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"Point in Time" Regulation Content

Professional Governance Act

Professional Governance General Regulation

B.C. Reg. 107/2019

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Division 1 February 5, 2021
Part 1 February 5, 2021
Section 1.1 February 5, 2021
June 30, 2021
February 10, 2023
September 1, 2023
Section 1.2 February 5, 2021
Part 2 Division 1 to 3 Section 1.3 to 1.9 February 5, 2021
Section 1.3 June 2, 2023
Section 1.4 February 10, 2023
Division 2 February 5, 2021
Section 1.6 October 1, 2022
February 10, 2023
June 2, 2023
Section 1.7 October 1, 2022
Section 1.8 June 2, 2023
Part 3 February 5, 2021
Division 3 February 5, 2021
Section 3 June 2, 2023
Section 4 June 2, 2023
Section 5 June 2, 2023
Section 6 September 13, 2021
June 2, 2023
Part 3 Division 2 Section 6.1 February 5, 2021
Part 4 February 5, 2021
Section 7 February 5, 2021
Section 8 October 1, 2022
February 10, 2023
Section 9 December 2, 2019
October 1, 2022
Schedule February 5, 2021
Schedule 1 December 1, 2022
September 1, 2023
Schedule 2 February 5, 2021
Schedule 2 June 2, 2023

 Division 1 heading BEFORE repealed by BC Reg 11/2021, effective February 5, 2021.

Division 1 — General

 Part 1 heading was enacted by BC Reg 11/2021, effective February 5, 2021.

 Section 1.1 was enacted by BC Reg 11/2021, effective February 5, 2021.

 Section 1.1 (a.1) was added by BC Reg 160/2021, effective June 30, 2021.

 Section 1.1 (part) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

1.1   For the purposes of the definition of "government registrant" in section 1 (1) of the Act, the following are prescribed:

 Section 1.1 (c) BEFORE amended by BC Reg 187/2023, effective September 1, 2023.

(c) the Oil and Gas Commission;

 Section 1.2 was enacted by BC Reg 11/2021, effective February 5, 2021.

 Part 2, Divisions 1 to 3, sections 1.3 to 1.9, was enacted by BC Reg 11/2021, effective February 5, 2021.

 Section 1.3 BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

Nomination committee

1.3   Despite section 23 (4) [council of regulatory body — councillor may not be member of committee or panel] of the Act, one of the following councillors of a regulatory body may be a member of the nomination committee of the regulatory body:

(a) the immediate past president;

(b) a lay councillor, if the immediate past president is unavailable.

[en. B.C. Reg. 11/2021, App. 2, s. 3.]

 Section 1.4 BEFORE re-enacted by BC Reg 32/2023, effective February 10, 2023.

Definitions

1.4   In this Division:

"continued" means continued under Division 1 [Regulatory Bodies Continued] of Part 7 of the Act;

"historical member", in relation to a continued regulatory body, means a person who, before February 5, 2021, ceased to be a registered member of the professional association continued as the regulatory body;

"recent historical member", in relation to a continued regulatory body, means a historical member of the regulatory body who ceased on or after February 5, 2014 to be a registered member of the professional association continued as the regulatory body.

[en. B.C. Reg. 11/2021, App. 2, s. 3.]

 Division 2 heading BEFORE repealed by BC Reg 11/2021, effective February 5, 2021.

Division 2 — Selection of Nominees

 Section 1.6 (3) (part) BEFORE amended by BC Reg 191/2022, effective October 1, 2022.

(3) Subject to subsections (4) and (5), the council of a regulatory body may limit the information referred to in subsection (2) to be made publicly available under section 82 (2) by reference to one or both of the following:

 Section 1.6 (1) BEFORE repealed by BC Reg 32/2023, effective February 10, 2023.

(1) This section applies in relation to a continued regulatory body.

 Section 1.6 (3) (a) and (b) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

(a) the date the historical member ceased to be a registered member of the continued professional association;

(b) the period of time since the historical member ceased to be a registered member of the continued professional association.

 Section 1.6 (5) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

(5) The council 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 continued professional association.

 Section 1.6 (3) (part) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(3) Subject to subsections (4) and (5), the council 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:

 Section 1.7 (1) (b) BEFORE amended by BC Reg 191/2022, effective October 1, 2022.

(b) a registrant who may be suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs.

 Section 1.8 (1) (part) and (2) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(1) Despite section 82 (2) [information to be publicly available] of the Act, the council of a regulatory body must not make information publicly available under that section if the council considers that the public interest in the information being made publicly available is outweighed by the privacy interests of

(2) If a council determines under subsection (1) that information is not to be made publicly available, the council must note on the website referred to in section 82 (2) of the Act that information has been withheld.

 Part 3 and Division 1 headings were enacted by BC Reg 11/2021, effective February 5, 2021.

 Division 3 heading BEFORE repealed by BC Reg 11/2021, effective February 5, 2021.

Division 3 — Other Prescribed Matters

 Section 3 (a) and (b) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(a) a committee established by the council of a regulatory body under section 26 (1) [election of registrant councillors] of the Act, or

(b) a committee that has the purpose of nominating or selecting members for election for an affected council under section 124 of the Act.

 Section 4 BEFORE re-enacted by BC Reg 136/2023, effective June 2, 2023.

Interpretation — interim elections to council

4   For the purposes of section 2 (b) of this regulation and section 124 of the Act, in sections 5 and 6 of this regulation,

(a) a reference to a council is to be read as including a council 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 councillor is to be read as including a councillor or council member, as applicable, under an affected Act, and

(d) a reference to a regulatory body is to be read as including an affected body.

 Section 5 (b) (i) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(i) to perform and uphold the duties and functions of a registrant councillor with objectivity and honesty, and

 Section 6 (3) (d) (part) BEFORE amended by BC Reg 239/2021, effective September 13, 2021.

(d) independence, in accordance with which, the nomination committee and each of the members of the nomination committee are to

 Section 6 (1) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(1) The process set out in this section for the selection of nominees to be registrant councillors is prescribed for the purposes of section 25 (1) of the Act.

 Section 6 (2) (a) and (b) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(a) prepare a list of qualified nominees to stand for election to fill current or expected vacancies on the council, 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 council.

 Section 6 (3) (d) (i) (A) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(A) the council, other than the specification of criteria described in subsection (4) (a),

 Section 6 (4) (a), (b), (c) (part), (e) part and (f) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

(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 council to be necessary or desirable, including any capabilities, qualifications or skills

(i) relating to fulfilling the duties and functions of a registrant councillor, or

(ii) that may not be adequately represented among the registrant councillors on the council;

(b) advertising the following to the registrants of the regulatory body:

(i) the current or expected council vacancies;

(ii) the capabilities, qualifications or skills that are necessary or desirable for the nominees for the current or expected council vacancies;

(iii) any other factors or criteria that are specified by the council 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 council:

(e) producing a report for the council, signed by the chair of the nomination committee, that specifies the following:

(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 councillor and any information that the nomination committee determines is relevant to make public about the registrant.

 Part 3, Division 2 and section 6.1, was enacted by BC Reg 11/2021, effective February 5, 2021.

 Part 4 heading was enacted by BC Reg 11/2021, effective February 5, 2021.

 Section 7 BEFORE repealed by BC Reg 11/2021, effective February 5, 2021.

Relevant enactments

7   The enactments listed in the Schedule are prescribed for the purposes of the definition of "relevant enactment" in section 1 (1) [definitions and interpretation] of the Act.

 Section 8 (1) (e), (f) and (g) were added by BC Reg 191/2022, effective October 1, 2022.

 Section 8 (1) (c) (i) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

(i) a professional association, including a body or agency from another jurisdiction, or

 Section 9 was enacted by BC Reg 252/2019, effective December 2, 2019.

 Section 9 BEFORE repealed by BC Reg 191/2022, effective October 1, 2022.

Authority to set or increase fees

9   (1) For the purposes of section 124.1 (2) [interim authority — fees for transition to Act] of the Act, the College of Applied Biology is prescribed.

(2) For the purposes of restricting under section 124.1 (3) (b) of the Act the authority of an affected council to set or increase an annual fee under section 124.1 (2) of the Act, the following rates of increase over the annual fee payable for the previous year are prescribed:

(a) if the affected council has not previously set or increased the annual fee under section 124.1 (2) of the Act, 25%;

(b) in any other case, 7%.

[en. B.C. Reg. 252/2019, App.]

 Schedule title was renumbered to Schedule 1 by BC Reg 11/2021, effective February 5, 2021.

 Schedule 1 item BEFORE repealed by BC Reg 253/2022, effective December 1, 2022.

Industry Training Authority Act

 Schedule 1 items "Skilled Trades BC Act" and "Riparian Areas Protection Act" were added by BC Reg 253/2022, effective December 1, 2022.

 Schedule 1 item BEFORE amended by BC Reg 187/2023, effective September 1, 2023.

Oil and Gas Activities Act

 Schedule 1 item "Energy Resource Activities Act" was added by BC Reg 187/2023, effective September 1, 2023.

 Schedule 2 was enacted by BC Reg 11/2021, effective February 5, 2021.

 Schedule 2 (parts) BEFORE amended by BC Reg 136/2023, effective June 2, 2023.

I do solemnly affirm that, in the exercise of my powers and the performance of my duties as a member of the council of or a committee for the [name of regulatory body]:

• 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 council or committee member.

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Witness
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Council / Committee Member
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Date