The Professional Governance Act (PGA) legislates key elements of professional governance, including the framework under which of regulatory bodies establish their bylaws. This approach is intended to support transparency, accountability and public confidence in the governance of regulatory bodies. The OSPG has been working collaboratively with the five regulatory bodies affected by the PGA to prepare bylaws which will be both consistent with the PGA and allow regulatory bodies to meet the specific needs of their respective professions. All regulatory bodies are transitioning to PGA-compliant bylaws immediately after the PGA is brought into force.

Bylaw Development Process

  • Since fall 2019, OSPG has been working with regulatory bodies to set out policy guidance in respect of key subject matter that must be addressed in bylaws including:
    • Standards of conduct and competence
    • Regulatory body registers
    • Complaints and discipline
    • Information to be made publicly available
  • Regulatory bodies have been preparing draft bylaws based on OSPG’s policy guidance and their own unique experiences regulating their respective professions.
  • Drafts have been shared with Superintendent and OSPG staff for feedback to ensure the bylaws are consistent with the PGA, meet the objectives of transparency and accountability, and consider the perspective of fairness to registrants.
  • Once the regulatory bodies are satisfied the bylaws meet the needs of their organizations and the Superintendent is satisfied that the bylaws are suitable, the bylaws will be brought into force.

Bringing bylaws into force

  • Prior to implementation of the PGA, many of the affected regulatory bodies required member ratification in order to adopt changes to bylaws. The professional reliance review identified member ratification as an outdated approach that may prevent regulatory bodies from doing their jobs effectively and in the public interest.
  • The PGA gives councils the authority to make bylaws by resolution without registrant ratification. Councils use various methods to engage registrants as part of the bylaw development process.
  • Bylaws adopted by councils are brought into force under the PGA in accordance with sections 37 and 38:
    • Council must deliver bylaws to the Superintendent for a suitability review.
    • If the Superintendent has determined that the bylaws are suitable, the bylaws must be filed with the Minister (of Attorney General) within 45 days. It is expected that dialogue noted above in respect of early drafts will facilitate an efficient finding of suitability by the Superintendent.
    • The new bylaws come into force 45 days from the date they are filed with the Minister.
  • When the PGA was initially brought into force, regulatory bodies worked with OSPG to bring bylaws into force on a faster timeline than noted above, using the Superintendent’s power set out in section 38(1)(a). This approach provided that regulatory bodies were able to operate under PGA compliant bylaws without delay.

Bylaws filed and in-force under the PGA