Proposed Qualified Professional Reliance Model
Under the Infrastructure Projects Act, a Qualified Professional has a specific legal meaning. The meaning for this term will be set out in the rules (or “regulations”) made by the Province that explains:
- Who can be a Qualified Professional
- What they’re allowed to do
- How they’re expected to do it
These regulations are in development and part of our engagement on the Qualified Professional Reliance Model.
- What is a Qualified Professional
- The proposed Model
- Key components to establish the QP Reliance Model
What is a Qualified Professional?
In B.C., many laws and policies refer to professionals who are qualified to perform certain types of work. These professionals can provide expert advice, conduct assessments, and confirm if certain rules or technical requirements are met. They are typically registered with regulatory bodies under the Professional Governance Act (such as engineers, biologists, geoscientists). They can also be accredited practitioners whose qualifications are recognized by the Province or professional bodies (such as archeologists).
Qualified Professionals are primarily used in the natural resource sector, such as forestry, mining, and environmental protection, but they are also used in building and land development. As an example, the Riparian Areas Protection Regulation enables a Qualified Environmental Professional to prepare an assessment report that can help inform decision-making.
Each type of Qualified Professional has limits on what they can do, based on the laws that apply to them. Sometimes they give recommendations to the Province or certify that certain requirements are met. The final decision is often made by the Province.
The Proposed Model
An infrastructure project designated under the Infrastructure Projects Act can access up to six tools to help streamline decisions. One of these tools is the proposed Qualified Professional (QP) Reliance Model. It is designed to allow qualified individuals with specific professional experience to certify that the standards required to issue a permit have been met. For permits that are determined to be appropriate for this model, this new approach will speed up provincial permitting decisions.
Currently, projects submit permit applications for the Province to review. Under the proposed QP Reliance Model, a QP could provide a certification instead of waiting for a provincial decision.
The proposed QP Reliance Model is being developed following the principles and reforms outlined in the Professional Governance Act (PGA) and the Professional Reliance Review (PRR). These include a commitment to transparency and consistent standards for professional accountability. The model supports B.C.’s efforts to fulfill its duty to consult with First Nations and its core commitment to environmental, health and safety standards are maintained.
Key components to establish the QP Reliance Model
The QP Reliance Model will only apply to certain provincial permits and only certain professionals will be able to become QPs. Each time a provincial permit is replaced with a QP certification, the steps below will be followed. This will help build a “Permit Library” that can be used for future certifications.
Steps to establish the QP Reliance Model
Step 1: Identify a provincial permit that can be replaced with a QP certification.
For a provincial permit to be eligible for the QP certification process, the permit should be consistent with two proposed criteria:
- Permit has clear, objective standards
- Permit does not require significant interpretation or the exercise of judgement and/or discretion
The intent is to ensure that eligible QPs will have consistent, objective standards to determine whether to issue the certification. This will support consistent, evidence-based certifications by the QP.
Standards will be developed by the Province with support from the relevant regulatory body and, where applicable, traditional knowledge holders.
Step 2: Requirements for being a QP and procedures for enforcing standards
Once an eligible provincial permit has been identified, the Qualified Professional should meet one of the following proposed criteria:
- Belongs to a regulatory body under Professional Governance Act
or
- Possesses qualifications and/or professional oversight that is similar to requirements under the Professional Governance Act (e.g. specialized education, experience, and credentials in a relevant field)
or
- Possesses qualifications that are considered traditional knowledge (e.g. First Nations traditional knowledge holders)
The Province will work with regulatory bodies, interest-holders, and experts to determine what’s needed to qualify as a QP.
Potential requirements to be a QP could include:
- Being a member in good standing with their regulatory body (under the Professional Governance Act)
- Having the right professional qualification
- A minimum number of years of experience in their field of expertise
- Certifications/degree requirements and being up to date on all professional training
- Demonstrating they meet competency requirements
- Matching the competency requirements with the QP task or function
- Recognition of First Nations traditional knowledge and expertise
- Declaring conflicts of interest and following their regulatory body code of conduct
The Province will also work with regulatory bodies to develop appropriate compliance and enforcement procedures.
These could include:
- Auditing the QP’s certification
- Auditing the QP’s qualifications
- Requiring a certification assurance statement
- Removing QPs from the registry if they don’t comply
In addition to creating a ‘Permit Library’, government will establish a registry of pre-qualified QPs.