What is RCM?
RCM is a consulting firm for private sector and municipal corporations and individuals operating in Canada who comprise the Canadian and/or Province of Ontario regulated community for environmental, and/or land use planning and development, and/or occupational health & safety matters.
Draw upon the 3 decades of experience of Peter Douglas Petrie (PDP), with his academic background in land use planning and environmental studies, and his experience as an environmental and land use planning lawyer, to assist you in managing your relationships with your regulatory authorities, your neighbours, the community and other stakeholders.
Who is RCM?
RCM is a consulting firm that is the sole proprietorship of Peter Douglas Petrie (PDP), based out of Ontario, CANADA.
“Regulatory Contact Management (RCM)” is a registered business name in Ontario (Ontario Business Number 28015668).
PDP is educated as:
- a lawyer (Bachelor of Laws from Osgoode Hall Law School)
- an urban planner and impact assessor (Bachelor of Environmental Studies at University of Waterloo and Master in Environmental Studies from York University).
PDP was:
- a graduate student in environmental/land use planning for three summer work terms at a social impact assessment consulting firm, a regional municipality’s planning department, and the Land Use Unit of the Ontario Ministry of the Environment
- an articling student with a major urban municipality
- an associate lawyer, then partner, then Of Counsel for 27 years with a top boutique environmental law firm in Canada, representing municipal and private corporations in land use planning and environmental law matters (including being outside counsel to the Toronto Transit Commission for over a decade), with a specialty practice area of managing inspections and investigations and defending prosecutions by municipal and environmental regulators, as well as in emergency management and incident reporting, attaining project/facility/equipment/operations approvals, and maintaining regulatory compliance and due diligence.
PDP has lots of experience:
- appearing as Counsel before the Ontario Municipal Board, Ontario’s Environmental Review Tribunal, and Ontario’s Provincial Offences Courts
- advising political parties, provincial governments, First Nations, and municipalities on special projects that have culminated in study reports with law and policy recommendations
- representing clients at municipal council and committee meetings, at public meetings, and in more private discussions with regulators, neighbours, and other stakeholders
- dealing with federal, provincial and municipal regulatory authorities
- planning, implementing and facilitating stakeholder consultations
- selecting, instructing and project managing contractors and other disciplines of professionals as consultants, subject matter experts and expert witnesses
- working and collaborating with corporation owners, senior management, facility operators, and unionized labourers.
What are RCM’s subject areas?
Environmental protection and environmental impact assessment, dealing with:
- Environment Canada and Ontario Ministry of Environment, Conservation and Parks
- Natural Resources Canada and Ontario Ministry of Natural Resources and Forestry
- Transport Canada/Coast Guard and the Ontario Ministry of Transportation
- Federal Department of Fisheries and Oceans
- Health Canada
- First Nations
- Ontario municipalities, conservation authorities and other special purpose bodies
- the courts and tribunals in Ontario.
Land use planning and development, dealing with:
- Federal and Ontario land use planning approval authorities and policy makers
- First Nations
- Ontario municipalities, conservation authorities and other special purpose bodies
- the courts and tribunals in Ontario.
Occupational health & safety, dealing with:
- Labour Canada and the Ontario Ministry of Labour, Training and Skills Development
- Transport Canada/Coast Guard, and the Ontario Ministry of Transportation
- Health Canada
- municipalities in Ontario
- the courts and tribunals in Ontario.
How can RCM assist you?
RCM deals with your trouble.
Your trouble could be with the regulatory authorities, with your neighbours, with the community or other stakeholders. It could simply be about attracting adverse publicity and reputation management.
Trouble may arise from NOT:
- properly recognizing and managing your risks and vulnerabilities, perhaps by not taking the problem seriously enough either through wilful blindness or the “that only happens to other people” attitude, or not seeking the help of competent and experienced professionals
- responding soon enough and effectively, perhaps through putting it off or by not doing it right the first time.
What kinds of trouble can RCM assist?
You may have had an incident that you needed to report to the regulatory authority.
Following a reported incident, you may have to further explain it by letter or in person during a meeting, or during a follow-up inspection by the regulatory authority.
Perhaps a neighbour has complained directly to you about your operations, and you need to address their concerns, or the neighbour has complained to the regulatory authority, and they have contacted you for an explanation or to have a meeting or to conduct an inspection.
It is possible that a complaint has been lodged without your knowledge or involvement, and the regulatory authority is considering possible charges or orders and wants to conduct an investigation.
Maybe a non-compliance with the terms and conditions of an approval has been noted (self-reported by you or identified during a regulatory inspection), triggering a further inspection, investigation, charges or orders.
You may be ordered to change your operations or the terms and conditions of your approval to operate, and wish to challenge (review or appeal) the order or approval.
How can RCM help with your trouble?
Behind the scenes, RCM can:
- provide training on how to manage regulatory authority contacts, prepare you for inspections and investigations, and establish protocols for incident reporting, emergency response, and spill containment and remediation
- assist you in formulating your written response
- help you to develop a “script” of talking points for a telephone conversation or meeting with the regulatory authority
- prepare with you a media and stakeholders communication plan
- guide you step-by-step in the aftermath of an incident.
At your site, RCM can:
- as a proactive step, conduct compliance, preparedness, and risk prevention assessments, including a “gap analysis” of your conformance with ISO or other standards
- compile the internal fact-finding of an incident, to inform your responses to the regulators and to guide you on the possibility of follow-up action by the regulators (inspection, investigation, orders, charges) – to establish and maintain solicitor/client privilege over this work to shield it from disclosure to the regulators, RCM can be formally retained and instructed by and report directly to your lawyer; RCM can recommend a lawyer to you for that purpose
- manage the regulator’s visits (inspections, investigations) on your behalf – while not your legal representative, RCM can play a similar role to the extent that the regulatory authority does not object.
Elsewhere in the public domain, on your behalf, RCM can:
- mediate disputes with neighbours, the community and other stakeholders, including negotiating a work plan to address their concerns
- negotiate a work plan of corrective actions with the regulators, including helping you to select, retain, and instruct consultants and contractors to carry out that work; RCM can project manage and supervise the third party’s work.
Why choose RCM?
RCM is one person, who will take a personal and dedicated interest in your file. You will get to know him, and he will get to know you and how your organization works.
You can choose RCM instead of a lawyer because:
- RCM will perform many of the same roles as a legal representative would, except for providing formal legal advice and representing you in the presence of regulators who object to other than a legal representative
- likely RCM will be able to get started much sooner than the response time from a law firm – RCM is willing to provide clients on retainer with 24/7 365 days per year contact information, to re-engage RCM without delay
- RCM has the background of a specialized professional in these areas, that is more focused and experienced in the subject matter than typically most lawyers who have a general or corporate/commercial or litigation practice
- unlike a law firm (and many of the larger consulting firms), RCM has very little overhead, and its fees reflect this – this allows you to more intensively involve and utilize RCM than you may be willing to do with higher priced professional services
- RCM is willing to work in conjunction with your lawyer, to collaborate on strategy and to establish solicitor/client privilege over RCM’s work in sensitive situations.
You can choose RCM instead of a consultant or contractor for many of the same reasons, and RCM is willing to work in conjunction with the consultants and contractors of your choosing, including helping you to get those professionals on board and supervise their work for you.