How can a Biologist report an engineer if the biologist has no engineering training? (New)
Section 58 of the PGA places a statutory duty on a registrant to promptly report to the identified registrant’s regulatory body if they have reasonable and probable grounds to believe that an identified registrant is engaged in the 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.
While it is acknowledged that those reporting on the technical practice of another registrant should also have knowledge in that field, all registrants operate under consistent ethical and professional conduct standards and are expected to identify when those standards are not being met by another registrant in a manner that may pose a risk of significant harm.
If a registrant is unsure of whether they should be reporting, they may seek advice from their own regulatory body or the regulatory body of the identified registrant.
An employer/partner may seek advice from the Office of the Superintendent of Professional Governance or from a regulatory body.
What protection is there for those who have reported under the duty to report obligation? (New)
Reprisal protections can be found in section 103 (No Reprisals) of the PGA.
The intent behind the creation of the statutory duty to report is to overcome barriers to professionals reporting (e.g. reluctance of reporting or fear of reprisals) and the PGA lays out clear actions that can be taken by regulatory bodies and OSPG to address allegations of reprisals.
In government we frequently see consultant reports done beyond the professionals’ area of expertise. Does this fall under duty to report, and can we or are we required to report? (New)
Government registrant staff should consider if the work of the registrant consultant is beyond the consultant’s realm of expertise and triggers the significant harm aspect under section 58 of the PGA. If so, registrants should notify the regulatory body, following any additional guidance set out by their ministry to support such reporting.
Included in the updated Register criteria, registrants will have to declare their areas of practice which will also serve as a new accountability mechanism so they do not take on work outside these specified areas (also encompassed in the Code of Ethics).