The Riparian Areas Regulation

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The Riparian Areas Regulation

• Association of Professional Biologists of BC
• May 2007

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The Riparian Areas Regulation

• RAR determines riparian protection requirements
  for urban and rural developments near
  watercourses with fish and uses a Professional
  Reliance Model
• Qualified Environmental Professionals (QEPs)
  outside of government conduct an assessment using
  an objective methodology to provide consistent
  outcomes and site specific advice
• QEPs provide more discretionary advice suited to
  the specific site in determining measures to
  protect the integrity of the riparian setback
• Developers pay (directly or indirectly) costs for
  environmental assessment of their project

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Desired Outcomes of Results Based/Professional
Reliance Model

• Good decision making based on best available
  science, law and policy
• Clear, consistent and timely decisions
• Measurable, repeatable and independent of
  observer
• QEP outside of government making decisions
• Greater focus by government on monitoring for
  compliance and effectiveness
• Professionalism is valued and rewarded

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Liability under RAR

• The RAR is a due diligence model
• Tools and mechanisms are in place to reduce the
  probability of failure and hence reduce the
  liability of all parties involved in
  implementation
• To ensure Due Diligence
• Developers must hire a QEP and follow the results
  and recommendations in their Assessment Report
• Local Governments must have bylaws or policies in
  place to meet the directions in the regulation
• QEPs must stay within their area of expertise and
  follow the objective methodology

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Who is a QEP under RAR?

• QEPs must be a member in good standing of a
  Professional Association governed by an Act in BC
  with a code of ethics and disciplinary procedures
• QEPs self-assess that they have the skills and
  experience required to conduct components of the
  methodology

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Obligations of QEPs in conducting a RAR Assessment

• Conduct the Assessment Methods as written in the
  regulation
• Engage other professionals when necessary
• Clearly communicate results of their Assessment
  Report to their client
• Submit Assessment Reports to RAR notification
  system
• Make the required certifications/opinion on
  notification system
• Monitor the project during development
• Submit a post development report on their
  clients compliance with the Assessment Report
• It is strongly recommended that QEPs advise
  their clients of this requirement

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Sign off by QEPs

• Requirement of section 4 of the regulation
• Qualified to conduct the assessment
• Followed the assessment methods
• That there will be no HADD if
• Development follows the results of the report or,
• Development proceeds as planned with Local Govt
  Flex or DFO Letter of Advice
• Sign off at each part indicated in the report
  template by QEP who has conducted that assessment
  component, and all QEPs at the end of the report
  (keep signed and sealed copy in records)
• Check sign off statements on RAR Notification
  System
• The certifications and professional opinions
  provided by the QEP will be relied on by MOE, DFO
  and the local government.

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How QEPs can Mitigate Liability

• Work to the professional Standards set by College
• Work within your area of expertise
• Follow the Assessment Methods
• Take the available training
• Carry professional insurance
• Exercise Due Diligence by
• Clearly understand the objectives
• Ensuring all legal requirements are met
• Collecting and using information correctly
• Seeking expert advice where required
• Documenting your decisions

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QEPs working with Clients

• As stated in the CAB Code of Ethics
• To maintain professional integrity professional
  judgement is not influenced by non-biological
  considerations
• Will not knowingly engage in illegal work or
  cooperate with those who are so engaged
• Undertake only assignments for which they are
  qualified and will seek engagement of qualified
  specialists as required
• Advise clients of any adverse consequences to be
  expected if they do not follow your advice

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Performance Year 1

• 92 of QEPs are R.P.Bio.

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Performance Year 1
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Tools to Assist QEPs Compliance with RAR

• Training on Assessment Methods
• Standard Report Templates
• Checklist for Report Review
• Top Ten Common Errors
• Case Studies of RAR reports
• Sample Reports (Simple and Detailed)
• FAQ
• http//www.env.gov.bc.ca/habitat/fish_protection_a
  ct/riparian/riparian_areas.html

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Review of Reports

• Up to May 2007 all Assessment Reports were
  reviewed for consistency with the Assessment
  Methods
• 10 working day response time for message
  identifying the report is compliant or needs
  revision
• Currently phasing in filtering of reports
• Reports by QEPs who have met performance criteria
  on submitted reports will not be reviewed and
  will proceed immediately to Local Government
  approval stage
• Reports by QEPs who have not yet met performance
  criteria will continue to be reviewed and wait 10
  period for message
• A subset of all reports will be audited for
  compliance every year

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Compliance Monitoring of RAR

• Using the Conservation Corps agencies will be
  checking
• QEP compliance with Assessment Methods
• Developer compliance with Assessment Reports
• Track compliance rates and patterns as part of
  overall adaptive review of the model

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Approach to Non-Compliance with RAR

• Conservation Corps findings of individual
  non-compliance will be validated by qualified
  agency staff
• Approach taken will depend on the severity of any
  environmental damage and which agency is best
  able to action it (Protocol of Interaction)
• Emphasis at this stage is on education and
  promoting compliance

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CAB/APB Roles in RAR

• College
• Protect the Public interest by governing members
  according to Act and rules
• Ensure integrity, objectivity and expertise of
  members
• Respond to complaints
• Cooperate with other professional associations
• Meet annually with the MOE and DFO

• Association
• Provide member input to government
• Share government information with members
• Facilitate education and workshops for members
• Promote the profession with the public and client
  groups

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Questions?