Issue 3 Fall 2021 Edition CLEAR Perspective: a look at professional development and training for regulators
RELUCTANT LEGEND: A conversation with Sandy Greenberg
GHOST BUSTERS: Canada’s regulator of immigration consultants gets statutory authority, new name, and powers to sanction unauthorized reps.
LOOMING DEADLINE: Alberta’s dual-purpose health regulators face a deadline to restructure
A steady hand in challenging times: Meet Sue Smith, CEO & Registrar, Nova Scotia College of Nursing
Issue 3 Fall 2021 Edition Journalists Damian Ali Ritika Dubey Dennis Furlan Nat Pressman Trish Richards Anqi Shen
Editors M. Daniel Roukema Dr. Alain Viau
Graphic Design and Layout Marija Hajster
Managing Editor Alethea Spiridon
Editor in Chief M. Daniel Roukema
Photo Credits - Canva - CLEAR - CPA Nova Scotia - Dreamstime - Laurence Agron - MDR Public Affairs Ltd. - Unsplash The Registrar magazine is produced and published by MDR Public Affairs Ltd. 800-1701 Hollis Street Halifax, Nova Scotia B3J 2S8 1-800-874-3820 editor@theregistrar.ca www.theregistrar.ca © 2021. All rights reserved.
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From the editor’s desk When we published the previous issue of The Registrar, we were hearing rumblings about the end of COVID-19. Many people were talking about life’s new normal and preparing for what seemed to be inevitable. This end of the pandemic was short-lived, and after a brief pause on the toughest restrictions, we’re back to where we were: increased safety precautions to keep ourselves, our neighbours, and communities safe. However, in many ways, the work of regulators is not too dissimilar. Daily, tens of thousands of professionals across Canada work passionately and diligently to protect the public interest. While vaccinations and mandating the wearing of masks may not be in their purview, regulators’ sole purpose is to keep us safe. To produce this edition, our journalists had the privilege of meeting more regulators and their service providers across Canada and in the US. The subject of COVID-19 came up in almost every conversation, and while COVID-19 fatigue is evident everywhere, the passion about consumer protection remains alive and well. In Halifax, the positive vibes from the Nova Scotia College of Nursing were so infectious, we could’ve stayed and chatted with the team forever. In Edmonton, the Alberta College and Association of Opticians’s sincere determination to create a meaningful new regulatory body, transported us to seeing the bigger picture, and forgetting about today’s pandemic drawbacks. In Burlington, the Immigration Consultants of Canada Regulatory Council’s long-awaited statutory authority reminded us of the people around the world who yearn to come to Canada because life in this country really is better. For that positivity and resilience, thank you. Thank you for putting others first during these difficult times. We at The Registrar truly appreciate you.
M. Daniel Roukema
NEXT EDITION: JANUARY 10, 2022
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IN THIS EDITION
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Separation anxiety: Legislative changes have Alberta health regulators rushing to meet a deadline Seeing the bright side of darker days: Nova Scotia’s Sue Smith leads the nursing regulator with a steady hand and positive outlook
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Sandy Greenberg: Don’t call her a legend
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CPA Atlantic Prioritizes Equity, Diversity and Inclusion to reflect the changing workplace, student body, and public
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Behind the scenes: how professional development drives innovation and regulatory excellence
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Upholding Indigenous Interests in The Canadian North
20 From fledgling upstart to
legislated powers: The meteoric pivot of the national immigration consultants regulator
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Manager, Communications
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The College of Kinesiologists is a regulatory body established under the Regulated Health Professions Act, 1991 (RHPA) and the Kinesiology Act, 2007 to regulate kinesiologists in the public interest. The College protects the public by: setting requirements to enter the profession so that only qualified individuals can practise kinesiology. maintaining on its website a list of individuals qualified to practise kinesiology, known as the public register, or Find a Kinesiologist. developing rules and guidelines for kinesiologists’ practice and conduct, including a code of ethics. investigating complaints about kinesiologists’ and disciplining when necessary. requiring kinesiologists to participate in a program that helps ensure that their knowledge and skills are up-to-date, and monitoring that participation. Communications underpins everything we do, and we are looking for a creative self-starter who can work independently and across the organization to lead all of our communications activities. If you are looking for an exciting opportunity to shape communications and positively impact the public interest, we would like to hear from you!
As our Manager, Communications you will: Lead the planning and execution of all communications activities to registrants and other stakeholders. Oversee the communications strategy that aligns with the College’s strategic plan. Generate content ideas for newsletters and other communication products. Work with other staff on the development of communication materials and reports. Work with external vendors on the development of public awareness campaigns that promote the role of the College as protecting the public interest. Develop and maintain a social media strategy to engage registrants and other stakeholders. Ensure that any public facing communication is timely, clear, and concise. Manage the website (WordPress) and the posting of information. Provide presentations to universities and applicants on the role of the College The right person will enjoy working in a small team environment of high performers, having lead responsibility for the development and implementation of communications strategies to engage the public, registrants and other stakeholders, and managing related projects that advance principles of transparency. Your skills and knowledge will grow as you engage with other communications specialists in the regulatory field.
Qualifications Demonstrated aptitude for creative communications, design, and collaborative project management. Excellent public speaking, interpersonal, writing, editing and proofreading skills. Extensive experience in research, analysis and report-writing from a post-secondary institution. Some knowledge of graphic design principles and programs is an asset. High level of proficiency with Microsoft Office Suite, Adobe and other applications. Self-motivated with excellent time management and organizational skills. An innovative team player with an ability to work independently. Experience in a regulatory, health-related or not-for-profit organization is an asset. Interest in technology and web site management an advantage. Some flexibility in hours of work required to accommodate meeting schedules. There will be some travel to universities in Ontario to present to students and faculty. Please submit your résumé and cover letter (including your salary expectations) by email to nancy.leris@coko.ca no later than October 30. (NO PHONE CALLS PLEASE!) We thank everyone who takes the interest and time to apply for this position. Only those most suited to the position will be contacted for an interview.
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Special thanks to Marianne Baird CEO and Registrar Alberta College of Occupational Therapists Andre Bellefeuille VP, Marketing and Business Development CPA Nova Scotia Jennifer Bertrand Executive Director and Registrar Alberta College and Association of Opticians Margaret Cayenne President Alberta College and Association of Opticians
John Murray CEO Immigration Consultants of Canada Regulatory Council Adam Parfitt Executive Director CLEAR Brad Patzer President Law Society of the Northwest Territories Sue Smith CEO Nova Scotia College of Nursing
Anne-Marie Gammon CEO CPA Nova Scotia
Marc Spector Deputy Registrar Home Construction Regulatory Authority
Sandy Greenberg Vice President Credentialing Advisory Services ACT
Sheila J. Steger Director and CEO Alberta College and Association of Chiropractors
Jennifer Grosse Chair CPA Nova Scotia
Jane Wilson Communications Lead CPA Nova Scotia
Jerome Marburg CEO Yukon Registered Nurses Association
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Separation anxiety: Legislative changes have Alberta health regulators rushing to meet a deadline By Damian Ali
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hanges to legislation in Alberta have some regulatory bodies moving into overdrive to meet some important deadlines. In 2022, all health regulators that serve dual purposes – that of regulator and association – will be required to separate and become single-mandate organizations.”
The provincial government is putting an end to what it calls a conflict-of-interest mandate - one that’s confusing, and simply not in the public interest. The Alberta College and Association of Opticians is one of the province’s health regulators undergoing the transition, as required by Bill 46.
First look: The College of Opticians of Alberta’s logo
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“The primary goal was to ensure that competing interests don’t have a negative impact on provided health care for Albertans, and we as an organization support that intention.” The legislation was introduced at the end of last year and stipulates that by 2023, all dual-purpose health regulators must separate and become single-mandate authorities, including submitting their plans for divestment of association activities by March 31, 2022. Jennifer Bertrand, executive director and registrar at the Alberta College and Association of Opticians (ACAO), sees the change as necessary to fulfill regulatory responsibilities more effectively. On January 1, 2022 the ACAO will be rebranded and relaunched as the College of Opticians of Alberta, with the sole public interest mandate of licens-
Jennifer Bertrand, executive director and registrar at the Alberta College and Association of Opticians (ACAO)
ing and overseeing the professional conduct of opticians. “Bill 46, introduced and passed last year by the Alberta government, was more than just the separation of college and association,” Bertrand says. “The primary goal was to ensure that competing interests don’t have a negative impact on provided health care for Albertans, and we as an organization support that intention.” The ACAO has already begun the process of restructuring their governing council and the committees and will soon begin communicating the changes publicly to ensure clarity. “Our official separation will happen at year’s end, and we’re happy we’ve been a step ahead of the process,” Bertrand says. 9
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Sheila J. Steger, director and CEO of the Alberta College and Association of Chiropractors, says the process is also underway to formally establish the new College of Chiropractors of Alberta. “Early reviews of the College’s Regulatory Framework have begun,” she explains. “We expect to make purposeful adjustments to enhance the ability for members to protect the public and maintain professional competence.” Separation by itself is just a starting point of the legislation. Beyond eliminating dual purpose organizations, it bans members of associations from being appointed to principal standing committees of regulatory bodies. They are also not permitted to serve as registrars or other members of senior management teams, which fundamentally impacts decision-making abilities and the influence on licens-
ing and professional regulation. “In response to changes required by Bill 46, the college will review and update the Regulatory Framework for practice,” adds Steger. “This includes Standards of Practice, Code of Ethics, and regulatory Directives and Guidance.” ACAO president Margaret Cayenne reflects and notes that throughout the entire process, it was a privilege to oversee council meeting the demands of separation. “We believe the public and the profession are best served through a strong but separate regulatory body and association,” she says. “The separation process will inevitably allow our College to focus on a single mandate to ensure safe, effective, and competent patient care provided by Alberta’s opticians.”
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CANADA’S PUBLIC REGISTER OF REGULATORY BODIES
www.regulatoryguide.ca
Cover Story
Sue Smith Seeing the bright side of darker days: Nova Scotia’s Sue Smith leads the nursing regulator with a steady hand and positive outlook By Anqi Shen
Sue Smith, CEO, Nova Scotia College of Nursing
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I
t would be tough to dispute that we live in an age of change, uncertainty, and even adversity. From the global pandemic to the rise of political extremism, and climate change to rising labour market instability, it’s unlikely to find someone who hasn’t been deeply and adversely affected by events of recent years. Bedford, a neighbouring community of Halifax, is home to the Nova Scotia College of Nursing (NSCN). The regulatory body that oversees the profession of some 15,000 nurses has itself undergone a seismic shift since it was recently reborn after two colleges came together to become one nursing regulator. At its helm is Sue Smith, a nurse, who for more than forty years has had an impressive influence on health care in Nova Scotia and across Canada. Despite the trials and tribulations of today and yesteryear, a five-minute conversation with the CEO and registrar makes you temporarily forget about the world’s challenges, and become in awe of her passion, commitment, and positive outlook. That infectious motivation is something you wouldn’t necessarily expect from the chief executive of a
A five-minute conversation with the CEO and registrar makes you temporarily forget about the world’s challenges, and become in awe of her passion, commitment, and positive outlook.
profession that around the world has been stretched to the limits of possibility and reality because of COVID-19. Smith still remembers where she was when the world-changing pandemic was about to be declared in 2020. It was five minutes before a 10 a.m. leadership meeting about the new virus, which senior staff at NSCN had been following since the end of January 2020. She got a call from a provincial government official saying their chief medical officer and the premier were arranging 13
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The NSCN shared the rapid re-licensure process with nursing regulators of all national designations of nurses across the country, some of which had approached the NSCN to tap into their model. a media event for noon. Ever nimble and adaptable, the leadership team leapt into action. Nobody knew at the time the pandemic would stretch out over the course of the next 19 months...and counting... “We weren’t even quite one year old as an organization, but with all the work to create this new body, we’d worked so hard to build our business continuity plans,” an upbeat Smith says. “We already had plans in place for operational preparedness. Everybody prepared to take what they needed home, and offi-
cially March 17 we started at that point in time working offsite.” Nova Scotia wasn’t considerably affected by the pandemic until the third wave. That’s when it experienced its highest number of hospitalizations and intensive care unit admissions, adding considerable strains on healthcare workers, Smith notes. Top of mind for her was to keep the public informed, support nurses, and ensure the safety of College staff throughout the pandemic. “One of the things that stood out first was how critical nurses were going to be to meeting this — being the largest health-care sector — they’re frontline. What’s so inspiring is nurses don’t just want to respond, but they respond knowing there are opportunities for innovation.” The NSCN had many retired or not actively licensed but qualified nurses offer to return to service. “We quickly developed a rapid re-licensing process for nurses who were qualified but many of whom were retired,” recalls Smith. “Basically, within 24 to 48 hours, we were able to bring nurses that were qualified to come back to the system.” The NSCN shared the rapid re-licensing process with nursing regulators of all national designations
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of nurses across the country, some of which had approached the NSCN to tap into their model. “Across the country, people asked, ‘Can we use your system?’ And we said, ‘Absolutely, you can copy and paste whatever is applicable to you,’” Smith says. The new Nursing Act in 2019, which governs the regulation of nurses in Nova Scotia, helped the organization support nurses in a nimble way when the pandemic hit, Smith said. “Having this act has allowed
us to respond quickly and allowed us that flexibility to respond with innovation during COVID-19,” she says. “We do benefit in achieving our consumer protection mandate by having very close and positive working relationships with government.” The pandemic aside, Smith is no stranger to obstacles in her extensive experience in the regulatory sector. During her first week at what was the regulator for registered nurses (RNs) and nurse 15
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practitioners (NPs), the RNs had a new entry-to-practice exam introduced, the first change in many years. “There was certainly a range of reaction,” she says. “The one thing we kept constant is this, which is my motto as CEO: be open and transparent and collaborative. We met with our critics and stayed in conversation. That’s certainly been the approach we took whether we were one regulator or part of a different college.” As an organization, the NSCN is the product of two regulators coming
under the umbrella of one in June 2019. Discussions about whether the Nova Scotian public would be better served with a single nursing regulator began midway in 2016. Unlike the move to one college in British Columbia, which was government driven, the merger in Nova Scotia was more governance driven. “One of the things we’re so proud of was we have continually, for a small-to-medium province, we wanted to walk our talk and live our values of consultation and listen to our stakeholders. Over the course of three years, we had over
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100,000 points of contact with our stakeholders — between surveys and focus groups.” “We see challenges as opportunities to innovate,” she says. “One of the key messages we have is what we do has never changed, on behalf of the public. What changed is how we do it. So, in this case, one board for all, one regulator for all.” Equity, diversity, and inclusion has been at the core of the NSCN’s values since its inception, and Smith is intent on leading efforts to move it forward in her organization. “Nova Scotia is a diverse province. We recognized that we wanted to seek out more diverse staff, more diverse folks on the board, we needed to help educate ourselves — that’s why it was part of our first strategic plan as the NSCN.” “The most important thing we did operationally was staff driven. No matter who you are, every one of us in our organization, including myself, have an objective on their performance plan on how you’re supporting and contributing to diversity and inclusion. We’ve taken an approach where we know we have a lot of educating to do internally. To be open and collaborative, we’ve invited experts who have lived experience and expertise in these many
areas of diversity to have a conversation with us.” Smith has been in the regulatory sector for going on 40 years now, starting with 32 years with Canadian Blood Services where she was executive director of plasma products and services and of the OneMatch Stem Cell and Marrow Network. She’s noticeably giddy talking about the ins and outs of governance and operations at the NSCN and has an optimistic outlook with an eye on the future. “In my experience in nursing regulation, I’ve seen how rapidly external and internal environments change — and we have to adapt, be relevant, be nimble,” Smith says. An example she raises is the advent of a live chat on the NSCN’s website, which started as an eight-week pilot in December 2020. Staff identified the core areas they thought the organization would be approached for and prepared responses. It was a highly effective tool, Smith says, for members of the public with questions about a complaint, or checking a nurse’s registration, or questions like how many nurses there are in Nova Scotia. “It’s helped free up time in areas such as registration and licensing because this live chat is able to 17
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answer questions where someone would previously call in, and a staff member would have to call back.” “We’re not married to a certain process,” Smith says. “We’re always looking at, can we do it differently, or faster, can we streamline the process? This continues to improve our ability to look out for the public and serve all of our stakeholders.” Since graduating with a Bachelor of
Science in nursing from Dalhousie University and completing her RN exam, Smith has renewed her license every year. The reason is plain and simple: pride in her profession, and it’s evident. “I genuinely am so proud to be a nurse. If you look at surveys, nursing is the most trusted profession in North America and elsewhere in the world. I truly feel joy in nursing and the joy I have in this latter part of my career to work for the public and for registrants.”
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Let talent find y ou
www.regulatoryjobs.ca
From fledgling upstart to legislated powers: The meteoric pivot of the national immigration consultants regulator By Ritika Dubey
T
his fall, Canada’s immigration consulting regulatory body will experience a seismic
shift. This change will jumpstart a new phase in which the immigration authority will have the ability
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to protect the public with statutory authority, a necessary vice all regulators depend on, but one that has been elusive to this organization since its founding ten years ago.
John Murray, CEO, ICCRC
On November 23, the Immigration Consultants of Canada Regulatory Council (ICCRC) will become the College of Immigration and Citizenship Consultants (CICC).
On November 23, the Immigration Consultants of Canada Regulatory Council (ICCRC) will become the College of Immigration and Citizenship Consultants (CICC). Immigration Minister Marco Mendicino announced the College of Immigration and Citizenship Consultants Act last December after it received Royal Assent. With it, the 2019 federal budget allocated $51.9 million over five years to create and increase public awareness for newcomers to Canada. The change to a College model for ICCRC is due, in part to the outcome of the House of Commons Standing Committee on Citizenship and Immigration study into the organization and the state of immigration consulting regulation in Canada, which occurred between March and May 27. In June 2017, the report, “Starting again: improving government oversight of immigration consultants” was released in which a new regulatory framework with increased government support was advised. “We realized that ICCRC in 2011 was effectively set up to fail, and it 21
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wasn’t given the appropriate powers that it required to do the job, and now the Act corrects those issues,” John Murray, CEO of ICCRC tells The Registrar. “So, it’s an exciting time for us because we feel like we can get on with it and do the work that we’ve been mandated,” he adds. Ghost consultants and immigration fraud have been long-standing issues, “with a significant impact on the integrity of Canada’s immigration system,” the Canadian Bar Association says. Oftentimes, immi-
grants are duped into paying hefty amounts under the pretense of acquiring jobs or colleges in Canada, mostly through forged documents. A newly established regulator with the history of the landscape and knowledge of challenges will be a critical ingredient to combatting fraud and unlicensed immigration consulting. Previous legislation did not permit, ICCRC to investigate or discipline unlicensed consultants. Instead, the organization would share the complaints against non-member con-
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sultants with the Canada Border Services Agency (CBSA) or the Royal Canadian Mounted Police (RCMP). A former immigration consultant and member of the ICCRC Board of Directors who wishes to remain anonymous, welcomes the new legislation and direction of the organization. “There were times when we didn’t know if we were coming or going,” they say reflecting on the past. “The conflicting messages and lack of direction (to no fault of their own) caused confusion for staff, immigration consultants and even the public. I welcome this change and look forward to seeing this new organization and direction that is solid and most importantly protects the public in Canada and abroad.” The new Act will allow “enhanced powers to investigate complaints and have our investigation powers effective as against third parties,” Murray says. “The other power that’s a big change from our current authority to bring legal actions against unauthorized practitioners — the problem that’s exacerbated by the fact that many of these practitioners are located outside of Canada.” Expressing his confidence in the upcoming changes, Murray says the College Act will enable organization to “start to negotiate with government and other authorities in other
Oftentimes, immigrants are duped into paying hefty amounts under the pretense of acquiring jobs or colleges in Canada, mostly through forged documents. A newly established regulator with the history of the landscape and knowledge of challenges will be a critical ingredient to combatting fraud and unlicensed immigration consulting. countries, who are just as concerned as we are about fraudulent immigration consultants, and start to build the relationships from a solid statutory footing that will help 23
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CAREER APPOINTMENTS ONTARIO College of Kinesiologists of Ontario • Nancy Leris, Registrar and CEO • Colleen Foster, Program Assistant to Registration Ontario Association of Certified Engineering Technicians and Technologists (OACETT) • Barry Billing, Registrar • Carol Warner, Deputy Registrar Bereavement Authority of Ontario • Jim Cassimatis, Director, Operations
us engage in mutual enforcement in those countries.” Under the draft Code of Professional Conduct currently available for public input, for instance, consultants are asked to disclose to their clients in advance details of the college, complaint process and expectations the consultant will have and will meet. The College Act would be the third such transition since the late 1990s, moving from College of Immigration Practitioners of Canada (CICP) in 2000, to the first-of-its-kind self-regulatory Canadian Society of Immigration Consultants (CSIC) in 2003, both ineffective in disciplining consultants. In 2011, CSIC was scrapped and replaced by the currently existing IC-
CRC framework but it continued to lack authority to investigate non-members. A CBA report revealed that despite 1710 cases reported between 2011 and 2016, “misconduct by consultants [was] likely underreported due to the vulnerability of the population they serve.” Murray compares the new statutory regulations to the existing self-regulatory legislation within health care and other professional jobs, gradually aligning “those organizations more firmly with the government, or the responsible government departments.” The transition, which concludes when the minister responsible for immigration issues a final order on Board members, is expected to be different this time. Murray says, “Mainly because we have a subsisting organization that will move forward and become the College. In 2011, CSIC shuttered stores and ICCRC opened its doors. I’m sure there were a number of hiccups along the way.” “We’re looking forward to working with Immigration, Refugees and Citizenship Canada (IRCC) on developing the regulations under the statute, all to provide a seamless transition so we can turn out the lights on ICCRC on November 22, and turn on the lights for the College on the November 23.”
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Sandy Greenberg: Don’t call her a legend By Dennis Furlan
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andy Greenberg has been in the field of regulation for 35 years, almost all of it working out of New York. Some call her a legend for her long-time advocacy and expertise in the field, but she’s very reluctant to accept such a characterization. She says, “I think that’s way over the top. My primary
Some might even call her a legend for her long-time advocacy and expertise in the field, but she’s very reluctant to accept such a characterization.
Sandy Greenberg of ACT.
focus has always been that regulation should be done right.” Indeed, when asked about her broader views on regulation, Greenberg is quick to spell out the approach everyone should have in the field. She says, “It should be truly about public protection and the prevention of harm to the public, as 25
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opposed to any other self-serving purpose. And that should be applicable all over the world, the raison d’être for regulations.
Knowing her stuff Greenberg is currently co-editor of the CLEAR Exam Review, which covers licensing examination issues for the Council on Licensure, Enforcement & Regulation (CLEAR), an organization promoting international regulatory excellence. She also serves as vice president of credentialing advisory services for ACT, a non-profit in the education and workplace sector, where she consults organizations that offer licenses, certifications and assessment-based certificates. Although Greenberg works out of New York, the organization has a diverse client base that reflects the nature of international regulations, certifications and credentialling. Greenberg explains: “Regulations are often established on a national basis but, of course, you have those at the state and provincial levels, and you have some professions, such as psychology, where you have large federations that preside over Canada and the United States.” Greenberg adds, “And, of course, you have some organizations that don’t necessarily regulate, but offer credentials that are offered worldwide.”
Regulators can adapt She is quick to stress the adaptable and diverse natural of the field. She says, “When the pandemic first hit, regulatory work essentially ground to a halt. But then it changed to accommodate the circumstances by quickly going virtual. Now, some of those processes will probably remain virtual, and some of them might go back to how they were before, but regulators can adapt, and I think that’s very important.” One of the ways that Greenberg would like to see regulators and those in the field of credentials and certification adapt further is to transition away from traditional measures of expertise and use more accurate measures to identify qualification. She says, “For example, I think using a metric such as hours worked has severe limitations on identifying the most qualified people in a profession. I know that using more operational indicators of qualifications can be a challenge to even identify, and may also involve greater investment of time and resources, but I think we’d get better at hiring people at all levels if we went in this direction.” It’s just a small bit of advice from someone who might know what she’s talking about in the field of regulations.
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CPA Atlantic Prioritizes Equity, Diversity, and Inclusion to reflect the changing workplace, student body, and public By Natalie Pressman
D
riving change in an organization does not happen overnight, but can be achieved with hard work, passion, and determination. This is evident at CPA Atlantic, the school that trains incoming and existing Chartered Professional Accountants in Atlantic Canada and Bermuda. Equity, Diversity, and Inclusion (EDI) have become fundamental pillars for the organization’s governance and operations to further build a profession and workplace that is more reflective of the greater population. Anne-Marie Gammon, the school’s CEO, is at the helm of the shift, along with Jennifer Gosse, chair of the school’s board of directors, and Andre Bellefeuille, vice president of marketing and business development.
Anne-Marie Gammon, CEO, CPA Atlantic
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Equity, Diversity, and Inclusion (EDI) have become fundamental pillars for the organization’s governance and operations to further build a profession and workplace that is more reflective of the greater population. While the trio admits the process has been one of endurance, often seeing only small steps forward, the deliberate work of improving EDI could have huge impacts on the industry.
digenous representation.
“What we do now directly affects the future of our profession,” Gosse says of the school’s work. “We create a funnel that goes into our membership across Canada.”
This year, Bellefeuille explains, just under two percent of student applicants identified as Indigenous. Having the figure as a starting point, the leadership team can investigate the reason behind this and how to address obstacles that are preventing diverse communities from being interesting in or accessing the profession’s programs.
Gosse recalls a conversation with another director on the board who spoke of being the only female in her university accounting class in the 1980s. Today, the entrance rate of women at the Atlantic School of Business is over 50 percent, proving that small steps can aggregate over time.
Connecting with leaders of Indigenous and African Nova Scotian communities has also become a key part of CPA Atlantic’s outreach strategy. Through this work, Gammon was able to take on the first CPA-approved employer in Canada in Membertou First Nation, in Cape Breton.
In formalizing its EDI strategy, the school is focused on education, outreach, and data collection. CPA Atlantic is looking at how its student body is represented in gender identification, visible minorities, persons with disabilities, and In-
“If we’re going to grow and be relevant and be seen as contemporary and be an attractive profession, we have to do this work,” says Gammon. In October 2021, all staff, members of the Board, and faculty will com-
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mence an almost year-long training program in EDI. To be facilitated by Camille Dundas, an internationally acclaimed EDI consultant who specializes in allyship and anti-racism education, participants will gain a deeper understanding of principles of EDI, its application in the workplace, and issues such as unconscious bias.
If we’re going to grow and be relevant and be seen as contemporary and be an attractive profession, we have to do this work Bellefeuille echoes that “It’s not just about a moral compass, there’s an economic, tangible material measurable benefit from the diversity.” Gosse points to numerous studies demonstrating that when diversity is present, companies thrive in many more ways than profit. “It’s better to have different perspectives when tackling obstacles and challenges,” she says.
Internationally acclaimed EDI facilitator, Camille Dundas, will facilitate CPA Atlantic’s training program.
In prioritizing DEI, the CPA Atlantic School of Business has also created a culture where faculty are encouraged to come forward with their ideas for improvements. While the school is continuing to find ways to move the needle forward, ensuring the conversation doesn’t stop is top of mind. “Just keep talking about it because there’s always something else to improve upon,” Gosse says. “If you stop the conversation, you’re going to stop your progress. We need to keep the conversation moving.” 29
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Behind the scenes of consumer protection: how professional development drives innovation and regulatory excellence By Trisha Richards and Dennis Furlan
W
hen the Home Construction Regulatory Authority (HCRA), Ontario’s newest regulator, officially opened its doors virtually in February 2021, the organization was already an active member of the Council on Licensure, Enforcement and Regulation (CLEAR), an international association and resource for professional regulation stakeholders. “We wanted to be part of a regulatory community that thinks strategically about what today’s modern regulator could, and I would add should, look like,” says Marc Spector, deputy registrar, HCRA, and former CLEAR board member. “CLEAR has a focus on what I
like to call relevant regulation, supporting organizations in making a truly meaningful impact in people’s lives.”
A CLEAR, universal perspective on regulation
CLEAR was initially the brainchild of regulators in the United States. Its purpose was to bring a range of professionals together to share challenges and discuss solutions to licensing and professional regulation challenges. Over the years, CLEAR’s mandate hasn’t changed much, but the organization now benefits from strong interest and participation from Canadian organizations, which began joining in the early 90s. Since
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“We’ve trained in excess of 20,000 people in regulation, investigations, and inspections, and have an established program for executive leadership.”
Adam Parfitt, Executive Director, CLEAR CLEAR’s 2018 Annual Education Conference, Philadelphia
the early 2000s, there’s also been an increasing presence from Europe, Australia, and New Zealand, as well as Asia and Africa. “We’re an organization that’s been in existence for over 40 years. We have a health and non-health focus,” says Adam Parfitt, CLEAR executive director. “We’ve trained in excess of 20,000 people in regulation, investigations, and inspections, and have an established program for executive leadership.”
CLEAR provides a range of professional development and training programs, most notably the National Certified Investigator/Inspector Training (NCIT) program which, to date, has trained thousands of regulatory investigators and inspectors worldwide. CLEAR also hosts an annual conference that directly reflects the priorities of regulators.
Canadian content
CLEAR isn’t the only professional resource for regulators in Canada. The Canadian Network of Agencies for Regulation (CNAR) is a national association for regulatory profes31
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sionals. HCRA is also a member of this organization. Established in 2003, CNAR offers many of the same resources as CLEAR. “CNAR does a great job at embracing smaller regulators, in addition to the larger ones,” says Spector. “I know that for the HCRA, as a young and new regulator, it’s great to know we have the support coast to coast to coast.” The Alberta College of Occupational Therapists (ACOT) joined CNAR in 2020 to take part in the association’s conferences and workshops. “At the conference, they bring forward timely topics of interest to us, such as the future of regulation in Canada, how other regulators are preparing for this,
the top 10 regulatory legal cases, and the role of regulators and systemic racism,” says Marianne Baird, CEO and registrar, ACOT. “These kinds of topics highlight the evolving nature of regulation, focusing us on what we can strive for to best serve the public interest.” The Registrar asked what differentiates CLEAR and CNAR, aside from where its members are located. Parfitt says, “I certainly don’t want to take anything away from CNAR, which does fine work, but with CLEAR’s international focus, members get to learn about regulations from people around the world, which adds a perspective and dimension that might not be
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as readily available with local or national groups.” CNAR declined an interview with The Registrar.
Leveraging local and global support systems
Like HRCA, ACOT is also a member of CLEAR. According to Baird, being part of an international association for the professional regulatory community is also beneficial because it increases awareness of the international trends influencing Canadian regulation, which helps guide ACOT’s strategic planning efforts. “Comparing and contrasting the different regulatory systems operating in various countries to the Canadian regulatory context also provides examples of things we can implement to continuously improve Canadian regu-
latory practices,” Baird adds. For Spector, perhaps the most attractive aspect of membership in a regulatory association is having the ability to network, learn best practices, and tackle head-on topics individual regulatory leaders may not have sufficient knowledge or experience to address alone. “Now especially is a really exciting time to be part of an organization of professional regulators because our world is changing, and regulators are working hard to stay relevant in the face of the public’s evolving expectations,” explains Spector. “That’s why I believe in organizations like CLEAR and CNAR — they support regulators in the work we do to stay relevant, modern, flexible, and innovative.” 33
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MDR Publ MDR Public Affairs Ltd is all about promoting social impact. We exclusively support consumer protection agencies and other organizations whose mandates are to build safer, healthier, and greener communities. Learn more about our corporate communications and executive leadership services, and the digital tools we created to promote Canada’s consumer protection mandate that encourages a fairer and more informed marketplace.
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Upholding Indigenous Interests in The Canadian North By Damian Ali
W
ith regulatory organizations across Canada’s provinces oftentimes having an established footing, consumer protection in the territories may inadvertently be overlooked.
Occupations in the Canadian north are just as vast as their provincial counterparts, each having not just their own distinct operations, but representative of Indigenous interests as well. Distinguishing these interests as a priority is a key tenet of many regu-
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latory bodies so that representation across the aisle can truly be realized. The steps taken to ensure Indigenous interests are realized may vary, but the goal remains the same. Practicing in a licensed profession, where Indigenous interests are upheld and protected, allows for not just a better regulatory representation, but for a more holistically aware Canadian society.
Establishing the appropriate cultural awareness As one of the mainstay regulatory organizations established in the Canadian territories, the Law Society of the Northwest Territories is responsible for the governing of the legal profession. This is done in accordance with Northwest Territory law, as well staying in line with the Law Society’s rules, regulations, guidelines, and code of professional conduct. President Brad Patzer says that, in direct response to the Truth and Reconciliation Final Reports Calls to Action, the Law Society helps promote Indigenous cultural awareness training. In essence, this training assists in cultural competency for the Society’s members. “We’ve established a Reconciliation and Law Society Committee that’s considering, among other things, what type of continuing profession-
Occupations in the Canadian north are just as vast as their provincial counterparts, each having not just their own distinct operations, but representative of Indigenous interests as well. al development we should be requiring of our members in order to comply with both the TRC Calls to Action and the MMIWG Calls to Justice,” says Patzer. A standout feature of the current cultural competency training involves two programs, both of which, Patzer says, members are encouraged to participate in. The Path, a Canadian Bar Association online learning program, allows members to learn for free, while Living Well Together, is regarded as a more territorial government-centred program. Moreover, Patzer says the Law Society of the Northwest Territories has established multiple speaker-oriented 37
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port should be conceived as a start, to which more concrete action can then be taken. Regulatory organizations across the country, subsequently, should take care when addressing short-and long-term concerns from Indigenous peoples and communities.
Jerome Marburg is CEO of the Yukon Registered Nurses Association
programs, which allows its members to hear from key figures. The Speaker Series, entitled “What Reconciliation Means to Me,” released in September 2021, is comprised of a series of speakers, beginning with Grand Chief Norman Yakaleya of the Dene Nation. “We’ve also engaged Myra McCallum, host of the Trauma Informed Lawyer podcast, to host a session for our members in October 2021, called The Trauma Informed Lawyer – An Introduction,” Patzer says. “As we become aware of other opportunities, we’ll make our members aware of them.”
Jerome Marburg, CEO of the Yukon Registered Nurses Association, says future action must be predicated on first understanding how Indigenous communities were represented in the occupations. “It’s absolutely critical to a just society that we deeply take a look at how we’re doing things, and then change,” Marburg says. “To many First Nations peoples, if we’re talking health care for example, the doctors or the dentists or the nurses have been seen as instruments of racism and of harm.” First Nations communities are, therefore, incredibly fearful of seeking servicing from these organizations because of how they’ve been treated, Marburg says.
Fostering a culture of compassion
Individuals representing these regulatory organizations can’t say we live in a fair and impartial society when the health-care system has been seen as something of harm rather than good to Indigenous communities,” Marburg says.
The Calls to Action outlined by the Truth and Reconciliation Final Re-
“We have to spend time analyzing and thinking about this first and coming
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The Path, a Canadian Bar Association online learning program, allows members to learn for free, while Living Well Together, is regarded as a more territorial governmentcentred program.
“Our view is that Reconciliation is a journey, a journey which is different for everyone involved,” Patzer says. “One can’t read a book, or attend a lecture, and then say they’re culturally competent. We want to provide as many opportunities as we can for our members to develop cultural competency needed to maintain our objective of protecting the public on a holistic level.” This article is the third and final instalment in a series examining consumer protection in Northern Canada.
up with solutions that aren’t imposed by us,” Marburg says. “We have to be more consultative, more collaborative, to come up with more culturally safe systems.”
The way forward Regulators, generally, are in service of a better and more just society, Marburg says. This sentiment is shared by the Law Society of the Northwest Territories, Patzer says, in accordance with promoting a more inclusive space, and multifaceted awareness, of Indigenous interests. 39 theregistrar.ca
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Manager, Investigations and Resolutions
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POSITION SUMMARY
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