In a decision last month, the Supreme Court of Canada ruled that professional regulatory bodies can continue to suspend practitioners who fail to fulfil the continuing professional development (CPD) requirements it establishes. It’s a case that could inform the requirements and resulting policies of Canadian engineering regulators.
In a case heard before the Court in November 2016, Winnipeg lawyer Sidney Green challenged the Law Society of Manitoba’s requirement that its members complete 12 hours of CPD each year. When he failed to report any CPD in 2012 or 2013, the Law Society gave him 60 days to comply before suspending his licence to practise law in July 2014.
Green challenged the Law Society’s CPD rules, arguing that they have no statutory authority to make CPD requirements mandatory. He also argued that he was denied rights of natural justice and procedural fairness given that the effect of his administrative suspension was equivalent to one for misconduct, and yet it took place without a hearing or a right of appeal.
In its ruling released on March 30, 2017, the Supreme Court ruled 5-4 to uphold Green’s suspension, finding that the rules for CPD were in fact fair and that law societies are required to protect members of the public who seek legal services. CPD programs, the Court said, serve this public interest and enhance confidence in the profession.
The Court’s decision to uphold the lawyer’s suspension affirmed the importance of quality assurance in the context of one’s professional practice and confirmed that mandatory compliance with CPD programs should not be viewed as disciplinary or punitive.
While this case played out within the legal profession, its impacts on other regulated professions—including engineering—are clear.
“The Supreme Court has recognized that CPD programs are important to ensure practitioners adhere to accepted ethical and professional standards in their practices,” said Stephanie Price, P.Eng., CAE, Interim CEO of Engineers Canada. “They’ve also recognized that CPD programs serve the public interest too, by providing a mechanism for practitioners to demonstrably enhance their professionalism and increase the public’s confidence in them.”
Nine of the twelve engineering regulators in Canada require their licensees to complete CPD hours each year, while the remaining three regulators strongly encourage it.
“Professional education and self-improvement is a lifelong process and doesn’t finish when an engineering degree is obtained,” added Price. “To the engineering profession, CPD is an essential part of professionalism.”
CPD can focus on technical knowledge, leadership, management, and soft skills, with the overall goal of enhancing knowledge, skills, professional practice, and integrity. Many CPD programs are designed to incorporate learning outside the classroom and give credits for a range of educational activities, including conferences, self-assessments, and publications.
