C.C.S.M. c. E120
The Engineering and Geoscientific Professions Act
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 |