1. Changing Responsibilities And Roles for Professional Biologists for Professional Biologists

2. 2 Agenda College of Applied Biology Overview College of Applied Biology Overview Working With New Legislation Working With New Legislation Protecting Yourself Protecting Yourself College’s Responsibility College’s Responsibility APBBC’s Role APBBC’s Role

3. 3 Organization Overview Practice of Professional Biology CollegeAPB Governance Professional Standards Evolution of Practice Advocacy Rules Sanctions For Admission Of Conduct and Practice Professional Development Guidance For Profession For Change

4. 4 Right to Title versus Right to Practice RTTRTPActivity YesYes exclusive use of titles set out in enabling legislation YesYes set standards of conduct and competence for members YesYes hold members to account via the discipline processes NoYes take action against non-members who contravene the practice provisions established by statute

5. 1. The College of Applied Biology Act 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, (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 (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 (iii) ensuring the integrity, objectivity and expertise of its members (iv) governing its members in accordance with this Act and the rules (iv) governing its members in accordance with this Act and the rules (v) cooperating with other bodies on matters relevant to applied biology 1 (v) cooperating with other bodies on matters relevant to applied biology 1

6. 6 College of Applied Biology Act - Why? Public Interest Value Public Interest Value Recognize a unique combination of knowledge and skills Recognize a unique combination of knowledge and skills Ensuring members are bound by high standards of conduct and competence Ensuring members are bound by high standards of conduct and competence Practice Reviews and Audits Practice Reviews and Audits Need for Accountability Need for Accountability Discipline Procedures Discipline Procedures Performance Based Legislation - eg. Performance Based Legislation - eg. MSR and FRPA MSR and FRPA

7. 2. Preformance Based Environmental Mangaement in BC - MSRM 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 “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. 8 Different, not synonymous Accountability – legally answerable Accountability – legally answerable Responsibility – morally obliged Responsibility – morally obliged Liability – owing a debt Liability – owing a debt

9. 9 Comparison of Impacts of Performance Based versus Prescriptive Regs Responsibility – Increased under performance based regs Responsibility – Increased under performance based regs Accountability – Remains the same Accountability – Remains the same Liability – Increased under performance based regs Liability – Increased under performance based regs Note – numbers are displayed for qualitative purposes only

10. 10 Liability The legal responsibility to provide compensation for some harm or injury The legal responsibility to provide compensation for some harm or injury Sources Sources Terms of Contract Terms of Contract Negligent Conduct Negligent Conduct Negligent Misrepresentation Negligent Misrepresentation Non-compliance with Statutory Requirements Non-compliance with Statutory Requirements

11. 11 Protecting Yourself Working to Professional Standards Working to Professional Standards Insurance Insurance Know what you are buying Know what you are buying Liability, limitation clauses, tail insurance Liability, limitation clauses, tail insurance Read the small print Read the small print Exclusions Exclusions Certification vs Assurance Certification vs Assurance

12. 12 What is a Professional An individual recognized by society to have specialized knowledge, training, skills and ability An individual recognized by society to have specialized knowledge, training, skills and ability Member of a legislated self-regulating body Member of a legislated self-regulating body Member in good standing Member in good standing Exercise judgement and discretion Exercise judgement and discretion Self Assessment Self Assessment

13. 13 Professional Conduct Standards Competence Competence Independence Independence Integrity Integrity Stewardship Stewardship Due Diligence Due Diligence

14. 14 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. 15 College’s Responsibility To The Public To The Public To Government To Government To Members To Members

16. 16 Contaminated Sites and RPBios http://www.apeg.bc.ca/aboutus/cs/contam- sites.html 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) Roster of Professional Experts will be expanded to include RPBios for purposes of Risk Assessment (Human Health and Environmental) Licensed Environmental Professionals Licensed Environmental Professionals

17. 17 Forest and Range Practices Act http://www.for.gov.bc.ca/code/ 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) 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 (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 (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). (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. 18 Sewerage System Regulation http://www.qp.gov.bc.ca/statreg/reg/H/Health/326_2004.htm http://www.qp.gov.bc.ca/statreg/reg/H/Health/326_2004.htm regulates small wastewater systems, primarily single family dwellings which are exempt from the Waste management act through provisions of the Health act 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: Systems are defined as one of three types: Type 1 system - site requires a simple septic tank only 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 BOD<45mg/L and TSS<45 mg/L Type 2 system - site requires “secondary” treatment and utilizes a plant that will produce at least a 5 day BOD<45mg/L and TSS<45 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 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 An RPBio is classed as a ‘Professional’ under this regulation

19. 19 B.C. Riparian Areas Regulation http://wlapwww.gov.bc.ca/habitat/fish_protection_act/ri parian/riparian_areas.html http://wlapwww.gov.bc.ca/habitat/fish_protection_act/ri parian/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 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 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 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 Two assessment options in the Assessment Methods for determining riparian setbacks and protection measures

20. 20 RAR - Duties of a QEP A QEP carries out an assessment and A QEP carries out an assessment and Certifies that Certifies that He or she is qualified to carry out the assessment, and He or she is qualified to carry out the assessment, and The Assessment Methods have been followed, and The Assessment Methods have been followed, and Provides an opinion that 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 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 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 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 QEP may do monitoring as development proceeds

21. 21 RAR (con’t) 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 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 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 WLAP and DFO will focus resources on compliance and effectiveness monitoring of RAR

22. 22 RAR (con’t) May need a team of QEPs depending on the specific conditions of the site and the proposed project 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. 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: 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) Updating Assessment Methods to include Skill set description (in development) Training for QEPs on Assessment Methods (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 The Association will work with government in determining skill sets, qualifications and training options for their members

23. 23 Do we need the APB ? Members’ Interest Members’ Interest Shape provincial legislation, regulations and policies Shape provincial legislation, regulations and policies Aid in the evolution of the profession. Aid in the evolution of the profession.

24. 24 New Roles for the APBBC Professional development for members Professional development for members Services to members Services to members Networking and discussion forums Networking and discussion forums External communication & community involvement External communication & community involvement Promoting the profession Promoting the profession

25. 25 Professional Development Define the professional development and continuing competency needs of new and existing members Define the professional development and continuing competency needs of new and existing members Initiate a program for educating members about professional ethics. Initiate a program for educating members about professional ethics. Investigate development of a tracking system for recording members’ professional development. Investigate development of a tracking system for recording members’ professional development. Provide access to a data base on professional development workshops available through others. Provide access to a data base on professional development workshops available through others. Enhance the professional development component of the Annual General Meetings. Enhance the professional development component of the Annual General Meetings.

26. 26 Service to Members Provide information on, and possibly improved access to professional insurance needs of members Provide information on, and possibly improved access to professional insurance needs of members Enhance the existing membership data base to support more functions. Enhance the existing membership data base to support more functions. Maintain the scholarship programs presently provided. Maintain the scholarship programs presently provided. Maintain member communications services presently provided. Maintain member communications services presently provided. Develop affinity programs Develop affinity programs

27. 27 Networking and Discussion Forums Continue to facilitate member dialogue Continue to facilitate member dialogue Investigate the feasibility, and be prepared to organize regional “You Heard It Here First” sessions Investigate the feasibility, and be prepared to organize regional “You Heard It Here First” sessions

28. 28 External Communication & Community Involvement 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. 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 involvement in science fairs and job fairs. Continue with awards, recognition and sponsorships. Continue with awards, recognition and sponsorships. Maintain existing media contacts. Maintain existing media contacts. Take the initial steps to develop an APB brand identity. Take the initial steps to develop an APB brand identity.

29. 29 Promoting the Profession Bring enthusiastic and qualified young people into the profession (long term) Bring enthusiastic and qualified young people into the profession (long term) Advantages of employing professional biologists (2004-5) Advantages of employing professional biologists (2004-5) Enhance other professions’ understanding of the role of Professional Biologists as part of the team (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) Promote “college like” legislation in other jurisdictions (long term)

30. 30 The Future ? Paraphrasing - An organization is as only as strong as its membership Paraphrasing - An organization is as only as strong as its membership