Adding Regulatory Bodies
The Superintendent can designate other professional regulators as regulatory bodies under the PGA once the relevant sections of the PGA are implemented. There is no timeline for adding additional regulatory bodies but this authority is not expected to be exercised until the five professional regulators named in the PGA have been established as regulatory bodies following the implementation phase in Fall 2020.
Why designate additional regulatory bodies?
The PGA provides a consistent governance framework for self-regulating professions that incorporates best practices of professional governance. The establishment of the OSPG also provides a dedicated, centralized resource to administer the legislation and develop guidance and best practices for professional governance. Designating new regulatory bodies may bring other currently regulated professions under the PGA or may add professions that lack a regulatory framework.
The Superintendent’s recommendation on whether to designate a professional regulator as a regulatory body under the PGA must be based on whether the designation is in the public interest. Professional self-regulation addresses risks to the public and environment from incompetent and unethical practice of a profession. Criteria for determining whether it is in the public interest to include a profession under the PGA or grant rights for self-regulation of a profession typically consider the risks of professional practice, impacts to the costs of professional services, and benefits to the public and environment from self-regulation. These types of criteria may be considered as the basis for the Superintendent’s recommendation.
Responsibilities and costs of potential regulatory bodies
Applicants will be required to provide information to the Superintendent. They may also be required to submit a fee. The Superintendent may use this information to determine whether to conduct an investigation, such as a profile of what clients are served by professionals, the degree to which professionals exercise independent judgment in their practice, public (as opposed to professional) benefits of self-regulation, and other relevant information. Any costs of preparing an application and gathering any further information would be the responsibility of the applicant.
Regulatory bodies under the PGA are required to serve and protect the public interest with respect to the governance of the profession. This duty entails forming the required council and committees, developing required bylaws, holding annual general meetings, setting and enforcing registration standards, developing practice standards and guidelines, conducting practice reviews and audits, responding to complaints, and taking appropriate enforcement actions. Regulatory bodies, in addition to their council and committees, need to support staff to run operations of the regulatory body such as annual fee collection. Applicants should consider whether their professionals can support self-regulation through their fees.
The PGA will also allow the Superintendent to make recommendations on whether to amalgamate existing regulatory bodies. The Superintendent can consider amalgamations of regulatory bodies that are governed under the PGA either on request, or on the Superintendent’s own initiative.