Bill 40, The Professional Governance Act

On March 11th, Advanced Education Minister Rajan Sawhney introduced Bill 40, The Professional Governance Act. Advanced Education currently administers 9 pieces of legislation that support 28 regulations. These regulations govern 22 professional regulatory organizations (PROs) that cover various occupations including accounting, engineering, architecture, and veterinary medicine.

If passed, Bill 40 would consolidate the professional governance legislation administered by Advanced Education from nine separate acts into one. According to the Government of Alberta, this would ensure that all affected PROs are held to the same standard, including the requirement to protect the public interest.

This legislation would also lead to the implementation of a modernized framework for handling complaints, discipline, and appeals, providing these organizations with access to an “alternative complaint resolution process” and the ombudsman. Additionally, Bill 40 is intended to reflect modern realities and address inconsistencies in the current legislation. This includes repealing outdated provisions, while recognizing technological advancements including the use of electronic signatures and virtual meetings. 

The government attempted to pass a similar bill in 2022, Bill 23, which died on Order Paper after the legislature was adjourned in the spring of that year. At the time, Labour and Immigration Minister Kaycee Madu argued that some of the current legislation was over 30 years old and required updating to resolve inconsistencies in the governance and operations of PROs.  

In a statement, Minister Sawhney argued that “the Professional Governance Act will serve as an example of what good governance and modern policy can really achieve. This legislation will promote high standards of competence, conduct and ethics, ensuring regulatory organizations have flexibility and improved regulatory tools.”

Altogether, Bill 40 would consolidate the following 9 pieces of legislation:

·         The Agrology Profession Act

·         The Architects Act

·         The Chartered Professional Accountants Act

·         The Consulting Engineers of Alberta Act

·         The Engineering and Geoscience Professions Act

·         The Land Surveyors Act

·         The Professional and Occupational Associations Registration Act

·         The Regulated Forest Management Profession Act

·         The Veterinary Profession Act

NDP Advanced Education critic David Eggen has raised concerns over preserving the professional autonomy of each PRO if the Professional Governance Act is passed. Eggen stated in the legislature that “we have to respect each of the traditions that all of these professions are coming from and make sure that we’re not burdening them with unnecessary expense and bureaucracy as well.”

If Bill 40 is passed, Eggen stressed the need for the government to support these organizations with the cost of implementation. He argued that the government must provide the appropriate “finances and resources” if the changes are implemented, citing the limited resources of some of these organizations.

What Are PROs Saying About Bill 40?

Many PROs have issued statements responding to Bill 40, indicating that they require time to review the proposed legislation and properly assess how it will impact their organizations. Some PROs have offered early praise for the proposed legislation’s efforts to modernize the province’s professional regulations.

Jay Nagendran, registrar and CEO with the Association of Professional Engineers and Geoscientists (APEGA), issued a statement welcoming the introduction of Bill 40. “This bill is a significant opportunity to modernize the legislation that regulated Alberta’s engineers and geoscientists – something APEGA has been focused on for more than a decade. It will make effective changes to our regulatory toolbox while ensuring our century-long mandate remains the same: acting in the best interests of Albertans and public safety.”

Similarly, the Alberta Land Surveyors’ Association voiced approval of the legislation, viewing this “as an opportunity to modernize and update its professional regulatory regime.” In a statement, executive director Brian Munday expressed that “The Professional Governance Act will give us greater opportunity and flexibility to ensure land surveyors have the competencies and skills they need in these modern times.”

The Professional Governance Act is currently on the second reading in the legislature. If passed, Bill 40 is intended to be proclaimed in June 2026, with implementation staggered across the different PROs.