Changing Responsibilities

1

• Changing Responsibilities
• And Roles
• for Professional Biologists

2
Agenda

• College of Applied Biology Overview
• Working With New Legislation
• Protecting Yourself
• Colleges Responsibility
• APBBCs Role

3
Organization Overview
4
Right to Title versus Right to Practice
5
College Purpose to uphold and protect the
Public Interest

• (i) preserving and protecting the scientific
  methods and principles that are the foundation of
  the applied biological sciences,
• (ii) upholding the principles of stewardship of
  aquatic and terrestrial ecosystems and biological
  resources, and
• (iii) ensuring the integrity, objectivity and
  expertise of its members
• (iv) governing its members in accordance with
  this Act and the rules
• (v) cooperating with other bodies on matters
  relevant to applied biology 1

6
College of Applied Biology Act - Why?

• Public Interest Value
• Recognize a unique combination of knowledge and
  skills
• Ensuring members are bound by high standards of
  conduct and competence
• Practice Reviews and Audits
• Need for Accountability
• Discipline Procedures
• Performance Based Legislation - eg.
• MSR and FRPA

7
Performance Based Regulations

• A management approach where roles and
  accountabilities are defined to reduce the amount
  of government intervention and give the regulated
  sector more flexibility and responsibility on how
  to achieve objectives, and where the focus is on
  performance, not process. 2

8
Different, not synonymous

• Accountability legally answerable
• Responsibility morally obliged
• Liability owing a debt

9
Comparison of Impacts of Performance Based versus
Prescriptive Regs

• Responsibility Increased under performance
  based regs
• Accountability Remains the same
• Liability Increased under performance based
  regs
• Note numbers are displayed for qualitative
  purposes only

10
Liability

• The legal responsibility to provide compensation
  for some harm or injury
• Sources
• Terms of Contract
• Negligent Conduct
• Negligent Misrepresentation
• Non-compliance with Statutory Requirements

11
Protecting Yourself

• Working to Professional Standards
• Insurance
• Know what you are buying
• Liability, limitation clauses, tail insurance
• Read the small print
• Exclusions
• Certification vs Assurance

12
What is a Professional

• An individual recognized by society to have
  specialized knowledge, training, skills and
  ability
• Member of a legislated self-regulating body
• Member in good standing
• Exercise judgement and discretion
• Self Assessment

13
Professional Conduct Standards

• Competence
• Independence
• Integrity
• Stewardship
• Due Diligence

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Due Diligence

• Professional due diligence is exercising the care
  a reasonable professional under the same
  circumstances would use reasonable but not
  necessarily exhaustive efforts to achieve a
  desired outcome or prevent an undesired one.

15
Colleges Responsibility

• To The Public
• To Government
• To Members

16
Contaminated Sites and RPBios

• http//www.apeg.bc.ca/aboutus/cs/contam-sites.html
  
• Roster of Professional Experts will be expanded
  to include RPBios for purposes of Risk Assessment
  (Human Health and Environmental)
• Licensed Environmental Professionals

17
Forest and Range Practices Act

• http//www.for.gov.bc.ca/code/
• (1) The minister must approve a forest
  stewardship plan or an amendment to a forest
  stewardship plan if it conforms to section 5.
• (1.01) A forest stewardship plan or an amendment
  to a forest stewardship plan conforms to section
  5 if
• (a) a person with prescribed qualifications
  certifies that it conforms to section 5 in
  relation to prescribed subject matter, and
• (b) the minister is satisfied that it conforms to
  section 5 in relation to subject matter not
  prescribed for the purpose of paragraph (a).

18
Sewerage System Regulation

• http//www.qp.gov.bc.ca/statreg/reg/H/Health/326_2
  004.htm
• regulates small wastewater systems, primarily
  single family dwellings which are exempt from the
  Waste management act through provisions of the
  Health act
• Systems are defined as one of three types
• Type 1 system - site requires a simple septic
  tank only
• Type 2 system - site requires secondary
  treatment and utilizes a plant that will produce
  at least a 5 day BODlt45mg/L and TSSlt45 mg/L
• Type 3 system - site requires advanced treatment
  and utilizes a system that will produce at least
  a 5 day BOD of less than 10 mg/L, a TSS of less
  than 10mg/L and a fecal coliform count of less
  than 400/100ml
• An RPBio is classed as a Professional under
  this regulation

19
B.C. Riparian Areas Regulation

• http//wlapwww.gov.bc.ca/habitat/fish_protection_a
  ct/riparian/riparian_areas.html
• Applies to urban and rural developments in
  specified areas of B.C. the east side of
  Vancouver Island, the lower mainland and the
  Southern Interior
• Directs local Government that condition for
  development is assessment by a Qualified
  Environmental Professional (QEP) or authorization
  by DFO
• Assessment Methods are attached as a schedule to
  the Regulation and thus have force of law
• Two assessment options in the Assessment Methods
  for determining riparian setbacks and protection
  measures

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RAR - Duties of a QEP

• A QEP carries out an assessment and
• Certifies that
• He or she is qualified to carry out the
  assessment, and
• The Assessment Methods have been followed, and
• Provides an opinion that
• If the development is implemented as proposed,
  there will be no Harmful Alteration, destruction
  or destruction (HADD) of Riparian Fish Habitat
  from the development or
• Identify areas (setbacks and measures) necessary
  for protection to prevent HADD of Riparian Fish
  Habitat from the development
• A QEP does a post development review and reports
  to Governments if the project was constructed as
  planned
• QEP may do monitoring as development proceeds

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RAR (cont)

• QEP notifications for projects that will not
  cause a Harmful Alteration, Disruption or
  Destruction (HADD) will receive automatic
  approval from WLAP and DFO to proceed
• Where the QEP determines that a HADD will not be
  avoided DFO authorization of the project is
  required
• WLAP and DFO will focus resources on compliance
  and effectiveness monitoring of RAR

22
RAR (cont)

• May need a team of QEPs depending on the specific
  conditions of the site and the proposed project
• Could include a Fisheries Biologist, a
  Geotechnical Engineer, a Vegetation Specialist,
  etc.
• To assist QEP in due diligence for certifying
  they are qualified, government is undertaking the
  following
• Updating Assessment Methods to include Skill set
  description (in development)
• Training for QEPs on Assessment Methods (in
  development)
• The Association will work with government in
  determining skill sets, qualifications and
  training options for their members

23
Do we need the APB ?

• Members Interest
• Shape provincial legislation, regulations and
  policies
• Aid in the evolution of the profession.

24
New Roles for the APBBC

• Professional development for members
• Services to members
• Networking and discussion forums
• External communication community involvement
• Promoting the profession

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Professional Development

• Define the professional development and
  continuing competency needs of new and existing
  members
• Initiate a program for educating members about
  professional ethics.
• Investigate development of a tracking system for
  recording members professional development.
• Provide access to a data base on professional
  development workshops available through others.
• Enhance the professional development component of
  the Annual General Meetings.

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Service to Members

• Provide information on, and possibly improved
  access to professional insurance needs of members
  
• Enhance the existing membership data base to
  support more functions.
• Maintain the scholarship programs presently
  provided.
• Maintain member communications services presently
  provided.
• Develop affinity programs

27
Networking and Discussion Forums

• Continue to facilitate member dialogue
• Investigate the feasibility, and be prepared to
  organize regional You Heard It Here First
  sessions

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External Communication Community Involvement

• Identify and maintain a list of strategic issues
  that the APB has an interest in and may wish to
  address publicly.
• Continue involvement in science fairs and job
  fairs.
• Continue with awards, recognition and
  sponsorships.
• Maintain existing media contacts.
• Take the initial steps to develop an APB brand
  identity.

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Promoting the Profession

• Bring enthusiastic and qualified young people
  into the profession (long term)
• Advantages of employing professional biologists
  (2004-5)
• Enhance other professions understanding of the
  role of Professional Biologists as part of the
  team (2004-5)
• Promote college like legislation in other
  jurisdictions (long term)

30
The Future ?

• Paraphrasing - An organization is as only as
  strong as its membership