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Friday, December 15, 2017

Each code chapter identifies which specific activities require the use of a Qualified Person (QP). Under The Environmental Management and Protection Act, 2010 (EMPA 2010) and The Management and Reduction of Greenhouse Gases Act (MRGGA), QPs are required when proposing an alternative solution, or in some circumstances, following the acceptable solution. Under The Forest Resources Management Act (FRMA), QPs are required when a proponent wishes to submit a forest operating plan at a frequency outside of the annual requirement.

Signing off on an alternative solution
Alternative solutions or overall plans require a senior professional person with a broad background to sign off as the QP for overall responsibility.  Detail within the overall plan might require numerous qualified persons with various competencies. 

Following the acceptable solution
Some chapters of the code require qualified persons when performing the acceptable solutions.  Generally a qualified person is required in an acceptable solution with respect to designing certain works, environmental monitoring or performing certain duties.

Submitting a forest operating plan
A licensee may produce and submit an operating plan at a frequency outside the annual requirement if it is signed by a qualified person.

All parties are required, by law, to take reasonable and prudent action and comply with applicable professional standards and ethics. All parties, including QPs, failing to take reasonable and prudent action and failing to comply with applicable professional standards and ethics may be subject to penalty and/or prosecution.


Code chapters that are results-based allow regulated entities to follow acceptable solutions - a predefined process - or develop their own alternative solutions which always require the signature of a qualified person and acceptance by the Minister of Environment.  Acceptable solutions sometimes require a QP.  Some of the process-based chapters also require the use of a qualified person.    



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