Protecting the public from the politicization of British Columbia's regulatory bodies

To AG.Minister@gov.bc.ca,

The Honourable Niki Sharma, K.C.
Attorney General of British Columbia
Ministry of Attorney General
Parliament Buildings, Room 232
Victoria, British Columbia, V8V 1X4

Dear Minister Sharma,

RE: Protecting the public from the politicization of British Columbia’s regulatory bodies 

Professional regulatory bodies in BC, such as those governing medical staff under the Health Professions Act, engineers under the Professional Governance Act, and lawyers under the Legal Professions Act, play a vital role in creating and maintaining standards of technical proficiency. 

These regulatory bodies were never intended to adopt a political agenda of any kind, or to regulate the personal beliefs or political expression of the members of the profession. To the contrary, “professionals” are supposed to exercise independent judgment and provide independent advice to Canadians. 

Unfortunately, in recent years, most of these same regulatory bodies have expanded their authority far beyond their original mandate. Instead of simply upholding professional standards, many of these regulatory bodies are now advancing political causes, advocating for ideology, and disciplining members who express disagreement.

Regulated professionals now find themselves compelled to say or endorse things they do not believe, which violates their freedoms of expression, conscience and religion – protected by sections 2(b) and 2(a) of the Canadian Charter of Rights and Freedoms. If this trend continues, the professions will be increasingly populated only by members who are ideologically compliant and hostile to client-centred decision-making.

When regulators directly or indirectly compel speech, or otherwise pursue political objectives by embedding ideology into mandatory courses or codes of ethics, they undermine both public trust and the critical independence of the professionals who are required to be members of the regulator.

I therefore urge you and all Members of the Legislative Assembly of British Columbia to support the introduction of legislation that will: 

1. Expressly prohibit all regulatory bodies in British Columbia from adopting or pursuing any political objectives;

2. Expressly prohibit all regulatory bodies in British Columbia from monitoring and controlling the speech of their members, such that members will be free to express their opinions privately and publicly;

3. Expressly prohibit all regulatory bodies in British Columbia from including political and ideological content in their regulation, including in definitions of competence and ethics.

This legislation, as outlined above, will make it abundantly clear that regulatory bodies in British Columbia can no longer monitor or control the speech of their members, nor require (directly or indirectly) their members to adopt or to live by any political position or ideology. Regulatory bodies must focus only on competence and ethics.

British Columbia should lead the way on addressing this Canada-wide problem, and show other provinces how to restore integrity and professionalism in regulated professions. Further below, you will find a full list of regulated professionals in British Columbia that would benefit from the legislation being proposed:

Accountants – regulated under the Chartered Professional Accountants Act (S.B.C. 2015, c. 1) by the Chartered Professional Accountants of British Columbia; Acupuncturists – regulated under the Health Professions Act by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia; Agrologists – regulated under the Professional Governance Act (S.B.C. 2018, c. 47) by the BC Institute of Agrologists; Applied Biology Professionals – regulated under the Professional Governance Act by the College of Applied Biologists; Applied Science Technologists and Technicians – regulated under the Professional Governance Act by the Applied Science Technologists and Technicians of BC (ASTTBC); Architects Act (R.S.B.C. 1996, c. 17) – regulates architects (via the Architectural Institute of British Columbia); Audiologists – regulated under the Health Professions Act by the College of Speech and Hearing Health Professionals of British Columbia; Biologists – regulated under the Professional Governance Act by the College of Applied Biologists; Chartered Professional Accountants Act (S.B.C. 2015, c. 1) – regulates the accounting profession through CPABC; Chiropractors – regulated under the Health Professions Act by the College of Chiropractors of British Columbia; Combined Laboratory and X-ray Technologists – regulated under the Health Professions Act by the College of Medical Laboratory Technologists of British Columbia (no separate college for X-ray technologists in B.C.); Community Care and Assisted Living Act (S.B.C. 2002, c. 75) – establishes standards for Early Childhood Educators and other care professionals through the Early Childhood Educator Registry; Dental Assistants – regulated under the Health Professions Act by the College of Dental Hygienists of British Columbia (assistants are overseen under dentists’ regulations rather than a separate college); Dental Hygienists – regulated under the Health Professions Act by the College of Dental Hygienists of British Columbia; Dental Technologists – regulated under the Health Professions Act by the College of Dental Technicians of British Columbia; Dental Therapists – regulated under the Health Professions Act by the College of Dental Hygienists of British Columbia (transitioning to new Oral Health College under HPOA); Dentists – regulated under the Health Professions Act by the College of Dental Surgeons of British Columbia; Denturists – regulated under the Health Professions Act by the College of Denturists of British Columbia; Dietitians – regulated under the Health Professions Act by the College of Dietitians of British Columbia; Early Childhood Educators – regulated under the Community Care and Assisted Living Act by the Early Childhood Educator Registry, Ministry of Education and Child Care; Engineers and Geoscientists – regulated under the Professional Governance Act (S.B.C. 2018, c. 47) by Engineers and Geoscientists BC; Financial Advisors, Insurance Agents, and Mortgage Brokers – regulated under the Financial Institutions Act (R.S.B.C. 1996, c. 141) by the BC Financial Services Authority, overseen by the Ministry of Finance; Foresters – regulated under the Professional Governance Act by Forest Professionals British Columbia; Funeral Directors and Embalmers – regulated under the Cremation, Interment and Funeral Services Act (S.B.C. 2004, c. 35) by Consumer Protection BC, Ministry of Public Safety and Solicitor General; Hearing Instrument Practitioners – regulated under the Health Professions Act by the College of Speech and Hearing Health Professionals of British Columbia; Health Professions Act (R.S.B.C. 1996, c. 183) (to be replaced by the Health Professions and Occupations Act) – umbrella statute regulating most health-related professions through individual colleges;
Land Surveyors – regulated under the Land Surveyors Act (R.S.B.C. 1996, c. 246) by the Association of BC Land Surveyors; Lawyers – regulated under the Legal Profession Act (R.S.B.C. 1998, c. 9) by the Law Society of British Columbia; Licensed Practical Nurses – regulated under the Health Professions Act by the British Columbia College of Nurses and Midwives; Massage Therapists – regulated under the Health Professions Act by the College of Massage Therapists of British Columbia; Medical Laboratory Technologists – regulated under the Health Professions Act by the College of Medical Laboratory Technologists of British Columbia; Midwives – regulated under the Health Professions Act by the British Columbia College of Nurses and Midwives; Naturopathic Physicians – regulated under the Health Professions Act by the College of Naturopathic Physicians of British Columbia; Notaries Public – regulated under the Notaries Act (R.S.B.C. 1996, c. 334) by the Society of Notaries Public of British Columbia, under the Attorney General; Nurses (Registered Nurses) – regulated under the Health Professions Act by the British Columbia College of Nurses and Midwives; Occupational Therapists – regulated under the Health Professions Act by the College of Occupational Therapists of British Columbia; Opticians – regulated under the Health Professions Act by the College of Opticians of British Columbia; Optometrists – regulated under the Health Professions Act by the College of Optometrists of British Columbia; Paramedics – to be regulated under the Health Professions and Occupations Act (currently under Emergency Health Services, Ministry of Health); Pharmacists & Pharmacy Technicians – regulated under the Health Professions Act by the College of Pharmacists of British Columbia; Physicians & Surgeons – regulated under the Health Professions Act by the College of Physicians and Surgeons of British Columbia; Physiotherapists – regulated under the Health Professions Act by the College of Physical Therapists of British Columbia; Podiatric Surgeons (Podiatrists) – regulated under the Health Professions Act by the College of Physicians and Surgeons of British Columbia; Professional Governance Act (S.B.C. 2018, c. 47) – regulates engineers, geoscientists, foresters, biologists, agrologists, and applied science technologists through designated professional colleges; Psychiatric Nurses – regulated under the Health Professions Act by the British Columbia College of Nurses and Midwives; Psychologists – regulated under the Psychologists Act (R.S.B.C. 1996, c. 383) by the College of Psychologists of British Columbia; Real Estate Professionals – regulated under the Real Estate Services Act (S.B.C. 2004, c. 42) by the BC Financial Services Authority, overseen by the Ministry of Finance; Registered Massage Therapists – regulated under the Health Professions Act by the College of Massage Therapists of British Columbia; Respiratory Therapists – regulated under the Health Professions Act by the College of Respiratory Therapists of British Columbia; Security Workers and Private Investigators – regulated under the Security Services Act (S.B.C. 2007, c. 30) by the Ministry of Public Safety and Solicitor General; Social Workers – regulated under the Social Workers Act (S.B.C. 2008, c. 31) by the British Columbia College of Social Workers; Speech-Language Pathologists – regulated under the Health Professions Act by the College of Speech and Hearing Health Professionals of British Columbia; Teachers – regulated under the Teachers Act (S.B.C. 2011, c. 19) by the BC Teachers’ Council; Traditional Chinese Medicine Practitioners – regulated under the Health Professions Act by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia;
Veterinarians – regulated under the Veterinarians Act (R.S.B.C. 1996, c. 476) by the College of Veterinarians of British Columbia. 

Sincerely,