Professional Governance General Regulation
This regulation sets application, reporting, register, website, and review requirements for professional regulatory organizations and related officials.
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Professional Governance General Regulation
This regulation sets application, reporting, register, website, and review requirements for professional regulatory organizations and related officials.
(no amdt) alberta regulation 11/2026 Professional Governance Act PROFESSIONAL GOVERNANCE GENERAL REGULATION Table of Contents 1 Applications for designation as professional regulatory organization 2 Criteria and factors re applications for designation as professional regulatory organization 3 Applications for amalgamation 4 Criteria and factors re applications for amalgamation 5 Annual report 6 Directory of officials 7 Code of ethics and conduct and practice standards and guidelines 8 Register 9 Record of information 10 Website 11 Designation reviews 12 Coming into force Applications for designation as professional regulatory organization 1 An application for designation as a professional regulatory organization must include (a) a completed copy of the application form published in accordance with section 5(2) of the Act, and (b) all information required to be included with the application form, as published in accordance with section 5(2) of the Act. Criteria and factors re applications for designation as professional regulatory organization 2 (1) When reviewing an application and providing advice on whether it would protect the public interest to designate a professional association as a professional regulatory organization under the Act, a professional governance officer must consider the following criteria and factors: (a) whether the membership of the professional association consists of a group of persons practicing an identifiable profession or professions; (b) the degree to which designating the professional association as a professional regulatory organization would serve to safeguard life, health or the environment, or the safety, property or economic interests of the public, as applicable; (c) the potential costs and benefits of regulating under this Act the professionals the professional association consists of, including the expected effect on (i) access to the services of the profession or professions to which the professional association relates, including the availability of the professionals the professional association consists of, (ii) education and training programs relating to the profession or professions to which the professional association relates, (iii) the quality and efficiency of services provided by professionals in the profession or professions to which the professional association relates, and (iv) the price of services provided by the professionals the professional association consists of; (d) the risk to the public from incompetent, unethical or incapacitated practice by members of the profession or professions the professional association consists of; (e) what effect, if any, there would be on any agreements on trade and labour mobility to which the Government of Canada or Government of Alberta is a signatory if the profession or professions to which the professional association relates becomes a regulated profession and the professional association is designated as a professional regulatory organization; (f) whether there are a sufficient number of persons engaged in the profession or professions to which the professional association relates to warrant designation as a professional regulatory organization; (g) whether the professional association consists of a significant proportion of the persons engaged in the practice of the profession or professions to which the professional association relates; (h) whether the purpose or objects of the professional association relate to advancing the interests of the profession or professions to which the professional association relates; (i) whether the proposed professional regulatory organization will be able to carry out its powers, duties and responsibilities under the Act; (j) whether another professional association or an existing professional regulatory organization is better placed to carry out the powers, duties and responsibilities of the Act with respect to the members of the profession or professions to which the professional association relates; (k) the extent and purposes for which the professional association is governed by an Alberta enactment; (l) whether the proposed name of the professional regulatory organization may cause the public undue confusion in relation to the name of a professional regulatory organization or another profession or trade governed by an Alberta enactment; (m) whether a current or proposed title to be used by members of the proposed professional regulatory organization, alone or in combination with any current or proposed name, description, abbreviation, initials, letter, symbol or other words, is the same as or may cause the public undue confusion in relation to a title that is used alone or in combination with any name, description, abbreviation, initials, letter, symbol or other words by members of a professional regulatory organization or another profession governed by an Alberta enactment; (n) whether other professional associations or professional regulatory organizations support the professional association’s application for designation as a professional regulatory organization; (o) whether the professional association represents its members in the negotiation of collective bargaining agreements; (p) the length of time the professional association has existed and whether it has been incorporated; (q) the financial position of the professional association; (r) the sufficiency of the proposed preliminary budget for the first year of operation for the proposed professional regulatory organization, including the proposed preliminary budget for the management of the proposed professional regulatory organization and for carrying out its powers, duties and responsibilities under the Act; (s) the long‑term economic viability of the proposed professional regulatory organization; (t) the education, training, experience, knowledge, skills, proficiency or judgment required for registration as a member of the professional association; (u) what, if any, continuing competence program is in place for members of the professional association, and how the continuing competence program would be maintained if the professional association is designated as a professional regulatory organization; (v) whether the professional association has existing or proposed bylaws; (w) the professional association’s governance structure; (x) any other factors the professional governance officer considers relevant. (2) When deciding whether to recommend that the Lieutenant Governor in Council issue an order designating a professional association as a professional regulatory organization, the Minister must consider the following criteria and factors: (a) the criteria and factors identified in subsection (1)(a) to (w); (b) any other factors the Minister considers relevant. Applications for amalgamation 3 An application for amalgamation must include (a) a completed copy of the application form published in accordance with section 13(2) of the Act, and (b) all information required to be included with the application form, as published in accordance with section 13(2) of the Act. Criteria and factors re applications for amalgamation 4 (1) When reviewing an application and providing advice on whether it would protect the public interest to amalgamate 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations into one amalgamated professional regulatory organization, a professional governance officer must consider the following criteria and factors: (a) whether the membership of the applicant professional regulatory organizations and professional associations consists of a group of persons practicing an identifiable profession or professions; (b) the degree to which amalgamating the applicant professional regulatory organizations and professional associations would serve to safeguard life, health or the environment, or the safety, property or economic interests of the public, as applicable; (c) the potential costs and benefits of regulating the professionals the applicant professional regulatory organizations and professional associations consist of under an amalgamated professional regulatory organization, including the expected effect on (i) access to the services of the profession or professions to which the applicant professional regulatory organizations and professional associations relate, including the availability of the professionals the applicant professional regulatory organizations and professional associations consist of, (ii) education and training programs relating to the profession or professions to which the applicant professional regulatory organizations and professional associations relate, (iii) the quality and efficiency of services provided by professionals in the profession or professions to which the applicant professional regulatory organizations and professional associations relate, and (iv) the price of services provided by the professionals the applicant professional regulatory organizations and professional associations consist of; (d) the risk to the public from incompetent, unethical or incapacitated practice by members of the profession or professions the applicant professional regulatory organizations and professional associations consist of; (e) what effect, if any, there would be on any agreements on trade and labour mobility to which the Government of Canada or Government of Alberta is a signatory if the applicant professional regulatory organizations and professional associations are amalgamated; (f) whether the number of members in the applicant professional regulatory organizations and professional associations is appropriate for amalgamation; (g) whether the applicant professional regulatory organizations and professional associations consist of a significant proportion of the persons engaged in the practice of the profession or professions the amalgamated professional regulatory organization would regulate; (h) whether the purpose or objects of any applicant professional associations relate to advancing the interests of the profession or professions the amalgamated professional regulatory organization would regulate; (i) whether there is a common interest in the proposed amalgamated professional regulatory organization, including whether the professions the applicant professional regulatory organizations and professional associations relate to are similar professions; (j) whether there is a reasonable rationale for the proposed amalgamation; (k) whether the proposed amalgamated professional regulatory organization will be able to carry out its powers, duties and responsibilities under the Act; (l) whether an existing professional regulatory organization is better placed to carry out the powers, duties and responsibilities of the Act with respect to the members of the profession or professions the applicant professional regulatory organizations and professional associations consist of; (m) the extent and purposes for which any applicant professional associations are governed by an Alberta enactment; (n) whether the proposed name of the amalgamated professional regulatory organization may cause the public undue confusion in relation to the name of a professional regulatory organization or another profession or trade governed by an Alberta enactment; (o) whether a proposed title to be used by members of the amalgamated professional regulatory organization, alone or in combination with any name, description, abbreviation, initials, letter, symbol or other words, is the same as or may cause the public undue confusion in relation to a title that is used alone or in combination with any name, description, abbreviation, initials, letter, symbol or other words by members of a professional regulatory organization or another profession governed by an Alberta enactment; (p) whether other professional associations or professional regulatory organizations support the applicant professional regulatory organizations’ and professional associations’ application for amalgamation; (q) whether the applicant professional regulatory organizations and professional associations represent their members in the negotiation of collective bargaining agreements; (r) the length of time the applicant professional regulatory organizations and professional associations have existed and whether the applicant professional associations, if any, have been incorporated; (s) the financial position of the applicant professional regulatory organizations and professional associations; (t) the sufficiency of the proposed preliminary budget for the first year of operation for the proposed amalgamated professional regulatory organization, including the proposed preliminary budget for the management of the proposed amalgamated professional regulatory organization and for carrying out its powers, duties and responsibilities under the Act; (u) the long‑term economic viability of the proposed amalgamated professional regulatory organization; (v) the education, training, experience, knowledge, skills, proficiency or judgment required for registration as a member of the applicant professional regulatory organizations and professional associations; (w) what, if any, continuing competence program is in place for members of the applicant professional regulatory organizations and professional associations, and how the continuing competence program would be maintained if the applicant professional regulatory organizations and professional associations are amalgamated as a professional regulatory organization; (x) whether any applicant professional associations have existing bylaws; (y) whether the applicant professional regulatory organizations and professional associations have proposed bylaws for the amalgamated professional regulatory organization; (z) the governance structure of any applicant professional associations; (aa) whether the applicant professional regulatory organizations and professional associations have a proposed governing body structure; (bb) how transitional matters will be addressed, including transitions respecting (i) the composition of the governing body, committees, tribunals, panels, task forces and sub‑committees of the amalgamated professional regulatory organization, (ii) the directory of officials referred to in section 49 of the Act, (iii) the registration of registrants of the amalgamated professional regulatory organization, (iv) the code of ethics and conduct, practice standards and guidelines and bylaws of the amalgamated professional regulatory organization, and (v) ongoing applications, practice reviews, investigations, alternative complaint resolution processes, disciplinary hearings and appeals; (cc) any other factors the professional governance officer considers relevant. (2) When deciding whether to recommend that the Lieutenant Governor in Council issue an order amalgamating 2 or more professional regulatory organizations or one or more professional regulatory organizations and one or more professional associations into one amalgamated professional regulatory organization, the Minister must consider the following criteria and factors: (a) the criteria and factors identified in subsection (1)(a) to (bb); (b) any other factors the Minister considers relevant. Annual report 5 A professional regulatory organization’s annual report must contain the following: (a) registration information, including the following information as of the end of the professional regulatory organization’s most recent reporting year: (i) the number of registrants in each category and class of registrant; (ii) the number of complete applications for registration received by the professional regulatory organization in each category and class of registrant during the reporting year; (iii) the number of registrants in each category and class of registrant registered by the professional regulatory organization during the reporting year; (iv) the number of non‑regulated members of the professional regulatory organization; (v) the number of non‑regulated members enrolled as a non‑regulated member of the professional regulatory organization during the reporting year; (b) a statement that (i) identifies the number of meetings or hearings held by each committee or tribunal of the professional regulatory organization during the professional regulatory organization’s most recent reporting year, and (ii) provides a summary of the activities of each committee and tribunal during the professional regulatory organization’s most recent reporting year; (c) a summary of information about the professional regulatory organization’s continuing competence program, including the number of courses or session offerings and participation rates for those courses or offerings during the professional regulatory organization’s most recent reporting year; (d) a summary of information about the professional regulatory organization’s practice review program, if one has been established, including the number of practice reviews commenced during the professional regulatory organization’s most recent reporting year, the number of practice reviews continued from a prior reporting year and the status or disposition of those practice reviews; (e) a statement that identifies (i) the number of complaints received by the professional regulatory organization respecting registrants of the professional regulatory organization during the professional regulatory organization’s most recent reporting year, broken down by category and class of registrant unless the identity of an individual who is the subject of the information can be readily ascertained if the information is broken down in this manner, (ii) the number of registrants who were the subject of a complaint during the professional regulatory organization’s most recent reporting year, and (iii) the status of complaints received by the professional regulatory organization, including (A) the number of complaints received by the professional regulatory organization in respect of which a decision was made under section 94 or 104 of the Act during the professional regulatory organization’s most recent reporting year that no further action should be taken, (B) the number of investigations that (I) were continued during the professional regulatory organization’s most recent reporting year from a prior reporting year, (II) were commenced during the professional regulatory organization’s most recent reporting year, (III) were concluded during the professional regulatory organization’s most recent reporting year, and (IV) remain ongoing as of the end of the professional regulatory organization’s most recent reporting year, (C) the average number of days taken to complete an investigation completed during the professional regulatory organization’s most recent reporting year, (D) the number of hearings held during the professional regulatory organization’s most recent reporting year, (E) the number of hearings that were closed to the public in whole or in part during the professional regulatory organization’s most recent reporting year, and (F) the number of appeals that were commenced during the professional regulatory organization’s most recent reporting year or continued from a prior reporting year, and the status or disposition of those appeals; (f) a summary of information respecting alternative complaint resolution processes and sanction agreements that were entered into by registrants of the professional regulatory organization during the professional regulatory organization’s most recent reporting year, including the number of complaints that were resolved through an alternative complaint resolution process or a sanction agreement and the types of situations in which an alternative complaint resolution process or a sanction agreement was used; (g) information respecting tribunal orders and sanctions imposed under a sanction agreement during the professional regulatory organization’s most recent reporting year, including the number of registrants (i) whose registration was suspended or cancelled, (ii) who were required to pay a fine, and (iii) who had conditions or restrictions imposed on them or who provided undertakings affecting their practice; (h) an audited financial statement or other financial information set out in a form and manner established by the Minister; (i) any other information or records requested by the Minister. Directory of officials 6 A professional regulatory organization’s directory of officials must include the name and email address for the following: (a) the registrar of the professional regulatory organization; (b) the chair of the professional regulatory organization’s governing body; (c) the chief executive officer or executive director of the professional regulatory organization, if any; (d) the president of the professional regulatory organization, if any. Code of ethics and conduct and practice standards and guidelines 7 (1) A professional regulatory organization’s code of ethics and conduct must contain a set of ethical principles and obligations relating to the practice of the profession or professions the professional regulatory organization regulates and must set out the ethical responsibilities and conduct expected of registrants. (2) A professional regulatory organization’s practice standards and guidelines (a) must establish minimum levels of performance or technical competence expected of registrants in carrying out their professional duties, and (b) may provide general guidance to support registrants in interpreting and applying the professional regulatory organization’s code of ethics and conduct and practice standards and guidelines. Register 8 A professional regulatory organization’s Register must include the following information for each registrant of the professional regulatory organization: (a) the name of the registrant; (b) the category and class of the registrant’s registration; (c) any prohibitions, conditions, limits, restrictions, suspensions or requirements that apply to the registrant, the registrant’s registration or the practice of the registrant. Record of information 9 For the purposes of section 71(1) of the Act, each professional regulatory organization must establish and maintain a record with the following information about each registrant: (a) the registrant’s name; (b) the registrant’s date of registration; (c) the registrant’s unique registration number; (d) the expiry date of the registrant’s evidence of registration, if applicable; (e) any undertakings that apply to the registrant, the registrant’s registration or the practice of the registrant; (f) if the registrant’s registration is restricted to a specific period, the duration of that period; (g) the name of the registrant’s employer, if applicable; (h) the business phone number and email address of the registrant, if any; (i) in the case of a business registrant, the address of its registered head office, if applicable. Website 10 A professional regulatory organization’s website must contain the following: (a) the most recent annual report of the professional regulatory organization; (b) notices of disciplinary hearings under the Act; (c) subject to section 125(3) of the Act, final decisions made by the professional regulatory organization’s discipline tribunal or summaries of those decisions; (d) subject to section 159(3) of the Act, final decisions made by the professional regulatory organization’s appeal tribunal or summaries of those decisions; (e) a statement providing notice that an appeal to the Court of Appeal has been filed with respect to a matter or decision under the Act and the status of each appeal; (f) notice of court decisions relating to an appeal from a decision made under the Act; (g) the bylaws of the professional regulatory organization. Designation reviews 11 In conducting a designation review under section 196 of the Act, when considering whether a professional regulatory organization continues to protect the public interest, a professional governance officer must consider the following: (a) the degree to which the professional regulatory organization serves to safeguard life, health or the environment, or the safety, property or economic interests of the public, as applicable; (b) the potential costs and benefits of continuing to regulate under this Act the profession or professions the professional regulatory organization regulates, including the expected effect on (i) access to the services of the profession or professions the professional regulatory organization regulates, including the availability of the professionals the professional regulatory organization consists of, (ii) education and training programs relating to the profession or professions the professional regulatory organization regulates, (iii) the quality and efficiency of services provided by professionals in the profession or professions the professional regulatory organization regulates, and (iv) the price of services provided by the professionals the professional regulatory organization consists of; (c) the risk to the public from incompetent, unethical or incapacitated practice by members of the profession or professions the professional regulatory organization regulates; (d) whether the professional regulatory organization consists of a significant proportion of the persons engaged in the practice of the profession or professions the professional regulatory organization regulates; (e) whether there are a sufficient number of persons engaged in the profession or professions the professional regulatory organization regulates to warrant continued designation as a professional regulatory organization; (f) whether the professional regulatory organization is able to carry out its powers, duties and responsibilities under the Act; (g) whether the professional regulatory organization is effectively carrying out its powers, duties and responsibilities under the Act; (h) whether another professional regulatory organization is better placed to carry out the powers, duties and responsibilities of the Act with respect to the members of the professional regulatory organization; (i) whether the professional regulatory organization represents its members in the negotiation of collective bargaining agreements; (j) the financial position of the professional regulatory organization; (k) the sufficiency of the budget for the operation of the professional regulatory organization, including the budget for the management of the professional regulatory organization and for carrying out its powers, duties and responsibilities under the Act; (l) the long‑term economic viability of the professional regulatory organization; (m) the education, training, experience, knowledge, skills, proficiency or judgment required for registration as a registrant of the professional regulatory organization; (n) what continuing competence program is in place for registrants of the professional regulatory organization and how the continuing competence program is maintained; (o) whether bylaws, a code of ethics and conduct and practice standards and guidelines have been established by the professional regulatory organization in accordance with the Act, and whether the professional regulatory organization is complying with and enforcing them; (p) any other factors the professional governance officer considers relevant. Coming into force 12 This Regulation comes into force on the coming into force of section 4 of the Professional Governance Act .
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