelines. Let me know if there is anything I can do to support the work of the joint task force. Regards, Colwyn Sunderland, AScT Local Services Engineering Coordinator Infrastructure Engineering Division Integrated Water Services Department Capital Regional District Page 29 of 71

33 APPENDIX C ALBERTA PROFESSIONAL TECHNOLOGIST LEGISLATION ENGINEERING, GEOLOGICAL AND GEOPHYSICAL PROFESSIONS ACT OF ALBERTA Draft 1 March 14, 2011 Division 3 Professional Technologists Scope of practice 89.3 No professional technologist shall engage in the practice of engineering, geology or geophysics except within the scope of practice specified by the Joint Board of Examiners c13 s14 Use of title 89.4(1) No individual, corporation, partnership or other entity, except a professional technologist, shall use (a) the title professional technologist, the abbreviation P. Tech or any other abbreviation of that title, (b) the title professional technologist (engineering), the abbreviation P. Tech (eng) or any other abbreviation of that title, (c) the title professional technologist (geological), the abbreviation P. Tech (geol) or any other abbreviation of that title, or (d) the title professional technologist (geophysical), the abbreviation P. Tech (geoph) or any other abbreviation of that title. (2) No individual, corporation, partnership or other entity, except a professional technologist, shall represent or hold out, expressly or by implication, that the person is a professional technologist c13 s14 Stamp or seal 89.5(1) No individual, corporation, partnership or other entity, except a professional technologist (engineering), shall affix the stamp or seal of a professional technologist (engineering) or allow that stamp or seal to be affixed to a plan, drawing, detail drawing, specification or other document or a reproduction of any of them unless (a) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the supervision and control of, and (b) the stamp or seal is affixed with the knowledge and consent or in accordance with the direction of the professional technologist (engineering) to whom the stamp or seal was issued. (2) Notwithstanding subsection (1), a professional technologist (engineering) may affix a stamp or seal to a plan, drawing, detail drawing, specification, other document or reproduction prepared by other persons if the professional technologist (engineering) completes a thorough review of and accepts professional responsibility for that plan, drawing, detail drawing, specification, other document or reproduction. (3) No individual, corporation, partnership or other entity, except a professional technologist (geological) or professional technologist (geophysical) entitled to engage in the practice of geology or geophysics, as the case may be, shall affix the stamp or seal of a professional technologist (geological) or professional technologist (geophysical) or allow that stamp or seal to be affixed to a map, geological cross-section, specification, report or other document or a reproduction of any of them unless Page 30 of 71

34 (a) that map, geological cross-section, specification, report, other document or reproduction was prepared by or under the supervision and control of, and (b) the stamp or seal is affixed with the knowledge and consent or in accordance with the direction of the professional technologist (geological) or professional technologist (geophysical) to whom the stamp or seal was issued. (4) Notwithstanding subsection (3), a professional technologist (geological) or professional technologist (geophysical) may affix a stamp or seal to a map, geological cross-section, specification, report, other document or reproduction prepared by other persons if the professional technologist (geological) or professional technologist (geophysical) completes a thorough review of and accepts professional responsibility for that map, geological cross-section, specification, report, other document or reproduction c13 s14 Non-application of provisions to professional technologists 89.6 Sections 2(1), 3(1)(b)(i), 5(1), 6(1)(b)(i), 7(1) and 8(1)(b)(i) do not apply to a professional technologist engaged in the practice of engineering, geology or geophysics within the scope of practice specified by the Joint Board of Examiners c13 s14 Register for professional technologists 90(1) The ASET Registrar shall maintain, in accordance with the professional technologist regulations, a register for professional technologists. (2) The ASET Registrar shall enter in the register the name of a person who has paid the fee prescribed by ASET bylaws and whose registration to engage in the practice of engineering, geology or geophysics as a professional technologist has been approved by the Joint Board of Examiners c13 s14 Registration as professional technologist and scope of practice 90.1(1) The Joint Board of Examiners shall approve for registration as a professional technologist an individual who is eligible in accordance with this Act and the professional technologist regulations to engage in the practice of engineering, geology or geophysics within the scope of practice specified by the Joint Board of Examiners. (2) When the Joint Board of Examiners specifies the scope of practice for a professional technologist, it must specify a scope of practice that is the routine application of industry recognized codes, standards, procedures and practices using established engineering or applied science principles and methods of problem solving. (3) For the purposes of subsection (2), the Joint Board of Examiners may (a) define or describe routine application ; (b) define or describe industry recognized ; (c) specify or describe the codes, standards, procedures and practices applicable; (d) define or describe all or any of the following terms: engineering or applied science principles and methods of problem solving c13 s14 Evidence of registration 90.2 On entering the name of a professional technologist in the register, the ASET Registrar shall issue to that individual Draft 1 March 14, 2011 Page 31 of 71

35 (a) a certificate of registration to engage in the practice of engineering, geology or geophysics, as the case requires, within the scope of practice specified by the Joint Board of Examiners, and (b) a stamp or seal engraved as prescribed in the professional technologist regulations c13 s14 Joint Board of Examiners to consider applications 90.3(1) The Joint Board of Examiners shall consider applications for the registration of applicants as professional technologists in accordance with this Act and the professional technologist regulations and may (a) approve the registration, (b) refuse the registration, or (c) defer the approval of registration until it is satisfied that the applicant has complied with a requirement made under this section. (2) The Joint Board of Examiners may, in its discretion, require an applicant for registration (a) to pass one or more examinations set by the Joint Board of Examiners, (b) to obtain more experience of a kind satisfactory to the Joint Board of Examiners for a period set by the Joint Board of Examiners, or (c) to pass one or more examinations and obtain more experience before it approves the registration c13 s14 Registration of ASET permit holders 90.4(1) ASET Council shall approve the registration as an ASET permit holder of a partnership or other association of persons, or of a corporation incorporated or registered under the Companies Act or continued, incorporated or registered under the Business Corporations Act, that has applied to ASET Council and is eligible under this section and the professional technologist regulations to become registered to engage in the practice of engineering, geology or geophysics as an ASET permit holder within the scope of practice of those professional technologists who are responsible for the practice of the ASET permit holder. (2) A partnership or other association of persons or a corporation that applies to ASET Council is eligible to become registered as an ASET permit holder under subsection (1) if it satisfies ASET Council that it complies with this Act and the professional technologist regulations c13 s14 Annual certificate 90.5(1) A professional technologist or ASET permit holder engaged in the practice of engineering, geology or geophysics shall pay to ASET the annual fee prescribed under ASET bylaws. (2) The ASET Registrar shall issue an annual certificate in accordance with ASET bylaws to a professional technologist (a) whose registration is not under suspension, and (b) who has paid the annual fee. (3) Subject to this Act, an annual certificate entitles the professional technologist or ASET permit holder to engage in the practice of engineering, geology or geophysics, as the case may be, during the year for which the annual certificate is issued within the scope of practice of the professional technologist or ASET permit holder c13 s14 Draft 1 March 14, 2011 Page 32 of 71

36 Entries in registers 90.6(1) The registration of a professional technologist or ASET permit holder is suspended when the decision to suspend the registration is made in accordance with this Act. (2) The ASET Registrar shall enter a memorandum of suspension of a registration in the appropriate register indicating (a) the duration of the suspension, and (b) the reason for the suspension. (3) The registration of a professional technologist or ASET permit holder is cancelled when the decision to cancel the registration is made in accordance with this Act. (4) The ASET Registrar shall enter a memorandum of cancellation of a registration in the appropriate register. (5) The ASET Registrar shall not remove from the register any memorandum made by the ASET Registrar under this section except in accordance with the professional technologist regulations. (6) The ASET Registrar shall provide the Registrar with access to the registers established for professional technologists c13 s14 List of registrants open to the public 91 The ASET Registrar shall maintain and, during regular office hours, permit any person to inspect a list of all the professional technologists and ASET permit holders in good standing c13 s14 Cancellation on request 91.1(1) The ASET Registrar shall not cancel the registration of a professional technologist or ASET permit holder at that person s request unless the request for cancellation has been approved by ASET Council. (2) When a request for cancellation of a registration is approved by ASET Council, (a) the ASET Registrar shall cancel that registration, and (b) the professional technologist or ASET permit holder requesting the cancellation shall, on being notified of the approval, (i) immediately surrender to the ASET Registrar (A) the certificate of registration, annual certificate and stamp or seal, in the case of a professional technologist, or (B) the permit and annual certificate, in the case of an ASET permit holder, and (ii) cease using the permit number, in the case of an ASET permit holder. (3) ASET Council may direct the ASET Registrar to reinstate in the applicable register a registration that was cancelled under this section, subject to any conditions that ASET Council may prescribe, and to reissue the certificate of registration, annual certificate or permit and the stamp, seal or permit number. (4) Notwithstanding subsection (3), if a person whose registration is cancelled applies to be reinstated more than 7 years after the date of the cancellation, the application for reinstatement must be referred to the Joint Board of Examiners c13 s14 Draft 1 March 14, 2011 Page 33 of 71

37 Review by the Joint Appeal Board 91.2(1) The Joint Board of Examiners shall send a written notice of any decision made by it under this Part to the applicant. (2) If the decision made by the Joint Board of Examiners is to refuse or defer registration of the applicant, reasons for the decision shall be sent in writing to the applicant. (3) If the decision made by the Joint Board of Examiners is to approve the registration, the ASET Registrar shall publish a notice of approval in accordance with ASET bylaws. (4) An applicant whose application for registration has been refused by the Joint Board of Examiners may, within 30 days after receiving a notice of refusal and the reasons for refusal, appeal the decision to the Joint Appeal Board by serving a notice of appeal on the ASET Registrar. (5) On receiving a notice of appeal, the ASET Registrar shall set a date, time and place for the hearing of the appeal and notify the appellant, in writing, of the date, time and place. (6) The appellant may appear with counsel and make representations to the Joint Appeal Board. (7) On concluding the hearing, the Joint Appeal Board may make any decision the Joint Board of Examiners was authorized to make c13 s14 Cancellation 91.3(1) ASET Council may direct the ASET Registrar to cancel the registration of (a) a professional technologist or ASET permit holder who is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or (b) an ASET permit holder if it no longer has employees in compliance with the professional technologist regulations, after the expiration of 30 days following the service on the professional technologist or ASET permit holder of a written notice by ASET Council pursuant to subsection (2), unless the professional technologist or ASET permit holder on whom the notice is served complies with the notice. (2) The notice under subsection (1) shall state that the ASET Registrar may cancel the registration unless (a) the fees, dues or levies are paid as indicated in that notice, or (b) evidence satisfactory to ASET Council has been received by it within the time prescribed in the notice indicating that the ASET permit holder has employees in compliance with the professional technologist regulations. (3) ASET Council may direct the ASET Registrar to cancel the registration of a professional technologist or ASET permit holder that was entered in error in the register. (4) If the registration of a professional technologist has been cancelled under this section, the professional technologist shall forthwith surrender to the ASET Registrar any certificate of registration, annual certificate and stamp or seal issued to the professional technologist. (5) If the registration of an ASET permit holder has been cancelled under this section, the ASET permit holder shall immediately surrender the permit to the ASET Registrar and cease to use the permit number issued to that ASET permit holder. (6) If a registration has been cancelled pursuant to subsection (1), ASET Council may direct the ASET Registrar, subject to any conditions that ASET Council may prescribe, to reinstate that registration in the applicable register and to reissue the certificate of registration, annual certificate or permit and the stamp, seal or permit number. Draft 1 March 14, 2011 Page 34 of 71

38 (7) Notwithstanding subsection (6), if a person whose registration is cancelled applies to be reinstated more than 7 years after the date of the cancellation, the application for reinstatement must be referred to the Joint Board of Examiners c13 s14 Application of disciplinary provisions 91.4(1) Part 5, except sections 45 and 46, applies to professional technologists, subject to the following changes: (a) professional member means a professional technologist; (b) practice of the profession means the practice of a professional technologist; (c) Registrar means the ASET Registrar; (d) (e) the regulations means the professional technologist regulations and ASET regulations; Investigative Committee means the Joint Investigative Committee; (f) Discipline Committee means the Joint Discipline Committee; (g) Appeal Board means the Joint Appeal Board; (h) bylaws means the professional technologist regulations and ASET bylaws; (i) Council means the JPT Regulations Committee; (j) investigation panel means an investigation panel established by the Joint Investigative Committee under section 47; (k) (l) Association means ASET; Practice Review Board means the Joint Practice Review Board. (2) If the registration of a professional technologist has been cancelled under Part 5, the registration shall not be reinstated unless the Joint Board of Examiners approves c13 s14 Use of stamps, seals and permit numbers 91.5(1) A professional technologist shall, in accordance with the professional technologist regulations, (a) sign documents or records, and (b) stamp or seal documents or records. (2) An ASET permit holder shall affix its permit number on documents or records in accordance with the professional technologist regulations c13 s14 Exemption from municipal licence 91.6 No municipality has the power to require any professional technologist or ASET permit holder to obtain a licence from the municipality to engage in the practice of engineering, the practice of geology or the practice of geophysics c13 s14 Liability to others 92(1) The relationship between an ASET permit holder engaged in the practice of engineering, geology or geophysics and a person receiving the professional services of the ASET permit holder is subject to this Act, the professional technologist regulations and any other law applicable to the relationship between a professional technologist and a client. Draft 1 March 14, 2011 Page 35 of 71

39 (2) The relationship of a professional technologist to an ASET permit holder, whether as member, shareholder or employee of the ASET permit holder, does not affect, modify or diminish the application of this Act or the professional technologist regulations (a) to the professional technologist personally as a professional technologist, or (b) to the relationship between the professional technologist and the professional technologist s client. Draft 1 March 14, 2011 Page 36 of 71

40 PROFESSIONAL TECHNOLOGISTS REGULATION Page 37 of 71 Draft 1 March 14, 2011

41 Draft 1 March 14, 2011 Page 38 of 71

42 Draft 1 March 14, 2011 Page 39 of 71

43 Draft 1 March 14, 2011 Page 40 of 71

44 Draft 1 March 14, 2011 Page 41 of 71

45 Draft 1 March 14, 2011 Page 42 of 71

46 Draft 1 March 14, 2011 Page 43 of 71

47 Draft 1 March 14, 2011 Page 44 of 71

48 Draft 1 March 14, 2011 Page 45 of 71

49 Draft 1 March 14, 2011 Page 46 of 71

50 Draft 1 March 14, 2011 Page 47 of 71

51 Draft 1 March 14, 2011 Page 48 of 71

52 APPENDIX D ASET/APEGGA JOINT BOARD OF EXAMINERS TERMS OF REFERENCE Responsibility GOVERNMENT OF ALBERTA TERMS OF REFERENCE Department Registration Effective Date December 22, 2010 ASET/APEGGA JOINT BOARD OF EXAMINERS PURPOSE To review and evaluate the qualifications of Professional Technologist (Eng.), Professional Technologist (Geol.), Professional Technologist (Geoph.), applicants for registration with the Association of Science and Engineering Technology Professionals of Alberta (ASET) pursuant to Part 8 of the amended EGGP Act and Part 1 of the Professional Technologists Regulation. STRUCTURE 1. Chair and Vice Chair a) Eligibility - the Chair and Vice Chair shall be selected from the Joint Board of Examiners membership. b) Approval - ASET and APEGGA Councils. c) Tenure - term of office shall be one year with the possibility of reappointment. d) Alternating associations - the Chair and Vice Chair shall not be from the same Association; the Chair and Vice Chair positions shall annually rotate between ASET and APEGGA Joint Board members; the Vice Chair shall become Chair the following year. 2. ASET members a) Eligibility Must be Professional Technologist (Eng.), Professional Technologist (Geol.), Professional Technologist (Geoph.), or a Professional Licensee (Eng.) member of ASET in good standing. b) Approval ASET Council. c) Tenure Term of office shall be three years with a possibility of reappointment. 3. APEGGA members a) Eligibility Must be a registered professional member of APEGGA in good standing. b) Approval APEGGA Council. c) Tenure Term of office shall be three years with a possibility of reappointment. 4. Public member Draft 1 March 14, 2011 Page 49 of 71

53 A public member shall be appointed by the Minister, from one or more nominees of the Joint Councils Committee, for a term determined by the Minister. 5. Meetings The Joint Board shall meet as is necessary to rule on applications for registration, and to consider matters of policy, significant changes in procedure, examination results and any matters referred to it by any member of the Joint Board of Examiners or the Joint Councils Committee, but shall meet at least once every six months. 6. Quorum A quorum shall consist of a majority of the Joint Board members. 7. Committee Size The Joint Board will consist of at least thirteen members, including one public member. The Board must be composed of an equal number of appointees from ASET and APEGGA councils. 8. Public Interest Each member of the Joint Board must act solely in the interest of the public and for the safety of the public. 9. Financial Funding will be provided as needed from ASET s operating budget. 10. Administrative Support Administrative support will be provided by ASET. 11. Reporting The minutes and activities of the Board will be reported to the ASET and APEGGA Registrars. 12. Review The Board will annually review its Terms of Reference. DUTIES AND RESPONSIBILITIES DETAILS OF DUTIES 1. The Board will review the qualifications of individuals who apply for registration as Professional Technologists and shall approve for registration as Professional Technologists individuals who are eligible in accordance with the Act and the Professional Technologist Regulations to engage in the practice of engineering, geology, or geophysics within a scope of practice specified by the Joint Board of Examiners. 2. In reviewing applications the Board, in accordance with the Act, may: a) approve an applicant for registration, b) refuse an applicant for registration, or Draft 1 March 14, 2011 Page 50 of 71

54 c) defer the approval of registration until it is satisfied that the applicant has complied the requirements of the Board. 3. The Board may, in its discretion, require an applicant to: a) pass one or more exams, b) obtain more experience of a satisfactory kind, or c) pass one or more examinations and obtain more experience before it approves the registration. 4. If the Board approves an individual for registration as a Professional Technologist, the Board must specify a scope of practice for that individual that is the routine application of industry recognized codes, standards, procedures and practices using established engineering or applied science principles and methods of problem solving. In specifying the scope of practice the Board may: a) define or describe routine application, b) define or describe industry recognized, c) specify or describe the codes, standards, procedures, and practices applicable, d) define or describe all or any of the following terms: engineering or applied science principles and methods of problem solving 5. In addition to considering applications for registration as a Professional Technologist, the Board shall meet as necessary to consider matters of policy, significant changes in procedure, examination results and any matters referred to it by any member of the Board or the Joint Councils Committee. 6. The Board has the power to consult with any persons or organizations in order to properly assess the academic and experience qualifications of applicants. 7. The Board will provide and maintain an effective examination in professional practice including knowledge of the Act and the Regulations under the Act, and general knowledge related to the proposed scope of practice of engineering, geology or geophysics. 8. The Board will develop and follow effective administrative processes and policies. 9. The Board will develop, and modify as necessary, the application forms and documentation to be used by individuals applying for registration as Professional Technologists. Amended: January 12, 2011 Draft 1 March 14, 2011 Page 51 of 71

55 APPENDIX E CROSS CANADA LEGISLATIVE SCAN Limited Licence and Technologist Practice Legislation Cross Canada Scan December 28, 2010 Name of Licence(s) Yukon British Columbia Limited LIcence Limited Licence Professional Licensee Professional Technologist (members of The Association of Science and Engineering Technology Professionals of Alberta (ASET); will be jointly regulated by APEGGA and ASET and will have their admission qualifications evaluated by the APEGGA/ASET Joint Board of Examiners) Alberta Saskatchewan Manitoba Ontario (Eng) Limited Member "specified scope of Limited Licence/ practice licence"; Limited Engineering («permis d'exercice Licensee/titulaire de limité») permis restreint (In Act but not d ingénieur implemented No Requirements in Bylaws) Licensed Engineering Technologist/ technologue en ingénierie titulaire de permis (Act: October 25, 2010; Regulations under development)) Ontario (Geo) Limited Member/ Limited Certificate of Registration Designation(s) L.L.(Eng) Eng.L,, Geo.L. P.Lic. P.Tech. Limited Member (Engineering) Limited Member (Geoscience) tbd LEL/PRI LET/TITP P.Geo. (Limited) or "G.P. (membre restreint)" Page 52 of 71

56 Legislation Yukon British Columbia Alberta Saskatchewan Manitoba Ontario (Eng) Engineering Engineering and Profession Act& Geoscientific Regulations (by Professions Act Council) Act 10(1) Council may pass, alter and amend bylaws for: the establishment and monitoring of compliance with standards of training and experience required for licensees, and the enrolment and qualifications for a limited licensee, including limited licences for applied science technologists; Bylaw 11(g) sets out requirements Professional Licensee Engineering and G eoscientific Professions Act Part 7, P.Tech. Engineering and G eoscientific Professions Act Part 8, Division 3 Professional Technologist Regulation f/proftechregulati ons2010.pdf Engineering and Geoscience Professions Regulatory Bylaws under any terms and conditions that the Council may determine Limited LIcence Professional Engineers Act & Regulation 941, Amended to O. Reg. 692/00, Section 45 and 46 Licensed Engineering Technologist Professional Engineers Act 7.1 Council may make regulations respecting the establishment of an engineering technologist class of limited licence, including prescribing requirements and qualifications for the issuance of an engineering technologist class of limited licence and terms and conditions that shall apply to the engineering technologist class of limited licence Ontario (Geo) Professional Geoscientists Act & Regulations Page 53 of 71 Draft 1 March 14, 2011

57 Independent Practice? Yukon British Columbia Alberta Saskatchewan Manitoba Ontario (Eng) Yes within scope of licence Yes within scope of licence Professional Licensee Yes within scope of licence if sole practitioner, needs Permit to Practice P.Tech. Yes within scope of licence if sole practitioner, needs Permit to Practice Yes within scope of licence if sole practitioner, needs Permit to Practice? Limited Licence No limited licence applicants must be employees of a company. If the employer wishes to offer engineering services to the public, the employer must be a Certificate of Authorization holder (i.e. have at least one Ontario licensed P.Eng. on staff ). Licensed Engineering Technologist Proposed Regulation: Yes, within scope of licence needs but must also work under a Certificate of Authorization (CofA): Ontario (Geo) No the holder must (a) provide only those services specified in the certificate; (b) not provide services except as an employee of the employer named in the certificate; (c) notify the Registrar immediately if he or she ceases to be employed by the named employer and return his or her certificate and the seal issued to him or her; (d) be supervised by a practising member or temporary member; (e) not issue a final drawing, specification, plan, report or other document unless the supervising practising member or temporary member has signed and dated it and affixed his or her seal to it Page 54 of 71 Draft 1 March 14, 2011

58 Scope Yukon Regulation 20(a) practise engineering in the Yukon Territory only within the specific area of practice described in the limited license, British Columbia permits a person to practise professional engineering or professional geoscience within the scope specified in the limited licence Professional Licensee the right to independently practice engineering, geology or geophysics within a defined individualized scope of practice as specified by the APEGGA Board of Examiners. Alberta Saskatchewan Manitoba Ontario (Eng) P.Tech. specified scope of means the certificate Limited Licence the right to practice that is the issued under the seal Practice of independently routine application of of the association to professional practice engineering, industry recognized a natural person engineering geology or codes, standards, certifying that the within: geophysics within a scope of practice that procedures and holder has been definition of is the routine practices using licensed to practice limitation statement application of industry established professional recognized codes, engineering or applied engineering or standards, science principles and professional procedures and methods of problem geoscience within practices using solving as specified by the scope, and established the ASET/APEGGA subject to the engineering or Joint Board of restrictions, specified applied science principles and Examiners. in the specified methods of problem scope of practice solving as specified by the APEGGA/ASET Joint Board of Examiners. Licensed Engineering Technologist Practice of professional engineering within: definition of limitation statement Ontario (Geo) Practice of professional Geoscience under supervision within a limited scope Citizenship n/a n/a n/a n/a? must be a Canadian citizen or a permanent resident of Canada Proposed Regulation: must be a Canadian citizen or a permanent resident of Canada n/a Page 55 of 71 Draft 1 March 14, 2011

59 Academic Requirement Yukon British Columbia Alberta Saskatchewan Manitoba Ontario (Eng) (Regulation 8) Professional P.Tech. tbd Limited Licence (a) a science degree Licensee at least 2 years of 1.Four year science A three year diploma in a discipline and Have at least 2 post secondary degree from a in engineering from a university years of postsecondary to the Joint Board of education acceptable university program technology or a program approved acceptable to Council; Bachelor of by the Board or education Examiners in areas Technology degree in or Examiners; or acceptable to the that relate to engineering (b) registration as an APEGGA Board of engineering, geology technology from an 2. Degree or diploma applied science Examiners in or geophysics; institution approved technologist with a areas that relate in engineering or by the Council. degree or diploma to the practice of geoscience technology ii. A four year in engineering engineering, from a program honours science technology from an geology or acceptable to Council. degree in a discipline institution approved geophysics; The program must be and from a university by the Board or approved by the of at least two years Examiners; or Council. (c) other academic duration; or iii. Academic qualifications qualifications acceptable to the 3. Other educational accepted by the Board or Examiners preparation (minimum Council as equivalent requirement high to a diploma or school completion) degree mentioned in subparagraph i or ii. (i) has a science degree in a discipline and from a university program approved by the council; or (ii) is registered as an applied science technologist and has a degree or diploma in engineering technology or geoscience technology from an institution approved by the council in a program approved by the council; or (iii) has other qualifications acceptable to the council; and (iv) has completed any exams required by council; and Licensed Engineering Technologist Proposed Regulation: Same as for Limited Licence (must be Certified Engineering Technologist OACETT) Ontario (Geo) Page 56 of 71 Draft 1 March 14, 2011

60 Experience Requirement Yukon British Columbia Alberta Saskatchewan Manitoba Ontario (Eng) 8 years of All qualifying experience must be tbd experience carrying directly related to the scope of out engineering work to be identified in the work satisfactory to restricted licence and performed the Board of under the direction of a Examiners at least 2 Professional Engineer or of which shall have Professional Geoscientist been in the area to which the limited Refer to Education number license is to apply references above: 8 years of experience in engineering or geoscience work satisfactory to the council, the 8 years to include the years spent in obtaining the post secondary academic trainingat least the last 2 years of the experience within the practice of professional engineering or professional geoscience to which the limited licence is to apply Have at least 6 years of experience in work of an engineering, geological or geophysical nature that is acceptable to the APEGGA Board of Examiners, at least two of which are in the defined scope of practice and which were completed under the supervision and control of a Professional Member, and at least one year of your experience must be equivalent Canadian experience; at least 6 years of experience in areas that relate to engineering, geology or geophysics that is acceptable to the Joint Board of Examiners, at least 2 years of which are in the applicant s proposed area and scope of practice and were completed under the supervision and control of a professional member 1.(degree) Minimum five years post degree experience 2.(diploma)Minimum eight years post degree or diploma experience 3. (high school) Minimum 15 years of combined post high school education and experience acceptable to Council Plus: one year probationary period, during which the applicant will be required to report regularly to APEGS on ongoing work experience. In addition, APEGS will reserve the right to monitor and investigate the applicant s practice during the probationary period by whatever means it deems appropriate including interviews with the applicant, clients, superiors, and fellow workers, visits to the applicant s work site, and examination of drawings, designs, specifications, job files, and any other items considered relevant to the applicant s ability to function as a Limited Member of APEGS. 13 years of experience in engineering work acceptable to the Council including the years spent in obtaining the post secondary academic training at least 1 year of such experience under the supervision and direction of a person authorized to practice professional engineering in the province or territory in Canada in which the experience was acquired at least the last 2 years of the experience in the services within the practice of professional engineering with respect to which the limited licence is to apply. at least the last year of the experience referred to in paragraph 2 must have been with the present employer Proposed Regulation: 11 years, including postsecondary education, with at least 6 years of this experience being relevant experience [within the defined scope of practice] at least 4 of which are services within the practice of professional engineering with respect to which the licence is to apply under the direct supervision of a professional engineer, with references from three professional engineers, all satisfactory to PEO. Ontario (Geo) Page 57 of 71 Draft 1 March 14, 2011

61 Practice, Law & Ethics Requirement Yukon knowledge of the Act, practise of the profession and these Regulations including the Code of Ethics in Schedule A demonstrated by passing one or more examinations set by the Board or Examiners British Columbia Successful Completion of Professional Practice Examination and law & Ethics Seminar Demonstrate knowledge of law, ethics and professionalism by passing the National Professional Practice Examination; Alberta Saskatchewan Manitoba Ontario (Eng) has a knowledge of Successful Completion Successful the Act and the of Professional completion of the regulations under the Practice Examination Professional Practice Act, and general and law & Ethics Examination knowledge related to Seminar the proposed scope of practice of engineering, geology or geophysics, which has been demonstrated by passing an examination for those purposes that is prescribed by the Joint Board of Examiners?? Successful completion of the Professional Practice Examination Ontario (Geo) Successful completion of the Professional Practice Examination Page 58 of 71 Draft 1 March 14, 2011

62 Other Yukon Good Character; English Language Competency British Columbia Good Character; English Language Competency Good Character; English Language Competency Mobility Provision:an applicant is entitled to be registered as a professional licensee if (a) the applicant is of good character and reputation, and (b) the applicant is registered as a professional licensee or in an equivalent capacity in good standing with a regulated entity in another province that, in the opinion of the Board of Examiners, is equivalent to the Association. Alberta Saskatchewan Manitoba Ontario (Eng) Good Character; Good Character; tbd Good Character; English Language English Language English Language Competency Competency Competency Mobility Provision: an applicant is entitled to be registered as a professional technologist a) if the applicant is of good character and reputation, and (b) is a professional technologist who, in respect of another province, (i) is eligible to engage in the practice of engineering, geology or geophysics within the scope of practice specified by the Joint Board of Examiners, and (ii) is a member in good standing with a regulated entity in that other province that, in the opinion of the Joint Board of Examiners, is equivalent to ASET. Good Character; English Language Competency Ontario (Geo) Page 59 of 71 Draft 1 March 14, 2011

63 Page 60 of 71

64 APPENDIX F BUILDING A MUTUALLY BENEFICIAL SOLUTION: OPTIONS FOR A WAY FORWARD Page 61 of 71

65 Draft 1 March 14, 2011 Page 62 of 71

66 Draft 1 March 14, 2011 Page 63 of 71

67 Draft 1 March 14, 2011 Page 64 of 71

68 Draft 1 March 14, 2011 Page 65 of 71

69 Draft 1 March 14, 2011 Page 66 of 71

70 Draft 1 March 14, 2011 Page 67 of 71

71 Draft 1 March 14, 2011 Page 68 of 71