In the Professional Governance Act (PGA), section 58 outlines a Registrant’s “Duty to Report”. This means that if a Registrant has reasonable grounds to believe that any Identified Registrant of a regulatory body has engaged in regulated practice in a manner that may pose a risk of significant harm to the environment or to the health or safety of the public or a group of people, they must promptly report this to the Registrar of the Identified Registrant’s regulatory body.
Related PGA section 103 is titled “No Reprisals”. This section states that “a person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on or otherwise discriminate against a registrant” because that Registrant has reported a matter as described in section 58 (Duty to Report). Generally, this means that if a Registrant reports an incident, they cannot be unfairly penalized for performing their Duty to Report.
New OSPG Resources Available
The Office of the Superintendent of Professional Governance (OSPG) and the regulatory bodies under the PGA have developed supporting materials for Registrants to better understand section 103 (No Reprisals) in the PGA. The materials developed include:
- A new guidance document titled “Section 103 No Reprisals: Frequently Asked Questions” which includes information about what to do if a reprisal is taken against you, how a reprisal will be investigated and the potential penalties for taking a reprisal.
- A PDF titled “Section 103 Reprisal Framework: Has someone taken a reprisal against you?”. This document includes a framework of questions that registrants can use to help determine if someone has taken a reprisal against them.
- Webinar Recordings on Part 1: Registrant Reporting and Part 2: Section 58 Statutory Duty to Report, including the presentation slides.
All of these materials, as well as additional resources, are now posted on the OSPG website. Registrants are invited to familiarize themselves with the new materials.
AIBC’s Duty to Report, Upcoming Updates
It is important to note that in addition to the PGA Duty to Report, the AIBC also has a Duty to Report, which is found in Professional Standard 10.8 in the Code of Ethics and Professional Conduct. Professional Standard 10.8 lists six specific circumstances whereby Registrants must notify the AIBC in writing of incidents, ranging from breaches of the Code of Ethics, to being charged with an offence under the Criminal Code. All six circumstances are stated in Professional Standard 10.8 of the Code of Ethics and Professional Conduct.
It is anticipated that the AIBC will be publishing further explanatory information on the Duty to Report Professional Standard in Spring 2024. Updates will be posted on the AIBC website. If you have any questions about these requirements in the meantime, please reach out to practiceadvice@aibc.ca.