Session D, April 27, 2023, 10:00 a.m. to 12:00 a.m. ET
Qualified Person: Not Just a Pen for Hire
Session Chairs: Craig Waldie, P.Geo., FGC and Hannah Chessell, P.Geo.
A moderated Q & A will follow after the panel presentations.
Presentation 1: Relevant experience – a critical but poorly understood concept
Speaker: Craig Waldie, P.Geo., FGC, Senior Geologist, Ontario Securities Commission - SEE SPEAKER'S BIO
SUMMARY
To act as a qualified person for disclosure under NI 43-101 related to a specific mineral project, an individual must have a certain level of education, accountability through their professional association, and relevant experience. While determining whether the education and accountability requirements are met is usually straightforward, evaluating whether an individual has sufficient relevant experience is more complicated and involves a self-assessment by the individual of their technical competency for a specific task. This talk will provide some concepts to assist an individual in assessing whether they have sufficient relevant experience. .
Presentation 2: Excess Soils: Come get your fills
Speaker: Hannah Chessell , P.Geo., Project Hydrogeologist, Geosyntec Consultants - SEE SPEAKER'S BIO
SUMMARY
Ontario On-Site and Excess Soil Management Regulation O. Reg 406/19 is well underway and the role and responsibilities of the Qualified Person (QP) can be challenging to navigate in some instances. This presentation will review the role of the QP under this regulation, case study examples, and discussions of QP best practices.
Presentation 3: Professional obligations of a Qualified Person (QP)
Speaker: Brian Abraham, KC, P.Geo., Dentons Canada LLP (Retired) - SEE SPEAKER'S BIO
SUMMARY
Professional geoscientists and professional engineers are governed by the Code of Ethics as established by their professional association. The Code of Ethics of Engineers and Geoscientists of British Columbia (EGBC) and Professional Geoscientists Ontario will be discussed. This will be followed by several examples of EGBC discipline decisions, including decisions related to geotechnical practice. Additionally, recent discipline decisions and penalties by the B.C. Securities Commission will be presented.
Presentation 4: Secondary Market Liability – What is it, and how can you protect yourself?
Speaker: Kimberly Burns, Partner, Dentons Canada LLP - SEE SPEAKER'S BIO
SUMMARY
Secondary Market Liability is a statutory right of action that can be brought by participants in the capital markets against people like directors, officers, and experts, for misrepresentation in public disclosure materials. The regime is not much discussed in academic training, and less in the field, but applies to Geoscientists and Engineers when they sign off on public disclosure for Canadian businesses. Knowing about the liability, the available defenses, and what to think about as an ‘expert’ under the securities legislation is a useful best practice.
Register online for this session or for the full Symposium.
