Mutual Reliance Review System: Acceptance of American Institute of Professional Geologists as a "professional organization" under NI 51-101.
Applicable National Instrument
National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities - section 1.1(w)(iv)B).
Citation: The American Institute of Professional Geologists, 2004 ABASC 1025 Date: 2004-10-04
In the Matter of the Securities Legislation of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, New Brunswick, Newfoundland and Labrador, Yukon, Northwest Territories and Nunavut and
In the Matter of National Instrument 51-101
Standards of Disclosure for Oil and Gas Activities (NI 51-101) and
In the Matter of the Mutual Reliance Review System for Exemptive Relief Applications and
In the Matter of The American Institute of Professional Geologists (AIPG) and its members who are Certified Professional Geologists MRRS Decision Document
1. The local securities regulatory authority or regulator (the Decision Maker) in each of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, New Brunswick, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut (the Jurisdictions) has received the recommendation of the Canadian Securities
Administrators staff committee responsible for NI 51-101 that the Decision Maker accept the AIPG as a "professional organization" under NI 51-101, but only for those members of AIPG who are AIPG Certified Professional Geologists in good standing (the Requested Relief).
2. Under the Mutual Reliance Review System for Exemptive Applications:
2.1 the Alberta Securities Commission is the principal regulator for this application, and
2.2 this MRRS Decision Document evidences the decision of each Decision Maker.
3. Defined terms contained in National Instrument 14-101 Definitions or in Appendix 1 of Companion Policy 51-101CP have the same meaning in this decision unless they are defined in this decision.
4. This decision is based on the following facts represented by AIPG:
4.1 the AIPG has provided copies of the AIPG's Bylaws, Code of Ethics, and Disciplinary Procedures that establish that, for AIPG members who qualify as Certified Professional Geologists, the AIPG
4.1.1 admits members primarily on the basis of their educational qualifications;
4.1.2 requires its members to comply with the professional standards of competence and ethics prescribed by the AIPG that are relevant to the estimation, evaluation, review or audit of reserves data; and
4.1.3 has disciplinary powers, including the power to suspend or expel a member.
5. Each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met.
6. The decision of the Decision Makers under the Legislation is that the Requested Relief is granted for so long as the AIPG continues to:
6.1 admit members as Certified Professional Geologists primarily on the basis of their educational qualifications;
6.2 require Certified Professional Geologists to comply with the professional standards of competence and ethics prescribed by the AIPG that are relevant to the estimation, evaluation, review or audit of reserves data; and
6.3 have disciplinary powers, including the power to suspend or expel a Certified Professional Geologist.
Glenda A. Campbell, Q.C., Vice-Chair
Alberta Securities Commission
James A. Millard, Q.C., Member
Alberta Securities Commission
go to top
CPGs Accepted as "Qualified Persons" in Canada
On October 19, 2001 the Canadian Securities Administrators (CSA) issued a notice accepting AIPG certification as meeting the professional association membership criteria for a Qualified Person as defined in National Instrument 43-101, the new Canadian rules for reporting mineral resources and ore reserves. Acceptance of AIPG certification resolves a major uncertainty for U.S. economic geologists involved in mineral resource and reserve estimation. Item 2.1 of Staff Notice 43-302, Frequently Asked Questions about National Instrument 43-101 (NI43-101), specifically addresses the issue of how an individual can meet the "professional association" requirement of the "Qualified Person" definition and includes AIPG CPGs in a list of accepted organizations and groups.
NI 43-101 was developed in response to the 1997 Bre-X scandal and represents a new standard for reporting mineral resources and reserves in Canada that has world-wide impact. Among other requirements, all reports containing estimates of mineral resources and reserves must be prepared or under the supervision of a Qualified Person, who, by being named as such, accepts personal liability for the professional quality of the report and underlying work. A Qualified Person must have at least five years of experience including appropriate experience in the minerals being reported on and must be a member of a "professional association." The requirement that the professional association "has been given authority or recognition by statute" created uncertainty about which non-Canadian organizations would qualify. The CSA Staff Notice resolves the uncertainty.
Economic geologists should read the other parts of CSA Staff Notice 43-302, which was issued as a 17-page PDF file. Although available through various CSA member websites, finding the Staff Notice is difficult. Therefore a copy has been posted on AIPG's web site.
AIPG's contacts with the Canadian Council of Professional Geoscientists (CCPG) and the support of the CCPG in identifying AIPG as acceptable professional association helped in this important recognition of AIPG certification. This is one example of something AIPG has done for an important segment of its membership.
go to top
Canadian Standards of Disclosure for Oil and Gas Activities
REVISED CSA STAFF NOTICE 51-309
NATIONAL INSTRUMENT 51-101
STANDARDS OF DISCLOSURE FOR OIL AND GAS ACTIVITIES
ACCEPTANCE OF CERTAIN FOREIGN PROFESSIONAL BOARDS
AS A "PROFESSIONAL ORGANIZATION"
Updated October 4, 2004
This notice updates and replaces the information in CSA Staff Notice 51-309 originally dated January 19, 2004, and updated June 8, 2004.
In January 2004 - 1, we added the following professional boards to the list of professional organizations accepted for the purposes of National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (NI 51-101).
- California Board for Professional Engineers and Land Surveyors,
- State of Colorado Board of Registration for Professional Engineers and Professional Land Surveyors,
- Louisiana State Board of Registration for Professional Engineers and Land Surveyors,
- Oklahoma State Board of Registration for Professional Engineers and Land Surveyors, and
- Texas Board of Professional Engineers.
On June 8, 2004 - 2, we added the American Association of Petroleum Geologists (AAPG) to that list.
On October 4, 2004 - 3, we added to that list the American Institute of Professional Geologists (AIPG), but only for the AIPG's Certified Professional Geologists.
Accompanying this notice is an updated list of all accepted professional organizations under NI 51-101.
NI 51-101 requires reporting issuers to appoint one or more qualified reserves evaluators or reserves auditors to report to its board of directors on its reserves data (section 3.2). To be "qualified", a reserves evaluator or reserves auditor must possess appropriate professional qualifications and experience and be a member in good standing of a "professional organization" (subsections 1.1(x) and (y)).
The definition of "professional organization" in subsection 1.1(w) has four elements:
- (w) "professional organization" means a self-regulatory organization of engineers, geologists, other geoscientists or other professionals whose professional practice includes reserves evaluations or reserves audits, that:
- (i) admits members primarily on the basis of their educational qualifications;
- (ii) requires its members to comply with the professional standards of competence and ethics prescribed by the organization that are relevant to the estimation, evaluation, review or audit of reserves data;
- (iii) has disciplinary powers, including the power to suspend or expel a member; and (iv) is either:
- A. given authority or recognition by statute in a Canadian jurisdiction; or
- B. accepted for this purpose by the securities regulatory authority or the regulator.
CSA staff reviewed relevant documentation concerning the professional organizations' authority and recognition, membership requirements and disciplinary powers. We concluded that acceptance of the professional organizations would not be contrary to the public interest and would facilitate compliance with NI 51-101 by enabling reporting issuers active in the United States to continue the traditional, and acceptable, practice of engaging US professionals whose qualifications are consistent with the objectives of NI 51-101.
Acceptance of Professional Organizations does not Supersede Other Requirements
Membership in one of the accepted professional organizations does not automatically mean that a person is a "qualified reserves evaluator" or "qualified reserves auditor" under NI 51-101. To be qualified under NI 51-101, the person must also have the requisite professional experience to carry out reserves evaluations or reserves audits in accordance with the requirements of NI 51-101 and the standards of the Canadian Oil and Gas Evaluation Handbook.
The CSA's acceptance of the professional organizations under NI 51-101 is only for the purposes of NI 51-101. NI 51-101 does not supersede or alter local regulations or requirements regarding professional membership, practice or proficiency.