LEGISLATIVE ISSUES FOR THE PLANNING PROFESSION

IN CANADA

REPORT OF THE LEGISLATIVE TASK FORCE

December, 2011

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Table of Contents

PAGE

1. INTRODUCTION AND BACKGROUND 3

2. RECOMMENDATIONS 9

3. SUMMARY AND CONCLUSION 14

Appendix A – Task Force Members 15 Appendix B – Legislative Summary 16

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1. INTRODUCTION AND BACKGROUND

CIP and its Affiliate organizations have combined forces to determine what can be done to improve the planning profession in Canada. This effort is known as the Planning for the Future Project (PFF). To date, reports and action have been developed to put in place new or improved: Competency Standards; Ethical Standards; Certification Standards; Membership and Administrative Policies and Delivery Processes; and an Accreditation Program. One of the last project initiatives is to look at legislative matters regarding the planning profession in Canada.

As a result, a Legislative Task Force was formed to address implementation of the following recommendations from the NMSC and CIP Council:

Establish the Registered Professional Planner (RPP) as the preferred professional planning

designation in Canada.

Develop an Affiliate/Institute strategy that provides for a coordinated approach to establishing and revising legislative and regulatory provisions to support consistency with the designation and other agreed-to national standards or legislative challenges.

Explore and investigate the scope of practice of the planning profession across Canada, and the challenges with respect to potential overlapping or competing scopes of practice of other professions.

The task force is comprised of representatives from all Affiliates, the Canadian Institute of Planners and the National Membership Standards Committee. A list of task force members is provided in Appendix A.

The task force used the following information to assist them in their discussions:

Information on the Agreement on Internal Trade (AIT) and Labour Mobility; Advisory support and benchmarking information on other legislative initiatives; Information from a presentation by a Director employed by a province who has

responsibilities for Professions and Occupations; Reading material related to scope of practice; Existing applicable legislation; Information on pursuing right-to-title legislation; A Research Report and Discussion Paper on the Regulation of Planners for the Planning

Institute of British Columbia's (PIBC), Professional Legislation and Certification Task Force; and

Prior feedback received on legislative issues. The New Horizons Report (2006) was prepared for CIP and Affiliates as part of PFF initiatives to enhance the profession in Canada. CIP and Affiliates were supportive of the legislative recommendations though there was some caution as noted:

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Manitoba Professional Planners Institute MPPI requires clarification regarding the section of the report pertaining to legislation. It is

not entirely clear if the report’s recommendation is referring to name legislation or licensing. MPPI’s concern with licensing is that it may narrow the scope of planning practice, rather than focusing on the broader skill sets of its members.

Association of Professional Community Planners of Saskatchewan

We have scope of practice legislation in Saskatchewan (The Community Planning Professions

Act). Pursuant to The Planning and Development Act, 1983, a registered (full member of APCPS and CIP in good standing) or licensed (full member of CIP and another affiliate in good standing, who has purchased a license from APCPS) Professional Community Planner of Saskatchewan (PPS) is required:

o to sign a plan of proposed subdivision (surveyors can also do this); o for a municipality to retain approving authority status (i.e. a municipality that approves

its own subdivisions and bylaws, rather than the province); and o to supervise the preparation of an Official Community Plan, pursuant to

recently proposed amendments to The Planning and Development Act, 1983.

APCPS gladly adheres to and follows national membership standards, as developed by CIP. I don't know that we are too keen on changing our "PPS" designation to RPP, given the confusion that this may cause with Saskatchewan employers / clients. In any case, amendments to legislation can be difficult to undertake and timing of same can be beyond our (APCPS) control.

These previously identified issues were taken into consideration during the task force discussions. Each task force member shared information on the current state of legislative arrangements and overlapping or competing scope of practice situations in his/her jurisdiction and noted areas for improvement. What is the current legislation as it pertains to the planning profession in Canada?

Legislation is in place in a number of provinces to provide right to title protection for the Registered Professional Planner (RPP) professional designation English version. Appendix B has a listing which indicates by organization the designations used; designation reserved by legislation; other legislation or references pointing to the designations, designation trade mark status; and general comments on current initiatives. The listing indicates the similarities and differences from Affiliate to Affiliate based on current provincial legislative coverage for the planning profession in Canada.

Appendix B indicates that seven provinces have the right to establish a title, in British Columbia this is through the BC Societies Act; in Alberta, through the professional and Occupational Associations Registration Act; Saskatchewan has the Community Planning Profession Act; Ontario has the Act Respecting the Ontario Professional Planners Institute; Quebec is through the Code des professions; New Brunswick has the Registered Professional Planners Act; and Nova Scotia has An Act Respecting Licensing Professional Planners. In addition, to right to title, most of the provinces have self-regulation authority and two have licensing provisions which cover certain aspects of practice.

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The titles in place include: Registered Professional Planner (RPP); Licensed Professional Planner (LPP); Professional Planner Saskatchewan (PPS), Urbaniste; "urbaniste professionnel certifié´" (UPC); Registered Planner (RP) and MCIP. Provinces with no status have been using the MCIP as the professional designation.

In Québec, the title protection is larger. It includes the phrase, “or any other title or abbreviation which may lead to the belief that he is an urbanist”. PROFESSIONAL CODE (R.S.Q., chapter C-26)

36. No person shall in any way whatsoever: (h) use the title “Urbanist”, “Town Planner” or “City Planner” or any other title or abbreviation which may lead to the belief that he is an urbanist or a town or city planner, or the abbreviation “urb.”, or initials which may lead to the belief that he is an urbanist or a town or city planner, unless he holds a valid permit for that purpose and is entered on the roll of the Ordre professionnel des urbanistes du Québec;

The MCIP designation is established through the CIP by-laws as approved by Industry Canada in accordance with the Corporations Act. Four provinces use the MCIP as their only designation. It is possible for these provinces to amend their by-laws to use the RPP designation and seek legislation to protect this title in their jurisdiction. Although you cannot use MCIP until you gain full membership, there is some room for confusion as you can be a member (M) of CIP under a variety of circumstances such as student, corporate member, etc. The singular use of RPP seems more in keeping with the objectives under PFF. It was noted that the use of the MCIP has served a valuable purpose for the profession and now, with so many provincial groups with RPP or an equivalent in place, and other provinces moving to put it in place, the need for the use of the MCIP designation may no longer be required in a few years. The MCIP designation in French is MICU or Membre de l'Institut canadien des urbanistes. In Quebec, the Ordre des Urbanistes du Québec (OUQ) uses the word "urbaniste" as the equivalent to RPP. In New Brunswick the Registered Professional Planners Act defines RPP as "urbaniste professionnel certifié". There is no established French translation for RPP agreed to by CIP and Affiliates. This needs to be rectified.

Although there is no specific right to practice In New Brunswick and Newfoundland and Labrador, the planning statutes in both jurisdictions point to the preparation of plans by persons with the MCIP/MICU designation. Over time amendments would be required to reflect the RPP designation.

Where is the planning profession positioned in terms of the Agreement on Internal Trade (AIT) and Labour Mobility? A number of regulatory and occupational groups have established mutual recognition agreements to provide for mobility. Chapter 7 of the AIT entitled Labour Mobility attempts to eliminate or reduce measures that restrict or impair labour mobility in Canada. It deals primarily with residency and certification requirements, as well as occupational standards. There is no reference to the planning profession in the listing of groups on the related website. While the planning profession is not listed, CIP

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and Affiliates have in place an Affiliation Agreement to support mobility arrangements. There may still be some image and awareness value in attempting to be listed with other regulatory professional organizations which have mutual recognition agreements and to be seen externally as being in compliance with the Agreement on Internal Trade provisions. In addition to the cross country agreement, some provinces have side agreements. For example, British Columbia and Alberta have signed a Trade, Investment and Labour Mobility Agreement. The agreement lists regulated occupations and trades in both provinces. Planners are neither regulated nor listed. However, if planners were listed it would enhance the importance and profile of the profession. Other agreements are being put in place which will influence labour mobility. The New West Partnership Agreement between BC, Alberta and Saskatchewan establishes means to ensure barrier free trade, labour mobility and investment. Under this agreement, movement of professional members of self-regulated professions between their regulated institutes is guaranteed. This currently applies only to APCPS and APPI. External forces such as AIT initiatives and other agreements will require professional groups to ensure that common standards and affiliation and recognition agreements are in place to support mobility. CIP staff have, for the past several years been monitoring developments around the AIT and related labour mobility trends and issues. What is the scope of practice and overlapping or competing situations for the planning profession in Canada?

The task to explore and investigate the scope of practice of the planning profession across Canada with respect to overlapping or competing scopes of practice of other professions is a daunting task. The task force acknowledged that this is a moving target and will require more attention and time than the current task force is able to spend on this issue. The task force believes that prior to spending considerable time and effort on this step, the first step of establishing the preferred professional designation needs to occur first as this will influence the second step of dealing with scope.

Members of the profession may have other qualifications such as engineering and architecture. It has been reported that engineers and others who are not members of the planning profession are engaging in planning work. In effect, people are engaged in planning and it appears they can do so as long as they do not call themselves a professional planner.

For example, in the case of Saskatchewan, which has legislation, individuals can undertake planning work as long as they do not call themselves a professional planner.

These individuals may not sign subdivision plans (with the exception of surveyors) and they cannot sign off on official community plans. New policies at the Ministry of Municipal Affairs also require PPS (Professional Planner of Saskatchewan licensed by APCPS) to submit an affidavit indicating they prepared the official community plan and it complies with the requirements of The Planning and Development Act, 2007.

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Planning covers a broad area and, at times, others will perform services that are part of planners work. Members of professional and occupational groups are becoming more multi-talented and the market place is always looking for talent at reasonable prices. As a result, entrepreneurial individuals and segments of professional and occupational groups will always be looking to push boundaries. It is necessary for CIP and Affiliates to monitor activities on a regular basis.

As a result, Affiliates and CIP through planning legislation, regulations or policy need to encourage references which point to the RPP or equivalent and the competency standards the professional designation represents.

Staff and/or selected volunteers can be assigned to monitor and report on the situation so that CIP and Affiliate Councils and committees can take action, if required. CIP and Affiliates must have a vested interest in activities in all jurisdictions, as an unfavourable situation in one jurisdiction can quickly spread to others. A common strategy is required for this area. While licensing and further clarity concerning scope could prevent intrusions, licensing for a broad scope of activities as per the planning definition will be impossible. The task force was advised by a senior government employee with expertise in this area, that there is a trend on the part of governments to move away from exclusive scope situations. There may be some unique situations where professionals will be provided with some type of restricted authority for sign off that reflects specific expertise. Planners in Saskatchewan and Nova Scotia currently have legislated authority where they are allowed to sign off on an area of specific expertise. Notwithstanding the difficulties associated with gaining full public act self-regulated status, the Ontario Professional Planners Institute has begun exploring this possibility in the province of Ontario. OPPI’s proposal will probably include a broad “scope of practice” (in the sense of a definition of the “practice of professional planning”, activities that an RPP is permitted to undertake) but a very narrow set of “restricted acts” (i.e., exclusive scope of practice, activities that only an RPP is permitted to undertake). OUQ, APPI and PIBC are also in the process or reviewing options to enhance legislation for the profession in each of their provinces. To obtain and protect scope it is necessary to promote the profession so users of services the profession provides will fully understand the competencies and scope of the planning profession. Image and awareness activity will promote the profession and, where possible, messaging needs to be focused on scope. The task force believes a lot of improvements could be made in this area. What are some of the communications and marketing initiatives underway to promote the profession and its scope?

CIP is committed to raising awareness of the planning profession among the public, governments and stakeholders, as well as communicating with its own members, particularly to help advance professional standards and practice.

Past public-oriented communications include the production of special publications, such as the CIP “Kid’s Guide to Building Great Communities”, and the annual Canadian Planning and Policy journal jointly published with the Canadian Journal of Urban Research. Each year, CIP also promotes World

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Town Planning Day. More recently, CIP achieved great success with the launch of its new Great Places in Canada program, with the first awards presented in spring 2011. That program, which engages the public in nominating and voting for examples of good planning across Canada, generated unprecedented national media coverage for CIP and the profession. CIP also actively represents the profession on a number of national level policy issues and in many international forums. Responses to a 2007 membership survey showed a strong desire for CIP to take on a more substantial policy/advocacy role, so in addition to continuing to represent the profession at national consultation sessions, CIP is more actively pursuing specific policy issues (e.g., climate change, water, etc.) and taking positions on matters such as the elimination of the long-form census. Related to its policy work, CIP has been successful in obtaining federal or other funding that supports the development of information, tools, education modules and other resources for use by members, Affiliates, and others to raise awareness of and advance professional planning practice. For the past five years, the Institute has undertaken a long-term, collaborative approach with the Affiliates in publicizing the Planning for the Future (PFF) project to members and the public. A special PFF web site, developed by CIP, continues to serve as a joint, central resource available to Affiliates and the public for information about the project. Future opportunities exist to work on a recognition campaign following PFF to highlight the work, competencies and scope, and value of planning professionals. CIP’s other communications activities in support of its members include a bilingual web site, regular e-mail notices to members, a quarterly professional journal, and an annual conference featuring sessions and training courses on professional practice. Through its various committees – most notably the Communications and Policy advisory committees – activity is under way to finesse CIP’s strategy and approach to establishing positions on issues and providing a strong coordinated approach to associated public, government and media relations activities, including aligning those activities wherever possible with activity under way by Affiliates.

Affiliates regularly hold conferences, workshops, and other activities to promote the profession and become an advocate on policy items which affect planning and community development.

While a number of initiatives have been taken and are underway, there is much more to be done to promote the profession and its scope to key stakeholders.

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2. RECOMMENDATIONS

The task force has looked at the current situation as it pertains to legislation and scope of practice for the planning profession. Discussions were also held on the preferred situation for the planning profession. The task force explored various initiatives to close the gap between the current and preferred situation. This has led to the development of recommendations to engage in specific strategies and supportive action. This information follows:

Recommendation 1

The Canadian Institute of Planners (CIP) and the Affiliates endorse the following actions to have Registered Professional Planner (RPP) established as the English language designation for professional planners in Canada.

1. PIBC requests a change in accordance with the BC Societies Act to amend" Professional Planner" to "Registered Professional Planner (RPP)" and removes the reference to MCIP. PIBC amends its bylaws accordingly.

2. APCPS amends its by-laws to change "Professional Planner of Saskatchewan" to "Registered Professional Planner" and remove the reference to MCIP. APCPS continues with plans to amend its current act.

3. MPPI amends its by-laws to include the granting of the “Registered Professional Planner (RPP)” and sets out a plan to pursue right-to-title legislation. (By-laws amended November 8, 2011)

4. The Licensed Professional Planners Association of Nova Scotia considers amending its by-law to reflect the RPP and change their act section 14 from LPP to RPP.

5. API - NL amends its by-laws to include the granting of the "Registered Professional Planner (RPP)" professional designation, sets out a plan to pursue right-to-title legislation, and requests an amendment to the Urban and Rural Planning Act to change MCIP to RPP.

6. API – NB requests an amendment to change the New Brunswick’s Community Planning Act to replacing MCIP/FCIP with RPP/UPC.

7. API - PEI amends its by-laws to include the granting of the "Registered Professional Planner (RPP)" professional designation and sets out a plan to pursue right-to-title legislation.

8. CIP to provide essential advisory, communications and administrative support for coordination and information sharing around the preceding activities.

9. OUQ will ask the Office des professions du Québec to initiate the process to include Registered Professional Planner (RPP) in the article 36 of the PROFESSIONAL CODE (R.S.Q., chapter C-26)

36. No person shall in any way whatsoever: (h) use the title “Urbanist”, “Town Planner” or “City Planner” or any other title or abbreviation which may lead to the belief that he is an urbanist or a town or city planner, or the abbreviation “urb.”, or initials which may lead to the belief that he is an urbanist or a town or city planner, unless he holds a valid permit

for that purpose and is entered on the roll of the Ordre professionnel des urbanistes du Québec; Background

Implementing Recommendation 1 will move the planning profession in Canada closer to having one Professional (English) brand across Canada. It is easier, and more efficient and effective to promote one brand of professional designation. Making these changes, along with recent PFF initiatives, demonstrates positive growth for the profession.

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Some Task Force members question the value of provinces using the RPP when they are not governed by provincial self-regulatory legislation. It should be noted that professional groups without a protected title under their own legislation or groups with authority to use a professional title as part of a provincial society’s act apply the same professional standards and most of the same obligations as provincial groups who have right to title and self-regulatory legislation. If this did not occur, there would be no reciprocity. Professional groups with or without protected titles all agree to common standards for their profession and have these noted in agreements. The key difference between those with legislation and those without legislation is in the area of obligations regarding ethics and standards. Provincial expectations may be more prescriptive or general, relate to other connected legislation, and requirements to become and maintain a profession are part of the public record and monitored by a third party. In Canada, it is a common practice to first establish the designation, use the professional designation, create awareness and then pursue right to title legislation when the designation is used and recognized in the provincial marketplace. Based on this best practice, Affiliates without right to title legislation should consider using the RPP and follow the best practices that most other groups have used to successfully obtain right to title legislation. Benchmarking better practices will allow the provincial planning groups to make best use of their resources as they seek legislation. It is in the best interest of all provincial planning groups to support the groups advancing legislation for right to title. Making the case for right to title legislation requires a number of things to be in place and occur. Some of these include:

Providing all relevant government employees and elected officials with information on your Institute such as who it represents;

what it does;

how it is organized;

number of members looking for exclusive use of the title; market share of those practicing the profession;

whether the professional group is referenced in other legislation;

ensure the Institutes name and designation will not conflict with other groups;

proposed regulations and standards (ethical, competency, certification, continuing professional learning) to obtain and maintain certification;

the legislative status of the profession in other parts of Canada;

letters of support from other professional associations; and

an outline of how the Institute serves to protect the public against incompetence and fraud that could affect the life, health, welfare, safety or property of the public and why it is in the public interest that the institute be registered.

The recommendations call for Affiliates and CIP to work together and support the goal of having all Institutes with right to title legislation. The approach and processes used for the PFF project should be applied to addressing these recommendations. There seems to be considerable satisfaction with this approach as it is supporting the profession to move forward in a positive manner.

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Recommendation 2

That "urbaniste professionnel certifié´" (UPC) or “urbaniste” (urb.) be used as the French language designation equivalent for the Registered Professional Planner (RPP) professional designation in Canada and the OUQ proceed to arrange for the English equivalents of Registered Professional Planner (RPP) and urban and town planner.

Background

The actual translation in the legislation for the Registered Professional Planner in New Brunswick is "urbaniste professionnel certifié´" (UPC). In Quebec, legislation references the professional planning designation as "urbaniste". While it is possible to use more than one French designation, it would be better to have one consistent reference for French in Canada. Having RPP protected and connected to “urbaniste” will support mobility and strengthen branding for the profession. To protect the title “urbaniste” is stronger than to protect "urbaniste professionnel certifié´". Protecting only "urbaniste professionnel certifié´” allows others to use “urbaniste” and increase the potential for confusion about the profession and the professional title. UPC is a translation of the RPP professional designation and how a professional is designated, while the word urbaniste may be used to describe a planner. Where possible, it would be desirable to have a common French translation for the RPP professional designation. Recommendation 3

The Canadian Institute of Planners (CIP) and the Affiliates endorse the phasing out of the MCIP and MICU designations and continue to protect the designation through certification trade marks. Background

In the not too distant future more than 95 percent of the English speaking professional planners in Canada will be using the designation RPP. There will no longer be a need for the MCIP designation. Having two designations may be confusing to the public. The MCIP does not indicate that one is certified, chartered or registered, but indicates that one is merely a "Member". Promoting one brand will make it easier to clarify who are planners and what they do. Protecting the MCIP and French equivalent will help to prevent others from considering the use of these designations. This recommendation will not affect the FCIP. The honourific designation FCIP and its French equivalent for fellows will continue to be awarded by CIP. Fellows will be able to use RPP or the designation granted by the Affiliate in which they are currently a member in good standing with and FCIP or the French equivalents. As the designation is honourific, it will not be necessary for Affiliates to seek right to title legislation to protect the FCIP. CIP may wish to trademark the designation FCIP. While the Affiliates officially grant the RPP designation, CIP has membership and provides specific professional membership to those who meet criteria they establish. Most professional planners in Canada belong to both CIP and an Affiliate organization.

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CIP membership is optional for regulated urbanistes in Quebec. Accordingly CIP by-laws, regulations, affiliation and recognition agreements and related policy must recognize the criteria for professional membership and the applicable and professional designation. In addition, the CIP and Affiliates through the National Membership Standards Committee establishes membership standards for certification. The standards are specific for qualification as an RPP or its equivalent. The national organization for professional groups in Canada plays a key role in facilitating and coordinating the development of standards. The timing for transitioning away from the MCIP needs to allow sufficient time for RPP and the French language equivalent to be established as the brand for Anglophone and francophone Planners in Canada. The phasing out should be done in agreement with CIP and the Affiliates.

Recommendation 4

That the terms of reference for the CIP/Affiliate Joint Administrators Group be revised to include a reference to monitoring and sharing information on scope of practice and overlapping or competing situations for the planning profession in Canada, and provide an annual report. And that the information be provided to all Councils and any applicable committees.

Background

While there is no specific recommendation to deal with a specific professional or occupational groups moving into the planning profession's scope of work, there is an obligation to members and the profession to monitor and be prepared to act, as required. Having a group assigned responsibility as part its terms of reference will ensure focus and accountability occurs on an ongoing basis.

Recommendation 5

That CIP and Affiliates pursue a coordinated approach and increase activities to enhance image and awareness for the profession, the RPP and French equivalent designation, and scope of practice. And the NMSC develop a scope of practice based on the competency standards that can be used to support monitoring and image and awareness activities.

Background

Professional groups engage in image and awareness activities on a regular basis. Sometimes the messages delivered by provincial and national groups are out of sync, or duplications occur. This means that efficient use of the limited resources is not occurring. When national and provincial marketing and communication groups are established and are not policy based, they tend to dabble in communications and marketing activity, often with no expertise in this area. While input, policy and outcomes can be generated from volunteer leaders, the strategy and implementation elements should be allocated to staff, where possible.

Coordinated sharing of practices and tools promotes quality and makes best use of resources. Information on the current situation and requirements for activities to accommodate PFF changes

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suggests this area should be reviewed and arrangements made to ensure future coordination. Future messaging should state not only the importance of the profession, but should also inform people what planners do. (i.e. scope).

Recommendation 6

That CIP and Affiliates identify and act on opportunities to be named in planning and fairness legislation, agreements related to labour mobility, and other applicable regulations and policy specifying planning related qualifications and scope of practice. CIP will monitor activity at the federal level and affiliates at the provincial and territorial level and will share information as applicable.

Background

Obtaining regulatory status and licensing is next to impossible for many professional groups. Governments are reluctant to restrict a scope of practice in a changing multidisciplinary world. If governments open the door for one group, they will be pressured by others for similar status and they are not prepared to let this happen.

Some professional groups understand the status and recognition that may arise by obtaining regulatory or licensing status, but it opens the door to other challenges. In fact, some groups are concerned about intrusion by governments and do not wish to pursue regulatory or licensing status. The true value of a profession is recognized in the market place by the professionals being respected and services being valued. The value in the marketplace is often reflected in career ads and request for proposals. For example, banks require that a qualified appraiser is used to provide appraisals. Prior to the planning profession considering future regulatory or licensing activity, action should be taken to set the stage to ensure the profession is doing what is necessary to be recognized in the marketplace. Some activities could include:

having the designation named as a requirement in an applicable position description and recruitment advertisement;

having the designation named in a request for proposal for planning related services;

having municipal by-laws, policies or processes point to the designation or scope of work; and

by identifying planning legislation that defines professional planner as someone with an RPP or urbanist professional qualification.

To support information sharing in this area, the Joint Administrators Group should maintain an inventory of current arrangements and practices, initiatives underway and have this information available for staff and volunteers engaged in legislative and promotion activities. As noted previously, notwithstanding the difficulties associated with gaining full public act self-regulated status, the Ontario Professional Planners Institute has begun exploring this possibility in the province of Ontario. OPPI’s proposal will probably include a broad “scope of practice” (in the sense of a definition of the “practice of professional planning”, activities that an RPP is permitted to undertake) but a very narrow set of “restricted acts” (i.e., exclusive scope of practice that only an RPP is permitted to undertake).

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As APPI and PIBC undertake their reviews and plan initiatives they may engage in activities that may support this recommendation.

3. SUMMARY AND CONCLUSION

The PFF and its various initiatives are helping the profession to enhance its image and awareness, standards, and the capabilities of its members. The work of this task force and the recommendations that have been presented will help contribute to the advancement of the planning profession in Canada. A professional group can have quality standards leading to professional certification. However, the impact expected can be moderated by confusion in the designations for the profession and the actual scope of the professional group. The task force has taken the terms of reference, looked at the situation, and identified possible improvements and recommendations that will help to improve the image of the profession, its designation, and the scope of practice of its professional members. It is hoped that the content and recommendations in this report will build upon foundations established in earlier stages of the PFF. Implementation of the recommendations call for a strong common commitment to advancing the planning profession in Canada to a level where planners and the profession can provide quality services and be recognized for their excellence in the scope of work as defined by the competencies and the changing planning definitions. To successfully implement the recommendations there will be a need for a stronger and better aligned relationship between CIP, the National Membership Standards Committee, Affiliates and the Joint Administrative Group.

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Appendix A - Task Force Members

The Legislative Task Force includes the following individuals:

Charles W. Lanktree, MCIP, RPP (Chair) OPPI Representative on National Membership Standards Committee

Claude Beaulac MICU, urbaniste OUQ Karen Bolton, MCIP, PPS APCPS Steven Brasier, CAE CIP Brian Brophey OPPI André Daigle, MCIP/MICU, RPP/UPC API Brian J. Kropf, RPP, MCIP APPI Christopher Leach, MCIP MPPI Bruce Simard, MCIP PIBC The task force was assisted by: Jim Pealow, CAE, CMA, CMC PFF Project Consultant AMCES

Appendix B - Legislative Summary

Organization Designations Used

Designations Reserved by Legislation

Other Legislation or References Pointing to the Designations

Designation Trade Marked

General Comments and Current Initiatives

PIBC

MCIP MCIP, RP BC Society Act

None No A Professional Legislation & Certification Task Force is in place and working on a report. An option exists to amend the Society Act to specify RPP.

(Yukon) MCIP None None

No

APPI RPP, MCIP, RPP, Regulation O.C. 241/10 as amended - Professional and Occupational Associations Registration Act

None No APPI finalized its regulations under the act in 2010. The regulations were amended slightly in 2011 to ensure they continue to reflect the evolving PFF requirements. In September 2011, APPI Council agreed to investigate “right-to-practice” options and actively pursue legislation.

(NWT) RPP, MCIP None Planning Act provides for general plans to be prepared under the direction of a qualified planning officer or qualified planning consultant.

No

(Nunavut) RPP, MCIP None Planning Act provides for general plans to be prepared under the direction of a qualified planning officer or qualified planning consultant.

No

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Organization Designations Used

Designations Reserved by Legislation

Other Legislation or References Pointing to the Designations

Designation Trade Marked

General Comments and Current Initiatives

APCPS MCIP, PPS PPS, Community Planning Profession Act

The Planning and Development Act, 2007 requires a PPS to sign a proposed plan of subdivision, OCP and to enable municipalities to apply for approving authority. Endorsement: Government of Saskatchewan, Assessing Your Planning Needs http://www.municipal.gov.sk.ca/District-Intermunicipal-Planning/Planning-Needs

No A proposed new bylaw references the “Registered Professional Planner or RPP” designation which is consistent with the PFF recommendations. The current Act does not recognize the “Registered Professional Planner” (RPP) designation but rather refers to “professional community planner.” As an interim solution, to remain conforming with the Act until it is amended later this year APCPS is providing a direct link or sub-definition if you will to achieve both objectives.

MPPI MCIP None None No MPPI is actively pursuing right-to-title legislation.

OPPI MCIP, RPP RPP, An Act Respecting the Ontario Professional Planners Institute

By-law 4 of the Law Society of Upper Canada (testify as expert witnesses at OMB hearings)

No Council has endorsed the recommendation of the Professional Practice Advisory Group to pursue stronger legislation and self-regulation for the planning profession in Ontario. Communications and consultations ongoing with members, government, and non-government stakeholders – e.g., presentations at Ontario conference.

OUQ

MICU, urbaniste

Urbanist, Code des professions

None No

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Organization Designations Used

Designations Reserved by Legislation

Other Legislation or References Pointing to the Designations

Designation Trade Marked

General Comments and Current Initiatives

API - NB MCIP, RPP MICU, UPC

RPP, UPC Registered Professional Planners Act

The Community Planning Act refers to planners as those entitled to use MCIP or FCIP and those persons tasked with the preparation of a municipal plan.

No Unproclaimed legislation attempts to require planners to certify other planning documents. (An Act to Amend the Community Planning Act, SNB 2007, s. 5)

API - NS MCIP, LPP LPP, An Act Respecting Licensing Professional Planners

None No

API - NL MCIP MCIP, Urban and Rural Planning Act

Urban and Rural Planning Act requires planners (full members of CIP) certify plans (s. 13).

No

API - PEI MCIP None

None No

CIP MCIP None

The By-laws approved by Industry Canada, acknowledge the right to award the MCIP based on specific standards.

No