INNOVATION May-June 2012

r egu la tor y notes

Member Consultation Update on Alternative Complaint Resolution Bylaw To support stronger member participation and understanding

background information. The survey was also promoted twice through APEGBC’s Twitter account. • A reminder about the survey and its closing date was included in the April 2012 edition of Connections. • An article about the ACR bylaw and consultation process, “Member Consultation on Alternative Complaint Resolution Bylaw Proceeds,” was included in the March/April 2012 edition of Innovation. • Background information, articles and a link to the survey were on the Association’s website, linked from the homepage as of March 8, 2012. An updated FAQ based on initial survey comments was added in April. The survey was open from March 8 to April 12, 2012 (5 weeks) and there were 155 respondents in total. The ACR bylaw consultation marked the first time that APEGBC has used the Bylaw Consultation Policy to gather member input on a proposed bylaw. Modifications and refinements to increase member participation will be considered to improve future consultation processes. Preliminary Survey Results While there were some concerns about the bylaw wording being unclear, these mostly seem to relate to its lack of precise rules, which was deliberate (55.5% felt it was “clear” or “very clear”; 23.7% “somewhat clear”). By its very nature, ACR benefits from being flexible and responsive to the needs of each case. It is hoped that some of the questions and concerns have now been addressed through the FAQ document that was developed in response to comments made by respondents and which is available online. Respondents were specifically asked

of the regulatory process, Council has approved a Bylaw Consultation Policy that establishes a consistent approach to gaining member feedback on proposed bylaws prior to a membership vote. In accordance with the Bylaw Consultation Policy, APEGBC sought member input on the proposed Alternative Complaint Resolution (ACR) bylaw. The approved Consultation Plan identified two key stakeholder groups that should be consulted regarding the proposed bylaw. The Discipline Committee recommended that information be provided to the membership on the bylaw and mediation in general, inviting member input, and that a short member survey be conducted. The Committee also recommended that input be sought from members of the legal community who have participated in mediations of discipline cases. The Consultation Process In 2008, the Engineers and Geoscientists Act was amended to permit Alternative Complaint Resolution of discipline cases. While the Act envisaged and authorized an ACR bylaw, as yet no bylaw exists. The bylaw will address common issues and considerations that are not covered by the Act . An overview of the information provided and consultation with the membership is set out below. • A brief introduction to APEGBC’s consultation policy for bylaws and a note to watch for an opportunity to provide feedback on the ACR bylaw was included in the February 2012 edition of APEGBC’s e-newsletter, Connections . • The survey was open on March 8, 2012. The opening of the survey was announced in Connections that day, and the link to the survey was placed on the website with corresponding

whether they support the proposed bylaw: 69.7% did, with only 7.6% opposed and

22.7% unsure. Next Steps

The Discipline Committee is reviewing the survey feedback and will consider the input when making recommendations to Council regarding the proposed bylaw wording, as well as the information to be provided to the membership as part of the bylaw vote. Feedback and comments from the legal community regarding the proposed bylaw wording will also be provided to the Discipline Committee for consideration. Final wording for the bylaw will be presented at the June 2012 Council meeting for approval. If the bylaw is approved by Council, a member ratification vote will be conducted in September 2012. The draft bylaw in its entirety, additional background information on mediation and negotiation, and an FAQ document are available online at: www. apeg.bc.ca/about/acr_bylaw.html. v

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