Ministry of Northern Development and Mines
March 7, 2000 - 133
Ontario Proposes Legislation to License Province's
Geoscientists
The Ontario Government has opened public consultations
on draft proposed legislation that would create a
self-regulating body of professional geoscientists in
Ontario, Tim Hudak, Minister of Northern Development and
Mines, announced today.
"The licensing of Ontario's geoscientists will reinforce
this province's position as one of the safest, most
attractive places in the world for mining investment,"
Hudak said at Mining Millennium 2000, an international
mining convention running this week in Toronto. "It will
enhance the professional standing of our geoscientists,
better protect the public and enhance investor
confidence."
The draft proposed legislation responds to February 1999
recommendations of the Mining Standards Task Force, a
joint committee of the Ontario Securities Commission and
Toronto Stock Exchange (TSE) set up in the wake of the
Bre-X scandal. The legislation would create a
self-regulating body to establish professional standards
and help safe-guard the public against unskilled or
unethical actions. The body would designate “qualified
persons” to review and approve any mineral exploration
results to be made available to the public.
Maureen Jensen, director of mining services for the TSE,
applauded the draft legislation and said it would
reinforce Ontario's position as a leading international
centre for mine financing. "It will strengthen public
and investor confidence in the mining industry and the
securities market," she said.
"The Ontario government has demonstrated that it is
prepared to work with the geoscience community to
enhance professional standing and accountability, and to
protect the public,” said William Pearson, president of
the Association of Geoscientists of Ontario. The draft
proposed legislation meets a commitment made to
Ontario's geoscientists that the government would help
them establish a self-regulating professional
organization, added Pearson.
A consultation period, during which all groups affected
by this legislation may have their voices heard, will
run until April 20.
"Ontario has one of the largest and strongest geoscience
communities in the country," Hudak said. "It is time for
Ontario to support their drive for professionalism and
accountability, and to declare ourselves a centre of
geoscience excellence."
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For further information, please contact:
Cam Baker
Ontario Geological Survey
MNDM - Sudbury
(705) 670-5902
Leonard Sharman
Minister's Office
Toronto
(416) 327-0656
Backgrounder
Licensing of Ontario's Geoscientists
Draft proposed legislation unveiled by the Ontario
government on March 7, 2000 would, if passed, create a
self-regulating professional body, the Association of
Professional Geoscientists of Ontario (APGO), that
would:
Require professional geoscientists to adhere to
professional standards;
Register only qualified applicants based on academic and
experience criteria; and
Protect the public by denying a "professional" title to
unqualified or incompetent applicants and disciplining
licensees who violate the association's code of practice
and ethics.
It defines a professional geoscientist as someone who
performs any activity that requires the knowledge,
understanding and application of the principles of
geoscience, and that concerns the safeguarding of the
welfare of the public, life, health or property,
including the natural environment. Prospectors are
specifically excluded in the legislation. It would not
apply to their activities under Ontario's Mining Act.
Also excluded are professional engineers, land surveyors
and land information professionals.
The draft legislation would protect the public and
investors by establishing a regulated association of
geoscientists with the power to admit only qualified
persons, encourage continuing professional competence,
discipline members for professional misconduct and
prevent unqualified individuals from practising. It
would also license geoscientists working in
environmental fields to ensure that only qualified,
accountable persons, working under recognized
professional standards, are allowed to make decisions
that affect the welfare of the public.
In addition, licensing would enable Ontario-based
geoscientists to better compete for work in the
international marketplace.
Over the past year, the Ministry of Northern Development
and Mines has worked with the Association of
Geoscientists of Ontario to develop draft legislation
that responds to key recommendations of the Mining
Standards Task Force.
Established by the Toronto Stock Exchange (TSE) and the
Ontario Securities Commission (OSC) in the wake of the
1997 Bre-X scandal, the Task Force advanced the concept
of "qualified person" to reduce incidents of fraud in
public disclosure by mineral exploration and mining
companies.
Canada accounts for 40 per cent of the world's capital
raised for the minerals industry and the Toronto
financial community is considered the world's centre for
mine financing. It is a serious concern to both the
province and the mining industry, therefore, that the
Bre-X incident may have weakened investor confidence in
the TSE and raised questions about the quality and
integrity of reporting by involved professionals.
The "qualified person" concept would restore public and
investor confidence by ensuring that geoscientists who
are licensed by their professional organization review
and approve mineral exploration results before they are
published. The welfare of the public will be enhanced by
extending this concept to activities involving the
natural environment, such as those involving landfill
sites and mine reclamation.
There are more than 3,000 existing and experienced
geoscience practitioners in Ontario who could be
affected by this legislation. They work primarily in the
fields of geology, geophysics, geochemistry and the
environmental geosciences.
The draft legislation provides for a transition period
that would allow these existing and experienced
geoscience practitioners to move from an unregulated
activity to a self-regulating professional body.
Practitioners may apply for licensing during this
period, and their applications would be assessed on the
basis of education and experience. While the new
professional organization would adhere to the spirit of
its legislated admission standards, it would be flexible
in recognizing the acquired knowledge and experience of
legitimate practitioners who may lack the required
academic credentials.
Copies of the discussion document, containing an
executive summary and the draft legislation, are
available from:
“Self-Regulation of Ontario’s Geoscientists”
Ministry of Northern Development and Mines
Ontario Geological Survey – Sedimentary Geoscience
Section
933 Ramsey Lake Road
Sudbury, ON P3E 6B5
