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4th Session, 40th Legislature

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Bill 21

THE ENGINEERING AND GEOSCIENTIFIC PROFESSIONS AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E120 amended

1           The Engineering and Geoscientific Professions Act is amended by this Act.

2            Section 1 is amended

(a) by repealing the definitions "engineer-in-training" and "geoscientist-in training";

(b) by adding the following definitions:

"engineering intern" means a natural person who has been enrolled by the association as an engineering intern and whose name is entered on the association's register as an engineering intern; (« stagiaire en génie »)

"geoscience intern" means a natural person who has been enrolled by the association as a geoscience intern and whose name is entered on the association's register as a geoscience intern; (« stagiaire en géoscience »)

"specified scope of practice licensee" means a natural person who holds a valid and subsisting specified scope of practice licence and whose name is entered on the association's register as a specified scope of practice licensee; (« titulaire de permis d'exercice limité »)

(c) in the definition "register", by striking out "engineer-in-training and geoscientist-in-training" and substituting "engineering intern and geoscience intern"; and

(d) in the definition "student", by striking out "register of students" and substituting "register as a student".

3           Section 3 is amended

(a) by replacing clause (b) with the following:

(b) promote and increase, in the public interest, the knowledge, skill and competency

(i) of its members, and

(ii) of all other persons governed or regulated by it,

in all things relating to the professions of engineering and geoscience;

(b) by adding the following after clause (c):

(d) promote professional engineering and professional geoscience and the role of the association; and

(e) carry out any duties and exercise any powers that are given to it by another enactment.

4           Section 6 is amended

(a) by replacing the part before clause (a) with "To carry out its purposes, the association may";

(b) in clause (a), by striking out "in furtherance of its purposes,"; and

(c) by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following as clause (d):

(d) make grants, donations and loans, and give financial or other assistance.

5           Section 7 is amended by striking out "and" at the end of clause (d), adding "and" at the end of clause (e) and adding the following after clause (e):

(f) a councillor who is an engineering intern or geoscience intern and is elected in accordance with the by-laws.

6           Subsection 11(2) is amended by striking out "engineers-in-training, geoscientists-in-training" and substituting "engineering interns, geoscience interns".

7(1)        Subsection 12(1) is amended

(a) by replacing the part before clause (a) with "In accordance with procedures set out in its by-laws, the association may make, amend or repeal by-laws, not inconsistent with this Act,";

(b) in clauses (e) and (f), by striking out "engineer-in-training or a geoscientist-in-training" and susbtituting "engineering intern or geoscience intern";

(c) in clauses (j) and (k),

(i) by striking out "compulsory continuing" and substituting "continuing professional", and

(ii) by striking out "engineers-in-training, geoscientists-in-training" and substituting "engineering interns, geoscience interns";

(d) by repealing clause (l);

(e) in clause (m), by striking out everything after "membership";

(f) by adding the following after clause (m):

(m.1) respecting enrolment of students by the association;

(g) in clauses (n) and (w), by striking out "engineers-in-training, geoscientists-in-training" and substituting "engineering interns, geoscience interns";

(h) in clauses (r), (s) and (t), by striking out "engineers-in-training and geoscientists-in-training" wherever it occurs and substituting "engineering interns and geoscience interns"; and

(i) by replacing clauses (z) to (z.3) with the following:

(z) respecting the manual or digital authentication of engineering or geoscientific documents;

(z.1) respecting the establishment of bursaries, scholarships, fellowships, loans, awards and other assistance for engineering and geoscientific education and providing for their administration by the council;

(z.2) respecting grants, donations and loans that may be made and financial and other assistance that may be given by the association in carrying out its purposes;

(z.3) respecting advocacy by the association when the public is at risk;

7(2)        The following is added after subsection 12(4):

When by-laws, amendments and repeals effective

12(5)       A by-law or the amendment or repeal of a by-law comes into force when, in compliance with the procedures set out in the association's by-laws, it is approved by the proportion of the members required by the by-laws.

Non-application of Corporations Act to making by-laws

12(6)       Subsections 98(1) to (4) of The Corporations Act do not apply to the association.

Validity of certain by-laws

12(7)       A by-law made, amended or repealed after September 30, 2010, but before this subsection came into force is deemed to have been validly made, amended or repealed if the procedures set out in the association's by-laws were followed and the required proportion of the members gave their approval in accordance with the by-laws.

8           The following is added after section 12:

PART 4.1

CONTINUING PROFESSIONAL

DEVELOPMENT

Meaning of "continuing professional development requirements"

12.1(1)     In this section, "continuing professional development requirements" means the requirements of a continuing professional development program established in accordance with the by-laws.

Compliance and recordkeeping

12.1(2)     A member, temporary licensee or specified scope of practice licensee must, in accordance with this section and the requirements established under the by-laws,

(a) comply with the continuing professional development requirements that apply to him or her; and

(b) make and maintain records setting out the details of his or her participation in continuing professional development.

Registrar may require record

12.1(3)     The registrar may require a member, temporary licensee or specified scope of practice licensee to provide to the registrar a copy of the records of his or her participation in continuing professional development for any period the registrar specifies.

Record to be provided without delay

12.1(4)     A person who is required to provide a copy of a record under subsection (3) must provide it without delay after being informed of the requirement by the registrar.

Suspension for non-compliance

12.2(1)     Subject to subsection (2), the council may direct the registrar to suspend the certificate of registration, temporary licence or specified scope of practice licence of anyone who fails to comply with a requirement of section 12.1.

Notice of non-compliance

12.2(2)     The registrar must give the person notice that the person's certificate of registration, temporary licence or specified scope of practice licence will be suspended without further notice if the person does not comply with section 12.1 within the notice period consisting of 30 days after the day the notice is given or any longer period that the council permits.

Suspension by registrar

12.2(3)     If the person's non-compliance continues after the expiration of the notice period described in subsection (2), the registrar may

(a) suspend the certificate of registration, temporary licence or specified scope of practice licence without further notice; and

(b) cancel the suspension once the registrar is satisfied that the person has complied.

9(1)        Subsection 14(1) is amended by striking out "engineers-in-training or geoscientists-in-training" and substituting "engineering interns or geoscience interns".

9(2)        Subsection 14(2) is replaced with the following:

Criteria and standards used by committee

14(2)       The council must establish criteria and standards to be used by the registration committee

(a) in

(i) assessing the academic qualifications and engineering work experience,

(ii) prescribing confirmatory, exploratory, proficiency and qualifying examinations, and

(iii) setting such other requirements as are not inconsistent with this Act and the by-laws,

for applicants for certificates of registration, certificates of authorization, temporary licences, specified scope of practice licences and enrolment as engineering interns or geoscience interns; and

(b) in determining restrictions that are to be imposed on the scope of practice that may be carried on under a specified scope of practice licence.

10          Clause 15(1)(d) is amended by striking out "engineers-in-training or geoscientists-in-training" and substituting "engineering interns or geoscience interns".

11          Clause 16(1)(b) is replaced with the following:

(b) the practice is carried on by or under the direct personal supervision of a professional engineer in the case of engineering practice or a professional geoscientist in the case of geoscience practice who, in either case,

(i) assumes professional responsibility for the practice, and

(ii) is a partner or full-time employee of the partnership or a full-time employee of the corporation or other entity;

12          Clause 18(b) amended by adding ", including evidence of the applicant's academic qualifications, experience and competence to practise within the specified scope of practice" at the end.

13          Section 19 is amended

(a) in the section heading, by striking out "engineer-in-training or geoscientist-in-training" and substituting "engineering intern or geoscience intern"; and

(b) by striking out "engineer-in-training or a geoscientist-in-training" and substituting "engineering intern or geoscience intern".

14          In the following provisions, "engineer-in-training or geoscientist-in-training" is struck out and "engineering intern or geoscience intern" is substituted:

(a) section 20;

(b) section 29,

(i) in clauses (a) and (b) of the definition "investigated person", and

(ii) in the definition "lay person";

(c) subsections 31(1), (3) and (4);

(d) clause 32(b);

(e) clause 35(1)(d);

(f) subsection 37(1);

(g) clauses 47(1)(b), (c), (g) and (j) and subsection 47(4);

(h) the part of subsection 58(1) after clause (f);

(i) wherever it occurs in section 61;

(j) clause 64(a).

15(1)       Subsection 21(1) is replaced with the following:

Appeal to council

21(1)       A person may appeal to the council if

(a) the person's application for a certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineering intern or geoscience intern is not approved by the registration committee; or

(b) the person's application for a specified scope of practice licence is approved, but the person disagrees with the scope of practice specified in the licence.

How to appeal

21(1.1)     To appeal under this section, the person must provide a written notice to the council stating the person's wish to appeal. The notice must specify the reasons for the appeal and be provided to the council within 30 days after the day the person received notice of the decision being appealed.

15(2)       Subsection 21(7) is replaced with the following:

Appeal not decided in appellant's favour

21(7)       When the council's decision about an appeal is not the decision requested in the appeal, the council must give the appellant, in addition to the notice referred to in subsection (6), reasons for its decision and must advise the appellant that he or she may appeal the decision to the court.

16          Subsection 22(1) is replaced with the following:

Appeal to court

22(1)       A person whose appeal under section 21 has been decided by the council and who disagrees with the decision may appeal the decision to the court by filing a notice of appeal with the court within 30 days after receiving notice of the decision.

17(1)       Subsection 24(1) is amended by striking out "engineer-in-training and geoscientist-in-training" wherever it occurs and substituting "engineering intern and geoscience intern".

17(2)       Subsection 24(2) is replaced with the following:

Consequences of non-payment

24(2)       When a person who is a member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineering intern or geoscience intern does not pay the prescribed annual dues within one month after the day on which payment is due, the registrar must remove the person's name from the register.

Reinstatement

24(2.1)     When a person's name has been removed from the register under this section, the person may, after complying with the by-laws concerning reinstatement, apply to be reinstated.

17(3)       Subsections 24(3) and (4) are amended by striking out "engineer-in-training, or geoscientist-in-training" and substituting "engineering intern or geoscience intern".

18          Section 25 is amended

(a) by replacing the section heading with "Definitions";

(b) by repealing the definitions "electronic seal" and "seal";

(c) by adding the following definition:

"digital signature" means the form of identification issued by the association to a member or specified scope of practice licensee to be used to digitally authenticate documents in computer readable form; (« signature numérique »)

(d) by replacing the definition "manual seal" with the following:

"manual seal" means the form of identification issued by the association to a member or specified scope of practice licensee to be manually impressed onto physical documents. (« sceau manuel »)

19          Section 26 is replaced with the following:

Association to issue manual seal or digital signature

26(1)       The association must issue a manual seal or a digital signature, or both, to each member and specified scope of practice licensee. A manual seal or digital signature is to contain the name of the person to whom it is issued and

(a) if the person is a member, the words "Registered Professional Engineer, Province of Manitoba" or "Registered Professional Geoscientist, Province of Manitoba", as may be applicable; and

(b) if the person is a specified scope of practice licensee, the words "Registered Engineering Licensee, Province of Manitoba" or "Registered Geoscience Licensee, Province of Manitoba", as may be applicable.

Ownership of manual seal and digital signature

26(2)       A manual seal and digital signature issued by the association remains the association's property and must be returned to the registrar if the registration of the person to whom it was issued is suspended or cancelled or the person's name is removed from the register for any reason.

Authentication of documents by member

26(3)       A member must, in accordance with the by-laws and the code of ethics, authenticate every engineering or geoscientific estimate, specification, report, working drawing, plan and other engineering or geoscientific document issued by the member.

Authentication of documents by specified scope of practice licensee

26(4)       A specified scope of practice licensee must, in accordance with the by-laws and the code of ethics, authenticate every estimate, specification, report, working drawing, plan and other engineering or geoscientific document issued by the licensee.

Authentication of documents by temporary licensee

26(5)       A temporary licensee must authenticate every engineering or geoscientific estimate, specification, report, working drawing, plan and other document issued by the temporary licensee by validating and impressing on it the seal issued to him or her by the association of which the temporary licensee is a member and must comply with any other requirements that are prescribed by the by-laws or the code of ethics.

Identification by holder of certificate of authorization

26(6)       When the practice of professional engineering or the practice of professional geoscience is carried out under a certificate of authorization, a form of identification of the certificate holder must, in accordance with the by-laws, appear in the vicinity of the manual seal or digital signature on each engineering or geoscience estimate, specification, working drawing, plan and other engineering or geoscientific document issued by the holder of a certificate of authorization.

20          Clause 30(b) is replaced with the following:

(b) at least one lay person — but not more than the number of lay persons that is 1/3 of the total number of committee members — who are to report to the council on the practices and procedures followed by the committee; and

21          Section 56 is amended by striking out "or any engineer-in-training or any geoscientist-in-training" and substituting ", any engineering intern, any geoscience intern".

22          Subsection 66(1) is amended

(a) in clause (b), by striking out "engineer-in-training" and substituting "engineering intern"; and

(b) in clause (d), by striking out "geoscientist-in-training" and substituting "geoscience intern".

23          Section 68.1 is repealed.

Coming into force

24          This Act comes into force on the day it receives royal assent.

Explanatory Note

The Engineering and Geoscientific Professions Act provides for the regulation of those professions and related disciplines by the Association of Professional Engineers and Geoscientists of the Province of Manitoba. This Bill amends the Act as follows:

  • registration and administrative processes are amended to improve the association's ability to license individuals who do not meet the requirements for full membership, but who are qualified to practice within a limited scope of engineering or geoscience;
  • the association's purposes and powers are amended to allow for promoting the role of the professions and the association by, among other things, making grants and donations and giving financial assistance;
  • representation on the association's council for an engineering or geoscience intern is established;
  • the procedure for making a by-law is updated to allow for the use new technology;
  • the association's ability to ensure that registrants participate in continuing professional development is strengthened;
  • the composition of the association's investigation committee is altered slightly to allow for the participation of additional public representatives;
  • a number of changes are made to modernize terminology and improve consistency with language used in jurisdictions elsewhere in Canada;
  • a spent provision (section 68.1) is repealed.