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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 |