Getting our Act Together

1
Getting our Act Together

• College of Applied Biology Act and how it
  compares to the APBBC Constitution and Bylaws

2
Purpose

• To discuss the College of Applied Biology Act
• To examine changes between the CAB and the APBBC
  Constitution and Bylaws
• To talk about the future of the APBBC

3
Evolution of an Act

• 1979 APBBC formed
• 1980 Registered under Society Act
• 1983 Committee formed to draft Act
• 1988 Granted rights to RPBio title
• 1992 Looking good for legislation
• 2002 CAB Act passed
• 2003? Act brought into force by Reg

4
Mandates and Differences

• Self Assigning Society Act (APBBC)
• Government Assigning Specific Act
• Right to Practice ABCPF, APEGBC
• Right to Title BCIA, CAB

5
So, what exactly did we get?

• College of Applied Biology Act
• Self regulating profession status
• Right to title
• Legislation is drafted from a position of trust

6
Give me a practical example of how this differs
from before

• APBBC Board and committee authority limited to
  people who are present members of the Association
• CAB - Council and committee authority extended
  to anyone who is or was a member of the College

7
What am I a member of the College or of the
APBBC?

• All APB members automatically CAB members for the
  first year
• RPBio protected title under CAB Act.
• Membership in the APBBC will be optional

8
What can I be disciplined for?

• The two main areas of discipline action arise
  from are incompetence or unethical behaviour
• Incompetence - lack of ability
• Unethical behaviour - criminal activities,
  misrepresentations, etc
• Breach of the rules could be included in either
  of the above

9
What is to stop people from simply picking on a
particular biologist?

• Public interest does not mean there is no College
  interest
• Fairness must apply both to members of the public
  and the profession

10
Professionals and Conduct

• unprofessional conduct applies only to
  activities undertaken in the practice of applied
  biology and applies to all members of the college
• conduct unbecoming a practicing member does not
  have to be tied to the practice of applied
  biology and only applies to fully qualified
  practising members
• Either can be grounds for a discipline action

11
Whats new under the Act?

• Strict compliance
• Technicians and Technologists
• Government appointed Council Members
• Areas of membership input
• Practice Review and Audits

12
What is the difference between a discipline
investigation, a practice review and an audit?

• Discipline Investigation reactive
• Practice Review - preventive
• Audit - proactive

13
Membership Eligibility Criteria

• Act sets out categories of members and provides
  authority for Council to establish additional
  categories and sub-categories
• Act provides for Council to set eligibility
  criteria for membership
• Eligibility - Technologists and Technicians

14
How is government involved with our activities?

• Government writes and passes the CAB Act
• Public interest means government (lay) appointees
  on Council
• Public appointees to be treated the same as
  elected members
• Government has no further involvement

15
If the College looks after RPBios, what will the
APBBC do?

• CAB does what the Act says it will do
• APB does what the members say it will do

16
Who decides what issues the APBBC will tackle?

• CAB sets out that APB can not get involved with
  governance of College members
• APB members will decide the role of the APB vis a
  vis issues such as advocacy
• Definition of advocacy the pursuit of
  influencing outcomes

17
Foresters Act practice definition

• "practice of professional forestry" means, for
  fees or other remuneration, advising on,
  performing or directing works, services or
  undertakings which, because of their scope and
  implications respecting forests, forest lands,
  forest resources and forest ecosystems, require
  the specialized education, knowledge, training
  and experience of a registered member, enrolled
  member or special permit holder, and includes the
  following
• (a) planning, advising on, directing, approving
  methods for, supervising, engaging in and
  reporting on the inventory, classification,
  valuation, appraisal, conservation, protection,
  management, enhancement, harvesting, silviculture
  and rehabilitation of forests, forest lands,
  forest resources and forest ecosystems
• (b) the preparation, review, amendment and
  approval of professional documents
• (c) assessing the impact of professional forestry
  activities to
• (i) verify that those activities have been
  carried out as planned, directed or advised,
• (ii) confirm that the goals, objectives or
  commitments that relate to those activities have
  been met, or
• (iii) advise or direct corrective action as
  required to conserve, protect, manage,
  rehabilitate or enhance the forests, forest
  lands, forest resources or forest ecosystems
• (d) auditing, examining and verifying the results
  of activities involving the practice of
  professional forestry, and the attainment of
  goals and objectives identified in or under
  professional documents
• (e) planning, locating and approving forest
  transportation systems including forest roads
• (f) assessing, estimating and analyzing the
  capability of forest lands to yield a flow of
  timber while recognizing public values related to
  forests, forest lands, forest resources and
  forest ecosystems

18
College of Applied Biology Act -

• "applied biological science" means a biological
  science, including botany, zoology, ecology,
  biochemistry and microbiology, if the biological
  science is applied to the management, use,
  conservation, protection, restoration, or
  enhancement of
• (a) aquatic or terrestrial ecosystems, or
• (b) biological resources within these ecosystems
• "applied biology" means the application of the
  applied biological sciences, including collecting
  or analyzing inventories or other data or
  carrying out of research or assessments, to
  design, evaluate, advise on, direct or otherwise
  provide professional or technical support to
  projects, works, undertakings or field practices
  on public or private lands, but does not include
• (a) pure scientific research, or
• (b) teaching
• 2 (1) This Act, other than sections 12, 35 and
  36, does not apply to a person who is not a
  practising member, trainee, member of the college
  or an applicant.
• (2) A provision in another enactment that
  restricts the practice of another profession or
  occupation to members of a professional or
  occupational body does not restrict the capacity
  of a person to practice applied biology under
  this Act and the rules.

19
CAB Conduct definitions

• "conduct unbecoming a practising member" means
  conduct of a practising member that
• (a) brings the college or its members into
  disrepute,
• (b) undermines the scientific methods and
  principles that are the foundation of the applied
  biological sciences, or
• (c) undermines the principles of stewardship of
  aquatic and terrestrial ecosystems and biological
  resources
• "professional misconduct" means misconduct by a
  member of the college relating to the performance
  of duties undertaken while engaged in applied
  biology, and includes a breach of the rules