Français   Site Map
 
This is an unofficial version.
This version is current as of April 18, 2014.
It has been in effect since December 5, 2013.

Go to an earlier version:

  — June 14, 2012 to December 4, 2013

  — November 30, 2005 to June 13, 2012

Earlier consolidated versions are not available online.

 

 

C.C.S.M. c. E120

The Engineering and Geoscientific Professions Act

(Assented to June 29, 1998)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

1           In this Act,

"association" means the Association of Professional Engineers and Geoscientists of the Province of Manitoba; (« Association »)

"by-laws" means by-laws of the association; (« règlements administratifs »)

"certificate of authorization" means the certificate issued under the seal of the association certifying that a partnership, corporation, or other legal entity is entitled to practice professional engineering or professional geoscience within the province through partners or employees who are members, temporary licensees or specified scope of practice licensees; (« certificat d'autorisation »)

"certificate of registration" means the certificate issued under the seal of the association certifying that a member is entitled to practice professional engineering or professional geoscience within the province; (« certificat d'inscription »)

"council" means the council of the association; (« conseil »)

"court" means the Court of Queen's Bench; (« tribunal »)

"engineer-in-training" means a natural person who has been enrolled by the association as an engineer-in-training and whose name is shown on the association's register of engineers-in-training; (« ingénieur en formation »)

"geoscientist-in-training" means a natural person who has been enrolled by the association as a geoscientist-in-training and whose name is shown on the association's register of geoscientists-in-training; (« géoscientifique en formation »)

"holder of a certificate of authorization" means a partnership, corporation or other legal entity other than a natural person that holds a valid and subsisting certificate of authorization; (« titulaire d'un certificat d'autorisation »)

"member" means a natural person who holds a valid and subsisting certificate of registration and whose name is entered on the register of the association as a professional engineer or professional geoscientist; (« membre »)

"person" means a natural person, partnership, corporation, unincorporated association, unincorporated organization, trustee, executor, administrator or other legal personal representative of a natural person; (« personne »)

"practice of professional engineering" means any act of planning, designing, composing, measuring, evaluating, inspecting, advising, reporting, directing or supervising, or managing any of the foregoing, that requires the application of engineering principles and that concerns the safeguarding of life, health, property, economic interests, the public interest or the environment; (« exercice de la profession d'ingénieur »)

"practice of professional geoscience" means any act of documenting, analysing, evaluating, interpreting or reporting on the earth's materials or on resources, forms or processes, or managing any of the foregoing, that requires the application of the principles of geology, geophysics or geochemistry and that concerns the safeguarding of life, health, property, economic interests, the public interest or the environment; (« exercice de la profession de géoscientifique »)

"president" means the president of the association; (« président »)

"professional engineer" means any natural person who holds a valid certificate of registration or temporary licence entitling him or her to practice as a professional engineer; (« ingénieur »)

"professional geoscientist" means any natural person who holds a valid temporary licence or certificate of registration entitling such person to practice as a professional geoscientist; (« géoscientifique »)

"public interest" means the well-being, convenience and concern of the public at large; (« intérêt public »)

"register" means the written, printed or computer readable document recording the name, status and disciplinary history of every current and former member, temporary licensee, holder of a certificate of authorization, specified scope of practice licensee, engineer-in-training and geoscientist-in-training; (« registre »)

"registrar" means the registrar of the association; (« registraire »)

"secretary" means the secretary-treasurer of the association; (« secrétaire »)

"specified scope of practice licence" means the certificate issued under the seal of the association to a natural person certifying that the holder has been licensed to practice professional engineering or professional geoscience within the scope, and subject to the restrictions, specified in the specified scope of practice licence; (« permis d'exercice limité »)

"student" means a natural person who is registered in an accredited engineering or geoscience program at a Manitoba university, who has been enrolled by the association as a student and whose name is entered on the association's register of students; (« étudiant »)

"temporary licence" means the certificate issued under the seal of the association certifying that a non-resident natural person has been licensed to temporarily practice professional engineering or professional geoscience within the province; (« permis temporaire »)

"temporary licensee" means a natural person who holds a valid and subsisting temporary licence. (« titulaire d'un permis temporaire »)

PART 2

ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS

Association continued

2           The Association of Professional Engineers of the Province of Manitoba is continued as a body corporate under the name "Association of Professional Engineers and Geoscientists of the Province of Manitoba".

Purposes of association

3           The purposes of the association are to

(a) govern and regulate the practice of professional engineering and professional geoscience in Manitoba;

(b) promote and increase, by all lawful means and in the public interest, the knowledge, skill and competency of its members and students in all things relating to the professions of engineering and geoscience; and

(c) advocate where the public interest is at risk.

S.M. 2004, c. 38, s. 2.

Head office

4           The head office of the association shall be in the Province of Manitoba.

Membership

5           The membership of the association shall consist of the persons who hold valid and subsisting certificates of registration and whose names are, from time to time, entered on the register of the association as professional engineers or as professional geoscientists.

Powers of association

6           The association may

(a) in furtherance of its purposes, acquire real or personal property by purchase, lease, gift, devise, bequest or otherwise, and dispose of that property by sale, mortgage, lease, gift or otherwise;

(b) invest any moneys belonging to it in investments and securities as though the association were a trustee for the money; and

(c) borrow money for the purposes of the association and mortgage or charge property of the association as security for the money so borrowed.

S.M. 2004, c. 38, s. 3.

PART 3

COUNCIL AND ELECTION OF COUNCILLORS

Constitution of council

7           There shall be a council of the association consisting of

(a) the president, if not included in the councillors elected under clause (d);

(b) the vice-president;

(c) the immediate past president if not included in the councillors elected under clause (d);

(d) not fewer than seven councillors, comprising both professional engineers and professional geoscientists, elected as provided for hereinafter or by by-law; and

(e) not fewer than two councillors who are resident within the province and are not professional engineers or professional geoscientists, appointed as hereinafter provided.

Elected councillors

8(1)        Each elected councillor shall be a resident of Manitoba elected from among the members for a term of two years, or portion thereof as prescribed by the by-laws, and any councillor may be re-elected for a second and third term, but is not eligible for election for a fourth or subsequent term until at least one term has elapsed after the expiry of the last previous term of office as councillor.

Appointed councillors

8(2)        Appointed councillors shall be residents of Manitoba appointed by a committee composed of

(a) the dean of the faculty of engineering at the University of Manitoba;

(b) the immediate past-president of the association, who shall serve as chair of the committee;

(c) the provincial ombudsman; and

(d) the minister appointed by the Lieutenant Governor in Council to administer The Labour Relations Act;

and each shall be appointed for a term of two years and may be re-appointed for a second or third term as councillor, but is not eligible to be appointed for a fourth or subsequent term of office as a councillor unless at least one term has elapsed since the expiry of the last previous term of office as councillor.

Time of appointment

8(3)        The committee described in subsection (2) shall, at least one week before the day set for the election of elected councillors in any year, meet and appoint the required number of appointed councillors for the ensuing term.

Effect of absence from meetings

8(4)        Where a councillor fails to attend three successive regular meetings of the council, he or she thereupon ceases to be a councillor, unless the absence has been excused by resolution of the council.

Filling vacancies

8(5)        In case of a vacancy on the council caused by the death, resignation, removal under subsection (4) or resulting from any other cause,

(a) if the councillor whose position is to be filled was a councillor elected under subsection (1), such vacancy will be filled in accordance with the by-laws of the association; and

(b) if the councillor whose position is to be filled was a councillor appointed under subsection (2), a meeting of the committee referred to in such subsection shall be convened and a replacement councillor appointed to fill the vacancy.

S.M. 2001, c. 43, s. 42; S.M. 2012, c. 40, s. 57; S.M. 2013, c. 54, s. 30.

Powers of council

9(1)        The council shall exercise, in the name and on behalf of the association, any and all of the powers, authority and privileges conferred on the association by this Act or any other Act and, without restricting the generality of the foregoing, the council

(a) shall govern the association and administer its affairs; and

(b) may provide for the appointment of committees and appoint councillors, members of the association or other persons to the committees, and confer upon the committees so appointed power and authority to act for the council in, and in relation to, such matters as it may deem expedient and, fix the quorum of the committees for the transaction of their business.

Delegation of authority

9(2)        The council may delegate to a committee any power, authority or duty granted to or imposed upon the council under this Act, including, without limiting the generality of the foregoing, the powers, authority and duties granted to or imposed upon the council under Part 10, and where a committee exercises any power or authority or performs any duty delegated to it under this subsection, the provisions of this Act apply mutatis mutandis to any act or decision of the committee as though it was the act or decision of the council.

Validity of council's acts

10          Notwithstanding that there may be some cause for disqualification or some defect in the election or appointment of any councillor or councillors, all acts of council or any committee shall be as valid as if all had been regularly elected or appointed and were at all times qualified to act.

PART 4

CODE OF ETHICS AND BY-LAWS

Establishment of code of ethics

11(1)       The council shall prepare and publish from time to time a code of ethics containing standards of conduct pertaining to the practice of professional engineering and of professional geoscience designed for the protection of the public.

Application of code of ethics

11(2)       All members, temporary licensees, holders of certificates of authorization, engineers-in-training, geoscientists-in-training and specified scope of practice licensees shall subscribe to and shall follow this code of ethics in the practice of professional engineering or the practice of professional geoscience.

By-laws

12(1)       The association may make, vary or revoke by-laws not inconsistent with this Act

(a) respecting the management of the business and affairs of the association and its property, including the location of the head office of the association, and the appointment of the secretary, registrar and other staff, the delegation of powers and authority to the secretary, registrar and staff and the setting of their duties and remuneration;

(b) respecting the election of members of the association to council and the filling of vacancies;

(c) regulating the meetings and proceedings of the association and the council and all matters pertaining thereto;

(d) providing for the establishment, dissolution and administration of chapters, regional groups and ancillary bodies and the delegation to them of those powers and authority as the council sees fit;

(e) providing for the establishment of standards and qualifications for enrolment as an engineer-in-training or a geoscientist-in-training;

(f) respecting the establishment of programs of training for an engineer-in-training or a geoscientist-in-training;

(g) respecting the qualification and examination of candidates for registration as professional engineers or as professional geoscientists;

(h) respecting the amounts and terms relating to the posting of cash deposits by persons appealing any decision of the registration committee;

(i) providing for the establishment of standards and qualifications to be met and maintained by temporary licensees and specified scope of practice licensees;

(j) respecting the establishment and maintenance of standards of professional practice and of compulsory continuing development programs for members, temporary licensees, engineers-in-training, geoscientists-in-training and specified scope of practice licensees;

(k) respecting the establishment of procedures for monitoring participation in compulsory continuing development programs by members, temporary licensees, engineers-in-training, geoscientists-in-training and specified scope of practice licensees;

(l) prescribing fines and penalties for failure to participate in compulsory continuing development programs;

(m) establishing classifications of membership and providing for the enrollment and registration of students by the association;

(n) establishing fees and dues to be paid by members, holders of certificates of authorization, temporary licensees, specified scope of practice licensees, engineers-in-training, geoscientists-in-training and applicants to the association;

(o) respecting the election of officers of the association;

(p) respecting the appointment and remuneration of and defining the duties of the officers, councillors, committees, and employees of the association;

(q) prescribing fines and penalties for default in payment of fees and dues and terms of re-admission to the privileges of the association;

(r) respecting the government and discipline of members, holders of certificates of authorization, temporary licensees, specified scope of practice licensees, engineers-in-training and geoscientists-in-training including, but not limited to, the reprimand, temporary suspension, indefinite suspension, acceptance of undertakings, imposing of conditions on practice, directing additional study, directing that a disability or addiction be overcome, directing counselling, directing waiver, reduction or repayment of monies, imposition of fines and cancellation of membership, licensing or enrolment of members, holders of certificates of authorization, temporary licensees, specified scope of practice licensees, engineers-in-training and geoscientists-in-training found to be guilty of professional misconduct or unskilled practice of professional engineering or professional geoscience, but subject to any right of appeal given by this Act;

(s) respecting the establishment and maintenance of the standards of professional conduct and ethics by members, holders of certificates of authorization, temporary licensees, specified scope of practice licensees, engineers-in-training and geoscientists-in-training;

(t) respecting the procedures for dealing with complaints against members, holders of certificates of authorization, temporary licensees, specified scope of practice licensees, engineers-in-training and geoscientists-in-training;

(u) respecting the appointment of persons to the investigation committee and the regulation of meetings and proceedings of the investigation committee;

(v) respecting the appointment of persons to the discipline committee and the regulation of meetings and proceedings of the discipline committee;

(w) prescribing the circumstances and manner in which members, temporary licensees, engineers-in-training, geoscientists-in-training, specified scope of practice licensees and certificate holders must disclose that errors and omissions insurance is not held or is not applicable;

(x) prescribing a schedule of suggested professional charges and salaries;

(y) regulating the group practice of professional engineering and of professional geoscience;

(z) providing for the electronic validation or sealing and manual impression of the seal on engineering documents;

(z.1) establishing and governing bursaries, loans, awards and other educational incentives or programs related to engineering and geoscience;

(z.2) respecting providing financial or other assistance to persons for the purpose of furthering the public interest;

(z.3) respecting public risk advocacy by the association;

(z.4) regulating the association's participation with others having purposes consistent with those of the association;

(aa) respecting any other matters necessary in the administration of this Act, or in the management and operation of the association.

By-laws may delegate

12(2)       All by-laws may delegate to the council the authority to define specific details through policies and procedures.

Policies and procedures

12(3)       The council may establish operating policies and procedures not inconsistent with this Act or with any by-law of the Association

(a) providing specific requirements for any aspect of the processes of governing, regulating or advancing the practice of professional engineering or the practice of professional geoscience in the public interest in the Province of Manitoba;

(b) providing details of the processes to be followed in implementing the requirements of this Act, the by-laws of the association or any policy established by council; and

(c) providing any other specific information required for the orderly and efficient conduct of the work of the association.

Existing by-laws, policies and procedures

12(4)       The by-laws of the association and the policies and procedures of council which are in force on the coming into force of this Act continue in force until they are repealed or amended in accordance with this Act.

S.M. 2004, c. 38, s. 4.

PART 5

ANNUAL AND SPECIAL MEETINGS

Annual meeting

13(1)       The association shall hold an annual general meeting of the members once in each year.

Time and place

13(2)       The annual general meeting of the members shall be held at such time and place as may be established by by-law.

Notice

13(3)       The notice of the time and place of the annual general meeting of the members shall be given in a manner provided by the by-laws.

Special general meetings

13(4)       The association may hold other general or special meetings of the members as provided by the by-laws.

PART 6

REGISTRATION, CERTIFICATION AND LICENCES

Registration committee

14(1)       The council shall, in accordance with the by-laws, appoint a registration committee to consider and decide upon applications for certificates of registration, certificates of authorization, temporary licences, specified scope of practice licences and enrolment as engineers-in-training or geoscientists-in-training.

Criteria and standards

14(2)        The council shall establish criteria and standards to be used by the registration committee in

(a) assessing the academic qualifications and engineering work experience;

(b) prescribing confirmatory, exploratory, proficiency and qualifying examinations; and

(c) setting such other requirements as are not inconsistent with this Act and by-laws;

for applicants for certificates of registration, certificates of authorization, temporary licences, specified scope of practice licences and enrolment as engineers-in-training or geoscientists-in-training.

Qualifications for membership

15(1)       No person is entitled to be registered as a professional engineer or as a professional geoscientist, unless the person submits to the registration committee an application in the prescribed form and evidence that the applicant

(a) is a natural person at least 18 years of age;

(b) is academically qualified;

(c) has acquired sufficient relevant professional engineering work experience or relevant professional geoscientific work experience;

(d) has successfully completed an approved program for engineers-in-training or geoscientists-in-training or is otherwise qualified;

(e) has subscribed to and agreed to abide by the code of ethics of the association;

(f) has made payment of the dues and fees prescribed by the by-laws; and

(g) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws.

Members of other associations

15(2)       Documented membership in good standing in an association of engineers and/or professional geoscientists in any other jurisdiction may be accepted by the registration committee as satisfying the requirements of clauses (1)(a), (b) and (c).

Reinstatement

15(3)       The council upon such grounds as it may deem sufficient and upon such terms as it may deem proper, may reinstate a former member whose registration has been cancelled under subsection 47(1).

Practice under certificate of authorization

16(1)       A partnership, corporation or other legal entity may, in its own name, practice professional engineering or professional geoscience if

(a) it has the legal capacity to engage in the practice of professional engineering or professional geoscience;

(b) the practice of professional engineering or professional geoscience is carried on by or under the direct personal supervision of a professional engineer or professional geoscientist, as the case may be, who assumes professional responsibility for the practice and who is a member, shareholder or permanent employee of the partnership, corporation or other entity;

(c) the practice of professional engineering or professional geoscience is subject to the same standards of professional conduct as if the practice of professional engineering or professional geoscience were provided by a member or temporary licensee of the association; and

(d) such practice will not give rise to unauthorized practice or otherwise lead to circumvention of this Act;

provided that such partnership, corporation or other legal entity, at the time it conducts the practice of professional engineering or professional geoscience, is the holder of a valid and subsisting certificate of authorization.

Qualifications for certificate of authorization

16(2)       No person is entitled to hold a certificate of authorization, unless such person

(a) is a partnership, corporation or other legal entity other than a natural person;

(b) submits to the registrar an application in the prescribed form containing

(i) evidence of the legal status of the partnership, corporation or other entity,

(ii) the name or names and addresses of the members or temporary licensees who are designated by the holder of the certificate of authorization as being in charge of the practice of professional engineering or of professional geoscience on its behalf,

(iii) the identity of the person or persons whose responsibility it will be to ensure that this Act and the by-laws are complied with by the holder of the certificate of authorization, and

(iv) the address of its head office and any office in which the practice of professional engineering and/or the practice of professional geoscience in Manitoba will be carried out;

(c) pays such fees or dues as are prescribed by the by-laws;

(d) submits evidence of agreement to abide by the code of ethics prescribed by the by-laws;

(e) complies with such requirements as the council, taking into account the public interest, may establish from time to time respecting

(i) the amounts, terms and conditions of professional liability insurance coverage to be maintained by a partnership, corporation or other legal entity,

(ii) alternatives to professional liability insurance coverage for a partnership, corporation or other legal entity that provide coverage which is substantially the same or greater than that which would be provided by professional liability insurance for the legal entity, and

(iii) disclosure of the nature and extent of professional liability insurance coverage or any alternative to such coverage maintained by a partnership, corporation or other legal entity, or one or more of its partners, employees or members,

and provides evidence of compliance as required by the council; and

(f) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws.

Waiver of insurance requirement

16(2.1)     Notwithstanding clause (2)(e), after taking into account the public interest, the council may waive the requirement to maintain professional liability insurance coverage for a partnership, corporation or other legal entity that undertakes to restrict its practice to providing professional geoscience services to the mining exploration industry.

Continuance of certificate of authorization

16(3)       The holder of a certificate of authorization shall, whenever there is a change in the particulars given in its application under subclause (2)(b)(i), (ii) or (iii), give notice of the change to the registrar within thirty days after the effective date of the change, and if the holder of a certificate of authorization fails to comply with the above, the certificate may be revoked by the registrar and the partnership, corporation, or other legal entity shall not practise professional engineering or professional geoscience until a new certificate of authorization is issued.

Information to be updated

16(4)       The holder of a certificate of authorization shall provide to the registrar a current list of the information required under subclauses (2)(b)(ii) and (iii) at least annually in the manner prescribed in accordance with the by-laws.

Responsibility for practice

16(5)       Each member and licensee whose name is shown on the application pursuant to subclause (2)(b)(ii) or any notice of change thereof given to the association under subsection (3) shall be obliged to respond, on behalf of the holder of the certificate of authorization, to any complaint of misconduct against, or any breach of this Act or the by-laws by, the holder of the certificate of authorization as if the act or omission complained of or the breach was done or omitted to be done, as the case may be, by such member or licensee.

S.M. 2002, c. 9, s. 2; S.M. 2005, c. 48, s. 19.

Qualifications for temporary licence

17          A licence to engage temporarily in the practice of professional engineering or the practice of professional geoscience within the province may be granted if the applicant

(a) is a professional engineer or professional geoscientist residing outside the province; and

(b) is otherwise considered by the registration committee to be qualified to practice professional engineering or professional geoscience within the province.

Qualifications for specified scope of practice licence

18          A specified scope of practice licence to engage in the practise of professional engineering or the practice of professional geoscience within the province, and within the scope and subject to the restrictions specified in such practice licence, may be granted if the applicant

(a) is a natural person at least 18 years of age;

(b) submits evidence to the registration committee that the applicant meets such requirements as the council may from time to time prescribe for such class of applicant;

(c) submits evidence to the registration committee that the applicant has subscribed to and agreed to abide by the code of ethics of the association;

(d) pays the dues and fees prescribed by the by-law; and

(e) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws.

Qualifications for enrolment as an engineer-in-training or geoscientist-in-training

19          An applicant may be enrolled as an engineer-in-training or a geoscientist-in-training if the applicant

(a) is a natural person at least 18 years of age;

(b) submits evidence to the registration committee that the applicant is academically qualified;

(c) submits evidence to the registration committee that the applicant has agreed to abide by the code of ethics of the association;

(d) pays the dues and fees prescribed by the by-laws; and

(e) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws.

Application not approved

20          If the registration committee does not approve an application for a certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training, it shall give notice to the applicant in writing, with reasons for its decision, and shall advise the applicant of the applicant's right to appeal the decision of the registration committee to the council.

Appeal to council

21(1)       A person whose application for a certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training is not approved by the registration committee may, by notice in writing within 30 days of receipt of a notice of refusal, appeal the decision of the registration committee to the council, specifying the reasons for the appeal.

Deposit to accompany notice of appeal

21(2)       Each notice of appeal shall be accompanied by a cash deposit in such amount as may be prescribed in the by-laws, but not to exceed $1,000.

Hearing

21(3)       On receipt of a notice of appeal under this section, accompanied by a cash deposit, the council shall schedule a hearing of the applicant's appeal to be held within 90 days after receipt of the notice of appeal by the council.

Notification of hearing

21(4)       An applicant who appeals a decision of the registration committee under this section

(a) shall be given notice in writing by the council of the date, place and time of the hearing; and

(b) is entitled to appear with or without counsel and make representations to the council at the hearing.

Participation by member of registration committee

21(5)       A member of the registration committee who is also a member of the council may participate in the appeal but shall not vote on a decision under this section.

Decision by council

21(6)       On considering an appeal under this section, the council may make any decision the registration committee could have made and shall give notice of its decision to the applicant in writing.

Application not approved by council

21(7)       A person whose appeal is refused by the council shall be given, together with the notice referred to in subsection (6) hereof, reasons for council's decision and shall be advised of the applicant's right to appeal the decision of the council to the court.

Appeal to court

22(1)       A person whose application for a certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training is refused by the council may appeal the decision to the court by filing a notice of appeal within 30 days of receipt of a notice of refusal.

Powers of court

22(2)       The court on hearing an appeal may

(a) make any decision that in its opinion should have been made; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the court.

Deposit to be returned

23          The deposit shall be returned to the applicant at the conclusion of any appeal process unless the council or the court orders that the deposit be forfeited in whole or in part, as it sees fit.

PART 7

DUES

Annual dues

24(1)       Each member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training and geoscientist-in-training shall pay in advance to the secretary, or any person deputed by the council to receive the dues, such annual dues as may be prescribed by the by-laws of the association and the dues are a debt due by the member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training and geoscientist-in-training and are recoverable by the association in any court of competent jurisdiction.

Penalty for non-payment

24(2)       Where a member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training omits to pay the prescribed annual dues within three months of the day upon which payment becomes due, the registrar shall cause the name of the member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training to be removed from the register but, at any time thereafter, upon complying with the by-laws relative thereto, the member or holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training is entitled to make application to be reinstated.

Appeal

24(3)       Notwithstanding the provisions of subsection (2), any member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training, or geoscientist-in-training whose name has been removed from the register, may by notice in writing to the registrar, appeal such action to the council.

Power on appeal

24(4)       On an appeal under this section, the council may confirm or reverse the removal from the register, or reinstate the registration of the member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training, or geoscientist-in-training upon such terms as in the opinion of the council are appropriate.

PART 8

SEAL

Extended definitions

25          In this Part,

"electronic seal" means the form of identification issued by the association to any member to be used in the electronic validation of documents in computer readable form; (« sceau électronique »)

"manual seal" means the form of identification issued by the association to any member containing the name of the member and the words "Registered Professional Engineer, Province of Manitoba" or "Registered Professional Geoscientist, Province of Manitoba"as the case may be, to be manually impressed onto physical documents; (« sceau manuel »)

"seal" means either an electronic seal or a manual seal. (« sceau »)

Seal by members

26(1)       Every member shall be issued an electronic seal, a manual seal or both an electronic seal and a manual seal and the member shall validate or impress his or her seal, as prescribed by the by-laws, on every engineering or geoscientific estimate, specification, report, working drawing, plan and other engineering document issued by the member.

Ownership of seal

26(2)       Each seal issued by the association shall remain the property of the association and shall be returned to the registrar upon the suspension or cancellation of registration or removal from the register for any reason.

Seal by temporary licensees

26(3)       Every temporary licensee shall validate or impress on every engineering or geoscientific estimate, specification, report, working drawing, plan and other document issued by the temporary licensee the seal issued to him or her by the association of which the temporary licensee is a member and comply with such other requirements as may be prescribed by the by-laws of the association.

Identification by holder of certificate of authorization

26(4)       Where the practice of professional engineering or the practice of professional geoscience is carried out under a certificate of authorization, a form of identification of the holder of the certificate, as prescribed by the by-laws, shall appear in the vicinity of the professional engineer's seal or professional geoscientist's seal on each engineering or geoscience estimate, specification, working drawing, plan or other engineering or geoscientific document issued by the holder of a certificate of authorization.

Seal by specified scope of practice licensee

26(5)       Every specified scope of practice licensee shall be issued an electronic seal, a manual seal or both an electronic seal and a manual seal and the specified scope of practice licensee shall validate or impress his or her seal, as prescribed by the by-laws, on every estimate, specification, report, working drawing, plan and other engineering or geoscientific document issued by the licensee.

PART 9

REGISTER

Register

27          The registrar shall keep the register or cause it to be kept.

Certificate of registration

28(1)       The registrar shall issue or cause to be issued to each member a certificate of registration.

Certificate of authorization

28(2)       The registrar shall issue or cause to be issued to each partnership, corporation or other legal entity to whom the council has granted authorization, a certificate of authorization.

Certificate of temporary licence

28(3)       The registrar shall issue or cause to be issued, to each natural person to whom the council shall direct, a temporary licence.

Certificate of specified scope of practice licence

28(4)       The registrar shall issue or cause to be issued, to each natural person to whom the council shall direct, a specified scope of practice licence.

Signing of certificates

28(5)       Each certificate issued under this section shall be signed by the president, or any other person appointed by the council, and the registrar under the seal of the association, and shall remain the property of the association and shall be returned to the association upon the suspension or cancellation or removal from the register of the registration, licence, or certificate of authorization.

PART 10

DISCIPLINE

Extended definitions

29          In this Part,

"conduct" includes an act or omission; (« conduite »)

"investigated person" means

(a) a member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training, or

(b) in a case to which subsection 31(3) or 31(4) applies, a former member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training,

in respect of whose conduct a complaint has been received, an investigation is conducted or a hearing is held under this Part; (« personne visée par l'enquête »)

"lay person" means a natural person who is not and never has been a member, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training; (« profane »)

"panel" means a panel of the discipline committee selected under clause 39(1)(a). (« sous-comité »)

Investigation committee

30          The council shall, in accordance with the by-laws, appoint an investigation committee of not fewer than five natural persons consisting of

(a) a chair appointed by the council;

(b) a lay person who shall report to the council on the practices and procedures followed by the investigation committee; and

(c) not fewer than three members of the association, who are not members of the council or the discipline committee.

Complaints

31(1)       Any person may make a complaint in writing to the registrar about the conduct of a current or former member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training and the complaint shall be dealt with in accordance with this part and the by-laws.

Investigation committee may initiate complaint

31(2)       The investigation committee may initiate an investigation and following such investigation may cause a complaint to be filed with the registrar.

Surrender of certificate does not affect discipline proceedings

31(3)       If, after any complaint is made, the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of any person who is the subject of a complaint is surrendered, suspended, cancelled or not renewed, the complaint may, notwithstanding the surrender, suspension, cancellation or failure to renew, be the subject of a decision under subsection 35(1) within two years following the date of the surrender, suspension, cancellation or failure to renew, as if the surrender, suspension, cancellation or failure to renew had not occurred.

Complaints against former members

31(4)       If, after any person's certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training is surrendered, suspended, cancelled or not renewed,

(a) a complaint is made about such person; and

(b) the complaint relates to conduct occurring before the suspension, cancellation or failure to renew occurred;

the complaint may, notwithstanding the surrender, suspension, cancellation or failure to renew, be the subject of a decision under subsection 35(1) within two years following the date of receipt of the complaint as if the surrender, suspension, cancellation or failure to renew had not occurred.

Referral to investigation committee

32          The registrar shall

(a) if a complaint is made under section 31; or

(b) if the registrar has reason to believe that the conduct of any member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training constitutes or may constitute unskilled practice of professional engineering or professional geoscience or professional misconduct;

refer the matter to the investigation committee.

Investigated person to produce records

33(1)       Any person, the investigation committee or sub-committee conducting an investigation may require the investigated person

(a) to produce, within 10 days of receipt of the person or committee's request, any records in the possession of or under the control of the investigated person; and

(b) to attend at the investigation and provide such information as the person or sub-committee may require to assess the complaint.

Failure to produce records

33(2)       The association may apply ex parte to the court for an order

(a) directing the investigated person to produce to the person, investigation committee or sub-committee conducting an investigation any records in his or her possession or under his or her control, if it is shown that the investigated person failed to produce them when required by the person, investigation committee, or sub-committee conducting the investigation; or

(b) directing any person to produce to the person, investigation committee or sub-committee conducting an investigation any records that are or may be relevant to the complaint being investigated.

Investigated person not to communicate with complainant

34          Upon being notified that a complaint has been received by the association, the investigated person shall not communicate with the complainant regarding the complaint, without the prior consent of the investigation committee until all proceedings hereunder, including appeals, have been concluded.

Decision of investigation committee

35(1)       The investigation committee may, after review or investigation, take one or more of the following actions:

(a) postpone its decision pending the completion of any civil or criminal proceedings arising from the conduct giving rise to the complaint;

(b) formulate a charge setting out the particulars of the complaint and direct that the charge be referred to the discipline committee;

(c) direct that the complaint be dismissed;

(d) accept the voluntary withdrawal by the investigated person of his or her right to practise professional engineering or professional geoscience or his or her enrolment as an engineer-in-training or geoscientist-in-training;

(e) issue a formal, written caution to the investigated person censuring his or her conduct;

(f) with the written consent of the investigated person, formulate a charge, register a conviction and impose any penalty that the discipline committee could have imposed.

Hearing not required

35(2)       The investigation committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision, formulating a charge or giving a direction under this section, except that the committee shall not issue a caution under clause (1)(e) without first meeting with the investigated person.

Appeal by complainant to a committee of the council

36(1)       A complainant who is served with a notice of the decision of the investigation committee directing that the complaint be dismissed may, by notice in writing to the registrar, mailed within 30 days of receipt of such notice appeal that direction to a committee appointed under subsection (2).

Appointment of committee of council

36(2)       Upon receipt of a notice of appeal from the complainant under this section the president shall

(a) select a committee consisting of no more than three members of the council, one of whom shall be a lay person, none of whom shall be members of the investigation committee or the discipline committee; and

(b) select a member of the committee to serve as chair of the committee.

Powers of committee of council

36(3)       Where a committee is selected to consider any appeal by a complainant, the committee has all the authority and powers of the council in respect of such appeals.

Power on appeal

36(4)       On an appeal under this section, the committee shall do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the investigation committee;

(b) quash, vary or confirm the decision of the investigation committee;

(c) refer the matter back to the investigation committee for further consideration in accordance with any direction that the committee may make.

Suspension pending decision

37(1)       Notwithstanding anything in this Act the investigation committee may, when there is a question of serious risk to the public, suspend the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of the investigated person pending the outcome of proceedings under this part.

Application for stay

37(2)       The investigated person may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the investigation committee under subsection (1).

Discipline committee

38(1)       The council shall, in accordance with the by-laws, appoint a discipline committee of not fewer than 10 natural persons consisting of

(a) a chair appointed by the council;

(b) three lay persons; and

(c) six members of the association representing various disciplines of engineering and geoscience who are not members of the council.

Members not to have taken part in investigation

38(2)       No person who is a member of the investigation committee or who otherwise has personal knowledge of the matter which is the subject of the complaint shall be a member of the discipline committee.

Hearing by discipline committee

39(1)       On referral of a charge to the discipline committee the chair of the discipline committee shall

(a) select a panel consisting of no fewer than three members of the discipline committee, one of whom shall be a lay person;

(b) select a member of the panel to serve as chair of the panel; and

(c) set a date, time and place for a hearing on the charge.

Powers of panel

39(2)       Where a panel is selected to conduct the hearing on any charge, the panel has all the authority and powers of the discipline committee.

Right to appear and be represented

39(3)       The Association and the investigated person may appear and be represented by counsel at a hearing before the discipline committee or a panel thereof.

Examination of documentary evidence

39(4)       An investigated person shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Hearings open to public

40(1)       A hearing of the disciplinary committee or any panel shall be open to the public unless the panel is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or

(d) the safety of a person may be jeopardised.

Exclusion of public

40(2)       If subsection (1) does not require a hearing to be open to the public, the panel may make an order that the public be excluded from the hearing, or any part of it, and it may make other orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.

Public information may be disclosed

40(3)       No order shall be made under subsection (2) that prevents the publication of anything that is contained in the register and available to the public.

Exclusion of public during certain motions

40(4)       The panel may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

40(5)       The panel may make any order necessary to prevent the public disclosure of matters disclosed in the submissions relating to any motion described in subsection (4), including prohibiting the publication or broadcasting of those matters.

Reasons for order to exclude public, etc., available to public

40(6)       The panel shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order to exclude public, etc.

40(7)       The panel may reconsider an order made under subsection (2) at the request of any person or on its own motion.

Evidence

41(1)       At a hearing of the discipline committee or any panel the oral evidence of witnesses shall be taken on oath and there shall be a full right to cross-examine witnesses and call evidence in defence and reply.

Power to administer oaths

41(2)       For the purpose of an investigation or hearing under this Act, the registrar, the chair of the investigation committee, the chair of the discipline committee, and the chair of any panel have power to administer oaths and affirmations.

Recording of evidence

41(3)       The oral evidence given at a hearing of the discipline committee or any panel shall be recorded.

Witnesses

42          The investigated person and any other person who, in the opinion of the discipline committee or any panel, has knowledge of the complaint or any matter relating to the charge are compellable witnesses in any proceeding under this part.

Notice to attend and produce records

43(1)       The attendance of witnesses before the discipline committee or any panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar shall provide notices

43(2)       On the written request of the investigated person or the person's counsel or agent, the registrar shall provide any notices that the person requires for the attendance of witnesses or the production of records.

Witness fees

43(3)       A witness, other than the investigated person, who has been served with a notice to attend or a notice for production under subsection (1) is entitled to be paid such witness fees as may be decided by the council from time to time.

Failure to attend or give evidence

44(1)       Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before the discipline committee or any panel in compliance with a notice to attend;

(b) who fails to produce any records in compliance with a notice to produce them; or

(c) who refuses to be sworn or to answer any question he or she is directed to answer by the panel.

Failure by investigated person to attend

44(2)       If the witness referred to in subsection (1) is the investigated person, the failure or refusal to attend may be held to be professional misconduct.

Hearing in absence of investigated person

45          The panel, on proof of service on the investigated person of the notice of hearing, may

(a) proceed with the hearing in the absence of the investigated person or the person's agent; and

(b) act, decide or report on the matter being heard in the same way as if the investigated person were in attendance.

Unskilled practice or professional misconduct

46(1)       Conduct of an investigated person that in the opinion of the panel

(a) is detrimental to the public interest;

(b) is conduct unbecoming a professional engineer or professional geoscientist;

(c) is misconduct in the practice of professional engineering or professional geoscience;

(d) contravenes this Act or the by-laws or the code of ethics adopted under section 11;

(e) displays a lack of knowledge of or lack of skill or judgment in the practice of professional engineering or professional geoscience; or

(f) demonstrates incapacity or unfitness to practise professional engineering or professional geoscience or demonstrates that the person is suffering from an ailment that might, if the person is allowed to continue to practise professional engineering or professional geoscience, constitute a danger to the public;

constitutes either unskilled practice of professional engineering or professional geoscience or professional misconduct, or both, as the panel finds.

Findings of discipline committee or panel

46(2)       The discipline committee or any panel may find that the conduct of an investigated person constitutes neither unskilled practice of professional engineering or professional geoscience nor professional misconduct.

Conviction in another jurisdiction

46(3)       Where any member, holder of a certificate of authorization, temporary licensee or specified scope of practice licensee is the subject of an order of any other association of professional engineers or association of professional geoscientists, having the same effect as any order made under section 47 or 48, such member, holder of a certificate of authorization, temporary licensee or specified scope of practice licensee may at the discretion of the discipline committee be deemed to be guilty of either unskilled practice of professional engineering or professional geoscience or professional misconduct, whichever the panel finds.

Certificate of decision

46(4)       A copy of the certificate of decision or other like document issued by any other association of professional engineers or association of professional geoscientists and certified by an officer or employee thereof holding a position equivalent to that of the registrar under this Act, shall be conclusive evidence of the facts in such certificate or other like document.

Orders of the panel

47(1)       If the panel finds that the conduct of an investigated person constitutes unskilled practice of professional engineering or professional geoscience, or professional misconduct, or both, the panel may make any one or more of the following orders:

(a) reprimand the investigated person;

(b) suspend the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of the investigated person for a stated period;

(c) suspend the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of an investigated person until

(i) the investigated person has completed a specified course of studies or obtained supervised practical experience, or

(ii) the discipline committee is satisfied as to the competence of the investigated person to practice professional engineering or professional geoscience;

(d) accept in place of a suspension the investigated person's undertaking to limit his, her or its practice;

(e) impose conditions on the investigated person's entitlement to engage in the practice of professional engineering or professional geoscience, including the conditions that he, she, or it

(i) practice under supervision,

(ii) not engage in sole practice,

(iii) not function as a holder of a certificate of authorization for a specified period,

(iv) permit periodic inspections by a person authorized by the discipline committee to carry out inspections,

(v) permit periodic audits of records, or

(vi) report to the discipline committee or the council on specific matters;

(f) direct the investigated person to pass a particular course of study or satisfy the discipline committee or the council as to the person's competence;

(g) direct the investigated person to satisfy the discipline committee that a disability or addiction can be or has been overcome, and suspend the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of the investigated person until the discipline committee is so satisfied;

(h) require the investigated person to take counselling that in the opinion of the panel is appropriate;

(i) direct the investigated person to waive, reduce or repay money paid to the investigated person that, in the opinion of the panel was unjustified for any reason;

(j) cancel the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of the investigated person.

Panel may consider cautions

47(2)       To assist the panel in making an order under this section, the panel may be advised of any formal, written caution previously issued to the member under clause 35(1)(e) and the circumstances under which it was issued.

Ancillary orders

47(3)       The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including that

(a) a further or new investigation be held into any matter; or

(b) the discipline committee be convened to hear a complaint without an investigation.

Contravention of order

47(4)       If the discipline committee is satisfied that an investigated person has contravened an order under subsection (1), it may, without a further hearing, cancel or suspend the certificate of registration, certificate of authorization, temporary licence, specified scope of practice licence or enrolment as an engineer-in-training or geoscientist-in-training of the investigated person.

Costs and fines

48(1)       The panel or the discipline committee may, in addition to or instead of dealing with the conduct of an investigated person in accordance with section 47, order that the investigated person pay to the association

(a) all or part of the costs of the investigation, hearing and appeal;

(b) a fine not exceeding $25,000.; or

(c) both the costs under clause (a) and the fine under clause (b);

within the time set by the order.

Filing of order

48(2)       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.

Written decision

49(1)       The discipline committee or any panel shall, following the completion of a hearing, make a written decision on the matter consisting of the reasons for its decision, and a statement of any order made by it.

Decision forwarded to registrar

49(2)       The discipline committee or any panel shall forward to the registrar

(a) the decision; and

(b) the record of the proceedings, consisting of all evidence presented before it, including all exhibits, documents and recordings.

Service of decision

49(3)       The registrar shall, on receiving the decision and record, serve a copy of the decision on the investigated person and the complainant.

Copies of transcript

49(4)       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 before the panel.

Publication of decision

50          Notwithstanding that any proceeding or part of a proceeding under this Part may have been held in private, the Association, may after the expiration of any appeal period, publish

(a) the name of an investigated person in respect of whom an order is made under section 47 or 48; and

(b) the circumstances relevant to the finding of unskilled practice of professional engineering or professional geoscience, or the finding of professional misconduct.

Stay pending appeal to council

51(1)       The decision of the panel remains in effect pending an appeal to the council unless the council, on application, stays the decision pending the appeal.

Stay pending appeal to court

51(2)       The decision of the council remains in effect pending an appeal to the court unless the court, on application, stays the decision pending the appeal.

Rules of practice and procedure

52          Subject to the approval of the council, each of the investigation committee, the discipline committee and any panel of the discipline committee shall determine its own rules of practice and procedure.

Appeal to council

53(1)       An investigated person or the complainant may appeal to the council a finding or an order, or both, of the panel or the discipline committee.

Deposit to accompany notice of appeal

53(2)       Each notice of appeal to council shall be accompanied by a cash deposit in such amount as may be prescribed in the by-laws, but not to exceed $1,000.

Procedure

53(3)       Sections 40 to 45 apply to proceedings before the council, with necessary modifications.

Powers of council on appeal

53(4)       The council shall, within 90 days from the date of the conclusion of all proceedings before it, do any of the following:

(a) make any finding or order that in its opinion ought to have been made by the panel;

(b) quash, vary or confirm the finding or order of the panel or any part of the finding or order;

(c) refer the matter back to the discipline committee for further consideration in accordance with any direction of the council.

Costs

53(5)       The council may make an award as to costs payable on the conclusion of an appeal before the council.

Deposit may be returned

54          The deposit shall be returned to the applicant at the conclusion of any appeal process unless the council or the court orders that the deposit be forfeited, in whole or in part, as it sees fit.

Appeal to court

55(1)       An investigated person may appeal to the court any finding or order made by the council under subsection 53(4).

Commencement of appeal

55(2)       An appeal to court shall be commenced

(a) by filing a notice of appeal; and

(b) by giving a copy of the notice of appeal to the registrar;

within 30 days from the date on which the decision of the council is served on the investigated person.

Appeal on the record

55(3)       An appeal to the court shall be founded on the record of the hearing before the council and the decision of the council.

Powers of court on appeal

55(4)       The court on hearing the appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the council or any part of it; or

(c) refer the matter back to the council for further consideration in accordance with any direction of the court.

PART 11

NO ACTIONS AGAINST MEMBERS

No action to lie

56          No action lies against the council, any person participating in any committee of the council, any member, any holder of a certificate of authorization, any temporary licensee, any specified scope of practice licensee or any engineer-in-training or any geoscientist-in-training or any officer or employee of the association, for any action taken under this Act, the by-laws or any policy or procedure of council if the action was taken in good faith.

PART 12

PROHIBITIONS

Prohibitions on practice

57          Except as otherwise provided in this Act, no person who is not a member, a holder of a certificate of authorization, a temporary licensee, or a specified scope of practice licensee shall

(a) engage in the practice of professional engineering or the practice of professional geoscience within the province; or

(b) act in such a manner as to lead any person to believe that he or she is authorized to fulfil the office of, or act as, a professional engineer or professional geoscientist within the province.

Representation as a professional engineer or professional geoscientist

58(1)       Except as otherwise provided in this Act, no person who is not a member or a temporary licensee shall use, orally or otherwise, any of the following titles:

(a) professional engineer;

(b) engineer;

(c) consulting engineer;

(d) professional geoscientist;

(e) geoscientist;

(f) consulting geoscientist;

or any similar designation or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that the person is a member, holder of a certificate of authorization, temporary licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in-training, or is engaged in or entitled to engage in the practice of professional engineering or professional geoscience.

Use of professional engineer or professional geoscientist in business name

58(2)       No person who is not a member, the holder of a certificate of authorization or a temporary licensee shall

(a) advertise, list, display, or use in any manner, or permit to be used in any manner, any description, title, designation or term referred to in subsection (1) or any other term that may lead anyone to infer that such person is entitled to engage in the practice of professional engineering or professional geoscience; or

(b) submit for registration under The Corporations Act or The Business Names Registration Act any corporate or business name using any description, title, designation or term referred to in subsection (1) or any other term that may lead anyone to infer that such person is entitled to engage in the practice of professional engineering or professional geoscience.

Prohibition on contracting with corporations and partnerships

59          No person shall knowingly engage, employ or contract with any person, corporation, partnership or other legal entity that does not hold a certificate of authorization for any work that requires the services of a professional engineer or professional geoscientist.

PART 13

OFFENCES AND ENFORCEMENT

Limitation on prosecutions

60(1)       A prosecution for an offence under Part 12 may be commenced at any time within two years after the date on which the alleged offence was committed or within six months from the date on which evidence, sufficient to justify prosecution for the offence, came to the knowledge of the registrar, whichever is later.

Certificate of registrar

60(2)       The certificate of the registrar as to the day on which the evidence referred to in subsection (1) came to his or her knowledge is prima facie proof of the date of receipt of the evidence.

Onus

61          In any action or prosecution under this Act, it shall be presumed, until the contrary is shown, that the accused is not a member, temporary licensee, specified scope of practice licensee, holder of a certificate of authorization or enrolled as an engineer-in-training or geoscientist-in-training and the onus is upon the accused to prove that he or she is a member, temporary licensee, specified scope of practice licensee, holder of a certificate of authorization or enrolled as an engineer-in-training or geoscientist-in-training, as the case may be.

Practice proved by a single act

62          In a prosecution under this Part it is sufficient proof of the offence alleged if it is proved that the accused has done or committed a single act of the kind alleged.

Information

63          An information for an offence under this Act may be laid by any member of the association or any person appointed by the council.

Injunction

64          On application of the association, the court may grant an injunction

(a) enjoining a person who is not a member, temporary licensee, specified scope of practice licensee, holder of a certificate of authorization, engineer-in-training or geoscientist-in-training from engaging in the practice of professional engineering or professional geoscience;

(b) enjoining a person from employing for work that is the practice of professional engineering or professional geoscience any person not entitled to practice professional engineering or professional geoscience under this Act; or

(c) enjoining a person from violating any provision of this Act whether or not such person has been found guilty of an offence under that provision.

Penalties

65(1)       Every person who violates any provision of this Act is guilty of an offence and liable, on summary conviction, in the case of a first offence to a fine of not more than $10,000. and in the case of a second or subsequent offence to a fine of not more than $20,000.

Fines recovered belong to association

65(2)       Any fee, fine, penalty or sum receivable or recoverable under this Act or the by-laws, other than a fine or penalty imposed on summary conviction for an offence under this Act, when paid or recovered belongs to the association for the use thereof.

PART 14

EXCEPTIONS

Activities that are not affected

66(1)       Nothing in this Act applies to prevent

(a) the performance of professional engineering work by a natural person who is employed or engaged under the immediate and direct personal supervision and guidance of a professional engineer who assumes all responsibility for the work;

(b) the performance of professional engineering work by an engineer-in-training who is enrolled in a program of training authorized under this Act or the by-laws;

(c) the performance of professional geoscience work by a natural person who is employed or engaged under the immediate and direct personal supervision and guidance of a professional geoscientist who assumes all responsibility for the work;

(d) the performance of professional geoscience work by a geoscientist-in-training who is enrolled in a program of training authorized under this Act or the by-laws;

(e) a person employed in actual service in the Canadian Armed Forces from practising professional engineering or professional geoscience where required as part of such employment;

(f) a person registered as a land surveyor under The Land Surveyors Act from practising as a land surveyor or engaging in the practice of surveying;

(g) a person who is certified under The Certified Applied Science Technologists Act in an engineering discipline, from engaging in an act that constitutes the occupation of applied science technology;

(h) a prospector from engaging in activities that are normally associated with the business of prospecting, regardless of whether the prospector is prospecting on his or her own behalf or for others;

(i) a natural person from carrying on engineering or geoscientific work on his or her own property for the sole use of himself or herself and his or her personal residence if the safeguarding of life, health, or the public interest is not concerned;

(j) an electrician licensed under The Electricians' Licence Act from carrying on the trade of electrician, a power engineer to whom a certificate has been issued under The Power Engineers Act from carrying on the trade of a power engineer, or a locomotive engineer qualified as such under the Canada Transportation Act or The Provincial Railways Act from carrying on his or her occupation as a locomotive engineer, as long as the persons so qualified under those Acts confine themselves to those titles and do not engage in the practice of professional engineering;

(k) a person who is registered, licensed or certified under or has otherwise acquired rights pursuant to any enactment of Manitoba or Canada which licenses, governs or regulates the practice of a profession, or the carrying on of an occupation or trade from practising that profession or carrying on that occupation or trade in accordance with the provisions of such enactment; or

(l) an individual who

(i) holds a recognized honours or higher degree in one of the physical, chemical, life, computer or mathematical sciences, or possesses an equivalent combination of education, training and experience, or

(ii) is acting under the direct supervision and control of an individual with the qualifications described in subclause (i),

from engaging in the practice of natural science.

Definition of "practice of natural science"

66(2)       In clause (1)(l), "practice of natural science" means any act or activity, including management, requiring the application of scientific principles, competently performed, whether alone, in partnership, in an association of persons or in a body corporate, other than the practice of professional geoscience.

Prime consultant

66.1        Nothing in this Act prevents a person or partnership from being the prime consultant in respect of the erection, construction, enlargement or alteration of a building.

S.M. 2005, c. 48, s. 20.

PART 15

INTER-ASSOCIATION RELATIONS JOINT BOARDS

Joint board with The Certified Technicians and Technologists Association of Manitoba Inc.

67(1)       There is established a joint board, under the name "Engineering, Geosciences and Applied Sciences Inter-Association Relations Joint Board", whose function is to assist The Certified Technicians and Technologists Association of Manitoba Inc. and the Association of Professional Engineers and Geoscientists of the Province of Manitoba in maintaining the professional relationship between the two associations, including

(a) developing and recommending processes for co-operation by the two associations in carrying out their respective areas of responsibility in the public interest;

(b) making joint representations to third parties on matters affecting the two associations; and

(c) resolution of issues or disputes respecting areas of practice.

Composition of board

67(2)       The joint board shall consist of not fewer than seven persons as follows:

(a) a chair, who is appointed by the minister appointed by the Lieutenant Governor in Council to administer The Labour Relations Act and is not registered with or licensed by either The Certified Technicians and Technologists Association of Manitoba Inc. or the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(b) equal numbers of persons appointed by The Certified Technicians and Technologists Association of Manitoba Inc. and the Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Rules of procedure

67(3)       The joint board shall establish its own rules of procedure.

Disputes

67(4)       Where any dispute arises as to

(a) the jurisdiction of either of the associations referred to in subsection (1) in respect of the regulation of persons registered under their respective enactments;

(b) the right of any person registered with or licensed by either of those associations to perform any function or type of work; or

(c) any matter respecting relations between those associations or any persons registered with or licensed by them;

the joint board shall consider such dispute or matter and, if possible, make a joint recommendation to the board of The Certified Technicians and Technologists Association of Manitoba Inc. and the council of the Association of Professional Engineers and Geoscientists of The Province of Manitoba to resolve such dispute or matter.

S.M. 2001, c. 43, s. 42; S.M. 2012, c. 40, s. 57; S.M. 2013, c. 54, s. 30.

Joint board with The Manitoba Association of Architects

68(1)       There is established a joint board, under the name "Engineering, Geosciences and Architecture Inter-Association Relations Joint Board", whose function is to assist The Manitoba Association of Architects and the Association of Professional Engineers and Geoscientists of the Province of Manitoba in maintaining the professional relationship between the two associations, including

(a) developing and recommending processes for co-operation by the two associations in carrying out their respective areas of responsibility in the public interest;

(b) making joint representations to third parties on matters affecting the two associations; and

(c) resolution of issues or disputes respecting areas of practice.

Composition of board

68(2)       The joint board shall consist of not fewer than seven persons as follows:

(a) a chair, who is appointed by the minister appointed by the Lieutenant Governor in Council to administer The Labour Relations Act and is not registered with or licensed by either The Manitoba Association of Architects or the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(b) equal numbers of persons appointed by The Manitoba Association of Architects and the Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Rules of procedure

68(3)       The joint board shall establish its own rules of procedure.

Disputes

68(4)       Where any dispute arises as to

(a) the jurisdiction of either of the associations referred to in subsection (1) in respect of the regulation of persons registered under their respective enactments;

(b) the right of any person registered with or licensed by either of those associations to perform any function or type of work; or

(c) any matter respecting relations between those associations or any persons registered with or licensed by them;

the registrar must refer the dispute to the joint board, which must consider it in a timely manner and, if possible, make a joint determination about how to resolve the dispute and give it to the council of The Manitoba Association of Architects and the council of The Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Determination to be implemented

68(5)       A joint determination under subsection (4) must be implemented by the council of one or both associations, whichever is necessary to give full effect to the determination.

S.M. 2001, c. 43, s. 42; S.M. 2005, c. 48, s. 21; S.M. 2012, c. 40, s. 57; S.M. 2013, c. 54, s. 30.

Grandfathering: professional engineers

68.1(1)     The purpose of this section is to provide a mechanism whereby professional engineers who were performing competent architectural work immediately before September 16, 2005, may continue to do so even though they are not members of the Manitoba Association of Architects.

Joint board to establish criteria

68.1(2)     Within 60 days after this section comes into force, the joint board under subsection 68(1) must, by a joint determination, establish written criteria for determining whether a professional engineer who was performing architectural work immediately before September 16, 2005, has the competencies in that work to warrant issuing him or her a recognition certificate under this section.

Conditions

68.1(3)     Within that same 60-day period, the joint board must, by joint determination, establish conditions under which professional engineers may perform architectural work under a recognition certificate, which

(a) must include

(i) a condition requiring them to maintain professional liability insurance coverage that meets the requirements set by the board, and

(ii) restrictions as to the types of buildings for which they may do architectural work; and

(b) may include any other conditions the board considers necessary.

Chair to establish criteria if joint board does not

68.1(4)     If the joint board fails to establish the criteria or conditions within the required period, the chair of the board must do so within 30 days after the expiry of that period.

Application to joint board

68.1(5)     No later than 120 days after the criteria and conditions have been established, a professional engineer may apply to the joint board for a recognition certificate.

Joint board to make determination and issue recognition certificate

68.1(6)     Within 30 days after receiving an application, the joint board must make a joint determination as to whether the applicant meets the criteria, and, if so, issue a recognition certificate to the applicant.

Chair to make determination if joint board does not

68.1(7)     If the joint board fails to make a determination within the required period, the chair of the board must, within seven days after the expiry of that period, determine whether the applicant meets the criteria, and, if so, issue a recognition certificate to the applicant.

Additional conditions

68.1(8)     When issuing a recognition certificate, the joint board or the chair, as the case may be, may impose conditions on the certificate in addition to those established under subsection (3) or (4).

Validity

68.1(9)     A recognition certificate is valid until it is revoked or the holder ceases to be a professional engineer.

Revocation

68.1(10)    The joint board may, by a joint determination, revoke a recognition certificate if the holder fails to comply with any condition to which the certificate is subject.

No fee

68.1(11)    No fee may be charged for a recognition certificate.

Not a member of Manitoba Association of Architects

68.1(12)    The holder of a recognition certificate is not a member of the Manitoba Association of Architects and may not style or hold himself or herself out to be an architect.

S.M. 2005, c. 48, s. 22.

PART 16

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE

Transitional: membership

69(1)       Notwithstanding section 15, the council may, at any time within two years after the coming into force of this Act, admit to membership in the association as a professional geoscientist a natural person who meets any educational and experience requirements that may be set by the council.

Transitional: council

69(2)       A person who is elected or appointed as a member of the council and who holds office on the day before this Act comes into force continues as a member of council for the balance of his or her term.

Transitional: policies and procedures

69(3)       The rules and regulations of the Association which are in force on the day before this Act comes into force are deemed to be the policies and procedures of council until replaced by resolution of council.

Geoscientists appointed to council

69(4)       On the coming into force of this Act, two natural persons holding recognized degrees in one of the branches of geoscience shall be appointed to the council by a committee consisting of the persons listed in subsection 8(2).

70 to 74    

NOTE:  These sections contained consequential amendments to other Acts, which amendments are now included in those Acts.

Repeal

75          The Engineering Profession Act, R.S.M. 1987, c. E120, is repealed.

C.C.S.M. reference

76          This Act may be cited as The Engineering and Geoscientific Professions Act and referred to as chapter E120 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

77          This Act comes into force on the day it receives royal assent.

 

 
News Departments Disclaimer Copyright
Privacy Policy Contact Us 1-866-626-4862