This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Revised Statutes of Newfoundland 1990


CHAPTER E-12

AN ACT RESPECTING THE ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF NEWFOUNDLAND

Analysis

1. Short title

2. Definitions

3. Application of Act

PART I
SCOPE OF PRACTICE

4. Exclusive scope of the practice of engineering

5. Exclusive use of name engineer

6. Exclusive scope of the practice of geoscience

7. Exclusive use of name geoscientist

8. Requirement for permit

9. Scope of Act

10. Injunction

PART II
ASSOCIATION

11. Association of Professional Engineers and Geoscientists

12. Council

13. Appointments

14. Council members

15. Powers of council

16. Appeal

PART III
REGULATIONS AND BY-LAWS

17. Regulations

18. By-laws

PART IV
REGISTRATION

19. Registers and membership records

20. Registration as professional member

21. Registration as licensee

22. Permit holders

23. Evidence of registration

24. Annual certificate

25. Entries in registers

26. Board of examiners

27. Approval by the board of examiners

28. Cancellation of registration

PART V
DISCIPLINE

29. Definitions

30. Complaints

31. Determination of unprofessional conduct and unskilled practice

32. Discipline committee

33. Preliminary investigation

34. Notice

35. Evidence

36. Report to the discipline committee

37. Termination of the investigation

38. Duty of discipline committee

39. Further investigation

40. Suspension pending investigation hearing

41. Right to counsel and to appearance

42. Proceedings in private

43. Committee is "investigating body"

44. Powers of the discipline committee

45. Order to pay expenses or a fine

46. Suspension of cancellation pending appeal

47. Appeal to council

48. Time of appeal

49. Powers of council

50. Appeal to the court

51. Power of the court

52. Fraudulent registration

53. Surrender of permit

54. Misrepresentation of status

PART VI
GENERAL

55. Use of stamp

56. Liability to others

57. Registrar's certificate

58. Protection from liability

PART VII
PROHIBITIONS AND PENALTIES

59. Practice prohibitions

60. Penalties

61. Fines


Short title

1. This Act may be cited as the Engineers and Geoscientists Act.

1988 c48 s1

Back to Top

Definitions

2. In this Act

(a) "association" means the Association of Professional Engineers and Geoscientists of the province;

(b) "board of examiners" means the board of examiners or a division of the board established under section 26;

(c) "council" means the council of the association;

(d) "court" means the Trial Division;

(e) "discipline committee" means the discipline committee established under section 32;

(f) "licensee" means a person who holds a licence under section 21;

(g) "member-in-training" means engineer-in-training or geoscientist-in-training who has not completed the requirements under this Act and the regulations for obtaining a certificate of registration;

(h) "minister" means the Minister of Justice or other minister of the Crown who may be designated by order of the Lieutenant-Governor in Council;

(i) "permit holder" means a person, a partnership or other association of persons, or a corporation, that holds a permit under this Act;

(j) "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;

(k) "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;

(l) "profession" means either the profession of engineering or of geoscience;

(m) "professional engineer" means a person who holds a certificate of registration to engage in the practice of engineering under this Act;

(n) "professional geoscientist" means a person who holds a certificate of registration to engage in the practice of geoscience under this Act;

(o) "professional member" means either a professional engineer or geoscientist who is registered as a member of the association under this Act;

(p) "registrar" means the registrar appointed under section 13;

(q) "secretary" means the secretary appointed under section 13; and

(r) "student" means a person registered in a recognized undergraduate degree program in engineering or geoscience.

1988 c48 s2; 1989 c19 Sch B

Back to Top

Application of Act

3. This Act applies to the practice of engineering and geoscience carried out by a person in the province, unless the practice is exempted by this Act or a regulation made under this Act.

1988 c48 s3

PART I
SCOPE OF PRACTICE

Back to Top

Exclusive scope of the practice of engineering

4. (1) Except as otherwise provided in this Act, no person, corporation, partnership or other association of persons, except a professional engineer, a licensee or a permit holder, shall engage in the practice of engineering.

(2) A professional engineer, licensee or permit holder may engage in the practice of surveying other than land surveying under the Land Surveyors Act 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 or licensees where a professional engineer or licensee 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 or licensee;

(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 controlled by a professional engineer or licensee; and

(f) a person who, on that person's property and for that person's 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 ascribed to it in the latest edition of the National Building Code.

1988 c48 s4

Back to Top

Exclusive use of name engineer

5. (1) Professional engineers and licensees only shall use the title "professional engineer" or the abbreviation "P. Eng.".

(2) No person, corporation, partnership or other association of persons, except a professional engineer, licensee or permit holder, shall

(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, licensee 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, licensee or permit holder; or

(c) affix the stamp or seal of a professional engineer, licensee 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) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the supervision and control of a professional engineer or licensee,

(ii) the stamp or seal is affixed with the knowledge and consent or in accordance with the direction of the professional engineer or licensee or permit holder to whom the stamp or seal was issued, and

(iii) a professional engineer or licensee signs the stamp or seal affixed.

1988 c48 s5

Back to Top

Exclusive scope of the practice of geoscience

6. (1) No person, corporation, partnership or other association of persons, except a professional geoscientist, a licensee or a permit holder, shall 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 or licensee;

(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 or licensee;

(d) the performance of routine reduction and plotting of geoscientific data where the activities are conducted under the supervision of a professional geoscientist or a licensee;

(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 neither professional geoscientists nor licensees where a professional geoscientist or licensee is responsible for the maintenance of geoscience standards in the performance of the work.

1988 c48 s6

Back to Top

Exclusive use of name geoscientist

7. (1) Professional geoscientists and licensees only shall use the title "professional geoscientist" or an abbreviation of that title.

(2) No person, corporation, partnership or other association of persons, except a professional geoscientist or a licensee or permit holder, shall

(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, licensee 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, licensee or permit holder; or

(c) affix the stamp or seal of a professional geoscientist, licensee or permit holder, or allow that stamp or seal to be affixed to a report or document, or a reproduction, unless

(i) that report or document or reproduction was prepared by or under the supervision and control of a professional geoscientist or licensee,

(ii) the stamp or seal is affixed with the knowledge and consent or under the direction of the professional geoscientist or licensee or the permit holder to whom the stamp or seal was issued, and

(iii) a professional geoscientist or licensee signs the stamp or seal.

1988 c48 s7

Back to Top

Requirement for permit

8. (1) A person who is not a professional member or licensee shall not engage in the practice of engineering or of geoscience, nor offer or provide professional services to the public, unless the person has a permit under section 22.

(2) A professional member or licensee shall not offer or provide professional services to the public unless the professional member or licensee has a permit under section 22.

(3) A permit issued under section 22 may contain those restrictions on the practice of engineering or geoscience that the council considers appropriate.

1988 c48 s8

Back to Top

Scope of Act

9. Nothing in this Act shall affect the rights, powers or privileges held by a person under another Act or under a registration or licence granted under that Act.

1988 c48 s9

Back to Top

Injunction

10. On application by the association, a judge of the Trial Division may prohibit a person from

(a) doing an act that contravenes this Part; or

(b) retaining, employing or contracting with someone who is not a member of the association for the performance of an act constituting the practice of professional engineering or geoscience.

1988 c48 s10

PART II
ASSOCIATION

Back to Top

Association of Professional Engineers and Geoscientists

11. (1) The corporation of the Association of Professional Engineers of Newfoundland is continued as a corporation under the name the Association of Professional Engineers and Geoscientists of Newfoundland.

(2) The abbreviated form of the name of the association shall be "A.P.E.G.N." or "APEGN".

(3) No person other than a member of the association shall use the abbreviated form of the name of the association alone or in combination with a word or name in a way that represents expressly or by implication that the person is a member of or connected with the association.

1988 c48 s11

Back to Top

Council

12. (1) The affairs of the association shall be governed by a body called the council.

(2) The council shall manage and conduct the business and affairs and exercise the powers of the association for and on behalf of the association.

1988 c48 s12

Back to Top

Appointments

13. The council shall appoint a registrar, a secretary and a treasurer.

1988 c48 s13

Back to Top

Council members

14. (1) The council shall include the president, vice-presidents, the number of which shall be prescribed by the by-laws, the immediate past-president and at least 10 other professional members, the number of whom shall be prescribed by the by-laws, each of whom shall be elected by the professional members at the time, in the manner and for the period provided for in the by-laws.

(2) The minister may appoint a person, not being a member of the association, but who is resident in the province, to the council for a 1 year term.

(3) A member of the council appointed under subsection (2) continues to hold office after the expiry of the term of office until the member is reappointed or a successor is appointed.

(4) The minister may, after consultation with the council, revoke the appointment of a member of the council made under subsection (2).

(5) The association may pay the travelling and other expenses of members of the council that may be prescribed by the by-laws.

(6) The powers, duties and operations of the council under this Act, the regulations and the by-laws are not affected by

(a) the fact that no person is appointed under subsection (2); or

(b) the revocation of the appointment or the resignation from the council of the person appointed under subsection (2).

(7) The failure of the member appointed under subsection (2) to attend a meeting of the council does not affect or restrict the council from exercising at that meeting a power or performing a duty under this Act, the regulations or the by-laws.

1988 c48 s14

Back to Top

Powers of council

15. (1) The council may

(a) assess existing and develop new educational standards and specify the training and experience required as a condition precedent to obtaining and continuing registration under this Act;

(b) evaluate desirable standards of competence of professional members, licensees and permit holders generally;

(c) inquire into the practice of the profession by professional members, licensees and permit holders generally;

(d) inquire into a matter that the council from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of the professions under this Act and the regulations;

(e) conduct a review of the practice of a professional member, licensee or permit holder in accordance with this Act and the regulations; and

(f) prescribe, publish, amend and enforce a minimum scale of fees to be taken by professional engineers and geoscientists for services rendered.

(2) The council may negotiate for and on behalf of a professional member, licensee, permit holder or member-in-training in a matter pertaining to the welfare of the person as a professional and to do all other matters and things which may be necessary for, incidental or conducive to his or her welfare and usefulness to the public.

(3) A person requested to appear at an inquiry under this section by the council is entitled to be represented by counsel.

(4) The council may, after a review under this section of a professional member, licensee or permit holder, make an order that the discipline committee may make under section 44 or 45.

(5) The provisions of Part V with respect to an investigation and hearing by the discipline committee apply to a review of a professional member, licensee, permit holder or member-in-training by the council.

(6) At any time during an inquiry or review under this section, the council may direct the discipline committee to continue the inquiry or review under Part V.

1988 c48 s15

Back to Top

Appeal

16. A professional member, licensee, permit holder or member-in-training who is the subject of a hearing or a review by council may appeal a decision or order of the council in accordance with section 50.

1988 c48 s16

PART III
REGULATIONS AND BY-LAWS

Back to Top

Regulations

17. Subject to the approval of the minister, the council may 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 council, the board of examiners, or a committee, established by either of them, 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 the eligibility of applicants generally for registration to engage in the practice of engineering or geoscience;

(e) prescribing performance standards for the practice of the professions;

(f) establishing and providing for the publication of a code of ethics respecting the practice of the professions, the maintenance of the dignity and honour of the professions and the protection of the public interest, including a requirement to carry professional liability insurance;

(g) governing the names which professional members, licensees and permit holders may use in the practice of the professions;

(h) governing the operation and proceedings of the board of examiners and the designation of a chairperson and vice-chairperson, the appointment of acting members and the procedures for filling vacancies in the offices of chairperson and vice-chairperson and in the membership, and the appointment of a person as a member by virtue of his or her office, and prescribing their powers, duties and functions;

(i) respecting the establishment by the council of both compulsory and optional continuing education programs for professional members and licensees;

(j) governing the publication of a notice of the suspension or cancellation of the registration of a professional member, licensee or permit holder in a form and manner prescribed by the council;

(k) respecting committees of inquiry for reinstatement under Part V;

(l) establishing categories of professional engineers or geoscientists and licensees or permit holders and prescribing the restrictions of practice and the privileges and obligations of the categories;

(m) respecting the use of stamps and seals;

(n) governing the eligibility for registration of persons, firms, partnerships and other associations of persons as permit holders;

(o) defining a word or expression used in this Act and not defined in this Act; and

(p) respecting registration, licensing, the issuing of permits and certificates, disciplinary matters and the practice of geoscience and engineering generally.

1988 c48 s17

Back to Top

By-laws

18. (1) The council may make by-laws not inconsistent with this Act that are necessary or desirable for regulating the conduct of the professions or for the proper exercise of its powers.

(2) The council may make by-laws respecting the holding of mail votes on matters relating to the association.

(3) The Statutes and Subordinate Legislation Act does not apply to by-laws of the association made under this section.

1988 c48 s18

PART IV
REGISTRATION

Back to Top

Registers and membership records

19. (1) The registrar shall maintain, in accordance with the by-laws and records, subject to the direction of the council, a register for each of the following:

(a) professional engineers;

(b) professional geoscientists;

(c) licensees;

(d) permit holders.

(2) The register shall, without charge, be open and subject to inspection at all reasonable times by a person.

(3) The registrar shall maintain, in accordance with the by-laws and subject to the direction of the council, a membership record of the members in each category of membership established under the regulations and the by-laws.

1988 c48 s19

Back to Top

Registration as professional member

20. The board of examiners shall approve the registration as a professional engineer or geoscientist of a person who has applied to the board and is eligible in accordance with this Act and the regulations to become a professional engineer or geoscientist.

1988 c48 s20

Back to Top

Registration as licensee

21. The board of examiners shall approve the registration as a licensee of a person who has applied to it and is eligible in accordance with this Act and the regulations to be registered to engage in the practice of engineering or of geoscience as a licensee.

1988 c48 s21

Back to Top

Permit holders

22. (1) The council shall approve the registration as a permit holder of a person, a partnership or other association of persons, or of a corporation that has applied to the council and is eligible under this section and the regulations to be registered to engage in the practice of engineering or of geoscience as a permit holder.

(2) A person, a partnership or other association of persons or a corporation that applies to the council is eligible to be registered as a permit holder entitled to engage in the practice of engineering or of geoscience, or both, where he, she or it satisfies the council that he, she or it complies with this Act and the regulations.

(3) The council may grant a permit under 1 or more of the following classifications to:

Class A: a person, a partnership or other association of persons or a corporation, which is primarily engaged in offering and providing professional services to the public; and

Class B: a person, a partnership or other association of persons or a corporation, one of whose customary functions is to engage in the practice of engineering or the practice of geoscience, but whose principal activity is not the offering and providing of professional services to the public.

1988 c48 s22

Back to Top

Evidence of registration

23. (1) On entering the name of a professional engineer or geoscientist, licensee or permit holder in the register, the registrar shall issue

(a) a certificate of registration or licence or permit as is appropriate; and

(b) a stamp or seal engraved as prescribed in the by-laws.

(2) A certificate of registration, a licence or a permit issued under this section entitles the holder to engage in the practice of engineering or of geoscience subject to this Act, the regulations, the by-laws and the provisions of the certificate, licence or permit.

1988 c48 s23

Back to Top

Annual certificate

24. (1) A professional member, licensee or permit holder engaged in the practice of engineering or of geoscience shall pay to the association the annual fee prescribed by the by-laws.

(2) The registrar shall issue an annual certificate in accordance with the by-laws to a professional member, licensee or permit holder

(a) whose registration is not under suspension; and

(b) who has paid the annual fee.

(3) An annual certificate entitles the professional member, licensee or permit holder to engage in the practice of engineering or of geoscience during the year for which the annual certificate is issued.

1988 c48 s24

Back to Top

Entries in registers

25. The registration of a professional member, licensee or permit holder is suspended or cancelled when the decision to suspend or cancel the registration is made in accordance with this Act.

1988 c48 s25

Back to Top

Board of examiners

26. (1) The council shall establish a board of examiners which may be divided into 2 divisions, 1 to deal with applications for registration as professional engineers and licensees for the practice of engineering and the other to deal with applications for registration as professional geoscientists and licensees for the practice of geoscience in accordance with the regulations.

(2) The board of examiners shall consider applications for the registration of applicants as professional members or licensees in accordance with this Part, the regulations and by-laws.

1988 c48 s26

Back to Top

Approval by the board of examiners

27. (1) The board of examiners shall approve the registration as a professional member of a person who proves to the satisfaction of the board that he or she

(a) is a resident of the province;

(b) is a Canadian citizen or lawfully admitted to Canada as a permanent resident; and

(c) meets the requirements of this Act, the regulations and the by-laws.

(2) The board of examiners shall approve the registration as a licensee of a person who proves to the satisfaction of the board that the person

(a) is a registered member in good standing of an association of professional engineers or geoscientists, other than this association but is not a resident of this province, provided that the other association has membership requirements acceptable to the council;

(b) is qualified to practise professional engineering or geoscience but is a resident of a province, state or country in which there is no association having requirements for membership equivalent to those of the association; and

(c) otherwise complies with the provisions of this Act, the by-laws and regulations.

1988 c48 s27

Back to Top

Cancellation of registration

28. (1) The council may direct the registrar to cancel the registration of a professional member, licensee or permit holder who is in default of payment of annual fees or other fees, dues or levies payable under this Act.

(2) The registrar shall cancel the registration of a professional member, licensee or permit holder who is in default according to the procedure prescribed in the by-laws of the association.

1988 c48 s28

PART V
DISCIPLINE

Back to Top

Definitions

29. (1) In this Part

(a) "conduct" includes an act or omission;

(b) "investigated person" means a professional member, licensee, permit holder or member-in-training whose conduct has led to an investigation under this Part; and

(c) "practice of the profession" means practice of engineering or of geoscience.

(2) For the purposes of this Part, the secretary has all the powers that are conferred on a commissioner under the Public Inquiries Act.

1988 c48 s29

Back to Top

Complaints

30. (1) A person may complain to the secretary about the conduct of a professional member, licensee, permit holder or member-in-training and the complaint shall be dealt with in accordance with this Part and the regulations.

(2) A complaint respecting the conduct of a professional member, licensee or permit holder whose registration was cancelled under this Act may be dealt with as if the cancellation had not occurred.

(3) Notwithstanding section 33, a person designated by the council as a mediator may assist in settling a complaint where the complainant and the person about whose conduct the complaint was made agree, but where, within 30 days from the date of receipt of the complaint or a longer period agreed to by the parties, a settlement of the complaint between the parties does not occur, or in the mediator's opinion is not likely to occur, the complaint shall be referred immediately by the secretary to the discipline committee.

1988 c48 s30

Back to Top

Determination of unprofessional conduct and unskilled practice

31. (1) Conduct of a professional member, licensee, permit holder or member-in-training whether in Canada or elsewhere that in the opinion of the discipline committee or the council

(a) is detrimental to the best interests of the public;

(b) contravenes a code of ethics of the professions as established under the regulations;

(c) harms or tends to harm the standing of the professions generally; or

(d) displays a lack of knowledge or skill or judgment in the practice of the profession or in the carrying out of a duty or obligation undertaken in the practice of the profession,

constitutes either unskilled practice of the profession or unprofessional conduct, whichever the discipline committee finds.

(2) Where an investigated person fails to comply with this Act, the regulations or the by-laws, and the failure or contravention is, in the opinion of the discipline committee, of a serious nature, the failure or contravention may be found by the discipline committee to be unprofessional conduct whether or not it would be so found under subsection (1).

1988 c48 s31

Back to Top

Discipline committee

32. (1) The council shall establish a discipline committee the members of which shall be appointed in accordance with the regulations.

(2) The council shall make regulations governing, subject to this Part, the operation and proceedings of the discipline committee, the designation of a chairperson and vice-chairperson, the appointment of acting members and the procedures for filling vacancies in the offices of chairperson and vice-chairperson and the membership and the appointment of persons as members by virtue of their office, and prescribing their powers, duties and functions.

(3) A regulation made under subsection (2) does not come into force unless it has been approved by the minister.

1988 c48 s32

Back to Top

Preliminary investigation

33. The discipline committee or a person appointed by it shall immediately upon the receipt of a complaint appoint a person to conduct a preliminary investigation of the complaint.

1988 c48 s33

Back to Top

Notice

34. The secretary shall immediately send a notice in writing to the investigated person that a preliminary investigation is being conducted.

1988 c48 s34

Back to Top

Evidence

35. (1) A person conducting a preliminary investigation may

(a) require the investigated person to produce plans, drawings, maps, detailed drawing, specifications, reports, books, papers or other documents or records in the investigated person's possession or under his or her control; and

(b) keep copies for the purposes of this Part of the documents or records that are produced.

(2) A person conducting a preliminary investigation into the conduct of a professional member, licensee, permit holder or member-in-training shall report to the discipline committee on all matters regarding the professional conduct of the investigated person that arises in the course of the investigation.

1988 c48 s35

Back to Top

Report to the discipline committee

36. The person conducting a preliminary investigation shall, on concluding the preliminary investigation, report his or her findings to the discipline committee.

1988 c48 s36

Back to Top

Termination of the investigation

37. (1) The discipline committee may terminate the investigation at any time where it is of the opinion that

(a) the complaint is frivolous or vexatious; or

(b) there is insufficient evidence of unskilled practice of the profession or of unprofessional conduct.

(2) On terminating an investigation, the discipline committee shall direct the secretary to serve on the investigated person and on the complainant a notice of the termination in accordance with the by-laws.

(3) A complainant who is served with a notice under subsection (2) of termination of the investigation may appeal that decision to the council.

(4) On an appeal under subsection (3), the council shall determine whether the complaint should be referred to the discipline committee for a hearing in accordance with this Part, and shall notify the complainant, the investigated person and the discipline committee in writing of its decision.

1988 c48 s37

Back to Top

Duty of discipline committee

38. (1) Where the investigation is not terminated under section 37, the discipline committee shall hold a hearing into the complaint immediately.

(2) The secretary shall serve on the investigated person and on the complainant a notice of hearing stating the date, time and place at which the discipline committee shall hold the hearing, and giving reasonable particulars of the conduct or complaint which has led to the hearing.

1988 c48 s38

Back to Top

Further investigation

39. (1) The discipline committee may also investigate and hear other matters concerning the professional conduct of the investigated person that arise during the hearing, but in that event the committee shall declare its intention to investigate and hear the further matter and shall permit the person sufficient opportunity to prepare an answer.

(2) Notwithstanding subsection (1), where proceedings in respect of the same circumstances or events are commenced against the investigated person in court, the discipline committee may adjourn the hearing.

(3) Sections 41 to 45 apply to an investigation and hearing of a further matter under subsection (1).

1988 c48 s39

Back to Top

Suspension pending investigation hearing

40. The discipline committee may suspend the registration of a professional member, licensee, permit holder or member-in-training pending a preliminary investigation or a decision of the discipline committee.

1988 c48 s40

Back to Top

Right to counsel and to appearance

41. The association, the investigated person and the complainant may appear and be represented by counsel at a hearing before the discipline committee.

1988 c48 s41

Back to Top

Proceedings in private

42. All proceedings under this Part except those before the discipline committee or the court shall be held in private.

1988 c48 s42

Back to Top

Committee is "investigating body"

43. (1) The discipline committee and each member of the committee has the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(2) The discipline committee shall be considered to be an "investigating body" for the purposes of the Public Investigations Evidence Act, and there shall be full right to examine and cross-examine all witnesses called and to adduce evidence in response and to reply.

(3) The provisions of section 3 of the Public Inquiries Act apply to all witnesses.

1988 c48 s43

Back to Top

Powers of the discipline committee

44. Where the discipline committee finds that the conduct of the investigated person constitutes unprofessional conduct or unskilled practice of the profession or both, the discipline committee may

(a) reprimand the investigated person;

(b) suspend the registration of the investigated person for a specified period;

(c) suspend the registration of the investigated person either generally or from a field of practice until

(i) the person has completed a specified course of studies or obtained supervised practical experience, or

(ii) the discipline committee is satisfied as to the competence of the investigated person generally or in a specified field of practice;

(d) accept in place of a suspension the investigated person's undertaking to limit his or her practice;

(e) impose conditions on the investigated person's practice of the profession generally or in a field of the practice, including the conditions that the person

(i) practise under supervision,

(ii) not engage in sole practice,

(iii) permit periodic inspections by a person authorized by the discipline committee, or

(iv) report to the discipline committee on specific matters;

(f) direct the investigated person to pass a course of study or satisfy the discipline committee of his or her practical competence;

(g) require the investigated person to take counselling or to obtain the assistance that in the opinion of the discipline committee is appropriate;

(h) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the opinion of the discipline committee, were improperly rendered;

(i) cancel the registration of the investigated person; or

(j) make another order that it considers appropriate in the circumstances.

1988 c48 s44

Back to Top

Order to pay expenses or a fine

45. (1) The discipline committee may, in addition to dealing with the investigated person under section 44, order that the investigated person pay the reasonable expenses of the association arising out of the hearing in accordance with the by-laws in the time fixed by the order.

(2) Where the investigated person ordered to pay the expenses under subsection (1) fails to pay in the time ordered, the discipline committee may suspend the registration of that person until the expenses are paid.

(3) Expenses ordered to be paid to the association under this section are a debt due to the association and may be recovered by civil action.

1988 c48 s45

Back to Top

Suspension of cancellation pending appeal

46. Where an appeal is brought under this Part, the council may grant a stay of an order of the discipline committee until the time that the council makes a decision on the appeal.

1988 c48 s46

Back to Top

Appeal to council

47. An investigated person may by way of written notice appeal to the council

(a) a finding made by the discipline committee; or

(b) an order of the discipline committee under section 44 or 45.

1988 c48 s47

Back to Top

Time of appeal

48. (1) The council, on receiving a notice of appeal under section 47, shall serve on the investigated person a notice of hearing of the appeal stating the date, time and place that the council will hear the matter.

(2) The council shall hear an appeal as soon as is practicable.

1988 c48 s48

Back to Top

Powers of council

49. (1) For the purpose of an appeal under section 47 the council has all the powers that are conferred on a commissioner by the Public Inquiries Act.

(2) The council may immediately after the conclusion of all proceedings before it

(a) make findings about the conduct of the investigated person that in its opinion ought to have been made by the discipline committee;

(b) quash, vary or confirm the finding or order of the discipline committee or make a finding or order of its own;

(c) refer the matter back to the discipline committee for further consideration in accordance with directions that the council may make; or

(d) order that the investigated person pay the reasonable expenses arising out of the hearing in accordance with the by-laws.

1988 c48 s49

Back to Top

Appeal to the court

50. (1) An investigated person may appeal to the court a finding or order made by the council under section 49.

(2) The association shall be the respondent in an appeal under subsection (1) and may make representations to the court.

(3) An appeal under this section shall be started

(a) by filing a notice of appeal with the registrar; and

(b) by serving a copy of the notice on the secretary,

within 30 days from the date the decision of the council is served on the investigated person.

(4) An appeal shall be supported by copies, certified by the secretary, of the decision of the council and the record of the hearing of the council.

(5) The secretary shall furnish the documents mentioned in subsection (4) on being requested to do so.

1988 c48 s50

Back to Top

Power of the court

51. (1) The court on hearing the appeal may

(a) make a finding that in its opinion ought to have been made by the council;

(b) quash, confirm or vary the order or decision of the council or a part of it; or

(c) refer the matter back to the council for further consideration.

(2) The court may make an award as to the costs of an appeal that it considers appropriate.

1988 c48 s51

Back to Top

Fraudulent registration

52. (1) Where the council is satisfied, after a hearing of the matter, that a person's registration was entered in the register by means of a false or fraudulent representation or declaration, oral or written, the council shall cancel the registration.

(2) The provisions of this Part respecting the procedures of the discipline committee apply to a hearing held by the council under subsection (1).

1988 c48 s52

Back to Top

Surrender of permit

53. (1) Where the registration of a professional member, licensee or permit holder is cancelled or suspended under this Part, he or she shall immediately surrender to the registrar a certificate, licence, permit, stamp or seal issued to him or her.

(2) Where the registration of a professional member, licensee or permit holder is cancelled under this Part, the registration shall only be reinstated in the register by order of the council.

1988 c48 s53

Back to Top

Misrepresentation of status

54. It is unprofessional conduct for a person who is or was registered as a professional member, licensee or permit holder to represent that he or she is registered and in good standing while his or her registration is suspended or cancelled, and such conduct may be dealt with under this Part.

1988 c48 s54

PART VI
GENERAL

Back to Top

Use of stamp

55. (1) A professional member or licensee shall sign and stamp or seal and a permit holder shall stamp or seal all documents or records in accordance with the regulations.

(2) No person other than a professional member, licensee or permit holder shall use a stamp or seal issued by the registrar under this Act.

1988 c48 s55

Back to Top

Liability to others

56. (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 professional member or licensee to a permit holder, whether a member, shareholder or employee of the permit holder, does not affect, modify or diminish the application of this Act, the regulations and by-laws to

(a) the professional member or licensee; or

(b) the relationship between the professional member or licensee and a client.

1988 c48 s56

Back to Top

Registrar's certificate

57. (1) A certificate signed by the registrar and stating that a person was or was not during a specified period,

(a) a professional member, licensee or permit holder, member-in-training; or

(b) an officer of the association or a member of the council

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 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.

1988 c48 s57

Back to Top

Protection from liability

58. (1) No action lies against

(a) a person conducting a preliminary investigation, a member of the discipline committee, the council or the board of examiners, the secretary, the registrar, the association or a person acting on their instructions; or

(b) a member, officer or employee of the association

for anything done in good faith and under this Act, the regulations or the by-laws.

(2) No action for defamation may be founded on a communication that pertains to a complaint regarding the conduct of a professional member, licensee, permit holder or member-in-training where it is communicated to or published by

(a) the association;

(b) a member of the council, the discipline committee or the board of examiners;

(c) a person conducting a preliminary investigation;

(d) an officer or employee of the association; or

(e) a person acting on the instructions of 1 of them,

in good faith in the course of investigating the complaint or in the course of proceedings under Part V relating to the complaint.

1988 c48 s58

PART VII
PROHIBITIONS AND PENALTIES

Back to Top

Practice prohibitions

59. (1) A person whose registration as a professional engineer, geoscientist, licensee or permit holder is cancelled or suspended under this Act shall not, without the consent of the council, engage in the practice of engineering or of geoscience or directly or indirectly associate in the practice of engineering or of geoscience with another professional member, licensee or permit holder.

(2) No professional engineer, geoscientist, licensee or permit holder shall, except with the consent of the council, 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 council may permit a professional member, licensee 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 the capacity and subject to the terms and conditions that are prescribed by the council.

1988 c48 s59

Back to Top

Penalties

60. (1) A person or a member, officer, employee or agent of a partnership or other association of persons or of a corporation who contravenes section 5 or 7 is guilty of an offence and liable on summary conviction

(a) for the 1st offence, to a fine of not more than $2,000;

(b) for the 2nd offence, to a fine of not more than $4,000; and

(c) for the 3rd and each subsequent offence, to a fine of not more than $6,000, or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) A person, corporation, partnership or other association of persons who knowingly employs, for work which requires the services of a professional engineer or geoscientist, a person or company who is not a member, licensee or permit holder in accordance with this Act is guilty of an offence and is liable

(a) for the 1st offence, to a fine of not more than $2,000;

(b) for the 2nd offence, to a fine of not more than $4,000; and

(c) for the 3rd and each subsequent offence, to a fine of not more than $6,000, or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(3) A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards.

1988 c48 s60

Back to Top

Fines

61. (1) All fines imposed under this Act by the association shall be paid to the association.

(2) All fines imposed under this Act as a result of a summary conviction offence shall be paid to the Consolidated Revenue Fund.

1988 c48 s61

©Earl G. Tucker, Queen's Printer