First

Session, 46th General Assembly

Elizabeth II, 2008

BILL73

AN ACT RESPECTING THE

PRACTICE OF ENGINEERING

AND GEOSCIENCE

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE KEVIN O'BRIEN

Minister

of Government Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would revise the law

respecting the regulation of engineers and geoscientists.

A BILL

AN ACT RESPECTING THE PRACTICE OF ENGINEERING

AND GEOSCIENCE

Analysis

Short title

Definitions

Association continued

Board

Appointment by minister

Meetings of the board

Annual general meeting

Fees

By-laws

Annual report

Registration

Permit holders

Register

Exclusive scope of the practice of

engineering

Exclusive use of name engineer

Exclusive scope of the practice of

geoscience

Exclusive use of name geoscientist

Requirement for permit

Limited liability partnerships

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of association

Collection of fine

Appeal to Trial Division

Action prohibited

Regulations

Use of stamp

Liability to others

Registrar's certificate

Practice prohibitions

Penalties

Transition

RSNL1990 cE-12 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Engineers and

Geoscientists Act, 2008 .

Definitions

2. In

this Act

(a) "association" means the association continued

under

section 3 ;

(b) "board" means the board referred to

section 4 ;

(c) "geoscientist" means either a

geophysicist, geochemist or geologist;

(d) "member", unless the context

otherwise requires, means a member of the association;

(e) "member-in-training" means an engineer-in-training

or a geoscientist-in-training who has not completed the requirements to be

registered under this Act;

(f) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(g) "permit holder" means a professional

member, a partnership or other association of persons, or a corporation, that

holds a permit under this Act;

(h) "practice of engineering" means

reporting on, advising on, evaluating, designing, preparing plans and

specifications for or directing the construction, technical inspection, maintenance

or operation of a structure, work or process

(

i) that is aimed at the discovery, except by the

practice of geoscience, development or utilization of matter, materials or

energy or is designed for the use and convenience of human beings, and

(ii) that requires in the reporting, advising,

evaluating, designing, preparation or direction the professional application of

the principles of mathematics, chemistry, physics or a related applied subject,

and includes providing educational

instruction on the matters contained in this paragraph to a student at an

educational institution, but excludes practising as a natural scientist;

(i) "practice of geoscience" means

reporting on, advising on, evaluating, interpreting, processing, geological and

geophysical surveying, exploring, classifying reserves or examining activities

related to the earth sciences or engineering-geology

(

i) that is aimed at the discovery or development

of oil, natural gas, coal, metallic or non metallic minerals or precious

stones, water or other natural resources or that is aimed at the investigation

of geoscientific conditions, and

(ii) that requires in the reporting, advising,

evaluating, interpreting, processing, geoscientific surveying, exploring,

reserve classifying or examining the professional application of mathematics,

chemistry or physics through the application of the principles of geoscience,

and includes providing educational

instruction on the matters contained in this paragraph to a student at an

educational institution;

(j) "professional engineer" means a

person registered to engage in the practice of engineering under this Act;

(k) "professional geoscientist" means a

person registered to engage in the practice of geoscience under this Act;

(l) "professional member" means either a

professional engineer or geoscientist who is registered under this Act;

(m) "registrar" means the registrar referred

to in subsection 4 (13); and

(n) "student" means a person registered

in a recognized undergraduate degree program in engineering or geoscience.

Association continued

(1) The

Association of Professional Engineers and Geoscientists of Newfoundland and Labrador is continued as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) All professional members and members-in-training

are members of the association.

(3) The powers of the association shall be

exercised in the name of and on behalf of the association by the board of directors

referred to in

section 4 .

Board

(1) The

association shall be governed by a board of directors which shall consist of

(a) 9 professional members elected from and by

members of the association in accordance with the by-laws; and

(b) 3 members appointed under

section 5 who are not members of the association.

(2) The association shall elect one of the elected

members as the chairperson of the board.

(3) A person is not eligible to serve as

chairperson for more than 2 consecutive years.

(4) The chairperson, or an elected member

designated by him or her, shall chair the meetings of the board.

(5) A member may be elected for a term set by the

by-laws which shall not exceed 3 years and is eligible to be re-elected, but

shall not serve as a member for more than 9 consecutive years.

(6) Where a person elected to the board under

subsection (1) holds office for a period of 9 consecutive years the person is

not eligible for election as a member of the board until the expiration of 12

months from the end of the year in which he or she was last a member.

(7) An elected member may resign his or her office

by written notice to the board.

(8) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the expiry of the term of that elected

member.

(9) Where the term of office of a member of the board

expires and a successor has not been elected, the member may continue to hold

office until a successor is elected or appointed but time served by that member

under this subsection shall not be counted for the purpose of subsection (5).

(10) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members may be paid by the board, in accordance with the by-laws.

(11) The board shall appoint a chief executive

officer of the association.

(12) The chief executive officer shall carry out

the duties imposed on him or her by this Act and the by-laws made under

section

9 .

(13) The chief executive officer of the association

shall act as the registrar for the purpose of this Act.

Appointment by

minister

(1) The

minister shall appoint as members of the board 3 persons who are not professional

engineers or professional geoscientists who are suitable to represent the

public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member.

(4) Where the term of an appointed member expires,

he or she continues to be a member until re-appointed or replaced but time

served by that member under this subsection shall not be counted for the purpose

of subsection (3).

(5) The association shall pay the expenses of a person

appointed under this

section in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign his or her appointment by written notice to the minister and shall

provide a copy to the chairperson of the board.

(7) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

Meetings of the

board

(1) A

quorum of the board is 7 members, one of whom is an appointed member.

(2) Except where prohibited in the by-laws, a

member may, where a majority of the members consent, participate in a meeting

of the board by means of the telephone or other telecommunication device that

permits all persons participating in the meeting to communicate with each

other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) In the absence of the chairperson, the members

of the board in attendance at a meeting may appoint another member to chair

that meeting.

Annual general

meeting

(1) The

association shall hold an annual general meeting, to which all members shall be

invited.

(2) At the annual general meeting the association shall

appoint an auditor to audit the accounts of the association and report on the financial

statement prepared by the board.

(3) The board may in its by-laws provide for

voting at a meeting of the board and the association or in an election of

members by mail or electronic means.

Fees

(1) In

prescribing the fees payable under this Act, the board shall, so far as it is

practicable, ensure that the amount of fees is sufficient to enable the

association to exercise its powers under this Act.

(2) All fees received by the association shall be

applied by it to its duties under this Act.

By-laws

(1) The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its and the

association's meetings;

(

b) the appointment of committees of the members

of the board comprising representatives of elected and appointed members and

the duties and responsibilities of those committees and the delegation of some

or all of the board's powers to them;

(

c) the election of members of the board under

subsection 4 (1) and setting the terms of

office;

(

d) the election of the chairperson of the board

under subsection 4 (2);

(

e) the payment of travel and other expenses of

elected members of the board;

(

f) the employment and remuneration of staff and

consultants of the association;

(

g) a code of ethics which shall include

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purposes of

sections 20 to 37 ,

(ii) provisions respecting conflict of interest,

and

(iii) rules respecting methods of advertising;

(

h) the remuneration and payment of travel

expenses of members of adjudication tribunals;

(

i) the participation of members at a meeting of

the association or board by telephone or other telecommunications device under

section 6 ; and

(

j) voting by members of the association and the

board by mail or electronic means.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the board.

(3) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

Annual report

(1) The

board shall prepare and submit to the minister not later than 6 months after

the end of its financial year

(

a) a report on the activities of the association in

the previous year; and

(

b) the association's audited financial statements

for the previous financial year.

(2) The minister shall table a copy of the annual

report and the audited financial statement in the House of Assembly within 15

days of receiving it if the house is sitting and if the house is not sitting

within 15 days after it next begins to sit.

(3) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

Registration

11. A

person who

(

a) has met the requirements for registration that

may be prescribed by the board; and

(

b) pays the fees set by the association,

is entitled to be registered as a

professional engineer or geoscientist.

Permit holders

(1) A

professional member, partnership, corporation or other association of persons that

proposes to provide the services of a professional member directly to the

public shall apply to the board for a permit to provide those services.

(2) An

applicant for a permit under subsection (1) shall pay the fee set by the

association for the permit.

(3) As

a condition of receiving a permit, a professional member, partnership,

corporation or association of persons shall provide proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board.

Register

(1) The registrar shall keep a register in

which shall be entered the names of all persons registered, under

section 11 and

all professional members, partnerships, corporations or other associations of

persons issued a permit under

section 12 .

(2) The register shall be open to inspection by a

member of the public during normal business hours at the office of the board.

Exclusive scope

of the practice of engineering

(1) A

person, corporation, partnership or other association of persons, except a

professional engineer or a permit holder, shall not engage in the practice of

engineering.

(2) A professional engineer or permit holder may engage

in the practice of surveying except land surveying as defined in the Land Surveyors Act, 1991 and as defined

for geological and geophysical surveying in the practice of geoscience.

(3) Subsection (1) does not apply to

(

a) the performance of engineering work by persons

who are not professional engineers where a professional engineer is responsible

for the maintenance of engineering standards in the performance of the work;

(

b) a person engaging in testing, inspecting and

reporting, where the specifications and standards involved have been prepared

or approved by a professional engineer;

(

c) a person designing special production

machinery, equipment or tools and dies for the use of his or her employer's

facilities;

(

d) a person engaging in the repair, maintenance

or operation of equipment and facilities of his or her employer;

(

e) an engineer-in-training, in the course of his

or her being employed or supervised and directed by a professional engineer;

and

(

f) a person who, on his or her property and for his

or her sole use or the use of his or her domestic establishment, carries out

work that does not involve the safety of the general public.

(4) Subsection (1) does not apply to a person

engaged in

(

a) planning, designing or giving advice on the

design of;

(

b) preparing plans, drawings, detail drawings,

specification or graphic representations for the design of; or

(

c) inspecting work or assessing the performance

of work under a contract for

the erection, construction or alteration

of or addition to a building.

(5) In subsection (4), "building" means

a building in a category or type for which the services of a designer are not

required by the National Building Code in the construction of the building,

except as provided in the Code.

(6) In subsection (5), "designer" has

the same meaning as that given to it in the latest edition of the National

Building Code.

Exclusive use of

name engineer

(1) A

professional engineer only shall use the title "professional

engineer" or the abbreviation "P. Eng.".

(2) A person, corporation, partnership or other

association of persons, except a professional engineer or permit holder, shall

not

(

a) use the word "engineer or

engineering" in combination with a name, title, description, letter,

symbol or abbreviation, except a registered engineering geologist, that

represents expressly or by implication that he or she is a professional engineer

or permit holder;

(

b) represent, expressly or by implication, that

(

i) he or she is entitled to engage in the

practice of engineering, or

(ii) he or she is a professional engineer or permit

holder; or

(

c) affix the stamp or seal of a professional

engineer or permit holder, or allow that stamp or seal to be affixed to a plan,

drawing, detail drawing, specification, other document or reproduction of

either of them unless

(

i) the plan, drawing, detail drawing,

specification, other document or reproduction was prepared by or under the

supervision and control of a professional engineer,

(ii) the stamp or seal is affixed with the

knowledge and consent or in accordance with the direction of the professional

engineer or permit holder to whom the stamp or seal was issued, and

(iii) a professional engineer signs the stamp or

seal affixed.

Exclusive scope

of the practice of geoscience

(1) A

person, corporation, partnership or other association of persons, except a

professional geoscientist or a permit holder, shall not engage in the practice

of geoscience.

(2) Subsection (1) does not apply to

(

a) a person engaged in the practice of geoscience

as a geoscientist in training, geoscience technician or technologist, while

employed or engaged and supervised and controlled by a professional

geoscientist;

(

b) a prospector engaged in activities that are

normally associated with the business of prospecting;

(

c) the performance of routine geoscientific

surveys and reports, where the specifications and standards involved have been

prepared or approved by a professional geoscientist;

(

d) the performance of routine reduction and

plotting of geoscientific data where the activities are conducted under the supervision

of a professional geoscientist;

(

e) the performance of routine repair, maintenance

or operation of geoscience equipment and facilities of his or her employer; and

(

f) the performance of geoscientific work by

persons who are not professional geoscientists where a professional geoscientist

is responsible for the maintenance of geoscience standards in the performance

of the work.

Exclusive use of

name geoscientist

(1) A

professional geoscientist only shall use the title "professional

geoscientist" or the abbreviation "P. Geo.".

(2) A person, corporation, partnership or other

association of persons, except a professional geoscientist or a permit holder,

shall not

(

a) use the word "geoscientist" in

combination with a name, title, description, letter, symbol or abbreviation

that represents expressly or by implication that he or she is a professional

geoscientist or permit holder;

(

b) represent, expressly or by implication, that

(

i) he or she is entitled to engage in the

practice of geoscience, or

(ii) he or she is a professional geoscientist or permit

holder; or

(

c) affix the stamp or seal of a professional

geoscientist or permit holder, or allow that stamp or seal to be affixed to a report

or document, or a reproduction, unless

(

i) the report or document or reproduction was

prepared by or under the supervision and control of a professional

geoscientist,

(ii) the stamp or seal is affixed with the

knowledge and consent or under the direction of the professional geoscientist

or the permit holder to whom the stamp or seal was issued, and

(iii) a professional geoscientist signs the stamp or

seal.

Requirement for

permit

(1) A

professional member shall not offer or provide professional services directly to

the public unless the member has a permit issued under

section 12 .

(2) A permit issued under

section 12 may contain those restrictions on the practice of

engineering or geoscience that the board considers appropriate.

Limited liability

partnerships

19. Two

or more persons registered under this Act to practice as professional members

are eligible, as required by

section 56 of the Partnership Act , to apply to be registered under that Act as a

limited liability partnership.

Definitions

20. In

this

section and sections 21 to 37 ,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 22 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a professional member or

permit holder,

(iv) incapacity or unfitness to practise engineering

or geoscience, and

(

v) acting in breach of this Act, the regulations

or the code of ethics made under

section 9 ;

(d) "costs incurred by the association"

includes

(

i) out of pocket expenses incurred by or on

behalf of the association,

(ii) amounts paid by the association to

adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the association

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 21 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a current or

former professional member or permit holder against whom an allegation is made.

Complaints and

disciplinary panel

(1) The board shall appoint at least 3 of

its members, at least one of whom is a member appointed under

section 5 , to constitute a complaints authorization

committee.

(2) The registrar is not eligible to be a member

of the complaints authorization committee.

(3) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The board shall appoint at least 12 members

who are not members of the board, one of whom shall be appointed to serve as

chairperson, and the minister shall appoint at least 4 persons who are not members

to represent the public interest, who shall together constitute a disciplinary

panel.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the board, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 25

and a person appointed by either of them may summon witnesses and require those

witnesses to give evidence, orally or in writing, upon oath or affirmation, and

produce the documents and things that either of them considers necessary to the

full investigation and hearing of an allegation or complaint and have the

powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act,

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation has the same effect as an

allegation referred to in subsection (1).

(3) Where the registrar has been informed that a professional

member or permit holder has been convicted of an offence under the provisions

of the Criminal Code or a similar

penal statute of another country or has been suspended by a governing body of professional

members and permit holders in another province or territory of Canada or

another territory or country for reason of professional misconduct, conduct

unbecoming a professional member or permit holder, or professional

incompetence, the information shall be dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation that

the allegation may be resolved satisfactorily and where the complainant and the

respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), he or she shall refer the allegation

and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization

committee

(1) Where

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) conduct

a practice review into the respondent's practice; and

(

d) require the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation is

considered to constitute a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) suspend or restrict the respondent's

registration.

(4) Where the complaints authorization committee

suspends a respondent's registration under subsection (3), the committee shall

give notice of the suspension to the public as required by the regulations.

(5) A person conducting an investigation under

subsection (1) may

(

a) require a respondent to

(

i) undergo an examination he or she considers

necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee to inspect and copy the records of the respondent and other documents

relating to the subject matter of the investigation; and

(

b) require another person to permit the registrar

or a member of the complaints authorization committee or another person

appointed by the complaints authorization committee to inspect and copy records

and other documents relating to the subject matter of the investigation held by

that person,

and the respondent or other person shall

comply.

(6) Where the registrar, a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee requests that a respondent or another person provide information

under subsection (5), that information shall be provided within 7 days of

receipt of the request or a different period as specified in the request.

(7) An action for damages does not lie against a member

or permit holder or another person to whom a request is made solely because he

or she provides information requested of him or her under subsection (5).

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsections (5), (6) and (7) apply to the

Crown.

Adjudication

tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be members and one shall be a

person appointed by the minister under subsection 21(4).

(2) The chairperson of the disciplinary panel

shall appoint one of the members on an adjudication tribunal to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 24 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of it,

where it considers the desirability of protecting a party to the complaint or a

witness against the consequences of possible disclosure of personal matters

outweighs the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

27. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 24 (5) to conduct an inspection,

who made the copy or extract under

subsection 24 (5) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration or permit to the board upon those conditions that may

be considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $25,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation and hearing

of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies satisfactory to

the board or another body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her practice or continue his

or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the association to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration or permit to the board upon those conditions that may

be considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $25,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation and hearing

of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies to the

satisfaction of the board or other body or person designated by the adjudication

tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her practice or continue his

or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 28 (2) or 29 (2) or

(3) and its reasons with the registrar and provide a copy to the complainant and

the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a professional member or permit holder permit

a person to view those records.

(3) The registrar shall publish a

summary of a decision

or order of an adjudication tribunal in a newspaper of general circulation in

or nearest to the community in which the respondent practises within 14 days of

the appeal period under

section 36 , unless a

court orders otherwise, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration or permit;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is confirmed, varied or set aside, the registrar shall within 14 days of the

filing of the subsequent decision or order publish a

summary of the decision or

order and subsections (2) and (3) apply, with the necessary changes.

(6) The registrar may give notice of the decision

and information respecting the decision to other persons the board may direct

and shall include a

summary of the decision in a certificate of good standing

issued in relation to the respondent.

De-registration

and suspension

(1) Where

a professional member or permit holder is allowed or directed to surrender his

or her registration or permit, his or her rights and privileges as a professional

member or permit holder cease.

(2) Where a professional member or permit holder is

suspended, his or her rights and privileges as a professional member or permit

holder cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a professional member or permit holder shall be

limited to the extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under subsection 28 (2) or 29 (3).

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal.

Re-hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration or permit;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the material

change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in circumstances

has occurred, as alleged by a respondent, the matter shall be referred to an

adjudication tribunal as if it were a matter referred under paragraph 24 (3)(

b) and sections 26

to 31 apply, with the necessary changes, to the

referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 29 , a tribunal may

(

a) vary the original decision or order made under

section 29 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of association

(1) Where

a person who was ordered to pay the costs of the board under paragraph 28 (2 )(

e) or 29 (3)(

e) fails to pay in the time required, the board

may suspend the registration or permit of that person until the costs are paid.

(2) Costs ordered to be paid to the association under

paragraph 28 (2)(

e) or 29 (3)(

e) are a debt due the association and may be recovered by a civil action.

Collection of

fine

(1) Where

an order is made under

section 28 or 29 imposing a fine on a respondent, the board may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On application under subsection (3), the judge

may make any amendment to the certificate that is necessary to make the certificate

accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(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 Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Action prohibited

37. An

action for damages shall not lie against the association, the board, disciplinary

panel, an adjudication tribunal or the individual members of those bodies, a

person appointed to conduct an investigation under subsection 24 (1 )( b), the registrar, or

an officer or employee of the board for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Regulations

(1) The

board may, with the approval of the minister, make regulations

(

a) respecting the establishment of categories of

and conditions respecting the registration of engineers-in-training, geoscientists-in-training,

candidates for examination and students;

(

b) respecting the academic qualifications and

experience required of applicants for registration as professional engineers or

geoscientists;

(

c) governing the evaluation by the board or a

committee of the board, of the academic qualifications and experience requirements

of applicants for registration to engage in the practice of engineering or

geoscience and the examination of the applicants with respect to those

qualifications or requirements;

(

d) respecting providing notice to the public

under subsection 24 (4);

(

e) respecting the eligibility of applicants

generally for registration to engage in the practice of engineering or

geoscience;

(

f) prescribing performance standards for the

practice of the professions;

(

g) governing the names which members and permit

holders may use in the practice of the professions;

(

h) respecting the establishment by the board of

both compulsory and optional continuing education programs for members;

(

i) establishing categories of professional

engineers or geoscientists or permit holders and prescribing the restrictions

of practice and the privileges and obligations of the categories;

(

j) respecting the use of stamps and seals;

(

k) governing the eligibility for registration of

persons, firms, partnerships and other associations of persons as permit

holders;

(

l) respecting eligibility to form limited

liability partnerships;

(

m) respecting alternative dispute resolution for

the purposes of sections 20 to 36 and the procedure for that resolution; and

(

n) prescribing time limits for events in the

disciplinary process in sections 20 to 37 , including time limits for:

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 24 ,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice review under

paragraph 24 (1)(c),

(vii) the appointment of an adjudication panel under

section 25 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication panel following completion of the hearing.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 20 to 37 where the board does not do so in a time period

the minister considers reasonable.

Use of stamp

(1) A

professional member shall sign and stamp or seal and a permit holder shall

stamp or seal all documents or records in accordance with the regulations.

(2) A person other than a professional member or

permit holder shall not use a stamp or seal issued by the registrar under this

Act.

Liability to

others

(1) The

relationship between a permit holder engaged in the practice of engineering or

of geoscience and a person receiving the professional services of the permit

holder is subject to this Act and the regulations.

(2) The relationship of a member to a permit

holder, whether as a member, shareholder or employee of the permit holder, does

not affect, modify or diminish the application of this Act to

(

a) the member; or

(

b) the relationship between the member and a

client.

Registrar's

certificate

(1) A

certificate signed by the registrar and stating that a person was or was not

during a specified period, a member or permit holder shall be admitted in

evidence as, in the absence of evidence to the contrary, proof of the facts

stated in it without proof of the registrar's appointment or signature.

(2) A certificate signed by the registrar and

stating that a person, corporation, partnership or other association of persons

was or was not during a specified period a permit holder shall be admitted in

evidence as, in the absence of evidence to the contrary, proof of the facts

stated in it without proof of the registrar's appointment or signature.

Practice prohibitions

(1) A

person whose registration as an engineer, geoscientist or permit holder is

cancelled or suspended under this Act shall not, without the consent of the

board, engage in the practice of engineering or of geoscience or directly or

indirectly associate in the practice of engineering or of geoscience with

another member or permit holder.

(2) A professional engineer, geoscientist or

permit holder shall not, except with the consent of the board, associate in the

practice of engineering or of geoscience directly or indirectly with or employ

a person whose registration has been cancelled or suspended under this Act.

(3) The board may permit a member or permit holder

to employ in connection with the practice of engineering or of geoscience a

person whose registration has been cancelled or suspended under this Act, in

board.

Penalties

(1) A

person who contravenes

section 15 or 17 is guilty of an offence and liable on

summary

conviction to a fine of not more than $10,000.

(2) A person who contravenes this Act, other than

section 15 or 17 ,

is guilty of an offence and is liable on

summary conviction to a fine not

exceeding

(

a) in the case of a natural person, $5,000 for a

first conviction and to a fine not exceeding $10,000 for a second or subsequent

conviction; and

(

b) in the case of a corporation, $25,000 for a

first conviction and to a fine not exceeding $100,000 for a second or subsequent

conviction.

Transition

(1) Where

a disciplinary committee has begun to hear a complaint against a professional

member or permit holder under

Part V of the Act repealed by this Act,

Part V

continues to apply to the complaint as if it continued in force.

(2) The elected members of the board holding

office on the day this Act comes into force continue to serve as members of the

board for the purpose of

section 4 until the

expiry of their terms.

RSNL1990 cE-12 Rep.

45. The Engineers

and Geoscientists Act is repealed.

Commencement

46. This Act comes into force on July 1, 2009 .

Earl G. Tucker, Queen's Printer

A BILL

AN ACT RESPECTING THE PRACTICE OF ENGINEERING

AND GEOSCIENCE

Analysis

Short title

Definitions

Association continued

Board

Appointment by minister

Meetings of the board

Annual general meeting

Fees

By-laws

Annual report

Registration

Permit holders

Register

Exclusive scope of the practice of

engineering

Exclusive use of name engineer

Exclusive scope of the practice of

geoscience

Exclusive use of name geoscientist

Requirement for permit

Limited liability partnerships

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of association

Collection of fine

Appeal to Trial Division

Action prohibited

Regulations

Use of stamp

Liability to others

Registrar's certificate

Practice prohibitions

Penalties

Transition

RSNL1990 cE-12 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Engineers and

Geoscientists Act, 2008 .

Definitions

2. In

this Act

(a) "association" means the association continued

under

section 3 ;

(b) "board" means the board referred to

section 4 ;

(c) "geoscientist" means either a

geophysicist, geochemist or geologist;

(d) "member", unless the context

otherwise requires, means a member of the association;

(e) "member-in-training" means an engineer-in-training

or a geoscientist-in-training who has not completed the requirements to be

registered under this Act;

(f) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(g) "permit holder" means a professional

member, a partnership or other association of persons, or a corporation, that

holds a permit under this Act;

(h) "practice of engineering" means

reporting on, advising on, evaluating, designing, preparing plans and

specifications for or directing the construction, technical inspection, maintenance

or operation of a structure, work or process

(

i) that is aimed at the discovery, except by the

practice of geoscience, development or utilization of matter, materials or

energy or is designed for the use and convenience of human beings, and

(ii) that requires in the reporting, advising,

evaluating, designing, preparation or direction the professional application of

the principles of mathematics, chemistry, physics or a related applied subject,

and includes providing educational

instruction on the matters contained in this paragraph to a student at an

educational institution, but excludes practising as a natural scientist;

(i) "practice of geoscience" means

reporting on, advising on, evaluating, interpreting, processing, geological and

geophysical surveying, exploring, classifying reserves or examining activities

related to the earth sciences or engineering-geology

(

i) that is aimed at the discovery or development

of oil, natural gas, coal, metallic or non metallic minerals or precious

stones, water or other natural resources or that is aimed at the investigation

of geoscientific conditions, and

(ii) that requires in the reporting, advising,

evaluating, interpreting, processing, geoscientific surveying, exploring,

reserve classifying or examining the professional application of mathematics,

chemistry or physics through the application of the principles of geoscience,

and includes providing educational

instruction on the matters contained in this paragraph to a student at an

educational institution;

(j) "professional engineer" means a

person registered to engage in the practice of engineering under this Act;

(k) "professional geoscientist" means a

person registered to engage in the practice of geoscience under this Act;

(l) "professional member" means either a

professional engineer or geoscientist who is registered under this Act;

(m) "registrar" means the registrar referred

to in subsection 4 (13); and

(n) "student" means a person registered

in a recognized undergraduate degree program in engineering or geoscience.

Association continued

(1) The

Association of Professional Engineers and Geoscientists of Newfoundland and Labrador is continued as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) All professional members and members-in-training

are members of the association.

(3) The powers of the association shall be

exercised in the name of and on behalf of the association by the board of directors

referred to in

section 4 .

Board

(1) The

association shall be governed by a board of directors which shall consist of

(a) 9 professional members elected from and by

members of the association in accordance with the by-laws; and

(b) 3 members appointed under

section 5 who are not members of the association.

(2) The association shall elect one of the elected

members as the chairperson of the board.

(3) A person is not eligible to serve as

chairperson for more than 2 consecutive years.

(4) The chairperson, or an elected member

designated by him or her, shall chair the meetings of the board.

(5) A member may be elected for a term set by the

by-laws which shall not exceed 3 years and is eligible to be re-elected, but

shall not serve as a member for more than 9 consecutive years.

(6) Where a person elected to the board under

subsection (1) holds office for a period of 9 consecutive years the person is

not eligible for election as a member of the board until the expiration of 12

months from the end of the year in which he or she was last a member.

(7) An elected member may resign his or her office

by written notice to the board.

(8) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the expiry of the term of that elected

member.

(9) Where the term of office of a member of the board

expires and a successor has not been elected, the member may continue to hold

office until a successor is elected or appointed but time served by that member

under this subsection shall not be counted for the purpose of subsection (5).

(10) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members may be paid by the board, in accordance with the by-laws.

(11) The board shall appoint a chief executive

officer of the association.

(12) The chief executive officer shall carry out

the duties imposed on him or her by this Act and the by-laws made under

section

9 .

(13) The chief executive officer of the association

shall act as the registrar for the purpose of this Act.

Appointment by

minister

(1) The

minister shall appoint as members of the board 3 persons who are not professional

engineers or professional geoscientists who are suitable to represent the

public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member.

(4) Where the term of an appointed member expires,

he or she continues to be a member until re-appointed or replaced but time

served by that member under this subsection shall not be counted for the purpose

of subsection (3).

(5) The association shall pay the expenses of a person

appointed under this

section in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign his or her appointment by written notice to the minister and shall

provide a copy to the chairperson of the board.

(7) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

Meetings of the

board

(1) A

quorum of the board is 7 members, one of whom is an appointed member.

(2) Except where prohibited in the by-laws, a

member may, where a majority of the members consent, participate in a meeting

of the board by means of the telephone or other telecommunication device that

permits all persons participating in the meeting to communicate with each

other.

(3) Where a quorum under subsection (1) exists, a

majority of that number is sufficient to make a decision, and in the event of a

tie the chairperson of the meeting shall cast the deciding vote.

(4) In the absence of the chairperson, the members

of the board in attendance at a meeting may appoint another member to chair

that meeting.

Annual general

meeting

(1) The

association shall hold an annual general meeting, to which all members shall be

invited.

(2) At the annual general meeting the association shall

appoint an auditor to audit the accounts of the association and report on the financial

statement prepared by the board.

(3) The board may in its by-laws provide for

voting at a meeting of the board and the association or in an election of

members by mail or electronic means.

Fees

(1) In

prescribing the fees payable under this Act, the board shall, so far as it is

practicable, ensure that the amount of fees is sufficient to enable the

association to exercise its powers under this Act.

(2) All fees received by the association shall be

applied by it to its duties under this Act.

By-laws

(1) The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding and procedure of its and the

association's meetings;

(

b) the appointment of committees of the members

of the board comprising representatives of elected and appointed members and

the duties and responsibilities of those committees and the delegation of some

or all of the board's powers to them;

(

c) the election of members of the board under

subsection 4 (1) and setting the terms of

office;

(

d) the election of the chairperson of the board

under subsection 4 (2);

(

e) the payment of travel and other expenses of

elected members of the board;

(

f) the employment and remuneration of staff and

consultants of the association;

(

g) a code of ethics which shall include

(

i) a definition of "professional

misconduct" and "conduct unbecoming" for the purposes of

sections 20 to 37 ,

(ii) provisions respecting conflict of interest,

and

(iii) rules respecting methods of advertising;

(

h) the remuneration and payment of travel

expenses of members of adjudication tribunals;

(

i) the participation of members at a meeting of

the association or board by telephone or other telecommunications device under

section 6 ; and

(

j) voting by members of the association and the

board by mail or electronic means.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the board.

(3) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

Annual report

(1) The

board shall prepare and submit to the minister not later than 6 months after

the end of its financial year

(

a) a report on the activities of the association in

the previous year; and

(

b) the association's audited financial statements

for the previous financial year.

(2) The minister shall table a copy of the annual

report and the audited financial statement in the House of Assembly within 15

days of receiving it if the house is sitting and if the house is not sitting

within 15 days after it next begins to sit.

(3) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

Registration

11. A

person who

(

a) has met the requirements for registration that

may be prescribed by the board; and

(

b) pays the fees set by the association,

is entitled to be registered as a

professional engineer or geoscientist.

Permit holders

(1) A

professional member, partnership, corporation or other association of persons that

proposes to provide the services of a professional member directly to the

public shall apply to the board for a permit to provide those services.

(2) An

applicant for a permit under subsection (1) shall pay the fee set by the

association for the permit.

(3) As

a condition of receiving a permit, a professional member, partnership,

corporation or association of persons shall provide proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board.

Register

(1) The registrar shall keep a register in

which shall be entered the names of all persons registered, under

section 11 and

all professional members, partnerships, corporations or other associations of

persons issued a permit under

section 12 .

(2) The register shall be open to inspection by a

member of the public during normal business hours at the office of the board.

Exclusive scope

of the practice of engineering

(1) A

person, corporation, partnership or other association of persons, except a

professional engineer or a permit holder, shall not engage in the practice of

engineering.

(2) A professional engineer or permit holder may engage

in the practice of surveying except land surveying as defined in the Land Surveyors Act, 1991 and as defined

for geological and geophysical surveying in the practice of geoscience.

(3) Subsection (1) does not apply to

(

a) the performance of engineering work by persons

who are not professional engineers where a professional engineer is responsible

for the maintenance of engineering standards in the performance of the work;

(

b) a person engaging in testing, inspecting and

reporting, where the specifications and standards involved have been prepared

or approved by a professional engineer;

(

c) a person designing special production

machinery, equipment or tools and dies for the use of his or her employer's

facilities;

(

d) a person engaging in the repair, maintenance

or operation of equipment and facilities of his or her employer;

(

e) an engineer-in-training, in the course of his

or her being employed or supervised and directed by a professional engineer;

and

(

f) a person who, on his or her property and for his

or her sole use or the use of his or her domestic establishment, carries out

work that does not involve the safety of the general public.

(4) Subsection (1) does not apply to a person

engaged in

(

a) planning, designing or giving advice on the

design of;

(

b) preparing plans, drawings, detail drawings,

specification or graphic representations for the design of; or

(

c) inspecting work or assessing the performance

of work under a contract for

the erection, construction or alteration

of or addition to a building.

(5) In subsection (4), "building" means

a building in a category or type for which the services of a designer are not

required by the National Building Code in the construction of the building,

except as provided in the Code.

(6) In subsection (5), "designer" has

the same meaning as that given to it in the latest edition of the National

Building Code.

Exclusive use of

name engineer

(1) A

professional engineer only shall use the title "professional

engineer" or the abbreviation "P. Eng.".

(2) A person, corporation, partnership or other

association of persons, except a professional engineer or permit holder, shall

not

(

a) use the word "engineer or

engineering" in combination with a name, title, description, letter,

symbol or abbreviation, except a registered engineering geologist, that

represents expressly or by implication that he or she is a professional engineer

or permit holder;

(

b) represent, expressly or by implication, that

(

i) he or she is entitled to engage in the

practice of engineering, or

(ii) he or she is a professional engineer or permit

holder; or

(

c) affix the stamp or seal of a professional

engineer or permit holder, or allow that stamp or seal to be affixed to a plan,

drawing, detail drawing, specification, other document or reproduction of

either of them unless

(

i) the plan, drawing, detail drawing,

specification, other document or reproduction was prepared by or under the

supervision and control of a professional engineer,

(ii) the stamp or seal is affixed with the

knowledge and consent or in accordance with the direction of the professional

engineer or permit holder to whom the stamp or seal was issued, and

(iii) a professional engineer signs the stamp or

seal affixed.

Exclusive scope

of the practice of geoscience

(1) A

person, corporation, partnership or other association of persons, except a

professional geoscientist or a permit holder, shall not engage in the practice

of geoscience.

(2) Subsection (1) does not apply to

(

a) a person engaged in the practice of geoscience

as a geoscientist in training, geoscience technician or technologist, while

employed or engaged and supervised and controlled by a professional

geoscientist;

(

b) a prospector engaged in activities that are

normally associated with the business of prospecting;

(

c) the performance of routine geoscientific

surveys and reports, where the specifications and standards involved have been

prepared or approved by a professional geoscientist;

(

d) the performance of routine reduction and

plotting of geoscientific data where the activities are conducted under the supervision

of a professional geoscientist;

(

e) the performance of routine repair, maintenance

or operation of geoscience equipment and facilities of his or her employer; and

(

f) the performance of geoscientific work by

persons who are not professional geoscientists where a professional geoscientist

is responsible for the maintenance of geoscience standards in the performance

of the work.

Exclusive use of

name geoscientist

(1) A

professional geoscientist only shall use the title "professional

geoscientist" or the abbreviation "P. Geo.".

(2) A person, corporation, partnership or other

association of persons, except a professional geoscientist or a permit holder,

shall not

(

a) use the word "geoscientist" in

combination with a name, title, description, letter, symbol or abbreviation

that represents expressly or by implication that he or she is a professional

geoscientist or permit holder;

(

b) represent, expressly or by implication, that

(

i) he or she is entitled to engage in the

practice of geoscience, or

(ii) he or she is a professional geoscientist or permit

holder; or

(

c) affix the stamp or seal of a professional

geoscientist or permit holder, or allow that stamp or seal to be affixed to a report

or document, or a reproduction, unless

(

i) the report or document or reproduction was

prepared by or under the supervision and control of a professional

geoscientist,

(ii) the stamp or seal is affixed with the

knowledge and consent or under the direction of the professional geoscientist

or the permit holder to whom the stamp or seal was issued, and

(iii) a professional geoscientist signs the stamp or

seal.

Requirement for

permit

(1) A

professional member shall not offer or provide professional services directly to

the public unless the member has a permit issued under

section 12 .

(2) A permit issued under

section 12 may contain those restrictions on the practice of

engineering or geoscience that the board considers appropriate.

Limited liability

partnerships

19. Two

or more persons registered under this Act to practice as professional members

are eligible, as required by

section 56 of the Partnership Act , to apply to be registered under that Act as a

limited liability partnership.

Definitions

20. In

this

section and sections 21 to 37 ,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 22 ;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a professional member or

permit holder,

(iv) incapacity or unfitness to practise engineering

or geoscience, and

(

v) acting in breach of this Act, the regulations

or the code of ethics made under

section 9 ;

(d) "costs incurred by the association"

includes

(

i) out of pocket expenses incurred by or on

behalf of the association,

(ii) amounts paid by the association to

adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the association

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 21 from

which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a current or

former professional member or permit holder against whom an allegation is made.

Complaints and

disciplinary panel

(1) The board shall appoint at least 3 of

its members, at least one of whom is a member appointed under

section 5 , to constitute a complaints authorization

committee.

(2) The registrar is not eligible to be a member

of the complaints authorization committee.

(3) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The board shall appoint at least 12 members

who are not members of the board, one of whom shall be appointed to serve as

chairperson, and the minister shall appoint at least 4 persons who are not members

to represent the public interest, who shall together constitute a disciplinary

panel.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the board, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 25

and a person appointed by either of them may summon witnesses and require those

witnesses to give evidence, orally or in writing, upon oath or affirmation, and

produce the documents and things that either of them considers necessary to the

full investigation and hearing of an allegation or complaint and have the

powers, privileges and immunities that are conferred on a commissioner

appointed under the Public Inquiries Act,

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the registrar.

(2) The registrar may on his or her own motion

make an allegation and file it, and the allegation has the same effect as an

allegation referred to in subsection (1).

(3) Where the registrar has been informed that a professional

member or permit holder has been convicted of an offence under the provisions

of the Criminal Code or a similar

penal statute of another country or has been suspended by a governing body of professional

members and permit holders in another province or territory of Canada or

another territory or country for reason of professional misconduct, conduct

unbecoming a professional member or permit holder, or professional

incompetence, the information shall be dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation that

the allegation may be resolved satisfactorily and where the complainant and the

respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), he or she shall refer the allegation

and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization

committee

(1) Where

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one or more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) conduct

a practice review into the respondent's practice; and

(

d) require the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation is

considered to constitute a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

against the respondent and refer it to the disciplinary panel; and

(

c) suspend or restrict the respondent's

registration.

(4) Where the complaints authorization committee

suspends a respondent's registration under subsection (3), the committee shall

give notice of the suspension to the public as required by the regulations.

(5) A person conducting an investigation under

subsection (1) may

(

a) require a respondent to

(

i) undergo an examination he or she considers

necessary and as arranged by the registrar, and

(ii) permit the registrar or a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee to inspect and copy the records of the respondent and other documents

relating to the subject matter of the investigation; and

(

b) require another person to permit the registrar

or a member of the complaints authorization committee or another person

appointed by the complaints authorization committee to inspect and copy records

and other documents relating to the subject matter of the investigation held by

that person,

and the respondent or other person shall

comply.

(6) Where the registrar, a member of the complaints

authorization committee or a person appointed by the complaints authorization

committee requests that a respondent or another person provide information

under subsection (5), that information shall be provided within 7 days of

receipt of the request or a different period as specified in the request.

(7) An action for damages does not lie against a member

or permit holder or another person to whom a request is made solely because he

or she provides information requested of him or her under subsection (5).

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsections (5), (6) and (7) apply to the

Crown.

Adjudication

tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be members and one shall be a

person appointed by the minister under subsection 21(4).

(2) The chairperson of the disciplinary panel

shall appoint one of the members on an adjudication tribunal to be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 24 (3)(b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of it,

where it considers the desirability of protecting a party to the complaint or a

witness against the consequences of possible disclosure of personal matters

outweighs the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

27. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 24 (5) to conduct an inspection,

who made the copy or extract under

subsection 24 (5) is admissible in evidence in

an action, proceeding or prosecution, in the absence of evidence to the

contrary, as evidence of the original book, record, document or thing and its

contents.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration or permit to the board upon those conditions that may

be considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $25,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation and hearing

of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies satisfactory to

the board or another body or person designated by the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her practice or continue his

or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the association to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her registration or permit to the board upon those conditions that may

be considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $25,000 to be paid

to the association;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the association in the investigation and hearing

of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 30 (4) and other information that the tribunal may

specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies to the

satisfaction of the board or other body or person designated by the adjudication

tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her practice or continue his

or her practice under specified conditions,

(ix) permit periodic inspection of records relating

to his or her practice, or

(

x) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the association to

ensure the compliance of a respondent with an order or direction of an

adjudication tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 28 (2) or 29 (2) or

(3) and its reasons with the registrar and provide a copy to the complainant and

the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a professional member or permit holder permit

a person to view those records.

(3) The registrar shall publish a

summary of a decision

or order of an adjudication tribunal in a newspaper of general circulation in

or nearest to the community in which the respondent practises within 14 days of

the appeal period under

section 36 , unless a

court orders otherwise, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration or permit;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is confirmed, varied or set aside, the registrar shall within 14 days of the

filing of the subsequent decision or order publish a

summary of the decision or

order and subsections (2) and (3) apply, with the necessary changes.

(6) The registrar may give notice of the decision

and information respecting the decision to other persons the board may direct

and shall include a

summary of the decision in a certificate of good standing

issued in relation to the respondent.

De-registration

and suspension

(1) Where

a professional member or permit holder is allowed or directed to surrender his

or her registration or permit, his or her rights and privileges as a professional

member or permit holder cease.

(2) Where a professional member or permit holder is

suspended, his or her rights and privileges as a professional member or permit

holder cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a professional member or permit holder shall be

limited to the extent specified by the conditions or restrictions.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under subsection 28 (2) or 29 (3).

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal.

Re-hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her registration or permit;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the material

change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in circumstances

has occurred, as alleged by a respondent, the matter shall be referred to an

adjudication tribunal as if it were a matter referred under paragraph 24 (3)(

b) and sections 26

to 31 apply, with the necessary changes, to the

referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 29 , a tribunal may

(

a) vary the original decision or order made under

section 29 ; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of association

(1) Where

a person who was ordered to pay the costs of the board under paragraph 28 (2 )(

e) or 29 (3)(

e) fails to pay in the time required, the board

may suspend the registration or permit of that person until the costs are paid.

(2) Costs ordered to be paid to the association under

paragraph 28 (2)(

e) or 29 (3)(

e) are a debt due the association and may be recovered by a civil action.

Collection of

fine

(1) Where

an order is made under

section 28 or 29 imposing a fine on a respondent, the board may

issue a certificate stating the amount of the fine due and remaining unpaid and

the name of the person by whom it is payable, and file the certificate with the

Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On application under subsection (3), the judge

may make any amendment to the certificate that is necessary to make the certificate

accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(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 Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Action prohibited

37. An

action for damages shall not lie against the association, the board, disciplinary

panel, an adjudication tribunal or the individual members of those bodies, a

person appointed to conduct an investigation under subsection 24 (1 )( b), the registrar, or

an officer or employee of the board for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Regulations

(1) The

board may, with the approval of the minister, make regulations

(

a) respecting the establishment of categories of

and conditions respecting the registration of engineers-in-training, geoscientists-in-training,

candidates for examination and students;

(

b) respecting the academic qualifications and

experience required of applicants for registration as professional engineers or

geoscientists;

(

c) governing the evaluation by the board or a

committee of the board, of the academic qualifications and experience requirements

of applicants for registration to engage in the practice of engineering or

geoscience and the examination of the applicants with respect to those

qualifications or requirements;

(

d) respecting providing notice to the public

under subsection 24 (4);

(

e) respecting the eligibility of applicants

generally for registration to engage in the practice of engineering or

geoscience;

(

f) prescribing performance standards for the

practice of the professions;

(

g) governing the names which members and permit

holders may use in the practice of the professions;

(

h) respecting the establishment by the board of

both compulsory and optional continuing education programs for members;

(

i) establishing categories of professional

engineers or geoscientists or permit holders and prescribing the restrictions

of practice and the privileges and obligations of the categories;

(

j) respecting the use of stamps and seals;

(

k) governing the eligibility for registration of

persons, firms, partnerships and other associations of persons as permit

holders;

(

l) respecting eligibility to form limited

liability partnerships;

(

m) respecting alternative dispute resolution for

the purposes of sections 20 to 36 and the procedure for that resolution; and

(

n) prescribing time limits for events in the

disciplinary process in sections 20 to 37 , including time limits for:

(

i) the filing of an allegation,

(ii) the resolution of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 24 ,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice review under

paragraph 24 (1)(c),

(vii) the appointment of an adjudication panel under

section 25 , and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication panel following completion of the hearing.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under sections 20 to 37 where the board does not do so in a time period

the minister considers reasonable.

Use of stamp

(1) A

professional member shall sign and stamp or seal and a permit holder shall

stamp or seal all documents or records in accordance with the regulations.

(2) A person other than a professional member or

permit holder shall not use a stamp or seal issued by the registrar under this

Act.

Liability to

others

(1) The

relationship between a permit holder engaged in the practice of engineering or

of geoscience and a person receiving the professional services of the permit

holder is subject to this Act and the regulations.

(2) The relationship of a member to a permit

holder, whether as a member, shareholder or employee of the permit holder, does

not affect, modify or diminish the application of this Act to

(

a) the member; or

(

b) the relationship between the member and a

client.

Registrar's

certificate

(1) A

certificate signed by the registrar and stating that a person was or was not

during a specified period, a member or permit holder shall be admitted in

evidence as, in the absence of evidence to the contrary, proof of the facts

stated in it without proof of the registrar's appointment or signature.

(2) A certificate signed by the registrar and

stating that a person, corporation, partnership or other association of persons

was or was not during a specified period a permit holder shall be admitted in

evidence as, in the absence of evidence to the contrary, proof of the facts

stated in it without proof of the registrar's appointment or signature.

Practice prohibitions

(1) A

person whose registration as an engineer, geoscientist or permit holder is

cancelled or suspended under this Act shall not, without the consent of the

board, engage in the practice of engineering or of geoscience or directly or

indirectly associate in the practice of engineering or of geoscience with

another member or permit holder.

(2) A professional engineer, geoscientist or

permit holder shall not, except with the consent of the board, associate in the

practice of engineering or of geoscience directly or indirectly with or employ

a person whose registration has been cancelled or suspended under this Act.

(3) The board may permit a member or permit holder

to employ in connection with the practice of engineering or of geoscience a

person whose registration has been cancelled or suspended under this Act, in

board.

Penalties

(1) A

person who contravenes

section 15 or 17 is guilty of an offence and liable on

summary

conviction to a fine of not more than $10,000.

(2) A person who contravenes this Act, other than

section 15 or 17 ,

is guilty of an offence and is liable on

summary conviction to a fine not

exceeding

(

a) in the case of a natural person, $5,000 for a

first conviction and to a fine not exceeding $10,000 for a second or subsequent

conviction; and

(

b) in the case of a corporation, $25,000 for a

first conviction and to a fine not exceeding $100,000 for a second or subsequent

conviction.

Transition

(1) Where

a disciplinary committee has begun to hear a complaint against a professional

member or permit holder under

Part V of the Act repealed by this Act,

Part V

continues to apply to the complaint as if it continued in force.

(2) The elected members of the board holding

office on the day this Act comes into force continue to serve as members of the

board for the purpose of

section 4 until the

expiry of their terms.

RSNL1990 cE-12 Rep.

45. The Engineers

and Geoscientists Act is repealed.

Commencement

46. This Act comes into force on July 1, 2009 .

Earl G. Tucker, Queen's Printer