Natural Science and Environmental Professions Act

Transcription

1 FRAMEWORK DOCUMENT Natural Science and Environmental Professions Act The College of Alberta Professional Foresters (CAPF), the Alberta Society of Professional Biologists (ASPB), the Association of the Chemical Profession of Alberta (ACPA), and the College of Alberta Professional Forest Technologists (CAPFT) are considering joining together under one Act for regulation of their respective professions. These organizations currently regulate their members through individual Acts, Regulations and Bylaws and have significant differences with respect to their mandates. However, it is recognized that all four organizations have common purpose and intent with respect to professional regulation. The newly formed Act would be called the Natural Science and Environmental Professions Act and would govern the parties in all matters relating to professional regulation. The purpose of this proposed legislation would be to create a sustainable organization(s) that would collectively improve the ability of all disciplines to serve the public interest. It is anticipated that the new legislation would significantly improve the efficiency and effectiveness of these organizations through; Updated legislation that is appropriate for all natural science and environmental professionals Common legislation that clearly defines a process for professional regulation that can be presented to the public, industry sectors and to the members of the four professional groups Expanded scope of mandatory registration to all natural science and environmental professionals covered by the Act Administrative efficiencies An inclusive approach that provides more opportunity to discuss common issues on a broader scale Larger numbers that will provide more relevance to members on all professional matters The structure of the Act will be inclusive and will allow other natural science professions to become regulated under this Act in the future. This could include existing professions or professions that are currently non regulated. It is recognized that each profession has a distinct identity and title. The Act and related legislation will protect that distinction and all parties will maintain their current designations and titles. Professions will manage their membership categories and their ability to determine the education and experience requirements for these categories. Current requirements for labour mobility will be maintained and the legislation will protect the ability for professionals to move between Provinces without losing their professional designation or ability to register with other jurisdictions. The new Act will respect the designation of incoming professionals moving into the Province as per current agreements. It is anticipated that there will no impact with respect to each organizations national or interprovincial affiliations.

2 Purpose: The Natural Science and Environmental Professions Act is being pursued by the organizations noted above in order to enhance the sustainability and accountability of regulated professionals in the Natural Science and Environmental Professions. The new Act will be modelled after the Agrology Profession Act which is the most current Alberta Legislation that deals with professional regulation. Highlights of the new Act will include; mandatory registration, governance provisions, continuing competence requirements, professional conduct, and title protection. A framework for the Regulations, Bylaws, Codes of Ethics and Standards of Practice will be developed. The timetable for development of the new Act would be as per the draft work plan (Appendix A) as provided by the Professional Governance Unit of Alberta Jobs, Skills, Training and Labour. In order to proceed as per the draft schedule, the organizations involved need to provide a mandate from their memberships indicating support for umbrella legislation prior to the end of the summer. To that end, this Framework is intended as an information package that will be presented to each of CAPF, CAPFT, ASPB, and ACPA at their Annual General Meetings in The Framework will include a description of the purpose, objectives, principles and terms of reference for the Act. It will provide as much information as possible about the new Act. What will not be available is a detailed description of the legislation, bylaws or the final organizational model that will be adopted. All members will have an opportunity for a final vote on the complete package in the spring of Objectives: 1. To pursue a more effective and sustainable model of professional regulation that will enhance our collective ability to protect the public interest. 2. To work together with common purpose to enhance our ability to regulate Natural Science and Environmental Professionals in a consistent and fair manner that is open and transparent. 3. To provide relevance to our membership and a strong mandate to influence issues that affect professional regulation. 4. To work together within the broad scope of professional regulation while maintaining our unique identities, titles, and roles. 5. To network with other Natural Science and Environmental Professionals and discuss issues of public concern within a broader forum. 6. To improve the efficiency of our organizations through sharing of resources and economies of scale that result in improved program delivery and financial management. Benefits of Umbrella Legislation: Of primary importance will be protection of the public Interest. Umbrella legislation will enhance our collective ability to protect the public interest through; Public accountability of all individuals working in these professions Consistency of professional regulation all professions will be treated the same

3 Code of Ethics all professionals bound by a common code of ethics that is easy to understand and regulate Continuing Competence Programs that are developed to ensure all professionals are current and competent in their specialties Mandatory Registration all four disciplines will have mandatory registration which will ensure that everyone with the appropriate qualifications working in chemistry, biology and forestry are subject to professional regulation. Sustainability of the College / Association together the four organizations are stronger and financially sustainable due to; Economy of scale of administrative functions Contingency funds that can be combined and managed so that there is less strain on individual organizations Training opportunities can be provided at reduced costs with larger audiences More efficient use of office staff, etc. The larger organization will have more influence and relevance with; Government Members of the Public Other Professions The larger organization will be able to play a stronger advocacy role with respect to issues that affect professional regulation. Members from all four organizations will enjoy greater communication and cooperation between the disciplines.

4 Highlights of a New Act Natural Science and Environmental Professions Act (NSEPA) Introduction: Purpose: The Natural Science and Environmental Professions Act will be umbrella legislation that brings the Alberta Society of Professional Biologists (ASPB), the Association of the Chemical Profession of Alberta (ACPA), the College of Alberta Professional Foresters (CAPF) and the College of Alberta Professional Forest Technologists (CAPFT) under one Act. The new Act will be based on the most current framework in place for professional regulation. This new legislation will bring ASPB and ACPA out of POARA and into a more relevant piece of legislation with respect to professional regulation. Government staff will draft the new Act using the existing Agrology Profession Act as the model. 1. Govern regulated members in a manner that protects and serves the public interest. 2. To establish, maintain and enforce standards of practice, registration and continuing competence for the professional practice of Forestry, Biology and Chemistry. Definitions: The Act will provide a separate definition for each of: (a) Practicing as Professional Foresters and Forest Technologists (b) Practicing as Professional Biologists and Biological Technologists (c) Practicing as Professional Chemists and Chemical Technologists Mandatory Registration: A person must apply for registration if the person; (a) Is qualified to meet the requirements for registration as a regulated member, and (b) Intends to provide professional services to the public or to supervise regulated members who provide professional service to the public. Registration: Under this Act, the Professions may approve programs of study and education courses for the purposes of registration requirements. (a) Registers will be maintained for each Profession. (b) Protected titles will be maintained under the new legislation. Mandatory Continuing Competence: (a) The competence committee must establish a professional development program to ensure the public that registered members are staying current in their field of practice. (b) The competence committee must make a referral to the complaints director if a regulated member provides false or misleading statements, displays a lack of competence of professional services or constitutes unprofessional conduct. Discipline Process: The Act will define a complaint review process and disciplinary process that deals with complaints brought forward by the public.

5 Complaints Director: The Complaints Director is a person who hears of a complaint and through his/her knowledge of the profession decides if the complaint has merit, and if so, take whatever steps are necessary under the Act. Hearings Director: The Hearings Director s responsibility is to set up a hearing tribunal to hear the complaint that has been made against a regulated member. Hearings Tribunal: The Hearing Tribunal will be established to hear the complaint and will be comprised of members of the Profession and a public member component.

6 APPENDIX A

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8 APPENDIX B Memorandum of Understanding

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