By Logan Jung-Ritchie and Sean Morris
Why do I have to spend more money and what does RSCs, APECs, ESM, CoPC, ICC, UST, SCR and SAP mean? On a daily basis, our clients ask these questions and as a consultant it is our job to help our clients navigate the regulatory and technical requirements to make their project a success.
In our view, the first and most critical step to ensuring a project’s success is the ability to effectively communicate to your client what you need to do and why. And it is here that the love of jargon can be a detriment because it can be easy to overwhelm the general public. We must translate our jargon into a language that is accessible to our clients. No matter the project, it is paramount to have a communication strategy outlined from the outset.
A recent example is when the Ministry of Environment, Conservation and Parks (MECP) introduced O. Reg 406/19 (Excess Soil Regulations) and the Soil Rules, ample effort was made by the MECP to educate the consultants and Qualified Persons (QPs) about the new requirements. QPs are professional engineers, professional geoscientists, or applied science technologists. This new regulation added novel criteria, additional reporting and complexities not seen since the roll out of O. Reg. 153/04 and the introduction of methanol sampling. (Make sure you don’t spill the juice!)
However, the downfall of the roll-out quickly became clear. Project Leaders (usually clients), the ones who retain consultants to do the work, were not provided the same education. The MECP expected consultants to provide education on why clients now needed to spend more money when nothing had changed at their site. At first glance, this does not seem like an issue, but based on experience it can put QPs in a difficult position. Firstly, QPs had a duty to inform their clients of the new regulations. As consultants we are selling our services and expertise as QPs, and because of the very nature of the relationship it can be uncomfortable to tell your client “Hey, there are these new rules you need to spend a lot of money to be in compliance with.”
Secondly, while the framework of the regulations is strong, there are subtle nuances that are left up to QP judgment. When trying to explain the nuances of APEC (or “area of potential environmental concern”) delineation, liquid soil sampling, or testing requirements for bedrock it is entirely reasonable to assume that individual QPs have different interpretations. The best approach is to educate and explain your approach to your clients about what you are doing and why, the more open your clients will be to your advice. Transparency and honesty are the most critical components of an effective communication strategy.
One example of this is how to tell a client that their site is clean enough to get a Record of Site Condition (RSC) but is considered contaminated under the Excess Soil Regulations as there are now additional standards to compare to. Think about how bizarre that must be for our clients to comprehend. This is why one of the things we offer to our clients is to have us give their entire staff a seminar on the regulations with their nuances and our understanding. As a result of these sessions clients are more informed and are better positioned to understand the requirements of future sites.
Clearly, communication is one of the most important skills a QP can have in their toolbox, and like anything else it is ever evolving. For those of us who are part of the Professional Geoscientists of Ontario (PGO) we have access to resources such as the Geologize’s Practical Geocommunication Course. This is a 10-hour course that teaches strategies and techniques for communicating with different groups and through various mediums and is a fantastic resource. Continuing professional development does not just mean keeping up to date with the latest technical developments, it is also a chance to develop other soft skills that are central to our success.
Logan Jung-Ritchie is a geoscientist and Sean Morris is a senior engineering technologist with Grounded Engineering.
Note: This article originally appeared in the Summer 2024 edition of Environment Journal, available here.