The professional agronomist in Québec, Canada,

and its role in protecting the public

Lussier, Claudine, agronome

Ordre des agronomes du Québec, Montréal, Québec (Canada)

1 The practice of agrology (agronomy) in Canada

1.1 10 provincial Institutes of Agrologists/Agronomists

Agronomists practising in Québec are called agronomes and those practising in the other
Canadian provinces are called agrologists. They are all grouped within ten provincial Institutes
of Agrology. The practice of agrology is regulated by each of their corresponding provincial
governments through various regulations. Even though there are many differences between the
Institutes, there are also many similarities regarding :
• provincial legislation defining the term “Agrology” as well as the scope of practice;
• qualifying educational standards to become a Professional Agrologist (P. Ag.) or
Agronome (agr.);
• the Articling Agrologist or Agrologist in-training programs;
• experience requirements and
• continuing professional development requirements to maintain registration status.

The institute in Québec called l’Ordre des agronomes du Québec (OAQ) is the largest in terms
of number of members. It also differs from the other institutes in that it is regulated by a
professional system unique to Québec. Because of this, it can be said that this system provides
more a more solid legal basis for the OAQ to accomplish its mandate of protecting the public
interest.

Before we examine how the OAQ functions within this professional system, here is a summary
portrait of our members.

1.2 Agrologists in Québec : a summary portrait

The OAQ has approximately 3 300 members, almost 40 % of whom are between the ages of 22
and 39, with a little more than 30 % being between 40 and 49 years old. Thus, many members
of this profession are young and dynamic and supported by an older, more experienced
generation. Traditionally, agrologists were almost exclusively men, however, in 2008, women
represent one third of registered agrologists in Québec. In the past, most agrologists in Québec
worked for government services, offering free and much needed scientific and technical support
to the agricultural community. Today, due to modifications in government policies and customer
needs, the employment profile of agrologists is very different. While many still work for public
entities (23 %), most are now employed by private companies and cooperatives (28 %),
financial institutions (10 %), consulting firms (7 %), associations and other organized groups of
farmers (7 %), non-profit organizations, teaching establishments, and so on. Almost half of
these agrologists work either with animal or crop productions, or both. Other significant and
growing fields of work include agroeconomy, soil management, environmental protection, rural
engineering and food processing. This diversified profession allows agrologists to offer services
related to scientific and technical consultation and product representation (33 %), farm
management and rural economy (26 %), research and development (10 %), project and
program management, communications, evaluations and inspections, international
development, as well as administrative and teaching services, among others.

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 Fields of practice

Agri-Food Others
in general 6,05 % Animal
11,45 %
Food productions
processing 24,76 %
1,54 %

Rural
engineering
1,50 %

Crop
Economy productions
15,96 % 21,62 %
Soil & environment
14,16
Scopes%of pratice

Programs & projets

Others
management Scientific & technical
9,30%
International 4,79% consultation
development 33,97%
0,78%

Teaching
4,99%
Research &
development
9,13%

Administration
7,38%
Farm management and
Communication Evaluations and rural economy
2,12% inspection 25,38%
2,16%

OAQ's members and their employers

Canadian public Quebec's public

Non-profit Others services services
organizations 8,59 % 4,82 % 14,93 % Municipality public
6,34 % services
1,15 %
Consulting firms
7,01 %

Public corporations
Educational
0,37 %
institutions
6,07 %
Consulting
groups
7,52 %

Private
organizations
0,17 % Private companies
Banks 21,87 %
10,11 %
Farmer's union COOP
3,24 % 7,82 %

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The professional system in Québec

Organization the professional system in Quebec

National Assembly
of Québec

Professions Minister responsible

Tribunal for the application of
professional legislation

Office of the Québec Interprofessional

professions of Québec Council

Professional orders

Administrative
General Meeting Board of Committee
Directors

Professional Inspection Syndic

Committee

Review Committee
Training Committee

Conciliation and Arbitration Disciplinary Committee

of Accounts

Other committees

Members

1.3 The State and the protection of the public interest

Faced with the seriousness of the potential for harm to the public, the Québec National
Assembly chose to adopt a preventive approach that consists in verifying the competence and
integrity of individuals offering professional services and controlling product quality. In over 40
fields, the State has therefore instituted a legislative and regulatory framework aimed at
protecting the public by preventing harm, through the principle of self-management by those
knowledgeable in these fields. This framework is the professional system.

In 1973, Québec’s National Assembly adopted the Professional Code. With the adoption of
this law, the protection of the public interest became the principal objective of the professional
system.

The State considered several factors before deciding whether activities should be regulated by
the Professional Code. These factors mostly refer to the nature of the activities and the
characteristics of the persons who practise them, in particular :
• the knowledge required in order to engage in the activities;
• the degree of independence enjoyed by the persons practising the activities and the
difficulty which persons not having the same training and qualifications would have in
assessing those activities;
• the personal nature of the relationships between such persons and those having
recourse to their services, by reason of the special trust which the latter must place in
them;
• the gravity of the harm which might be sustained by those who have recourse to the
services of such persons because their competence was not supervised by an order;
• the confidential nature of the information which such persons are called upon to have
in practising their profession.

These legislated factors are non-exclusive and subject to interpretation in each case. The
Institutions of the professional system have therefore integrated additional factors and analytical

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frameworks to assess the appropriateness of supervising practice by means of professional
self-management as set out in the Professional Code.

1.4 Professional Code and the concept of protection of the public interest

The factors justifying the use of the Professional Code as a tool to protect the public interest
reflect the complexity of certain activities and their potential impact on the public. Such
complexity and impacts necessitate a proactive attitude in order to prevent the infliction of harm.
This is why competence is the fundamental value of the professional system. It is the essential
qualification required of a person intending to prastice regulated activities.

When competence is referred to in the sense of professional competence – in other words, in a

context where there is a risk of harm – it assumes particular dimensions. Indeed, together with
the knowledge and skills associated with a field, professionals must demonstrate the ability to
integrate and apply them in varied and complex situations in the service of a client or employer,
and in such a manner as to prevent such persons from sustaining harm. Ethical and moral
dimensions must therefore also be considered in assessing needs and services. Competence
so defined figures at the centre of mechanisms for the protection of the public interest and the
role of professional orders.

1.5 The institutions of the professional system in Québec

1.5.1 The professional orders

The professional orders have been mandated by the Québec government to regulate and
monitor professional activities involving the risk of harm to the public. Under section 23 of the
Professional Code, “the principal function of each order shall be to ensure the protection of the
public. For this purpose, it must in particular supervise the practice of the profession by its
members.” Thus, the orders constitute the front line of the professional system and are the
guardians and promoters of professional competence.

The orders have tools for ensuring the competence of their members. First, they establish
standards regarding admission to the practice. Based on their knowledge of the context and
content of the practice within the labour market, each of the orders establishes a set of training
requirements and other conditions with the aim of satisfying the needs for a sound practice in
which the risk of harm is minimized. Based on these set requirements, each professional order
verifies the competence and integrity of each candidate for the profession it governs and
ensures they are maintained throughout that individual’s professional life. Orders also have the
power to interfere and punish their members for violations of the laws and regulations.

Besides their function as delegates of the public administration, orders also provide
opportunities for dialogue and interaction that contribute to the public interest. They serve as
professionalization forums for their members and a forum of expertise in their field for the
benefit of society as a whole.

1.5.1.1 Two different types of professions

Fifty-one professions are currently regulated by the Professional Code and supervised by
45 professional orders. Supervision of these professions is similar in some aspects but differs in
others.

The Professional Code defines two types of professions : professions with reserved titles, and
professions with reserved titles and the exclusive right to practise.

1.5.1.1.1 Reservation of professional title

Application of the Professional Code to activities representing a risk of harm implies, for all the
professions enumerated by the Code, control of the professional title associated with the
practice of such activities. This is known as a reserved title.

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The Code and other special laws contain a list of professional titles that are reserved for the
exclusive use of members of professional orders. Consequently, persons who are not members
of an order may not use any of these titles or allow others to believe they are members of an
order by using a similar title or abbreviation. For example, only members of the Ordre des
psychologues du Québec may use the title of “Psychologist”.

The main purpose of a professional title is to inform the public of the nature of services offered
by a professional. Members of the public can then choose the professional who is more apt to
meet their needs. Reserved titles are also an indication of competence because they allow the
public to distinguish between practitioners who are likely able to adequately meet those needs
from those who simply affirm that they have the ability to do so.

1.5.1.1.2 Exclusive right to practise

Also, with respect to the acts or activities of specific regulated professions, the Professional
Code has established that only members of the order concerned may, in addition to using the
reserved title, practise such acts or activities. Examples are engineers, nurses and agrologists.

However, even when professional legislation has established exclusivity of practice, orders have
the power, through regulation, to authorize certain categories of individuals other than their
members, to perform particular acts related to the profession. We will see later how the OAQ
does that.

1.5.2 Other institutions of the professional system

In addition of the professional orders, the Professional Code also established an external
control of the orders by introducing different institutions into the professional system in Québec,
namely :
• the Québec Interprofessional Council;
• the Office of the professions of Québec;
• the Professions Tribunal;
• the Minister Responsible for the Application of Professional Legislation.

1.5.2.1 The Québec Interprofessional Council

Founded in 1965, the Québec Interprofessional Council is the association of professional orders
that, in 1973, was recognized under the Professional Code and vested with the mission of
advisory body to the government. Membership in the Council is mandatory for every
professional order constituted under the Professional Code.

1.5.2.2 The Office of the professions of Québec

The Office of the professions of Québec is a governmental agency whose mandate is to ensure
that each professional order fulfills its function of protecting the public. It also serves as an
advisory body to the government.

In particular, the Office has control and supervision functions. For example, it monitors the
application of mechanisms for evaluating professionals’ competence and ethics and the
financial management of professional orders.

The Office also ensures that each order adopts the regulations required of it under the
Professional Code.

1.5.2.3 The Professions Tribunal

The Professions Tribunal hears appeals of decisions made by the Disciplinary Committee and
some decisions of the Board of Directors (called the Bureau), in particular regarding the right to
practise a profession. It is a specialized court within the professional system.

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1.5.2.4 The Minister Responsible for the Application of Professional Legislation

Application of professional legislation has been the responsibility of the Minister of Justice for
the past several years. The Minister reports to the National Assembly of Québec on the
operations and evolution of the professional system. He or she makes decisions regarding
general and specific policies of the system.

All of these organizations provide a solid basis for the protection of the public interest and
support the actions taken by the professional orders. This, in turn, gives more credibility to the
professional orders' efforts.

2 L’Ordre des agronomes du Québec (OAQ) and its legal context

The practice of Agrology in Québec is regulated by the Agrologists Act, which was adopted by
the National Assembly of Québec in 1973 along with most other Acts describing the practice of
liberal professions in Québec. The Agrologists Act describes the internal organization of the
OAQ as well as who should be allowed to practise agrology in the province. Also, section 24
describes acts constituting practice as follows:

“Every act performed for remuneration, which has as its object the communication or
propagation of or experimentation with the principles, laws and processes relating to cultivation
of agricultural plants, or to the raising of farm animals, or to the organization or general
development of arable soils or the administration of an agricultural undertaking
constitutes the practice of the profession of agrologist.”

Section 28 of the Act specifically prohibits anyone who is not an agrologist, i.e., an active
member of the OAQ, from performing any of the above acts. However, as mentioned earlier,
some exceptions exist and in particular, agricultural technicians or technologists have the right
to practise agrology but only if they are working under the supervision of an agrologist. To this
effect, the OAQ elaborated a policy that explains how agrologists must proceed to ensure this
supervision.

Under the authority of the Agrologists Act, many regulations further regulate specific aspects of
the practice, the most important of which is the Code of Ethics. Other regulations provide
instructions regarding the keeping of client records, the fate of records kept by an agrologist
who ceases to practise, refresher training periods for agrologists, professional liability insurance,
internal affairs of the OAQ, and so on.

Professional orders such as the OAQ are also allowed by law to provide standards of practice,
guidelines and other similar documents as well as training regarding relevant professional acts.
For example, the OAQ has provided agrologists with various tools pertaining to
agroenvironmental assessments, feeding programs, pesticide reduction programs for golf
courses and farm business advisory services. All these documents are published on our website
at http://www.oaq.qc.ca.

3 OAQ and the protection of the public interest

As a professional order, OAQ establishes regulations to fulfill its function of protecting the public
interest mainly by :
• controlling the agrologist title and the right to practise agrology;
• verifying the competence and integrity of candidates for the profession (educational
requirements and admission);
• ensuring that competence and integrity are maintained throughout the member’s
professional life (continuous professional development);
• supervising the practice of agrology (professional inspection and discipline);
• controlling illegal practice of agrology.

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The first three aspects of an order’s mandate as well as professional inspection focus on
prevention with respect to the risk of harm. The supervision of the practice of agrology can also
involve the imposition of punitive measures.

3.1 Control of the title and the right to practise : a professional permit

Holders of a permit to practise issued by the OAQ are authorized to use the professional title
“agrologist” and enjoy the exclusive right to practise the reserved activities defined by section 24
of Agrologists Act.

In addition, a permit issued by the OAQ represents official confirmation of its holder’s
competence and will be recognized throughout Québec.

3.2 Verification of competence and integrity

3.2.1 Educational requirements

Given their specific mission to ensure quality of professional practice, orders are concerned with
the relevance of their training requirements and the suitability of programs giving access to their
permits.

Before issuing a permit, the OAQ ensures that candidates possess at least a minimum level of
training, i.e., the required university diploma or its equivalent, and the integrity necessary for the
practice of the profession.

Coordination with the educational system is therefore indispensable. This coordination is so

important that the Professional Code stipulates that orders constitute a Training Committee with
a statutory membership composed of representatives of the order, the Ministry of Education and
the relevant educational institutions. This committee discusses the development of and reviews
training programs giving direct access to the permit.

However, a candidate who does not hold such a diploma may still be issued a permit if he or
she holds a diploma or training recognized as equivalent. Equivalence is determined by the
order based on the profession’s fixed training requirements. The training requirements are
described in a regulation, and are thus approved by the government.

3.2.2 Admission

In addition to possessing the required diploma or its equivalent, candidates for our profession
must satisfy other conditions for the issuance of their permit. One of those is the successful
completion of an oral examination.

Indeed, qualifying candidates must all pass an oral exam in the form of an interview, whose
main goals are to assess the candidates’ ability to transpose theoretical knowledge to applied
situations and to evaluate the candidates’ professionalism. The ability to analyse and synthesize
Information, a wide range of general knowledge in agrology as well as specific knowledge in the
chosen field of practice of the candidates are key elements that examiners look for during the
examination. The OAQ plans to develop a written exam in the very near future to better evaluate
a candidate’s knowledge of the legislative aspects of the profession.

3.3 Maintenance and improvement of competence

3.3.1 Continuous professional development

After receiving their permit and throughout their professional lives, members of the OAQ are
responsible for their own professional development and have an ethical obligation to update
their knowledge.

The OAQ has recently published a new version of its Continuous Professional Development
(CPD) Program. The OAQ’s continuing education policy is a flexible tool set in a determined

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framework. At its core is the basic principle that agrologists are responsible for their own
continuing education and must therefore take part in training activities on a regular basis in
order to maintain adequate levels of competence in their fields of practice. Another of its
premises is that individual professional agrologists must determine for themselves which
training activities are best suited to their current needs. The Policy’s aim is to allow the OAQ to
monitor its members’ continuing education and to ensure that needs to acquire or to improve
competencies are being addressed. This tool allows the OAQ to target the types and level of
courses or activities required to maintain and improve competencies.

For the moment, this policy encourages members to accumulate a certain numbers of hours of
relevant CPD activities and to declare them each year to the OAQ. However, we are currently
working to make this program mandatory.

The OAQ does more than monitor competence and impose obligations in this regard. It also
works to promote continuing education, training and professional development. In this context,
the OAQ works with educational institutions and organizations to offer training activities. It also
organizes its own activities, especially in regard to its standards of practice or legislative
aspects, like discipline.

3.4 Supervision of the practice of agrology

The OAQ has established different mechanisms and procedures such as professional
inspection and disciplinary processes to supervise the practice of agrology.

3.4.1 Professional inspection

In order to maintain high standards of excellence in the profession of agrology, all members of
the OAQ are routinely inspected in order to verify their competencies and level of continuing
education. This mechanism is called professional inspection.

Specifically, a Professional Inspection Committee composed of agrologists sets an annual

inspection program approved by the OAQ’s board of directors. The Inspection Committee
conducts inspections or verifications and inquiries into the competence of agrologists. The
committee is currently assisted by 10 inspectors and investigators specialized in four different
scopes of practice.

If a problem is noted by an inspector during a routine inspection, a member’s practice can be

further examined by means of a special inquiry. Furthermore, in the event that the Inspection
Committee, after study of an investigator's report, detects a significant lack of competence, the
agrologist concerned may be required to serve a period of refresher training during which his or
her right to engage in professional activities during such period can be limited. The agrologist is
then permitted to present a full and complete defence in relation to the appraisal of his or her
competencies during a hearing held before the Committee.

In keeping with the spirit of public protection, decisions concerning refresher training obligations
and limitation of practice are published on the website of the OAQ.

3.4.2 Discipline

The OAQ employs disciplinary mechanisms to punish offences against the Professional Code,
the Agrologists Act and related regulations and to prevent their recurrence. Disciplinary law is a
distinct field of law. It thus cannot be considered part of either civil or penal law or the related
procedure. It does, however, draw on and adapt aspects from each of these legal domains.
Accordingly, agrologists are obliged to cooperate with the OAQ’s investigators called syndics.

The OAQ’s Code of Ethics is a particularly important reference in the matter of discipline. This
Code contains the duties of agrologists toward the public, their clients and their profession,
particularly the duty to discharge their professional obligations with integrity.

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Anyone may request an inquiry of a member of the OAQ if they believe that an offence has
been committed against the Professional Code, the Agrologists Act or related regulations.
When, after being seized of the request to hold an inquiry on a member, the syndic decides not
to lodge a complaint with the Disciplinary Committee, the person who requested the holding of
an inquiry may ask for an opinion from the Review Committee.

When it is seized with a complaint and after the hearing, the Disciplinary Committee makes one
or more of the following decisions:
• to reprimand the agrologist who committed the offence;
• to impose a fine;
• to temporarily or permanently strike the agrologist off the roll;
• to revoke the permit or specialist certificate;
• to restrict or suspend the right to practise;
• to recommend to the Board of directors that the agrologist be required to successfully
complete a period of refresher training or refresher courses;
• to oblige the agrologist to refund a particular sum;
• to oblige the agrologist to communicate, complete, erase, update or correct a
document or piece of information.

Decisions of the Disciplinary Committee may be appealed to the Professions Tribunal as we

saw before.

Disciplinary decisions of the Committee concerning agrologists are also published on the Web
site of the OAQ.

3.5 Misappropriation of title and illegal practice of agrology

Because the profession of agrologist is a right to title and right to practise profession, the OAQ
may launch penal procedures in the Court of Québec against a person who is not a member
and who appropriates the title of agrologist or who performs an act that only members of the
OAQ are authorized to perform. If the person is recognized as having contravened provisions of
the Professional Code and the Agrologists Act (section 24), he or she will be fined.

4 Professionals for the public of tomorrow

Based on their respective roles, the government of Québec and the Québec Interprofessional
Council, comprising 45 professional orders and over 300 000 professionals, have arrived at
several shared conclusions concerning issues essential to the future of Québec. These include
work force mobility and, above all, access to the regulated professions. The OAQ and other
orders all recognize the importance of working together to improve access to the regulated
professions by deploying coordinated efforts in response to these issues, with a view to
protecting the public.

Québec now competes with the rest of the world to attract and retain the qualified professionals
it needs. A crucial concern is the accurate recognition of newcomers’ credentials to meet work
force needs today and in the future.

The Québec government has adopted a five-part work force mobility intervention strategy :
• the acceleration of mechanisms for recognizing credentials and eligibility to practise a
profession;
• a Québec-Ontario agreement on trade and the economy, of which work force mobility
is an essential component, coming in 2008;
• the implementation of Chapter 7 of the Canadian Agreement on International Trade,
particularly through mutual recognition agreements;
• a comprehensive France-Québec agreement, expected in 2008, on the mutual
recognition of professional credentials;
• temporary work permits for foreign nationals.

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The goal of this strategy is to enable quicker access to professional practice in Québec for every
individual holding the appropriate credentials, in accordance with the following four principles :
• protection of the public interest and the security of citizens;
• equity in the treatment of Québec graduates;
• reciprocity of recognition agreements;
• compliance with the Charter of the French Language (R.S.Q. c. C-11).

4.1 OAQ and labour mobility

The nine provincial Institutes of Agrologists of Canada and l’Ordre des agronomes du Québec
are working towards achieving national labour mobility. So we are collaborating in order to
research and develop guidelines and standards that will be used as a foundation for the
elimination of inter-provincial labour mobility barriers.

Presidents and Registrars of the Institutes meet to share and compare their requirements,
determine the level of commonality across jurisdictions, and develop solutions to reconcile
differences.

The purpose of this work is to establish, by April 1st 2009, the conditions under which a
Professional Agrologist who is licensed in one Canadian jurisdiction would have his or her
qualifications recognized in another Canadian jurisdiction which is a party to a Mutual
Recognition Agreement (MRA).

The OAQ has initiated a similar process with the Canadian province of Ontario and with France.

Although they are key players in the admission of new members, the orders are not the only
ones involved in integrating professionals : educational institutions must intensify their
involvement in updating newcomers’ credentials by proposing appropriate programs, and
employers must continue to facilitate the integration of immigrant professionals into the
institutions and companies in which they have been employed.

The OAQ continues to work with other players for the success of this vital operation for
Quebecers and for our profession.

5 Conclusion

Agrologists have always played a major role in the development of agriculture and agribusiness.
Through their actions, agrologists have allowed the agricultural sector to innovate, to respond to
new human and environmental needs and to meet ever-changing challenges.

As you know, the agriculture and agribusiness sectors are more than ever at the center of public
debates and social issues. In order to continue to show leadership and to bring innovative
solutions to these various challenges, agrologists must maintain a high level of competence in
their respective fields of work and proactively seek out the most recent scientific and
technological developments in these fields.

Protection of public interest being at the core of its mandate, the OAQ works towards ensuring
the competency, professionalism and commitment of agrologists to the people using agrological
services as well as to society in general. To this end, the OAQ works relentlessly not only at
improving processes that maintain and enhance high standards of the profession but also at
supporting its members as a preventative measure.

Furthermore, participation to events such as this World Congress enables the OAQ to exchange
information regarding different practices with agrologists from all over the world. The OAQ
strongly believes that this type of cooperation and subsequent networking between agrologists
worldwide can strengthen the profession and help build the agrology brand, for the benefit of the
society.

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