C.C.S.M. c. E120
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PART 1
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DEFINITIONS
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1
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| Definitions
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PART 2
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ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS
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2
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| Association continued
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3
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| Purposes of association
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4
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| Head office
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5
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| Membership
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6
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| Powers of association
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PART 3
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COUNCIL AND ELECTION OF COUNCILLORS
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7
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| Constitution of council
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8
| (1)
| Elected councillors
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| (2)
| Appointed councillors
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| (3)
| Time of appointment
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| (4)
| Effect of absence from meetings
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| (5)
| Filling vacancies
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9
| (1)
| Powers of council
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| (2)
| Delegation of authority
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10
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| Validity of council's acts
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PART 4
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CODE OF ETHICS AND BY-LAWS
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11
| (1)
| Establishment of code of ethics
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| (2)
| Application of code of ethics
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12
| (1)
| By-laws
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| (2)
| By-laws may delegate
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| (3)
| Policies and procedures
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| (4)
| Existing by-laws, policies and procedures
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PART 5
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ANNUAL AND SPECIAL MEETINGS
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13
| (1)
| Annual meeting
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| (2)
| Time and place
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| (3)
| Notice
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| (4)
| Special general meetings
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PART 6
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REGISTRATION, CERTIFICATION AND LICENCES
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14
| (1)
| Registration committee
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| (2)
| Criteria and standards
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15
| (1)
| Qualifications for membership
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| (2)
| Members of other associations
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| (3)
| Reinstatement
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16
| (1)
| Practice under certificate of authorization
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| (2)
| Qualifications for certificate of authorization
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| (2.1)
| Waiver of insurance requirement
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| (3)
| Continuance of certificate of authorization
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| (4)
| Information to be updated
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| (5)
| Responsibility for practice
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17
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| Qualifications for temporary licence
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18
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| Qualifications for specified scope of practice licence
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19
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| Qualifications for enrolment as an engineer-in-training or geoscientist-in-training
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20
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| Application not approved
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21
| (1)
| Appeal to council
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| (2)
| Deposit to accompany notice of appeal
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| (3)
| Hearing
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| (4)
| Notification of hearing
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| (5)
| Participation by member of registration committee
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| (6)
| Decision by council
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| (7)
| Application not approved by council
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22
| (1)
| Appeal to court
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| (2)
| Powers of court
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23
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| Deposit to be returned
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PART 7
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DUES
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24
| (1)
| Annual dues
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| (2)
| Penalty for non-payment
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| (3)
| Appeal
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| (4)
| Power on appeal
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PART 8
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SEAL
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25
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| Extended definitions
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26
| (1)
| Seal by members
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| (2)
| Ownership of seal
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| (3)
| Seal by temporary licensees
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| (4)
| Identification by holder of certificate of authorization
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| (5)
| Seal by specified scope of practice licensee
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PART 9
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REGISTER
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27
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| Register
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28
| (1)
| Certificate of registration
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| (2)
| Certificate of authorization
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| (3)
| Certificate of temporary licence
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| (4)
| Certificate of specified scope of practice licence
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| (5)
| Signing of certificates
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PART 10
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DISCIPLINE
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29
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| Extended definitions
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30
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| Investigation committee
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31
| (1)
| Complaints
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| (2)
| Investigation committee may initiate complaint
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| (3)
| Surrender of certificate does not affect discipline proceedings
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| (4)
| Complaints against former members
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32
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| Referral to investigation committee
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33
| (1)
| Investigated person to produce records
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| (2)
| Failure to produce records
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34
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| Investigated person not to communicate with complainant
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35
| (1)
| Decision of investigation committee
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| (2)
| Hearing not required
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36
| (1)
| Appeal by complainant to a committee of the council
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| (2)
| Appointment of committee of council
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| (3)
| Powers of committee of council
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| (4)
| Power on appeal
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37
| (1)
| Suspension pending decision
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| (2)
| Application for stay
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38
| (1)
| Discipline committee
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| (2)
| Members not to have taken part in investigation
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39
| (1)
| Hearing by discipline committee
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| (2)
| Powers of panel
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| (3)
| Right to appear and be represented
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| (4)
| Examination of documentary evidence
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40
| (1)
| Hearings open to public
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| (2)
| Exclusion of public
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| (3)
| Public information may be disclosed
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| (4)
| Exclusion of public during certain motions
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| (5)
| Orders with respect to matters in submissions
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| (6)
| Reasons for order to exclude public, etc., available to public
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| (7)
| Reconsidering of order to exclude public, etc.
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41
| (1)
| Evidence
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| (2)
| Power to administer oaths
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| (3)
| Recording of evidence
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42
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| Witnesses
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43
| (1)
| Notice to attend and produce records
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| (2)
| Registrar shall provide notices
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| (3)
| Witness fees
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44
| (1)
| Failure to attend or give evidence
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| (2)
| Failure by investigated person to attend
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45
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| Hearing in absence of investigated person
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46
| (1)
| Unskilled practice or professional misconduct
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| (2)
| Findings of discipline committee or panel
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| (3)
| Conviction in another jurisdiction
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| (4)
| Certificate of decision
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47
| (1)
| Orders of the panel
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| (2)
| Panel may consider cautions
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| (3)
| Ancillary orders
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| (4)
| Contravention of order
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48
| (1)
| Costs and fines
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| (2)
| Filing of order
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49
| (1)
| Written decision
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| (2)
| Decision forwarded to registrar
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| (3)
| Service of decision
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| (4)
| Copies of transcript
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50
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| Publication of decision
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51
| (1)
| Stay pending appeal to council
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| (2)
| Stay pending appeal to court
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52
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| Rules of practice and procedure
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53
| (1)
| Appeal to council
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| (2)
| Deposit to accompany notice of appeal
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| (3)
| Procedure
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| (4)
| Powers of council on appeal
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| (5)
| Costs
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54
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| Deposit may be returned
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55
| (1)
| Appeal to court
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| (2)
| Commencement of appeal
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| (3)
| Appeal on the record
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| (4)
| Powers of court on appeal
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PART 11
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NO ACTIONS AGAINST MEMBERS
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56
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| No action to lie
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PART 12
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PROHIBITIONS
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57
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| Prohibitions on practice
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58
| (1)
| Representation as a professional engineer or professional geoscientist
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| (2)
| Use of professional engineer or professional geoscientist in business name
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59
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| Prohibition on contracting with corporations and partnerships
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PART 13
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OFFENCES AND ENFORCEMENT
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60
| (1)
| Limitation on prosecutions
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| (2)
| Certificate of registrar
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61
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| Onus
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62
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| Practice proved by a single act
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63
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| Information
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64
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| Injunction
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65
| (1)
| Penalties
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| (2)
| Fines recovered belong to association
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PART 14
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EXCEPTIONS
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66
| (1)
| Activities that are not affected
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| (2)
| Definition of "practice of natural science"
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66.1
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| Prime consultant
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PART 15
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INTER-ASSOCIATION RELATIONS JOINT BOARDS
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67
| (1)
| Joint board with The Certified Technicians and Technologists Association of Manitoba Inc.
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| (2)
| Composition of board
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| (3)
| Rules of procedure
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| (4)
| Disputes
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68
| (1)
| Joint board with The Manitoba Association of Architects
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| (2)
| Composition of board
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| (3)
| Rules of procedure
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| (4)
| Disputes
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| (5)
| Determination to be implemented
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68.1
| (1)
| Grandfathering: professional engineers
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| (2)
| Joint board to establish criteria
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| (3)
| Conditions
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| (4)
| Chair to establish criteria if joint board does not
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| (5)
| Application to joint board
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| (6)
| Joint board to make determination and issue recognition certificate
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| (7)
| Chair to make determination if joint board does not
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| (8)
| Additional conditions
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| (9)
| Validity
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| (10)
| Revocation
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| (11)
| No fee
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| (12)
| Not a member of Manitoba Association of Architects
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PART 16
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TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE
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69
| (1)
| Transitional: membership
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| (2)
| Transitional: council
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| (3)
| Transitional: policies and procedures
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| (4)
| Geoscientists appointed to council
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70 to 74
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|
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75
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| Repeal
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76
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| C.C.S.M. reference
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77
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| Coming into force
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