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About

Complaints & Discipline

The Society of Contaminated Sites Approved Professionals of British Columbia (CSAP Society) is responsible for regulating Contaminated Sites Approved Professionals (Members) with respect to their professional competence and conduct in carrying out CSAP Work. CSAP Society’s complaints and discipline process provides a fair and transparent mechanism for addressing concerns regarding a Member’s competence or conduct while undertaking CSAP Work.

Before submitting a formal complaint, individuals are encouraged, where appropriate, to discuss their concerns directly with the Member and attempt to resolve the matter informally. In some cases, concerns may be addressed through communication without the need for a formal complaint. However, informal resolution is not required before filing a complaint.

Making a Complaint

Any person may submit a written complaint to the Executive Director alleging that a Member:

  • Conducted CSAP Work in an incompetent manner; or
  • Engaged in professional misconduct, conduct unbecoming a Member, or conduct contrary to the CSAP Rules while carrying out CSAP Work.

Complaints must be submitted using the prescribed Complaint Form and include all relevant information supporting the complaint. A complaint must relate to a submission to the Ministry Director respecting work under Protocol 6, or to another matter specifically designated as “CSAP Work” under the CSAP Rules.

Complaints must be filed within six (6) months of the complainant becoming aware of, or having ought reasonably to have become aware of, the grounds for the complaint.

Complaint Form

Before submitting a complaint, please review the applicable complaint and discipline provisions of the CSAP Bylaws and Rules.

The complaint must be submitted using the CSAP Complaint Form and should provide all relevant details, including factual information about the concern, the conduct or work in question, relevant dates, and any supporting documentation. A separate Complaint Form must be completed and submitted for each Member named in the complaint. Completed forms and all supporting materials must be emailed to the Executive Director.

Investigation

Upon receipt of a complaint, the Executive Director reviews the complaint to confirm that it is complete and meets the requirements of the CSAP Bylaws and Rules. If those requirements are met, the matter is referred to an investigator.

The investigator is responsible for conducting a fair, impartial, and thorough review of the complaint. Both the complainant and the Member who is the subject of the complaint will be given an opportunity to provide information, evidence, and submissions. The investigator may also seek information from other relevant sources where appropriate.

At the conclusion of the investigation, the investigator determines, on the balance of probabilities, whether the complaint:

  1. Is reasonably accurate; and
  2. Relates to one or more of the grounds for complaint set out in section 6.2(1) of the CSAP Bylaws.

If these criteria are met, the investigator will refer the matter to the Discipline Committee and provide notice of the referral to both the complainant and the Member. If the criteria are not met, the investigator will provide notice of that determination to both parties.

Complaints that are determined to be frivolous or vexatious will not be referred to the Discipline Committee.

Discipline Hearing

Where a matter is referred, the Discipline Committee will conduct a discipline hearing in accordance with the CSAP Bylaws. The Committee will:

  • Make reasonable efforts to schedule a hearing within 15 working days of receiving the referral;
  • Provide the Member with an opportunity to be heard;
  • Consider relevant evidence and submissions; and
  • Issue a written decision, including reasons for the decision.

All discipline hearings and related materials are confidential and are not open to the public. The Discipline Committee conducts hearings in a manner that ensures procedural fairness to all parties.

Sanctions

Where the Discipline Committee determines that a breach of the CSAP Bylaws has occurred, it may impose sanctions intended to protect the public interest and address deficiencies in a Member’s conduct or practice.

Sanctions may include:

  • Conditions on the Member’s membership or CSAP Work; and/or
  • Additional education or training requirements.

For more serious matters, the Discipline Committee may recommend that the Board:

  • Suspend a Member’s membership;
  • Rescind a Member’s membership; or
  • Impose other measures it considers appropriate.

Appeals

A Member may appeal a Discipline Committee decision by filing a written appeal with the Executive Director within 15 working days of receiving the decision or notice of suspension.

The Board may hear the appeal directly or appoint an appeal committee. Following its review, the Board may:

  • Confirm the Discipline Committee’s decision;
  • Allow the appeal; or
  • Refer the matter back to the Discipline Committee for reconsideration.

Notifications of Sanctions

Where a Member’s membership is suspended or rescinded, notice to the Ministry Director is mandatory. The Board may also direct that notice be provided to the Member’s Parent Organization or to other appropriate persons or organizations where it considers such notification to be in the best interests of the Society and the public.