Qualified Persons
04/05/2006
by -- Angus Ross
www.canadianbrownfieldsnetwork.ca
On October 1, 2006 the regulatory requirements governing Qualified Persons for filing Records of Site Condition under the Environmental Protection Act in Ontario drop into the sunset. The Ontario Government is working towards putting the new regulations in place, but what issues should they be looking at?
There are keen expressions of interest from groups of professionals currently not recognized as Qualified Persons to be included in the new regulations, and obviously there are current Qualified Persons who want to protect their existing position. As the government moves ahead, it must recognize that it will probably not make everyone happy but its decision should reflect the following elements.
The protection of public health and rehabilitation of contaminated lands through professional assessment of contamination, risk and remediation methods at a cost commensurate with the requirements of the public and private sectors.
A review of what is done in other provinces shows that nobody has yet come up with a totally successful model, but there are aspects that would be of benefit in future Ontario regulations.
Quebec has an interesting twist with its proxy for higher education, by accepting at least 10 years experience as a project manager in the assessment and rehabilitation of contaminated sites for degree-holders or 15 years for post-secondary education holders.
Meanwhile, British Columbia is considering the creation of the Society of Contaminated Sites Approved Professionals (CSAP) of B.C. This has the advantage of bringing all professionals under one roof where a single ethics code would apply and where consistency of results for brownfield stakeholders could be assured.
Apart from the above, the following are some ideas that could be considered in drawing up the new regulations:
Transparency - a roster list of current Qualified Persons should be made publicly available and kept up to date. Furthermore, when someone is removed from the list, the reason should be stated.
Protection -- Self-regulated professions offer an additional degree of protection, provided the profession is pro-active in weeding out unsatisfactory practitioners.
Liability Coverage -- A mandatory, minimum limit of professional liability coverage should be required. In this respect the views of the insurance industry will be vital; it would not be beneficial to bring in a profession as a Qualified Person if the professional liability costs for the individual signing off on contaminated sites are so high as to make it uneconomic.
One "master" examination -- Separate from any professional examination, this could be used to cover all professions accepted as Qualified Persons.
Continuing education sessions - Participation in a curriculum that runs under the auspices of the regulator or of the professional body is beneficial.
Recognition -- Today's site remediation is a multi-disciplinary exercise in which numerous professionals have a role to play. At the end, though, is a need for a single individual prepared to accept ultimate responsibility, and liability, for the site remediation.
As the sun sets on the Qualified Persons requirements, the time is right for the Ontario Government to provide a sign-off for future regulatory liability.
Finally, this is an ideal opportunity to bring about some degree (no pun intended) of lowering inter-provincial barriers in order to permit a Qualified Person from one jurisdiction to relocate and work in another without further qualifying requirements. Perhaps this would also be the time to bring in National (not Federal) standards and allow portability of labour across the country?
Angus Ross is the chair of the Canadian Brownfields Network Advisory Panel. For further information, visit www. CanadianBrownfieldsNetwork.ca.
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