Duty to Report

Overview

Registrants play an important role in protecting the public interest.

Registrants, including registrant firms, have a duty to report situations where the regulated practice by another registrant or other person, including a firm, may pose a risk of significant harm to the environment or to the health or safety of the public, or where another person, including a firm, is engaged in practices or has made decisions that are illegal or unethical.

The duty to report is set out in the Professional Governance Act and in the Code of Ethics. Specifically, the ethical obligation to report is established in Principle 9 of the Code of Ethics. The statutory duty to report is found in section 58 of the Professional Governance Act.

Failure to meet the duty to report is a breach of the Professional Governance Act and the Code of Ethics and may be grounds for disciplinary action.

Engineers and Geoscientists BC treats every report made under a registrant’s duty to report as a complaint.

To make a report, please submit a complaint.

Ethical and Statutory Duty to Report

The duty to report under the Code of Ethics and under section 58 of the Professional Governance Act are closely related:

• Both require registrants to report risks of significant harm to the environment, or to the health or safety of the public or a group of people.
• The Code of Ethics additionally requires reporting illegal or unethical practices by any other person or firm.
• The statutory duty to report also extends to non-registrants who are employers or partners of registrants. Employers or partners must report when employment or partnerships are impacted because the registrant’s practice poses a risk of significant harm.

For more information on the ethical and statutory duty to report, see section 4.9.3 of the Guide to the Code of Ethics.

Reprisals are Prohibited

A reprisal is an act of retaliation against a registrant for complying with their duty to report. Section 103 of the Professional Governance Act prohibits anyone from intimidating, coercing, penalizing, or discriminating against a registrant for making a report.

Taking any form of reprisal against a registrant for making a report is an offence under section 106 of the Professional Governance Act.

Reporting Considerations

The most appropriate way for registrants to discharge their duty to report will vary according to the specifics of the situation. For guidance on reporting considerations, see section 4.9.6 of the Guide to the Code of Ethics.

If you have questions when considering making a report, please contact [email protected]. If you have questions about the complaint process, contact [email protected].

Resources

The duty to report is established in:

• Section 58 of the Professional Governance Act
• Principle 9 of the Code of Ethics in Schedule A of the Bylaws

Below are helpful resources that provide additional guidance on your duty to report:

• Duty to Report Guidance as well as guidance on the reprisal prohibition from the Office of the Superintendent of Professional Governance
• Guide to Code the Ethics, see section 4.9 Duty to Report
• Regulation of Firms Permit to Practice Manual, see section 4.14 Duty to Report

Have a question about considering when to report? Contact [email protected].