Review on the Record
This information applies to reviews of decisions made by the Credentials Committee. There is a separate process for a review on the record of a decision made by the Audit and Practice Review Committee.
Under the Professional Governance Act and Engineers and Geoscientists BC’s Bylaws, applicants for registration may apply to have a decision of the Credentials Committee reviewed as a reconsideration or as a review on the record. Both reconsideration and review on the record are intended to ensure fairness and integrity of the review process.
A review on the record re-evaluates only the application and documents the applicant provided for the initial decision. However, in special circumstances an applicant may request that the Registrar consider evidence not previously submitted for decision of the Credentials Committee.
By comparison, under Bylaw 5.21 Reconsideration of a Decision of the Credentials Committee, the Credentials Committee reconsiders the decision that was previously made, and special circumstances are not required for an Applicant to submit evidence that was not previously before the Credentials Committee.
While not required, an Applicant is entitled to be represented by legal counsel throughout the review on the record process.
Within 30 days of receipt of a decision made by the Credentials Committee, applicants may apply for a review on the record in writing, unless otherwise directed by the Registrar. If the request for a review on the record is not submitted within 30 days of receiving notice of the Credentials Committee’s decision, the decision made by the Credentials Committee stands.
An applicant is considered to have received notice on the date the decision is emailed to the email address provided at the time of application. It is the responsibility of the applicant to ensure that their email address is kept up to date.
A review on the record may only occur after an individual receives notice about a decision made by the Credentials Committee on:
- An application for registration; or
- An application for reconsideration of a decision of the Credentials Committee.
As outlined in section 5.22(2) of the Bylaws, an Applicant applying for a review on the record must set out all of the following, in writing:
- A clear indication of the decision(s) made by the Credentials Committee;
- The position of the applicant suggesting the decision of the Credentials Committee was flawed; and
- The relief sought by the applicant.
Please note that all applicable review on the record fees must be submitted with the application in order to proceed with the review on the record. Applicants cannot withdraw an application for review on the record once it has been submitted.
A review on the record re-evaluates only the application and documents that the applicant had provided to the Credentials Committee to make its initial decision.
If an applicant wants the Registrar to consider new evidence that was not previously before the Credentials Committee, it should be included with the application for a review on the record.
Bylaw 5.22(5) requires the Applicant to set out and prove how the evidence meets all of the following special circumstances in order for it to be considered by the Registrar:
- The evidence is such that the Applicant, through the exercise of reasonable due diligence, could not have discovered and submitted it prior to the decision of the Credentials Committee;
- The evidence is relevant in the sense that it bears upon a decisive or potentially decisive issue in the matter;
- The evidence is credible in the sense that it is reasonably capable of belief; and
- The evidence is such that, if believed, it could reasonably, when taken with the other evidence that was before the Credentials Committee, be expected to have affected the decision of the Credentials Committee.
If the Registrar decides that the grounds for new evidence are met, and the applicant has not already provided it, the applicant must submit it within at least 30 days of request by the Registrar. In exceptional circumstances, the Registrar retains the discretion to allow an Applicant additional time to submit new evidence.
If an applicant does not submit new evidence for the Registrar to consider, or the special circumstances are not met, the Registrar only considers the records provided by the applicant in the initial decision. The Registrar will review the records to determine if the original decision made by the Credentials Committee was both reasonable and administratively fair.
A review on the record typically concludes within 90 days of receipt of an application in full, including any new evidence the Registrar considers. The Registrar is not bound by any previous decisions of the Credentials Committee. After reaching a decision, the Registrar will, with written reasons:
- Confirm the decision of the Credentials Committee; or
- Substitute the decision of the Credentials Committee, including any conditions or limitations on the registration of the Applicant.
A review on the record decision is final. After the Registrar has provided written notice of the decision, the Applicant cannot:
- Submit a request for reconsideration of a decision of the Credentials Committee; or
- Resubmit a review on the record for the same decision.
- All prices are subject to GST
|Application Fee - Review on the Record
For more information about a review of a decision please contact Registration Support at [email protected] or call 604.412.4856.