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C.C.S.M. c. E120

The Engineering and Geoscientific Professions Act

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PART 1
DEFINITIONS
1 Definitions
PART 2
ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS
2 Association continued
3 Purposes of association
4 Head office
5 Membership
6 Powers of association
PART 3
COUNCIL AND ELECTION OF COUNCILLORS
7 Constitution of council
8(1) Elected councillors
(2) Appointed councillors
(3) Time of appointment
(4) Effect of absence from meetings
(5) Filling vacancies
9(1) Powers of council
(2) Delegation of authority
10 Validity of council's acts
PART 4
CODE OF ETHICS AND BY-LAWS
11(1) Establishment of code of ethics
(2) Application of code of ethics
12(1) By-laws
(2) By-laws may delegate
(3) Policies and procedures
(4) Existing by-laws, policies and procedures
PART 5
ANNUAL AND SPECIAL MEETINGS
13(1) Annual meeting
(2) Time and place
(3) Notice
(4) Special general meetings
PART 6
REGISTRATION, CERTIFICATION AND LICENCES
14(1) Registration committee
(2) Criteria and standards
15(1) Qualifications for membership
(2) Members of other associations
(3) Reinstatement
16(1) Practice under certificate of authorization
(2) Qualifications for certificate of authorization
(2.1) Waiver of insurance requirement
(3) Continuance of certificate of authorization
(4) Information to be updated
(5) Responsibility for practice
17 Qualifications for temporary licence
18 Qualifications for specified scope of practice licence
19 Qualifications for enrolment as an engineer-in-training or geoscientist-in-training
20 Application not approved
21(1) Appeal to council
(2) Deposit to accompany notice of appeal
(3) Hearing
(4) Notification of hearing
(5) Participation by member of registration committee
(6) Decision by council
(7) Application not approved by council
22(1) Appeal to court
(2) Powers of court
23 Deposit to be returned
PART 7
DUES
24(1) Annual dues
(2) Penalty for non-payment
(3) Appeal
(4) Power on appeal
PART 8
SEAL
25 Extended definitions
26(1) Seal by members
(2) Ownership of seal
(3) Seal by temporary licensees
(4) Identification by holder of certificate of authorization
(5) Seal by specified scope of practice licensee
PART 9
REGISTER
27 Register
28(1) Certificate of registration
(2) Certificate of authorization
(3) Certificate of temporary licence
(4) Certificate of specified scope of practice licence
(5) Signing of certificates
PART 10
DISCIPLINE
29 Extended definitions
30 Investigation committee
31(1) Complaints
(2) Investigation committee may initiate complaint
(3) Surrender of certificate does not affect discipline proceedings
(4) Complaints against former members
32 Referral to investigation committee
33(1) Investigated person to produce records
(2) Failure to produce records
34 Investigated person not to communicate with complainant
35(1) Decision of investigation committee
(2) Hearing not required
36(1) Appeal by complainant to a committee of the council
(2) Appointment of committee of council
(3) Powers of committee of council
(4) Power on appeal
37(1) Suspension pending decision
(2) Application for stay
38(1) Discipline committee
(2) Members not to have taken part in investigation
39(1) Hearing by discipline committee
(2) Powers of panel
(3) Right to appear and be represented
(4) Examination of documentary evidence
40(1) Hearings open to public
(2) Exclusion of public
(3) Public information may be disclosed
(4) Exclusion of public during certain motions
(5) Orders with respect to matters in submissions
(6) Reasons for order to exclude public, etc., available to public
(7) Reconsidering of order to exclude public, etc.
41(1) Evidence
(2) Power to administer oaths
(3) Recording of evidence
42 Witnesses
43(1) Notice to attend and produce records
(2) Registrar shall provide notices
(3) Witness fees
44(1) Failure to attend or give evidence
(2) Failure by investigated person to attend
45 Hearing in absence of investigated person
46(1) Unskilled practice or professional misconduct
(2) Findings of discipline committee or panel
(3) Conviction in another jurisdiction
(4) Certificate of decision
47(1) Orders of the panel
(2) Panel may consider cautions
(3) Ancillary orders
(4) Contravention of order
48(1) Costs and fines
(2) Filing of order
49(1) Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript
50 Publication of decision
51(1) Stay pending appeal to council
(2) Stay pending appeal to court
52 Rules of practice and procedure
53(1) Appeal to council
(2) Deposit to accompany notice of appeal
(3) Procedure
(4) Powers of council on appeal
(5) Costs
54 Deposit may be returned
55(1) Appeal to court
(2) Commencement of appeal
(3) Appeal on the record
(4) Powers of court on appeal
PART 11
NO ACTIONS AGAINST MEMBERS
56 No action to lie
PART 12
PROHIBITIONS
57 Prohibitions on practice
58(1) Representation as a professional engineer or professional geoscientist
(2) Use of professional engineer or professional geoscientist in business name
59 Prohibition on contracting with corporations and partnerships
PART 13
OFFENCES AND ENFORCEMENT
60(1) Limitation on prosecutions
(2) Certificate of registrar
61 Onus
62 Practice proved by a single act
63 Information
64 Injunction
65(1) Penalties
(2) Fines recovered belong to association
PART 14
EXCEPTIONS
66(1) Activities that are not affected
(2) Definition of "practice of natural science"
66.1 Prime consultant
PART 15
INTER-ASSOCIATION RELATIONS JOINT BOARDS
67(1) Joint board with The Certified Technicians and Technologists Association of Manitoba Inc.
(2) Composition of board
(3) Rules of procedure
(4) Disputes
68(1) Joint board with The Manitoba Association of Architects
(2) Composition of board
(3) Rules of procedure
(4) Disputes
(5) Determination to be implemented
68.1(1) Grandfathering: professional engineers
(2) Joint board to establish criteria
(3) Conditions
(4) Chair to establish criteria if joint board does not
(5) Application to joint board
(6) Joint board to make determination and issue recognition certificate
(7) Chair to make determination if joint board does not
(8) Additional conditions
(9) Validity
(10) Revocation
(11) No fee
(12) Not a member of Manitoba Association of Architects
PART 16
TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE
69(1) Transitional: membership
(2) Transitional: council
(3) Transitional: policies and procedures
(4) Geoscientists appointed to council
70 to 74
75 Repeal
76 C.C.S.M. reference
77 Coming into force