Copyright © King's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
B.C. Reg. 107/2019 O.C. 250/2019 | Deposited May 21, 2019 effective June 1, 2019 |
[Last amended September 1, 2023 by B.C. Reg. 187/2023]
1.1 For the purposes of the definition of "government registrant" in section 1 (1) of the Act, with respect to the Association of Professional Engineers and Geoscientists of the Province of British Columbia the following are prescribed:
(a) the ministry of the minister responsible for any of the following:
(i) Part 8 [Roads and Rights of Way] of the Forest Act;
(ii) Division 2 [Roads] of Part 3 of the Forest and Range Practices Act;
(iii) Part 4 [Highways] or 5 [Use of Highways] of the Transportation Act;
(a.1) the British Columbia Hydro and Power Authority;
(b) the British Columbia Safety Authority;
(c) the British Columbia Energy Regulator;
(d) the Workers' Compensation Board.
[en. B.C. Reg. 11/2021, App. 2, s. 2; am. B.C. Regs. 160/2021, s. (a); 32/2023, Sch. B, s. 11 (a); 187/2023, Sch., s. 13.]
1.2 For the purposes of the definition of "relevant enactment" in section 1 (1) of the Act, the enactments listed in Schedule 1 are prescribed.
[en. B.C. Reg. 11/2021, App. 2, s. 2.]
1.3 Despite section 23 (4) [board of regulatory body — board member may not be member of committee or panel] of the Act, one of the following board members of a regulatory body may be a member of the nomination committee of the regulatory body:
(a) the immediate past board chair;
(b) a lay board member, if the immediate past board chair is unavailable.
[en. B.C. Reg. 11/2021, App. 2, s. 3; am. B.C. Reg. 136/2023, App. A, s. 1.]
1.4 In this Division:
"historical member" means, as applicable,
(a) in relation to a regulatory body continued under Division 1 of Part 7 of the Act, a person who, before February 5, 2021, ceased to be a registered member of the professional regulator continued as a regulatory body, or
(b) in relation to a regulatory body established under Division 2 of Part 7 of the Act, a person who, before the designation date of the profession of the person, ceased to be a registered member of the professional regulator established as a regulatory body;
"recent historical member" means, as applicable,
(a) in relation to a regulatory body continued under Division 1 of Part 7 of the Act, a person who, on or after February 5, 2014, ceased to be a registered member of the professional regulator continued as a regulatory body, or
(b) in relation to a regulatory body established under Division 2 of Part 7 of the Act, a person who, within 7 years before the designation date of the profession of the person, ceased to be a registered member of the professional regulator established as a regulatory body.
[en. B.C. Reg. 32/2023, Sch. B, s. 11 (b).]
1.5 The registrar for a regulatory body must include a former registrant of the regulatory body in the list of registrants made available under section 31 (3) of the Act for at least 10 calendar years after the calendar year in which the former registrant ceases to be a member of the regulatory body.
[en. B.C. Reg. 11/2021, App. 2, s. 3.]
1.6 (1) Repealed. [B.C. Reg. 32/2023, Sch. B, s. 11 (c).]
(2) Subject to this section, the following information about every person who is a historical member of a regulatory body is prescribed for the purposes of section 82 (1) (c) [information to be publicly available] of the Act:
(a) the person's name and that the person is a historical member;
(b) the category, subcategory or class of members in which the person was registered;
(c) a notation of each cancellation or suspension of the person's registration.
(3) Subject to subsections (4) and (5), the board of a regulatory body may limit the information referred to in subsection (2) to be made publicly available under section 82 (2) of the Act by reference to one or both of the following:
(a) the date the historical member ceased to be a registered member of the professional regulator;
(b) the period of time since the historical member ceased to be a registered member of the professional regulator.
(4) The board of a regulatory body must make the information referred to in subsection (2) publicly available under section 82 (2) of the Act for at least every recent historical member.
(5) The board of a regulatory body must make the information referred to in subsection (2) about a recent historical member publicly available under section 82 (2) of the Act for at least 10 calendar years after the calendar year in which the recent historical member ceased to be a registered member of the professional regulator.
[en. B.C. Reg. 11/2021, App. 2, s. 3; am. B.C. Regs. 191/2022, App. 1, s. 1; 32/2023, Sch. B, s. 11 (c) and (d); 136/2023, App. A, s. 2.]
1.7 (1) Despite section 31 (3) (f) (i) (B) [register to include information specified by discipline committee] of the Act, the registrar must not include information referred to in that section in a register if the registrar considers that the public interest in the information being included in the register is outweighed by the privacy interests of
(a) a complainant or other person, other than a registrant, or
(b) a registrant who may have a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs.
(2) If the registrar determines under subsection (1) that information is not to be included in a register, the registrar must note in the register that information has been withheld.
[en. B.C. Reg. 11/2021, App. 2, s. 3; am. B.C. Reg. 191/2022, App. 1, s. 2.]
1.8 (1) Despite section 82 (2) [information to be publicly available] of the Act, the board of a regulatory body must not make information publicly available under that section if the board considers that the public interest in the information being made publicly available is outweighed by the privacy interests of
(a) a complainant or other person, other than a registrant, or
(b) a registrant or historical member who may be suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs.
(2) If a board determines under subsection (1) that information is not to be made publicly available, the board must note on the website referred to in section 82 (2) of the Act that information has been withheld.
[en. B.C. Reg. 11/2021, App. 2, s. 3; am. B.C. Reg. 136/2023, App. A, s. 2.]
1.9 (1) A bylaw described in section 50 (1) [fees and special assessments] of the Act is not required to be delivered or filed under section 37 (1) [filing of bylaws] of the Act.
(2) For the purposes of section 37 (2) [filing of bylaws — number of days after which bylaw comes into force] of the Act, 45 days is prescribed.
[en. B.C. Reg. 11/2021, App. 2, s. 3.]
Division 1 — Merit-Based Selection of Nominees
2 This Division applies to the selection of nominees for the purposes of
(a) section 25 (1) [selection principles and criteria] of the Act, and
3 (1) In this Division, "nomination committee" means, as applicable,
(a) a committee established by the board of a regulatory body under section 26 (1) [election of registrant board members] of the Act, or
(b) a committee that has the purpose of nominating or selecting members for election for an affected board under section 124 of the Act.
(2) In this Division, the definitions in section 123 [definitions] of the Act apply.
[am. B.C. Reg. 136/2023, App. A, s. 3.]
4 In sections 5 and 6 of this regulation,
(a) a reference to a board is to be read as including a board under an affected Act,
(b) a reference to a registrant is to be read as including a member of an affected body,
(c) a reference to a registrant board member is to be read as including a board member under an affected Act, and
(d) a reference to a regulatory body is to be read as including an affected body.
[en. B.C. Reg. 136/2023, App. A, s. 4.]
5 The following selection principles are prescribed for the purposes of section 25 (1) of the Act:
(a) merit, which principle is upheld by a nomination committee having regard to the skills and experience of a nominee that are determined to best meet the needs of the regulatory body;
(b) integrity, which principle is upheld by the nomination committee having regard to information about the nominee, including information entered on the register relating to the nominee or other information about the nominee's professional conduct and competence, that may support, affect or compromise the nominee's capacity
(i) to perform and uphold the duties and functions of a registrant board member with objectivity and honesty, and
(ii) to act ethically without seeking improper personal or corporate gain that would not normally be accepted as compensation by the nominee as a professional.
[am. B.C. Reg. 136/2023, App. A, s. 5.]
6 (1) The process set out in this section for the selection of nominees to be registrant board members is prescribed for the purposes of section 25 (1) of the Act.
(2) A nomination committee must
(a) prepare a list of qualified nominees to stand for election to fill current or expected vacancies on the board, and
(b) make a reasonable attempt to include in the list at least one more nominee than the number required to fill the current or expected vacancies on the board.
(3) In selecting nominees, the nomination committee must ensure that the procedural steps set out in subsection (4) are carried out in accordance with the following procedural principles:
(a) fairness, with selection procedures that
(i) are objective, impartial and applied consistently, and
(ii) promote equality and are free from discrimination, harassment and victimization;
(b) transparency, with advertisements for appointments or elections that
(i) are designed to attract a qualified and diverse field of suitable nominees,
(ii) include information about positions and the appointment or election processes, and
(iii) are published on a publicly accessible website maintained by or on behalf of the regulatory body;
(c) accountability, with selection procedures that are
(i) lawful and consistent with applicable law, and
(ii) designed to promote public confidence in the governance of the regulatory body;
(d) independence, in accordance with which the nomination committee and each of the members of the nomination committee are to
(i) be free from influence, including any expression of preferences by
(A) the board, other than the specification of criteria described in subsection (4) (a),
(B) registrants of the regulatory body,
(ii) report to the superintendent any attempt to influence the nomination committee or its members.
(4) The nominating committee must ensure that the following procedural steps are taken in the selection process:
(a) considering factors or criteria that are specified by the board to be necessary or desirable, including any capabilities, qualifications or skills
(i) relating to fulfilling the duties and functions of a registrant board member, or
(ii) that may not be adequately represented among the registrant board members on the board;
(b) advertising the following to the registrants of the regulatory body:
(i) the current or expected board vacancies;
(ii) the capabilities, qualifications or skills that are necessary or desirable for the nominees for the current or expected board vacancies;
(iii) any other factors or criteria that are specified by the board or that the nomination committee considers necessary to support the selection of nominees;
(c) communicating the following information in the advertisements of current or expected vacancies on the board:
(i) that registrants who wish to be considered as nominees are to apply to be considered as nominees by submitting their name and a letter or resume demonstrating how the registrant has the capabilities, qualifications or skills that are specified in the advertisement as necessary or desirable;
(ii) that registrants who wish to be considered as nominees are to include any supporting information that the nomination committee has indicated is necessary to support the selection of nominees, which may include information in relation to the following:
(A) the registrant's professional practice;
(B) any conflicts of interest of the registrant;
(iii) the time period within which the application must be submitted;
(d) nominating the registrants as nominees in accordance with the selection principles set out in section 5 of this regulation;
(e) producing a report for the board, signed by the chair of the nomination committee, that specifies the following:
(i) how the outcome of the selection of nominees meets the requirements of the Act, any other applicable Act, this regulation or other applicable regulations, and any applicable bylaws of the regulatory body;
(ii) how the nominees meet the criteria set out in the advertisement for the current or expected vacancies;
(f) publishing on a publicly accessible website maintained by or on behalf of the regulatory body the name of any nominee who is selected to stand for election as a registrant board member and any information that the nomination committee determines is relevant to make public about the registrant.
[am. B.C. Regs. 239/2021, App. 1; 136/2023, App. A, s. 6.]
6.1 For the purposes of section 28 (1) [oath of office] of the Act, an oath of office must be
(a) taken and signed in the form set out in Schedule 2, and
(b) witnessed by at least one individual, who must also sign the form.
[en. B.C. Reg. 11/2021, App. 2, s. 4.]
8 (1) The following information or documents, or classes of information or documents, as applicable, are prescribed for the purposes of section 18 (1) [public interest disclosure] of the Act:
(a) any documents that are generally relevant to a profession, including in relation to conflicts of interest in the practice of a profession or other governance issues;
(b) any written decisions by statutory decision makers that are collected as part of an investigation under section 10 (1) (b) [investigations and audits by superintendent] of the Act;
(c) in relation to the practice of a profession, any data or reports that are submitted to the superintendent for the purposes of section 10 (1) (b) of the Act by
(i) a professional regulator, including a body or agency from another jurisdiction, or
(ii) another body or agency, including a body or agency from another jurisdiction, with responsibility for professional governance or oversight;
(d) any other submissions that are provided to the superintendent during the course of an investigation for the purposes of section 10 (1) (b) of the Act;
(e) information relating to the results of an investigation or an audit under section 10 of the Act;
(f) information relating to any administrative penalties imposed under section 99 of the Act;
(g) information relating to any enforcement actions, other than the imposition of an administrative penalty, taken under Part 8 of the Act as a result of an inspection under section 9.1 [inspections by superintendent] of the Act.
(2) Information or documents, or classes of information or documents, that are published under section 18 (1) of the Act are, subject to subsection (3) of that section, to be published by the superintendent on a publicly accessible website maintained
(a) by or on behalf of the superintendent, or
(b) by the ministry of the minister.
[am. B.C. Regs. 191/2022, App. 1, s. 3; 32/2023, Sch. B, s. 11 (e).]
[am. B.C. Regs. 11/2021, App. 2, s. 1 (d); 253/2022, s. 14; 187/2023, Sch., s. 12.]
Relevant Enactments
Agricultural Land Commission Act
Assessment Act
Building Act
Business Practices and Consumer Protection Act
Cannabis Distribution Act
Clean Energy Act
Coal Act
College and Institute Act
Community Charter
Creston Valley Wildlife Act
Degree Authorization Act
Drainage, Ditch and Dike Act
Drinking Water Protection Act
Energy Efficiency Act
Energy Resource Activities Act
Environmental Assessment Act
Environmental Management Act
Fishing Collective Bargaining Act
FNCIDA Implementation Act
Forest Act
Forest and Range Practices Act
Forest Practices Code of British Columbia Act
Geothermal Resources Act
Great Bear Rainforest (Forest Management) Act
Greenhouse Gas Industrial Reporting and Control Act
Homeowner Protection Act
Hydro and Power Authority Act
Industrial Roads Act
Integrated Pest Management Act
Labour Mobility Act
Land Act
Land Title Act
Mineral Tenure Act
Mines Act
Muskwa-Kechika Management Area Act
Park Act
Petroleum and Natural Gas Act
Plant Protection Act
Private Managed Forest Land Act
Private Training Act
Public Health Act
Railway Act
Railway Safety Act
Range Act
Resort Timber Administration Act
Riparian Areas Protection Act
Skilled Trades BC Act
Strata Property Act
Trade, Investment and Labour Mobility Agreement Implementation Act
University Act
Water Sustainability Act
Workers Compensation Act
[en. B.C. Reg. 11/2021, App. 2, s. 6; am. B.C. Reg. 136/2023, App. A, s. 7.]
Oath of Office
I do solemnly affirm that, in the exercise of my powers and the performance of my duties as a member of the board of or a committee for the [name of regulatory body]:
• I will abide by the Professional Governance Act and its regulations, and the bylaws, standards and policies of the [name of regulatory body], and act in accordance with the law and the public trust placed in me;
• I will act impartially and with integrity, putting the interests of the public above my own personal interests and the interests of any organization with which I am affiliated;
• I will avoid situations and circumstances in which there is a real or perceived conflict of interest by ensuring that such conflicts of interest are properly disclosed and that necessary measures are taken so a conflict of interest does not bias decisions or recommendations;
• I will conduct myself honestly and ethically, in a manner that maintains and enhances the public's trust and confidence in the governance of the [name of profession] profession(s) and does not bring it (them) into disrepute;
• I will safeguard confidential information, not divulging it unless I am authorized or required to do so by law;
• I will base my decisions on the objective evidence that is available to me;
• I will ensure that other memberships, directorships, voluntary or paid positions or affiliations remain distinct from work undertaken in the course of exercising my powers or performing my duties as a board or committee member.
................................................................. Witness | ........................................................................... Board / Committee Member |
........................................................................... Date |
[Provisions relevant to the enactment of this regulation: Professional Governance Act, S.B.C. 2018, c. 47, s. 118.]
Copyright © King's Printer, Victoria, British Columbia, Canada