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DEVELOPMENT OF A NEW “LICENSED” ENVIRONMENTAL PROFESSIONAL (LEP) SYSTEM IN BC. Roster Steering Committee/ LEP Subcommittee. Background - Understanding Terminology. Professional Expert (1999) = Approved Professional (2004) à SEP?? (2005)

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development of a new licensed environmental professional lep system in bc

DEVELOPMENT OF A NEW “LICENSED” ENVIRONMENTAL PROFESSIONAL (LEP) SYSTEM IN BC

Roster Steering Committee/

LEP Subcommittee

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology
Background - Understanding Terminology
  • Professional Expert (1999) = Approved Professional (2004) à SEP?? (2005)
    • “Professional Experts” and “Approved Professionals” are the same
      • currently appointed by the Director (MWLAP) to a “Roster” maintained by MWLAP
    • The Roster is not independent of MWLAP; governance is through the Roster Steering Committee (RSC), which is also appointed by MWLAP (until recently)
    • Under the future system “Approved Professionals” will not be appointed by MWLAP

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology1
Background - Understanding Terminology
  • “LEP” is an interim term that has become common in BC in reference to a new review system being developed for contaminated sites
  • “LEP” originates from the Minister’s Advisory Panel report that recommended a “stand-alone and independent system of Licensed Environmental Professionals”

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology2
Background - Understanding Terminology
  • The term “LEP” is inaccurate; the system being put forward is not a stand-alone system, nor will the professionals be “licensed” in that sense
  • nevertheless, for purposes of this presentation, will continue to use “LEP” for continuity, but at some point it will change

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology3
Background - Understanding Terminology
  • “Hybrid System” – proposed system is not a true standalone system as recommended in the Panel Report, but will be much more independent than the current Roster system

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology4
Background - Understanding Terminology
  • The scope of work for the new LEP system is similar to that currently in place today, however will also include risk managed sites
    • LEP’s will make recommendations to MWLAP, with respect to non-high risk sites, who will then go through the administrative process of issuing the regulatory instruments
    • Quality control/assurance (QA/QC) will be managed within the new system by the Board, not MWLAP as it currently is

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology5
Background - Understanding Terminology
  • Audit (former MWLAP terminology) = Quality Review (current terminology by MWLAP) = Performance Assessment (LEP Framework Document)
    • A percentage of the Roster submissions (currently 10%) randomly selected for detailed technical and administrative review by MWLAP (now also RSC)
    • The primary means of achieving QA/QC
    • Formerly disciplinary in nature, present emphasis is on education (consistent with future direction also)

MWLAP Contaminated Sites Workshop - September 28, 2004

background understanding terminology6
Background - Understanding Terminology
  • Options for Proponents:
    • Ministry Review
      • As of July 15, no longer available for sites eligible for Roster or External reviews (defined by “Protocol 6”)
    • External Review
      • As of Nov 1, this option will no longer be available for sites eligible for Roster review
    • Roster Review
      • As of Nov 1, will be the only option for eligible sites
      • In the future, will be the only option for “non-high risk” sites

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development timeline
LEP Development Timeline

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development input
LEP Development Input
  • LEP Advisory Group (representatives of industry stakeholders – CPPI, BCEIA, COFI, UDI, UBCM, Mining, Utilities, Cement Association of Canada, Insurance Bureau of Canada)
  • Public Opinion Survey (input received from MWLAP, roster, owners, practitioners, etc.)
  • Directly from RSC/Roster Approved Professionals
  • Roundtable (representatives from LEP AG, LEPSC, UBCM, Environment Canada, BCIA, CAB, SAB, APEGBC, RSC)
  • Public Review and Comment

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development key documents
LEP DevelopmentKey Documents
  • Considerations Document (http://www.apeg.bc.ca/aboutus/cs/documents/CSRSC-Report-WallysFinal.pdf)
  • Results of Survey (http://www.apeg.bc.ca/aboutus/cs/LicensedEnvironmentalProfessional.html)
  • Final Recommendations Letter (http://www.apeg.bc.ca/aboutus/cs/contam-sites.html)
  • Draft Framework Document (http://www.apeg.bc.ca/aboutus/cs/contam-sites.html)

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development framework document
LEP Development – Framework Document
  • Wally Braul contracted to create a framework document to guide Stage 3 work (detailed design)
  • Currently out for public comment (due Sept 30)
    • Comments on interactions and basic workings to help guide Stage 3, not fundamental aspects (e.g., ‘don’t like hybrid system’)

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development framework document1
LEP Development – Framework Document
  • Some suggestions to keep in mind while reviewing the document:
    • For non-high risk sites, interface with MWLAP will be through the LEP system; what are implications with respect to interactions with MWLAP today and how/where would it be incorporated?
    • What are implications to business transactions, and how can they be best addressed?
    • How will LEP’s be engaged?
    • When is it okay for an LEP to “self-assess” vs. require fresh review by others?

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview legal foundation
Framework Overview - Legal Foundation
  • Society under the BC Society Act determined to be best (not perfect) vehicle
  • Can establish principal elements (supervisory board, setting qualifications, administering procedures, performance and conduct)
  • No viable alternative identified (considering implementation timeline)

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview supervisory board
Framework Overview – Supervisory Board
  • Proposed 12 member board (11 voting)
    • 3 eligible APEGBC members
    • 2 eligible BCIA members
    • 2 eligible CAB members
    • 1 position reserved for qualified environmental professional not eligible for APEGBC, BCIA or CAB
    • 1 position for an industry rep
    • 1 position for a local government rep
    • 1 position for environmental NGO group
    • 1 position for MWLAP (non-voting)

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview supervisory board functions
Framework Overview – Supervisory Board Functions
  • Everything the current RSC does, but including:
    • Performance assessments
    • Public complaints
    • Discipline
    • Development/implementation of practice guidelines
    • Member/prospective member education/qualification
    • Dialogue with MWLAP on possible future expansion of role of LEP\'s

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview society membership
Framework Overview – Society Membership
  • Analogous to current requirements for Approved Professionals
    • Member of APEGBC, BCIA or CAB (or other organization recognized by the Board)
    • Demonstrated practice experience in the field
    • Successful completion of a written exam on regulatory and technical aspects
    • Acceptance by Board

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview types of lep s
Framework Overview – Types of LEP\'s
  • Recognizing the importance of an option for risk assessment in management of contaminated sites, there must be LEP\'s with expertise in this area
    • LEP\'s will be able to be qualified technically in the area of risk assessment and/or numerical assessment

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview types of lep s1
Framework Overview – Types of LEP\'s
  • Considered the option of having distinct recognisable categories of LEP\'s, but the draft framework favours a ‘lead LEP’ approach
    • single point of contact/contract for Owners
    • avoid potential issues pertaining to perceived gaps or overlapping areas of responsibility
    • lead LEP will be required to seek input from LEP\'s qualified in area of expertise required.

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview types of lep reviews
Framework Overview – Types of LEP Reviews
  • Assessment of own work (“Self Assessment”) vs. fresh review by another LEP
    • ‘Self assessment’ refers to LEP Joe/Jane planning the work, writing the report, then submitting it directly to MWLAP for issuance of an instrument with no further review
    • ‘Fresh review’ refers to LEP Joe/Jane planning the work, writing the report, then giving it to the LEP in an office or company next door for their review and ultimately that LEP makes the submission to MWLAP

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview types of lep reviews1
Framework Overview – Types of LEP Reviews
  • Recommendation is a combination of both, with line between to be determined in Stage 3 and reviewed periodically by Board
  • Suggested that self assessment be allowed in situations where environmental and liability implications are relatively low, and fresh review in other circumstances
    • e.g., Determination vs. impacts extending onto neighbouring properties

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview qa qc
Framework Overview – QA/QC
  • QC achieved by development of Practice Guidelines
    • e.g., type of review, conflict of interest, involvement of others, etc.
  • QA achieved by Performance Assessments
    • Need to develop clear framework for what will be assessed, and consider how completed, by who, frequency, timelines, differing professional opinions and conflict resolution

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview public complaints discipline
Framework Overview – Public Complaints/Discipline
  • It is not expected this to be a highlight feature of the new system, but need to ensure that the appropriate mechanisms are in place

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview liability
Framework Overview – Liability
  • This is a significant issue for practitioners
    • Potential issues include 3rd party reliance, availability/affordability of insurance (particularly for small practices)
  • Also a concern for future Board members

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview liability1
Framework Overview – Liability
  • Should be an important area of attention for Stakeholders also
  • Draft framework recommends that current requirement for $2M coverage be dropped, and replaced by mandatory disclosure to clients
  • More analysis required, but initial protection likely by combination of insurance (omnibus?), and mandatory(?) contract language

MWLAP Contaminated Sites Workshop - September 28, 2004

framework overview finance
Framework Overview – Finance
  • Need to predict annual budgets
  • Need to establish interaction mechanics for cash flow/financing/sharing
  • Inputs may include:
    • LEP membership fees and exam fees (LEP Board)
    • Operating grants, fees for contaminated sites services (MWLAP)
  • Outputs may include:
    • Salaries (administrator/executive), Board expenses, exam development, performance assessments, accounting and legal support, office and overhead

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development next steps
LEP DevelopmentNext Steps
  • Broadly speaking, the next steps fall into one of four categories
    • Establishment of the society and bylaws, groundwork for first Board and rollover of existing RPE’s
    • Development of guidelines for practice, performance assessment
    • Development of written exams and establishment of requalification/renewal process
    • Establishment of a financial model – first year budget, 3 to 5 year budget forecast, the mechanics of money in/money out, etc.
  • In addition, issues related to liability and/or insurance needs to be addressed

MWLAP Contaminated Sites Workshop - September 28, 2004

lep development next steps1
LEP DevelopmentNext Steps
  • Comment period ends Sept 30; a revised draft will be reviewed by RSC mid-October(ish) with target to finalize document and issue to Director at end of October(ish); goal for implementation is still April 1, 2005
  • Because of aggressive time line for implementation, the RSC intends to proceed with detailed development of some components of the framework (i.e., Stage 3) concurrently with review of comments received on the framework (e.g., establishment of society)

MWLAP Contaminated Sites Workshop - September 28, 2004

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