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The Qualified Person (QP) is a cornerstone of NI 43-101 and a key safeguard for investor protection in Canada’s capital markets. This virtual session will explore the requirements to act as a QP, including the professional experience, judgment, and accountability expected when consenting to the public disclosure of scientific and technical information. Speakers will also review the proposed 2025 updates to NI 43-101 and discuss where geoscientists and engineers encounter QP requirements in practice. Together, the presentations will clarify how professional registration, experience, and self-identification as a QP shape responsibility, credibility, and public protection in the geoscience profession.
Jessica Borysenko, P.Geo.
BHP |
Robert Hearst, P.Geo., FGC
Southern Geoscience Consultants |
This talk will focus on the requirements in the definition of a qualified person under NI 43-101 and the key features that an individual needs to “act” as a qualified person for public disclosure. The qualified person is a core principle of NI 43-101 and these individuals performs a fundamental “gatekeeper” role in investor protection within the Canadian capital markets. The qualified person acts in their capacity as an expert for Canadian securities law purposes and consents to the company’s public disclosure of scientific or technical information.
The 2025 proposed updates to NI 43-101 are intended to clarify that an individual’s experience in the minerals industry to act as a qualified person must be experience gained at a “professional level” meaning having independent judgment and decision-making, being accountable for their professional opinions, and practicing without requiring direct supervision. The goal of the updates is to have a qualified person definition that accounts for both the unique registration requirements for Canadian professionals and foreign professionals who have significant professional experience.
PGO registrants and colleagues across Canada in the geoscience and engineering fields are provided with a legally framed recognition of education and experience which defines them in the eyes of the public, employers and peers. We practice professionally from our starting point as a registrant and can proceed to grow our professional knowledge and curate our work experience under our seal. Many of us may never need or require any broader recognition of our ability to work professionally than our Registration and the required responsibility to grow as a Professional.
In any number of legislative or regulatory environments PGO registrants work in, there are instances where an additional level of self-identification may be needed by one or more registrants to complete, submit and take responsibility for a body of work that is underlain by an aspect of the protection of the public in its various interests. The Qualified Person or QP is the commonly used identifier for these registrants in Canada.
This presentation will touch on the various places PGO registrants will encounter QP requirements in our work and some changes that have recently or may soon apply to Registrants as well as what the declaration might mean to those who see you make it.
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