4th Session, 42nd Legislature
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Bill 233
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:
The Engineering and Geoscientific Professions Act is amended by this Act.
Section 1 is amended
(a) by adding the following definitions:
"layperson" means a natural person who is not and never has been a member, licensee, engineering intern or geoscience intern; (« profane »)
"licensee" includes both a temporary licensee and a specified scope of practice licensee; (« titulaire de permis »)
(b) in the French version, by adding the following definition:
« titulaire de permis temporaire » Personne physique qui est titulaire de permis temporaire en cours de validité. ("temporary licensee")
(c) in the definition "certificate of authorization", by striking out ", temporary licensees or specified scope of practice licensees" and substituting "or licensees";
(d) in the definition "member",
(i) by adding ", unless the context otherwise requires," before "means", and
(ii) by striking out "professional engineer or professional geoscientist" and substituting "member";
(e) in the definition "register", by striking out "temporary licensee, holder of a certificate of authorization, specified scope of practice licensee" and substituting "licensee, holder of a certificate of authorization";
(f) in the definition "temporary licence", by striking out "non-resident";
(g) by replacing the definitions "professional engineer" and "professional geoscientist" with the following:
"professional engineer" means a member or temporary licensee who is authorized to engage in the practice of professional engineering under this Act; (« ingénieur »)
"professional geoscientist" means a member or temporary licensee who is authorized to engage in the practice of professional geoscience under this Act; (« géoscientifique »)
(h) in the French version, by repealing the definition "titulaire d'un permis temporaire".
Section 5 is amended by striking out "professional engineers or as professional geoscientists" and substituting "members".
Section 7 is amended
(a) in clause (a), by striking out "under clause (d)" and substituting "under subsection 8(1) and the by-laws"; and
(b) by replacing clauses (d) and (e) with the following:
(d) not fewer than seven councillors who are members elected under subsection 8(1) and the by-laws;
(e) not fewer than two councillors who are laypersons appointed under subsection 8(2); and
Subsection 9(2) is amended by striking out ", including, without limiting the generality of the foregoing, the powers, authority and duties granted to or imposed upon the council under Part 10".
Subsection 11(2) is amended by striking out "temporary licensees, holders of certificates of authorization, engineering interns, geoscience interns and specified scope of practice licensees" and substituting "licensees, holders of certificates of authorization, engineering interns and geoscience interns".
Subsection 12(1) is amended
(a) by adding the following as clause (b.1):
(b.1) prescribing the number of councillors elected under subsection 8(1) and appointed under subsection 8(2);
(b) in clause (f), by striking out "training" and substituting "internship";
(c) in clause (g), by striking out "professional engineers or as professional geoscientists" and substituting "members or as licensees";
(d) by repealing clause (h);
(e) in clause (i), by striking out "temporary licensees and specified scope of practice";
(f) in clause (j), by striking out "temporary licensees, engineering interns, geoscience interns and specified scope of practice licensees" and substituting "licensees, engineering interns and geoscience interns";
(g) by replacing clause (k) with the following:
(k) respecting continuing professional development programs for members, licensees, engineering interns and geoscience interns, including
(i) requiring participation in programs,
(ii) establishing procedures for monitoring participation, and
(iii) specifying standards for maintaining records of participation;
(h) in clause (n), by striking out "temporary licensees, specified scope of practice";
(i) in clause (r), by striking out "temporary licensees, specified scope of practice" wherever it occurs;
(j) in clauses (s) and (t), by striking out "temporary licensees, specified scope of practice";
(k) in clauses (u) and (v) of the French version, by striking out "la réglementation" and substituting "le déroulement";
(l) by adding the following after clause (v):
(v.1) respecting appeals under Part 10.1, including the appointment of persons to the appeal committee and the regulation of meetings and proceedings of the appeal committee;
(v.2) subject to subsection (1.1), respecting the giving or serving of notices and other documents under this Act and the by-laws and specifying when they are deemed to have been given or received;
(m) in clause (w), by striking out "temporary licensees, engineering interns, geoscience interns, specified scope of practice licensees" and substituting "licensees, engineering interns, geoscience interns"; and
(n) by adding the following after clause (w):
(w.1) respecting the corporate or business names that may be used by holders of certificates of authorization;
The following is added after subsection 12(1):
Limitation on powers re notices
A by-law made under clause (1)(v.2) must not deem a notice or other document to have been given or received sooner than three days after the day that the notice or document was sent or mailed.
Subsection 12.1(2), in the part before clause (a), is amended by striking out ", temporary licensee or specified scope of practice licensee" and substituting "or licensee".
Subsection 12.1(3) is amended by striking out ", temporary licensee or specified scope of practice licensee" and substituting "or licensee".
Subsection 12.2(3) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):
(a.1) publish the person's name and the circumstances relevant to the suspension;
(a.2) notify the person's employer, if any, and any other person of the suspension; and
Subsection 14(1) is amended by striking out ", certificates of authorization" and substituting "made under subsection 15(1)".
The following is added after subsection 14(1):
The registrar shall, in accordance with this Act and the by-laws, consider and decide upon applications for
(a) certificates of registration made under subsection 15(2); and
(b) certificates of authorization.
Subsection 14(2) is amended
(a) in the section heading, by adding "and registrar" at the end;
(b) in the part before clause (a), by adding "or registrar, as the case may be," at the end; and
(c) by replacing subclause (a)(ii) with the following:
(ii) enforcing proficiency standards, and
Subsection 15(1) is amended by replacing the part before clause (a) with the following:
A certificate of registration may be granted by the registration committee to a natural person who submits an application in the prescribed form and evidence that the applicant
Subsection 15(1) is further amended, in clause (a), by striking out "a natural person".
Subsection 15(2) is replaced with the following:
Applicants from other jurisdictions
A certificate of registration may be issued by the registrar to a natural person entitled to practise professional engineering or professional geoscience in another jurisdiction who submits an application in the prescribed form and evidence that the applicant
(a) is at least 18 years of age;
(b) is registered and in good standing with a regulatory body of professional engineers or professional geoscientists of another jurisdiction;
(c) has a scope of practice in the other jurisdiction and competencies that, in the opinion of the registrar, are substantially equivalent to those of a member;
(d) has subscribed to and agreed to abide by the code of ethics of the association;
(e) has paid the dues and fees prescribed by the by-laws; and
(f) has complied with any other terms and conditions as may be imposed in accordance with this Act or the by-laws.
Subsection 16(1) is amended
(a) in the part of clause (b) before subclause (i), by striking out everything after "supervision of a" and substituting "member or licensee who";
(b) by adding the following after clause (b):
(b.1) the practice is subject to any restriction imposed on the practice of the member or licensee who is performing the work on behalf of the partnership, corporation or other entity;
(c) in clause (c), by striking out " temporary licensee of the association" and substituting "licensee".
Subclause 16(2)(b)(ii) is amended by striking out "temporary".
Clause 17(a) is replaced with the following:
(a) is a natural person at least 18 years of age;
(a.1) is registered and in good standing with a regulatory body of professional engineers or professional geoscientists of another jurisdiction;
(a.2) has a scope of practice in the other jurisdiction and competencies that, in the opinion of the registration committee, are substantially equivalent to those of a member; and
Section 20 is replaced with the following:
Application not approved by registration committee
The registration committee must give an applicant written notice of a decision
(a) to refuse to issue a certificate of registration under subsection 15(1), a temporary licence or a specified scope of practice licence;
(b) to specify a scope of practice and impose restrictions on a specified scope of practice licence; or
(c) to refuse to enroll an applicant as an engineering intern or a geoscience intern.
Application not approved by registrar
The registrar must give an applicant written notice of a decision to refuse to issue
(a) a certificate of registration under subsection 15(2); or
(b) a certificate of authorization.
A notice of a decision by the registration committee or the registrar must include reasons for the decision and notice that the applicant may appeal the decision.
An applicant may appeal a decision under section 20 to the appeal committee.
To make an appeal, the applicant must, within 30 days after receiving notice of a decision, give the registrar a written notice of appeal specifying the reasons for the appeal. The appeal is then to be dealt with under Part 10.1.
Sections 21 to 23 are repealed.
In subsections 24(1) and (2), "temporary licensee, specified scope of practice" is struck out wherever it occurs.
Subsections 24(3) and (4) are repealed.
Subsection 28(2) is amended by striking out "has granted authorization" and substituting "shall direct".
Section 29 is amended
(a) in the definition "investigated person"
(i) in clauses (a) and (b), by striking out "temporary licensee, specified scope of practice"; and
(ii) by replacing the part after clause (b) with "who is the subject of a complaint under this Part;"; and
(b) by repealing the definition "lay person".
Section 30 is renumbered as subsection 30(1) and is amended in clause (b) of the English version
(a) by striking out "lay person" and substituting "layperson"; and
(b) by striking out "lay persons" and substituting "laypersons".
The following is added as subsections 30(2) to (4):
The investigation committee is responsible for investigating complaints and, when the committee considers it appropriate to do so, attempting to resolve them informally.
In the course of an investigation under subsection (2), the investigation committee may investigate any other matter related to the skill in practice or professional conduct of the investigated person that arises in the course of the investigation.
The investigation committee may engage legal counsel and employ any other experts that the committee considers necessary to assist it.
Subsection 31(1) is amended by striking out "temporary licensee, specified scope of practice".
The following is added as subsection 31(2.1):
Referral to investigation committee
If the registrar receives information that the conduct of a person may constitute unskilled practice of professional engineering or professional geoscience or professional misconduct, the registrar may refer the information to the investigation committee. If the registrar refers it to the investigation committee, the information is deemed to be a complaint.
Section 32 is replaced with the following:
Within 10 days after receiving a complaint, the registrar must refer it to the investigation committee.
Clause 33(1)(b) is replaced with the following:
(b) to attend at the investigation and provide any information requested by the person, investigation committee or sub-committee.
Section 36 is replaced with the following:
The investigation committee must give the investigated person and the complainant written notice of a decision under subsection 35(1), with reasons for the decision. The committee must also give the complainant written notice of any right to appeal the decision.
The complainant may appeal the following decisions of the investigation committee to the appeal committee:
(a) a dismissal of a complaint under clause 35(1)(c);
(b) a caution issued under clause 35(1)(e);
(c) a penalty imposed under clause 35(1)(f).
To make an appeal, the complainant must, within 30 days after receiving notice of a decision, give the registrar a written notice of appeal including the reasons for the appeal. The appeal is then to be dealt with under Part 10.1.
The investigation committee may publish the name of an investigated person who, under subsection 35(1), in response to a complaint,
(a) voluntarily withdraws from practice;
(b) has been formally cautioned; or
(c) agrees to a charge, conviction and penalty;
and a description of the circumstances relevant to the decision.
The investigation committee must publish the name of the investigated person and the charge if, under subsection 35(1), it directs that a charge be referred to the discipline committee.
The investigation committee may order an investigated person who, in response to a complaint, voluntarily withdraws from practice, is formally cautioned or agrees to a charge, conviction and penalty, to pay to the association all or part of
(a) the costs of investigating the person; and
(b) the costs of monitoring the person's compliance with the terms of the person's voluntary withdrawal or the terms of the charge, conviction and penalty.
The association may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.
Subsection 37(1) of the English version is amended by striking out "decision" and substituting "outcome" in the section heading.
Clause 38(1)(b) of the English version is amended by striking out "lay persons" and substituting "laypersons".
Clause 39(1)(a) of the English version is amended by striking out "lay person" and substituting "layperson".
Subsection 40(6) of the English version is amended by striking out "its reasons" and substituting "reasons for the order".
Clause 46(1)(b) is amended by striking out "professional engineer or professional geoscientist" and substituting "member, licensee, engineering intern or geoscience intern".
Subsection 46(3) is amended
(a) by striking out ", temporary licensee or specified scope of practice licensee" wherever it occurs and substituting "or licensee"; and
(b) by striking out "any other association of professional engineers or association of professional geoscientists" and substituting "a regulatory body of professional engineers or professional geoscientists of another jurisdiction".
Subsection 46(4) is amended by striking out "any other association of professional engineers or association of professional geoscientists" and substituting "a regulatory body of professional engineers or geoscientists of another jurisdiction".
Subsection 47(2) is amended by striking out "member" and substituting "investigated person".
Section 49 is replaced with the following:
Following the completion of a hearing, the discipline committee or any panel shall give the registrar
(a) a copy of any order made by it;
(b) written reasons for the order; and
(c) the record of the proceedings, consisting of all evidence presented before it, including all exhibits, documents and recordings.
Order given to investigated person and complainant
The registrar shall, on receiving the order, reasons and record, give a copy of the order and the reasons to the investigated person and the complainant.
The investigated person may examine the record of the proceedings before the discipline committee or panel and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given during the hearing.
Section 50 is amended by striking out "decision" and substituting "name and outcome" in the section heading.
Sections 51, 53 and 54 are repealed.
Section 55 is replaced with the following:
An investigated person or the association may appeal the following to The Court of Appeal:
(a) a finding that the conduct of the investigated person constitutes unskilled practice of professional engineering or professional geoscience, or professional misconduct, or both;
(b) a finding made under subsection 46(2) (neither unskilled practice nor professional misconduct);
(c) an order made under section 47 or 48.
An appeal may be commenced by filing a notice of appeal with The Court of Appeal within 30 days after the order of the discipline committee or panel is given to the investigated person. If the investigated person appeals the finding or order, the investigated person must promptly give a copy of the notice to the registrar.
An appeal must be based on the record of the proceedings before the discipline committee or panel and the reasons for the finding or order.
If part of the hearing was held in private, the association must seal the part of the record that relates to the private hearing.
Review of sealed record by Court
The part of the record that is sealed by the association under subsection (4) may be reviewed by The Court of Appeal, which may direct that it remain sealed or that it be unsealed in whole or in part.
Upon hearing the appeal, The Court of Appeal may
(a) dismiss the appeal;
(b) make any finding or order that in its opinion ought to have been made; or
(c) refer the matter back to the discipline committee or panel for further consideration in accordance with any direction of the Court.
The finding and any order of the discipline committee or panel remains in effect pending an appeal unless The Court of Appeal, on application, stays them pending the appeal.
The following is added after section 55:
PART 10.1
APPEALS
Appointment of appeal committee
In accordance with the by-laws, the council must appoint an appeal committee consisting of three or more members, and must name one of those members as chair and one or more as vice-chairs.
The council must appoint at least one layperson to the appeal committee.
The appeal committee is to sit in panels to hear and decide appeals of the following decisions:
(a) a decision of the registration committee to refuse to issue a certificate of registration, temporary licence or specified scope of practice licence under clause 20(1)(a);
(b) a decision of the registration committee to specify a scope of practice and impose restrictions in a specified scope of practice licence under clause 20(1)(b);
(c) a decision of the registration committee to refuse enrolment to an applicant as an engineering intern or a geoscience intern under clause 20(1)(c);
(d) a decision of the registrar to refuse to issue a certificate of registration or certificate of authorization under subsection 20(2);
(e) a decision of the investigation committee under clause 35(1)(c), (e) or (f).
Upon receiving a notice of appeal from the registrar for a matter described in subsection 55.1(3), the chair or vice-chair must select a panel from among the members of the appeal committee to hear the appeal, and appoint a member of the panel as its chair.
An appeal panel is to consist of three or more appeal committee members, at least 1/3 of whom must be laypersons.
Who cannot sit on the appeal panel
A person who has taken part in a decision or investigation related to the subject matter of the appeal must not be selected for the appeal panel.
A decision or action of an appeal panel is a decision or action of the appeal committee, and a reference in this Act to the appeal committee includes a panel of the committee.
For a matter described in clause 55.1(3)(a) to (d), the appeal panel must hold a hearing as soon as reasonably possible but not later than 90 days after receiving the notice of appeal from the registrar.
The appellant is entitled to make representations to the appeal panel at the hearing.
The appellant is entitled to appear at the hearing with or without counsel.
For a matter described in clause 55.1(3)(e), an appeal panel must allow the appellant and the investigation committee an opportunity to make written submissions, and may base its decision solely on its consideration of any submissions made.
The appeal panel may
(a) dismiss the appeal;
(b) make any decision that in its opinion ought to have been made by the registration committee, registrar or investigation committee; or
(c) refer the matter back to the registration committee, registrar or investigation committee for further consideration in accordance with any direction that the panel may give.
The registrar must give the appellant written notice of the appeal panel's decision and the reasons for it.
For a matter described in clauses 55.1(3)(a) to (d), an appellant may appeal a decision of an appeal panel to the court.
An appeal may be commenced by filing a notice of application in the court within 30 days after receiving notice of the appeal panel's decision. The appellant must promptly give a copy of the notice to the registrar.
Upon hearing an appeal, the court may
(a) dismiss the appeal;
(b) make any decision that in its opinion should have been made; or
(c) refer the matter back to the appeal committee for further consideration in accordance with any direction of the court.
Section 56 is amended by striking out "any temporary licensee, any specified scope of practice licensee" and substituting "any licensee".
Section 57 is amended
(a) in the part before clause (a), by striking out ", a temporary licensee, or a specified scope of practice licensee" and substituting "or a licensee"; and
(b) in clause (b), by striking out everything after "to lead any" and substituting "other person to believe that they are authorized to engage in the practice of professional engineering or professional geoscience within the province.".
Section 58 is replaced with the following:
Use of titles — professional engineers
No person, other than a professional engineer, shall use the title "professional engineer", "engineer" or "consulting engineer", a variation or abbreviation of those titles or an equivalent in another language in a manner that implies that they are a professional engineer or entitled to engage in the practice of professional engineering.
Use of titles — professional geoscientists
No person, other than a professional geoscientist, shall use the title "professional geoscientist", "geoscientist" or "consulting geoscientist", a variation or abbreviation of those titles or an equivalent in another language in a manner that implies that they are a professional geoscientist or entitled to engage in the practice of professional geoscience.
Despite subsections (1) and (2), a specified scope of practice licensee may use
(a) the title "engineering licensee", the abbreviated title "Eng. L." and the equivalent expression in another language; or
(b) the title "geoscience licensee", the abbreviated titled "Geo. L." and the equivalent expression in another language.
Despite subsections (1) and (2), an engineering intern may use the title "engineering intern", the abbreviation "EIT" and the equivalent expression in another language and a geoscience intern may use the title "geoscience intern", the abbreviation "GIT" and the equivalent expression in another language.
Exception — professional engineers and geoscientists
Subject to the by-laws, section 58 does not apply to a holder of a certificate of authorization if the holder's practice is carried on or supervised by a professional engineer or professional geoscientist.
Despite subsections 58(1) and (2), a holder of a certificate of authorization may
(a) use the term "engineering", or any other term or phrase prescribed in the by-laws, in its corporate or business name if the holder's practice of professional engineering is carried on or supervised by a specified scope of practice licensee; or
(b) use the term "geoscience", or any other term or phrase prescribed in the by-laws, in its corporate or business name if the holder's practice of professional geoscience is carried on or supervised by a specified scope of practice licensee.
Section 59 is amended
(a) by striking out "corporation, partnership or other legal entity" and substituting "other than a member or licensee,"; and
(b) by striking out "the services of a professional engineer or professional geoscientist" and substituting "the practice of professional engineering or professional geoscience".
Section 61 is amended by striking out "temporary licensee, specified scope of practice" wherever it occurs.
Clause 64(a) is amended by striking out "temporary licensee, specified scope of practice".
Subsection 66(1) is amended
(a) in clause (a), by striking out "professional engineer who" and substituting "member or licensee who is authorized under this Act to perform the work and";
(b) in clause (b), by striking out "training" and substituting "internship";
(c) in clause (c), by striking out "professional geoscientist who" and substituting "member or licensee who is authorized under this Act to perform the work and"; and
(d) in clause (d), by striking out "training" and substituting "internship".
Subsection 69(1) is amended by striking out "professional geoscientist" and substituting "member authorized to engage in the practice of professional geoscience".
In subsection (2), "former Act" means The Engineering and Geoscientific Professions Act as it read immediately before the coming into force of this section.
Transitional — pending appeals to council
A matter appealed to the council under subsection 21(1), 24(3), 36(1) or 53(1) of the former Act before the coming into force of this section must be concluded, including any appeal to the court, under the former Act as if this Act had not come into force.
CONSEQUENTIAL AMENDMENTS
The Groundwater and Water Well Act is amended by this section.
Section 1 is amended
(a) by repealing the definitions "professional engineer" and "professional geoscientist"; and
(b) by adding the following definitions:
"qualified engineer" means an individual authorized to engage in the practice of professional engineering under The Engineering and Geoscientific Professions Act; (« ingénieur qualifié »)
"qualified geoscientist" means an individual authorized to engage in the practice of professional geoscience under The Engineering and Geoscientific Professions Act; (« géoscientifique qualifié »)
Clause 6(c) is amended by striking out "professional engineer or professional geoscientist" and substituting "qualified engineer or qualified geoscientist".
Clause 3(3)(b) of The Land Surveyors Act is replaced with the following:
(b) the practice of professional engineering or geoscience by a person authorized under The Engineering and Geoscientific Professions Act;
Subsection 46(1) of The Provincial Railways Act is amended by striking out everything after "person who is" and substituting "authorized to engage in the practice of professional engineering under The Engineering and Geoscientific Professions Act."
Subsection 153(2) of The City of Winnipeg Charter is amended by striking out "a professional engineer or an architect" and substituting "a person".
COMING INTO FORCE
This Act comes into force on a day to be fixed by proclamation.