Statutes of Newfoundland and Labrador 2024 Chapter 29

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2008 cE-12.1
as amended

1. (1) Subsection 4(4) of the Engineers and Geoscientists Act, 2008 is amended by deleting the words "him or her" and substituting the words "the chairperson".

(2) Subsection 4(6) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(3) Subsection 4(7) of the Act is amended by deleting the words "his or her".

(4) Subsection 4(8) of the Act is amended by deleting the words "his or her" and substituting the words "the elected member's".

(5) Subsection 4(12) of the Act is amended by deleting the words "him or her" and substituting the words "the chief executive officer".

2. (1) Subsection 5(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 5(4) of the Act is amended by deleting the words "he or she" and substituting the words "the appointed member".

(3) Subsection 5(6) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

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

(a) deleting the words "his or her" and substituting the words "the person's"; and

(b) deleting the words "him or her" and substituting the words "the person".

3. Subsection 9(1) of the Act is amended by deleting the word "and" at the end of paragraph (i), deleting the period at the end of paragraph (j) and substituting a semi-colon and adding immediately after paragraph (j) the following:

(k) practice standards and guidelines regarding the practice of engineering and geoscience, including standards of professional competence, capacity and fitness to practice; and

(l) measures the board considers necessary to assist in the general administration of this Act and the regulations.

4. Subsection 12(3) of the Act is amended by deleting the words "he or she" and substituting the words "the professional member, partnership, corporation or association of persons".

5. (1) Paragraph 14(3)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Paragraph 14(3)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(3) Paragraph 14(3)(e) of the Act is amended by deleting the words "his or her".

(4) Paragraph 14(3)(f) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

6. (1) Paragraph 15(2)(a) of the Act is amended by deleting the words "he or she" and substituting the words "the person, corporation, partnership or other association of persons".

(2) Paragraph 15(2)(b) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person, corporation, partnership or other association of persons".

7. Paragraph 16(2)(e) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

8. (1) Paragraph 17(2)(a) of the Act is amended by deleting the words "he or she" and substituting the words "the person, corporation, partnership or other association of persons".

(2) Paragraph 17(2)(b) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the word "the person, corporation, partnership or other association of persons".

9. Subparagraph 20(c)(v) of the Act is amended by adding immediately after the words "code of ethics" the words "or practice standards".

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

(a) deleting the words "his or her" wherever they appear and substituting the words "the member's"; and

(b) deleting the words "he or she "and substituting the words "the member".

11. (1) Subsection 22(1) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

(2) Subsection 22(2) of the Act is amended by deleting the words "his or her" and substituting the words "the registrar's".

12. Subsection 23(2) of the Act is amended by deleting the words "he or she" and substituting the words "the registrar".

13. (1) Subparagraph 24(5)(a)(i) of the Act is amended by deleting the words "he or she" and substituting the words "the person conducting the investigation".

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

(a) deleting the words "he or she" and substituting the words "the member, permit holder or other person"; and

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

(3) Subsection 24(8) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

14. Subsection 26(2) of the Act is amended by deleting the words "his or her".

15. (1) Paragraph 28(2)(c) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the respondent's"; and

(b) deleting the word "respondents" and substituting the word "respondent's".

(2) Paragraph 28(2)(g) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

16. (1) Paragraph 29(3)(c) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the respondent's"; and

(b) deleting the word "respondents" and substituting the word "respondent's".

(2) Paragraph 29(3)(g) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

17. (1) Paragraph 30(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

(2) Paragraph 30(3)(c) of the Act is amended by deleting the word "respondents" and substituting the word "respondent's".

(3) Paragraph 30(4)(a) of the Act is amended by deleting the words "he or she" and substituting the words "the respondent".

(4) Paragraph 30(4)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

18. (1) Subsection 31(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the professional member's or permit holder's".

(2) Subsection 31(2) of the Act is amended by deleting the words "his or her" and substituting the words "the professional member's or permit holder's".

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

(a) deleting the word "respondents" and substituting the words "professional member's or permit holder's"; and

(b) deleting the words "his or her" wherever they appear and substituting the words "the professional member's or permit holder's".

19. Paragraph 33(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

20. Section 35 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

21. Section 36 of the Act is repealed and the following substituted:

Appeal to Supreme Court

36. (1) The board or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court.

(2) An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise.

22. Section 37 of the Act is repealed and the following substituted:

Protection from liability

37. (1) An action for damages for an act, purported act or failure to act, for a proceeding initiated or carried out in good faith under this Act, for carrying out duties or obligations under this Act or any regulation or by-laws made under it or for a decision or order made or enforced in good faith under this Act, does not lie against

(a) the minister;

(b) the registrar;

(d) an officer, employee or agent of the association or the board;

(e) a person or committee appointed by the association or the board;

(f) the association;

(g) the board;

(h) the complaints authorization committee or a person appointed by the complaints authorization committee;

(i) the disciplinary panel or an adjudication tribunal; or

(j) the individual members of a body listed in this subsection.

(2) An action for defamation shall not be founded on the publication of a communication that consists of or pertains to an allegation or complaint where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under sections 20 to 36.

(3) A member of the board is not personally liable for a debt of the board beyond the amount of the member's unpaid dues, fees, fines and penalties owed to the board, but all property of the board shall be held for the payment of the debts of the board.

23. Paragraph 38(1)(f) of the Act is repealed.