Second

Session, 50th General Assembly

Charles III, 2024

BILL 92

AN ACT TO AMEND THE

ENGINEERS AND GEOSCIENTISTS ACT, 2008

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ELVIS

LOVELESS

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Engineers and Geoscientists Act, 2008 to

provide the board with by-law

making authority to establish practice standards for the practice of

engineering and geoscience, including standards of professional competence,

capacity and fitness to practice;

expand the definition of

"conduct deserving of sanction" to include a breach of practice

standards established under the by-laws;

strengthen the protection from

liability provisions relating to the good faith performance of duties by

persons under the Act;

replace references to

"Trial Division" with the correct reference "Supreme

Court"; and

incorporate gender-neutral

language.

BILL

AN ACT TO AMEND THE ENGINEERS AND

GEOSCIENTISTS ACT, 2008

Analysis

S.4 Amdt.

Board

S.5 Amdt.

Appointment by minister

S.9 Amdt.

By-laws

S.12 Amdt.

Permit holders

S.14 Amdt.

Exclusive scope of the practice of engineering

S.15 Amdt.

Exclusive use of name engineer

S.16 Amdt.

Exclusive scope of the practice of geoscience

S.17 Amdt.

Exclusive use of name geoscientist

S.20 Amdt.

Definitions

S.21 Amdt.

Complaints and disciplinary panel

S.22 Amdt.

Allegation

S.23 Amdt.

Effect of filing allegation

S.24 Amdt.

Complaints authorization committee

S.26 Amdt.

Hearing

S.28 Amdt.

Guilty plea by respondent

S.29 Amdt.

Powers of adjudication tribunal

S.30 Amdt.

Filing and publication of decisions

S.31 Amdt.

De-registration and suspension

S.33 Amdt.

Re-hearing

S.35 Amdt.

Collection of fine

S.36 R&S

Appeal to Supreme Court

S.37 R&S

Protection from liability

S.38 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2008 cE-12.1

as amended

1. (1) Subsection 4(4) of the Engineers and

Geoscientists Act, 2008 is amended by deleting the words "him or

her" and substituting the words "the chairperson".

(2) Subsection 4(6) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

(3) Subsection 4(7) of the Act is amended by

deleting the words "his or her".

(4) Subsection 4(8) of the Act is amended by

deleting the words "his or her" and substituting the words "the

elected member's".

(5) Subsection 4(12) of the Act is amended by

deleting the words "him or her" and substituting the words "the

chief executive officer".

2. (1) Subsection 5(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

(2) Subsection 5(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

appointed member".

(3) Subsection 5(6) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

(4) Subsection 5(7) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the person's"; and

(

b) deleting the words "him or her" and

substituting the words "the person".

3. Subsection 9(1) of the Act is amended by

deleting the word "and" at the end of paragraph ( i ),

deleting the period at the end of paragraph (

j) and substituting a semi-colon

and adding immediately after paragraph (

j) the following:

(

k) practice standards and guidelines regarding

the practice of engineering and geoscience, including standards of professional

competence, capacity and fitness to practice; and

(

l) measures the board

considers necessary to assist in the general administration of this Act and the

regulations .

4. Subsection 12(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

professional member, partnership, corporation or association of persons".

5. (1) Paragraph 14(3)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

(2) Paragraph 14(3)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

(3) Paragraph 14(3)(

e) of the Act is amended by

deleting the words "his or her".

(4) Paragraph 14(3)(

f) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the person's".

6. (1) Paragraph 15(2)(

a) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person, corporation, partnership or other association of persons".

(2) Paragraph 15(2)(

b) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the person, corporation, partnership or other association of

persons".

7. Paragraph 16(2)(

e) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

8. (1) Paragraph 17(2)(

a) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person, corporation, partnership or other association of persons".

(2) Paragraph 17(2)(

b) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the word "the person, corporation, partnership or other association of

persons".

9. Subparagraph 20(c)(

v) of the Act is amended by

adding immediately after the words "code of ethics" the words

"or practice standards".

10. Subsection 21(6) of the Act is amended by

(

a) deleting the words "his or her"

wherever they appear and substituting the words "the member's"; and

(

b) deleting the words "he or she "and

substituting the words "the member".

11. (1) Subsection 22(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

complainant's".

(2) Subsection 22(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

registrar's".

12. Subsection 23(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

registrar".

(1) Subparagraph 24(5)(a)(

i) of the Act is amended by deleting the words "he or she" and

substituting the words "the person conducting the investigation".

(2) Subsection 24(7) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the member, permit holder or other person";

and

(

b) deleting the words "of him or her".

(3) Subsection 24(8) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

14. Subsection 26(2) of the Act is amended by

deleting the words "his or her".

15. (1) Paragraph 28(2)(

c) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the respondent's"; and

(

b) deleting the word "respondents" and

substituting the word "respondent's".

(2) Paragraph 28(2)(

g) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the respondent's".

16. (1) Paragraph 29(3)(

c) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the respondent's"; and

(

b) deleting the word "respondents" and

substituting the word "respondent's".

(2) Paragraph 29(3)(

g) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the respondent's".

17. (1) Paragraph 30(3)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

respondent's".

(2) Paragraph 30(3)(

c) of the Act is amended by

deleting the word "respondents" and substituting the word

"respondent's".

(3) Paragraph 30(4)(

a) of the Act is amended by

deleting the words "he or she" and substituting the words "the

respondent".

(4) Paragraph 30(4)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

complainant's".

18. (1) Subsection 31(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the professional member's or permit holder's".

(2) Subsection 31(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

professional member's or permit holder's".

(3) Subsection 31(3) of the Act is amended by

(

a) deleting the word "respondents" and

substituting the words "professional member's or permit holder's";

and

(

b) deleting the words "his or her"

wherever they appear and substituting the words "the professional member's

or permit holder's".

19. Paragraph 33(1)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

respondent's".

Section 35 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

Section 36 of the Act is repealed and the

following substituted:

Appeal to Supreme

Court

36 .

(1) The

board or the respondent may, within 30 days after receiving notice of the

decision or order of an adjudication tribunal under this Act, appeal the

decision or order to the Supreme Court by filing a notice of appeal with the

court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Supreme Court orders otherwise.

Section 37 of the Act is repealed and the

following substituted:

Protection from

liability

37 .

(1) An action for damages for

an act, purported act or

failure to act, for a proceeding initiated or carried out in good faith under

this Act, for carrying out duties or obligations under this Act or any

regulation or by-laws made under it or for a decision or order made or enforced

in good faith under this Act, does not lie against

(

a) the minister;

(

b) the registrar;

(

c) a member of the board;

(

d) an officer, employee

or agent of the association or the board;

(

e) a person or

committee appointed by the association or the board;

(

f) the association;

(

g) the board;

(

h) the complaints

authorization committee or a person appointed by the complaints authorization c ommittee;

(

i) the disciplinary panel or an adjudication tribunal; or

(

j) the individual

members of a body listed in this subsection.

(2) An action for

defamation shall not be founded on the publication of a communication that

consists of or pertains to an allegation or complaint where the communication

is published in the course of investigating the allegation or complaint or in the course

of proceedings under sections 20 to 36.

(3) A member of the board is not personally liable

for a debt of the board beyond the amount of the member's unpaid dues, fees, fines and penalties owed to the board, but all property of

the board shall be held for the payment of the debts of the board.

23. Paragraph 38(1)(

f) of the Act is repealed.

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