Engineers have a special responsibility to protect the public interest, not only in their own work, but also while observing the work of others. As registrants of an engineering regulator, engineers are legally obligated to report unsafe conduct, activities or behaviours of others that could pose a risk to the public or the environment. This ethical requirement is known as the duty to report.
Understanding this concept, the role engineers play, and the process of reporting can be complex. The Canadian Engineering Qualifications Board’s Guideline on the Duty to Report is intended to help engineers, engineering firms, and others better understand their duty and options with respect to reporting certain behaviour, conduct, or activity. The guideline provides an overview of the role of regulators and registrants, when a report could and should be made, how to report, and potential consequences and challenges.
Most regulators in Canada currently include in their Code of Ethics an expectation that registrants must report to their regulator, or to other appropriate authorities, regarding certain conduct by registrants or others. While specific reporting criteria differs by jurisdiction, this generally includes conduct that is unethical, illegal, and/or unsafe.
Types of reporting
There are two types of reporting which exist that collectively make up regulatory reports. A mandatory report requires an individual, by law, to make a report. This legal requirement will often include or dictate the circumstances under which a report must be made, a time period in which this report must be made and the nature of the report. Meanwhile, a permissive report has no legal requirement for a person to make the report. However, the person is permitted (and/or encouraged) to make the report if they believe that it is reasonable to do so.
These reports help facilitate or encourage risky or problematic conduct being brought to the attention of authorities with jurisdiction to mitigate the risk and protect the public. Registrants should refer to their respective regulator’s current legislation, by-laws, and policies to determine whether reporting in a specific circumstance is mandatory or permissive.
What should/could engineers report?
While providing professional services, or sometimes even outside of their professional roles, engineers may become aware of various circumstances or conduct by another registrant that could pose a risk to the public. The following are examples of circumstances where a regulator may determine that a regulatory report is required or encouraged:
- Criminal proceedings or findings
- Civil proceedings or findings
- Regulatory investigations, proceedings, or findings
- Competence
- Unethical or unprofessional conduct
- Fitness to practice
The guideline further expands on these examples and general considerations when thinking about what could/should be reported.
Registrants who are uncertain about whether to make a report can look to their regulator or other appropriate regulatory body’’s legislation, by-laws, and published guidance related to reporting. Registrants may also seek guidance from their regulator or other regulatory body directly with respect to when a report is required or encouraged, or seek legal advice. The guideline also provides guidance on the process of reporting.
Regulatory reports are an important professional and ethical obligation that engineers must abide by in order to do their part to safeguard the public interest. While the guideline provides general guidance and best practices, engineers should always consider the best practices in conjunction with the specific requirements of the jurisdiction(s) in which they are registered to practice engineering.
Read the Guideline on the Duty to Report to learn more.
