Changing Responsibilities And Roles for Professional Biologists

1. Changing Responsibilities And Roles for Professional Biologists

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

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

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) governingits members in accordance with this Act and the rules • (v) cooperating with other bodies on matters relevant to applied biology 1 1. The College of Applied Biology Act

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 2. Preformance Based Environmental Mangaement in BC - MSRM

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

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

15. College’s 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_2004.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 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 • An RPBio is classed as a ‘Professional’ under this regulation

19. B.C. Riparian Areas Regulation • http://wlapwww.gov.bc.ca/habitat/fish_protection_act/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

20. 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

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 • 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 (con’t) • 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

25. 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.

26. 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

28. 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.

29. 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