Ontario Society of Professional Engineers Act, 2011 Kwinter, Monte — Bill 148 (39th Parliament, 2nd Session)

Bill 148, 39-2

Ontario — Bills

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Bill 148, Ontario Society of Professional Engineers Act, 2011

Kwinter, Monte

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[39] Bill 148 Original (PDF)

Bill 148 2010

An Act respecting

the Ontario Society of Professional Engineers

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"licensed professional engineer"

means an individual who holds a licence to engage in the practice of

professional engineering under the Professional Engineers Act ; ("ingénieur autorisé")

"Society" means the Ontario Society

of Professional Engineers. (" Association ")

No effect on rights

of professional engineers

2. This Act does not

affect the rights, obligations, qualifications or requirements related to the

practice of engineering in Ontario, including the qualifications required to be

a licensed professional engineer.

Society continued

(1) The

Ontario Society of Professional Engineers is continued as a corporation without

share capital under the name Ontario Society of Professional Engineers in

des ingénieurs de l'Ontario in French.

Continuation of

members

(2) The individuals

registered as members of the Society immediately before the day this Act comes

into force continue as members of the Society until the registration expires or

is terminated.

Continuation of

board

(3) The individuals who

are directors and officers of the Society immediately before the day this Act

comes into force continue in the same offices of the Society until replaced or

removed.

Objects

4. The objects of the

Society are,

(

a) to represent the interests of

licensed professional engineers in Ontario, including speaking on their behalf;

(

b) to encourage the use of

professional engineering services in Ontario;

(

c) to promote and encourage,

through its members, participation in the engineering profession;

(

d) to

strive to make the implications of registration with the Society more

meaningful in Ontario;

(

e) to

assist licensed professional engineers to achieve and maintain the highest

possible standards in the practice of professional engineering;

(

f) to

provide risk management assistance to its members for the benefit of the

member's practice and for public protection;

(

g) to

provide affinity and other related services to its members, including

sponsoring and making recommendations regarding professional indemnity and

other insurances and services that address the business and private needs of

its members;

(

h) to

sponsor programs, awards and services that promote excellence in the study and

application of professional engineering in Ontario and elsewhere; and

(

i) to

recognize and honour significant achievements made by Ontario's licensed

professional engineers.

Capacity and powers

5. For

the purpose of carrying out its objects, the Society shall have the capacity

and powers of a natural person.

Board

(1) The

board of directors of the Society shall manage the affairs of the Society.

Composition of board

(2) The board shall consist of at least six and not more

than 15 directors, as the Society may determine from time to time, and the

directors shall be elected or appointed from among the members of the Society

in accordance with the by-laws.

Quorum

(3) A majority of the members of the board constitutes a

quorum at any meeting of the board.

Officers

(4) The board shall elect or appoint officers from among

the members in accordance with the by-laws.

Vacancies

(5) In the case of death of any member of the board, the

board shall declare the office vacant, and in the case of resignation or

incapacity of any member of the board, the board may declare the office vacant.

Same

(6) If the board declares an office vacant under subsection

(5), the board shall fill the vacancy in accordance with the by-laws for the

balance of the unexpired term.

Resignation

(7) For the purposes

of subsection (5), the board may by resolution declare that the director has

resigned if,

(

a) the director is absent from

three consecutive regular meetings of the board and the board did not, by a

motion recorded in the minutes, give its consent to any of those absences; or

(

b) the director's registration

is cancelled or suspended.

Advisory board

(8) The Society may,

by by-law, provide for the appointment by the board of an honorary advisory

board that shall advise the Society on matters relating to the objects of the

Society and the honorary advisory board shall consist of individuals who are

not members of the Society, not exceeding six.

Committees

(9) The board shall

appoint any standing committees that are required by the by-laws and may

appoint any other committees that are permitted by the by-laws.

Application for

membership

(1) An

individual may apply for membership in the Society in accordance with the

Society's by-laws.

Eligibility

(2) An individual is

eligible to be a member if he or she,

(

a) is 18 years of age or older;

(

b) is and continues to be of

good character; and

(

c) meets the education,

experience or other requirements specified by the by-laws.

Proxies

8. At any meeting,

members of the Society may vote by proxy in accordance with the by-laws, but

only if the proxy is exercised by a member of the Society.

By-laws

(1) The

Society may make by-laws governing the management of the Society and the

conduct and administration of the Society's affairs, including,

(

a) for the purposes of clause 7

(2) (c), specifying the education, experience or other requirements that must

be met by an individual to become a member of the Society;

(

b) prescribing fees payable to

the Society by its members;

(

c) providing for the manner of

nominating, electing or appointing directors and for the term of office of

directors;

(

d) governing the calling,

holding and conduct of meetings of the board of directors of the Society and

meetings of the Society;

(

e) providing

for the governance of the Society;

(

f) establishing

an insurance committee and any other committees;

(

g) governing

the acquisition and disposition of real and personal property; and

(

h) providing

for the ownership of shares or membership interest in an insurance or insurance

related corporation that was incorporated for the purpose of providing

insurance or services ancillary to the insurance to,

(

i) members

of the Society,

(ii) licensed

professional engineers, or

(iii) individuals

who are authorized to engage in the practice of engineering in a jurisdiction

other than Ontario.

Confirmation

(2) A by-law passed under subsection (1) or a repeal,

amendment or re-enactment of a by-law passed under subsection (1), is only

effective until the next annual meeting of the members unless,

(

a) it

is confirmed before the annual meeting at a general meeting of the members

called for that purpose; or

(

b) it

is confirmed at the annual meeting.

Same

(3) If a by-law, repeal, amendment or re-enactment of a

by-law is not confirmed under clause (2) (

a) or (b), no new by-law of the same

or similar substance is effective until it is confirmed in accordance with

clause (2) (

a) or (b).

Inspection of by-laws

(4) The board of directors of the Society shall make the

Society's by-laws available for public inspection at the Society's head office

and shall post the by-laws on the Society's website, if any.

Continuation of by-laws

(5) Any by-law that was enacted before the day this Act

comes into force and is consistent with this Act shall be continued as a by-law

of the Society until amended or revoked.

Modification of by-laws

(6) Any by-law that was enacted before the day this Act

comes into force but is not consistent with this Act shall be modified as

necessary by the Society.

Same

(7) For the purposes of subsection (6), the Society shall

hold a meeting within 180 days after the day this Act comes into force.

Surplus

10. Any surplus obtained from

carrying on the business of the Society shall only be used for promoting and

carrying out its objects in accordance with this Act and the by-laws and shall

not be divided among its members.

Commencement

11. This Act comes into force on the day it

receives Royal Assent.

Short title

12. The

short title of this Act is the Ontario Society of Professional Engineers

Act, 2010 .

EXPLANATORY NOTE

The

Bill continues the Ontario Society of Professional Engineers, a corporation

without share capital.

Definitions

and

Interpretation (sections 1 and 2): The Bill

sets out

definitions and states that it does not affect the rights, obligations,

qualifications or requirements related to the practice of engineering in

Ontario .

The

Association

(sections 3 to 5): The objects of the Society are specified, and include representing the

interests of licensed professional engineers in Ontario . The Society has the capacity and powers

of a natural person .

The

Board

(section 6): The board of directors manages the affairs of the Society and is

composed of its members. The Society can provide for the appointment of an

honorary advisory board to advise the Society.

Membership

and Proxies (sections 7 and 8): An

individual is eligible to be a member of the Society if he or she is at least

18 years old, is of good character and meets the education, experience or other

requirements specified by the by-laws. Members may vote by proxy.

By-laws (section 9): The Society's

by-law making powers are set out. They include the power to make by-laws providing

for the governance of the Society.

Surplus

(section

10): Surplus obtained from carrying on the Society's business cannot be

divided among the Society's members.

Date Bill stage Activity Committee

March 3, 2011

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

March 3, 2011

Second Reading

Carried

March 3, 2011

Second Reading

Debate

December 8, 2010

First Reading

Carried

Debates and Progress

First Reading

December 8, 2010

Committee

Second Reading

March 3, 2011

Mr. Monte Kwinter, Mr. Norman W. Sterling, Mr. Rosario Marchese, Mr. Bas Balkissoon, Mr. Ted Chudleigh, Mr. Reza Moridi, Mr. Bob Delaney

March 3, 2011

Declared carried. Ordered referred to the Standing Committee on Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 148, 39-2
Type	bill
Volume / chapter	p39 s2 bill 148 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	de7877c042362008711cd32d2ce9a9434f5ad8d7

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