The PGA section 58 requires registrants to report the practice of an identified registrant when there is reasonable and probable grounds to believe that the identified registrant’s practice may pose a risk of significant harm to the environment or to the health and safety of the public or group of people.  This reporting duty extends to an employer or partner of an identified registrant when employment or partnerships are impacted because of the risk of harm from the identified registrant’s practice.

The ethical obligation for professionals to raise concerns about another professional’s conduct or practice is well established in code of ethics and is an important role that professionals play to protect the public interest. While this ethical obligation remains, the new statutory duty to report is important to understand. Key aspects of the statutory duty in section 58 include:

• A requirement to report on any other registrant governed under the PGA, not just within one’s own profession.
• The duty extends to employers and partners if they terminate employment or revoke or suspend the registrant’s privileges or dissolve a partnership with the registrant.
• The requirement is triggered in situations where a registrant’s practice may pose a risk of significant harm to the environment or to the health or safety of the public. This requires contextual analysis – what is or is not significant harm can not be pre-determined.
• The potential harms must be linked to an identified registrant engaged in their regulated practice.
• Persons who meet their duty and make reports are protected from reprisals.
• Failure to meet the duty has clear penalties for not reporting.

OSPG has developed guidance and expectations for regulatory bodies regarding the duty to report and reprisal protections. More information can be found in OSPG Guidance: Duty to Report and Reprisal Protection.

More information to help registrants and employers or partners of registrants understand their duty can be found here.

Registrant Reporting and the Statutory Duty to Report Training Materials

The Office of the Superintendent of Professional Governance is pleased to provide training on the reporting requirements, including the statutory duty to report, under the Professional Governance Act (PGA).

The training is accessed through two webinar recordings and supporting materials. Part 1: Registrant Reporting, focuses on the similarities and differences between the reporting requirements under the PGA and the rational for why statutory reporting requirements were included in the PGA. Part 2: Section 58 Statutory Duty to Report, provides guidance and a framework of questions for registrants to help them identify if the statutory duty to report has been triggered and scenarios to work through.

Webinar Recordings:

•  Part 1: Registrant Reporting
• Part 2: Section 58 Statutory Duty to Report

Supporting materials:

• A new guidance document title “Duty to Report: Framework Questions, Scenarios, and Frequently Asked Questions” which includes the detailed framework questions, additional scenarios and frequently asked questions.
• A pdf copy of the slide deck presented in the webinar recordings.
• A standalone pdf copy of the slide that contains the questions that must be answered to determine if the Statutory Duty to Report has been triggered.

Regulatory bodies listed in schedule 1 of the PGA may allow registrants to use this training for continuing education hours. Please confirm with your regulatory body the amount of continuing education hours you can record for this training.

Section 103 No Reprisals

The Office of the Superintendent of Professional Governance is pleased to provide supporting materials on Section 103, No Reprisals of the Professional Governance Act (PGA). The supporting materials 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 copy of a slide titled “Section 103 Reprisal Framework: Has someone taken a reprisal against you?”. This slide includes a framework of questions that registrants can use to help determine if someone has taken a reprisal against them.

Sections 58(4) and 58(5), Duty to Report – Employers, Partners, and Associates

The Office of the Superintendent of Professional Governance is pleased to provide supporting materials on sections 58(4) and 58(5) of section 58, Duty to Report, which focuses on the reporting obligations of employers, partners, and associates of registrants under the Professional Governance Act. The supporting materials include:

• A frequently asked questions document titled “Duty to Report: Sections 58(4) & 58(5) Frequently Asked Questions” which includes information on how to determine if you must make a report about an identified registrant under section 58 duty to report and how to make a report.
• A pdf copy of a power point slide titled “Duty to Report: Sections 58(4) & 58(5), Employers, Partners & Associates Question Framework”.  This slide includes a framework of questions that employers, partners, and associates can use to help determine if their reporting obligation under section 58 has been triggered.