THE MODERNIZATION OF PROFESSIONAL REGULATORY GOVERNANCE

Dean Benard

The role of professional regulatory Boards / Councils (Boards for this article) is to oversee and regulate professions to ensure public safety, consumer protection, and the integrity of the profession. In recent years, there have been increasing calls for governance reform in professional regulation due to concerns about regulatory bodies' effectiveness, accountability, and transparency. Professional regulators worldwide are engaged in the issue of governance reform as an essential process if regulators are to win and maintain the public's confidence.

The question is, "What changes should be considered to modern- ize and enhance professional regulatory governance?" Members of regulated professions must meet standards of qualification and competence and be ethical in their practice and conduct. Should the same general standards be required of Board members?

Others have put forward ideas and helped some regulators enhance their internal oversight. Some of those ideas follow in this article, which strives to summarize, what reforms will enhance good governance for professional regulators. How some of it will be done is another question for another article.

Board composition:

One of the critical issues in governance reform is the composition of regulatory Boards. Traditionally, regulatory Boards have been comprised of professionals from the same field they regulate and, in some jurisdictions, public appointees. The makeup of these Boards has traditionally been top-heavy with members of the professions, leading to concerns about conflicts of interest. In response, there have been calls for greater public representation to ensure the public interest is better served. This has led to some regulatory bodies being reconstituted with more public members. This is essential, and regulatory bodies should be looking at representation by public members in the 50% range of Board makeup.

Competencies:

Once we have the right mix of professional and public members of Boards, we need to look carefully at qualifications. One key aspect of regulatory board modernization in Canada is ensuring that boards are comprised of members with diverse skills, expertise, and backgrounds relevant to the role they will play on the Board. Perhaps those members of the profession who wish to run for a seat on a Board should first have to demonstrate the skills, knowledge, and expertise they bring to the table, not just in their profession but in the role of a Board member. This includes technical knowledge and an understanding of the social, economic, and environmental implications of their role and that of the Board as a whole. Having people with appropriate expertise and background leads to a multidisciplinary membership on regulatory boards, which enhances their ability to make informed decisions, identify emerging issues, and address complex challenges effectively.

Diversity & inclusion:

Regulatory board modernization must also promote diversity and inclusivity in board membership. Boards that reflect the diversity of the industries they regulate and the communities they serve are better equipped to make balanced and informed decisions. This includes diversity in terms of gender, race, ethnicity, age, and other aspects of diversity. Embracing diversity and inclusivity in board membership can help mitigate biases, enhance decision-making, and promote fairness and equity in regulatory processes.

Professional development:

Board members must be willing, and Boards must be ready to build capacity, including ongoing training and professional development for board members. As professions evolve and societal expectations change, regulatory boards and board members must continuously update their knowledge and skills to keep up. Regular training and professional development programs can ensure that board members are equipped with the necessary expertise and tools to operate and regulate their respective professions effectively.

Technology:

Boards need to embrace technology to help streamline processes, enhance data-driven decision-making, and improve communication and accessibility for stakeholders. Leveraging technology can enable regulatory boards to be more agile, efficient, and effective in their operations. This may include using digital platforms for submitting and accessing information and tracking regulatory compliance, as well as utilizing data analytics and artificial intelligence to identify patterns and trends so they can be proactive in their approach to governance.

Transparency & accountability:

Another vital aspect of modernizing regulatory boards is promoting transparency, accountability, and public engagement. Boards should co-operate transparently, with clear processes, guidelines, and decision-making frameworks commu- nicated to the public. This includes providing opportunities for public input, soliciting feedback, and actively engaging stakeholders in the regulatory processes. Public engagement can help ensure that the decisions made by regulatory boards are aligned with the public interest and that the public's concerns and perspectives are considered. Boards, and by extension, their committees, need to be transparent about their decision-making processes, including how they arrive at decisions, the evidence they consider, and the reasons for their decisions. This transparency is essential to ensure that professionals and the public understand the regulatory process and can hold regulatory bodies account- able for their decisions. In some cases, regulatory bodies have been criticized for their lack of transparency, leading to concerns about the fairness and effectiveness of their decisions.

The above is not an exhaustive list of reforms. Still, these modernization efforts are critical if professional regulatory bodies to oversee and regulate professions effectively and fairly in the ever-evolving landscape.

The opinions expressed in this article are reflective of the writer’s own opinions and thoughts on the regulatory sector.

I have worked with Sam for over 10 years and have witnessed his strongest talents as a well thought strategic perspective and mindset, attention to detail and a keen ability for effective communication. Sam has always put his team and clients interest front and centre and operated in a most professional manner.