as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E120
The Engineering Profession Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means the Association of Professional Engineers of the Province of Manitoba: ("Association")
"board" means the board of examiners of the associaton; ("bureau")
"by-laws" means by-laws of the association: ("règlements administratifs")
"council" means the council of the association: ("conseil")
"licence" means the certificate under the seal of the association evidencing that a non-resident engineer has been licensed; ("permis")
"licensed" where used to refer to a licensed engineer means permission has been given to a non-resident engineer to engage temporarily in the practice of professional engineering within the province without being registered: ("autorisé")
"licensee" means a person who holds a valid and subsisting licence: ("titulaire de permis")
"member" means a person who is registered as a member of the association and whose membership is in good standing; ("membre")
"practice of professional engineering" or "practice of engineering" means carrying on for hire, gain or hope of reward, either directly or indirectly, of one or more of the following branches of the science of engineering, namely:
(k) mining, or
or such other branch as hereafter may be recognized and adopted by by-law of the association as a branch of engineering and, without restricting the generality of the foregoing, includes the reporting on, advising on, valuing of, measuring for, laying out of, designing of, engineering inspection of (including the direction or supervision of any of the foregoing) or the construction, alteration, improvement or enlargement of, works or processes or any of them by reason of their requiring in connection with any of the operations above set forth, the skilled or professional application of the principles of mathematics, physics, mechanics, aeronautics, hydraulics, electricity, forestry, chemistry, geology, or metallurgy, but does not include the operation, execution or supervision of works as superintendent, foreman, inspector, road master, track master, bridge master, building master or contractor, where the works have been designed by and are constructed under the supervision of a professional engineer; ("exercice de la profession d'ingénieur")
"president" means the president of the association; ("président")
"professional engineer" means any person who is a member of the association or who is a licensee; ("ingénieur")
"registrar" means the registrar of the association; ("registraire")
"secretary" means the secretary-treasurer of the association. ("secrétaire")
The Association of Professional Engineers of the Province of Manitoba is continued as a body corporate.
The purpose of the association is to govern and regulate the practice of engineering in the Province of Manitoba in accordance with this Act.
The head office of the association shall be in The City of Winnipeg.
The membership of the association shall consist of the persons whose names are entered on the register of the association as professional engineers.
The association may
(a) acquire by purchase, lease, gift, devise, bequest or otherwise, and sell, mortgage, lease or dispose of property, real or personal;
(b) invest any moneys belonging to it in investments and securities as though the association were a trustee for the moneys; 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.
There shall be a council of the association consisting of
(a) the president:
(b) the vice-president;
(c) the immediate past president if not included in the members elected under clause (d);
(d) not fewer than seven members elected as hereinafter provided; and
(e) two persons who are resident within the province and are not professional engineers appointed as hereinafter provided.
The elected councillors shall be elected as provided in the by-laws from among the members for a term of two years and a member may be elected for a second and third term as councillor but is not eligible for a fourth or subsequent term of office as a councillor unless at least one term has elapsed after the expiry of the previous term of office as a councillor.
Appointed councillors shall be 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;
(c) the commissioner of works and operations of The City of Winnipeg; and
(d) the Minister of Labour in the Government of Manitoba;
and each shall be appointed for a term of two years and may be re-appointed for a second and 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 after the expiry of the previous term of office as a councillor.
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.
The council shall exercise in the name and on behalf of the association any and all the powers, authority and privileges by this Act or any other Act conferred on the association and. without restricting the generality of the foregoing, the council
(a) shall govern the association and administer its affairs;
(b) may provide for the appointment of committees of council and appoint members of the council or members of the association, whether or not they are members of the council to the committee, 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.
The council may delegate to a committee of council 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 sections 23 and 24, and where a committee of council 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.
The council shall prepare and publish a code of ethics containing standards of conduct for members designed for the protection of the public and to which members and licensees shall subscribe and which the members and licensees shall follow in the practice of professional engineering.
The association may make by-laws and regulations not inconsistent with this Act
(a) respecting the management of its property;
(b) respecting the election of members of the council;
(c) regulating the meetings and proceedings of the association and the council and all matters pertaining thereto;
(d) respecting the holding and conduct of examinations of candidates for registration as professional engineers;
(e) prescribing the subjects upon which candidates are to be examined and the qualifications of candidates;
(f) establishing a scale of fees to be paid by candidates for examination, by applicants for registration, by members for annual dues and by applicants for licences;
(g) respecting the appointment and remuneration of and defining the duties of the board and of officers and employees of the association including the registrar;
(h) prescribing fines and penalties for default in payment of fees and terms of re-admission to the privileges of the association;
(i) respecting the government and discipline of members and licensees including the imposition of fines upon, the censure of or the suspension or cancellation of the registration or licence of, a member or licensee who is found by the council to be guilty of unprofessional conduct, conduct detrimental to the public interest, negligence or misconduct in the practice of engineering or who was convicted of a crime, but subject to any right of appeal given by this Act;
(j) respecting the maintenance of the standards of professional conduct and ethics by members;
(k) respecting the assistance, pecuniary or otherwise, of other associations or organizations where in the opinion of the council, the assistance will be of benefit to the association or the members;
(l) prescribing a schedule of suggested professional charges and salaries;
(m) regulating group practice of engineering;
(n) respecting any other matters requisite for carrying out the objects of this Act.
The by-laws, rules and regulations of the association 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.
The association shall hold an annual general meeting of the members once in each year.
The annual general meeting of the members shall be held at such time and place as may be fixed by by-law.
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.
The association may hold other general or special meetings of the members as provided by the by-laws.
No person who is not a member or a licensee shall engage in the practice of professional engineering within the province or take or use the title "professional engineer" or any abbreviation thereof.
The performance of engineering work by any 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 technical quality of the work is not the practice of professional engineering by that person for the purposes of this Act nor is that person required to be registered or licensed under this Act.
No person is entitled to be registered as a professional engineer or to become a member of the association unless he is of the full age of 18 years and
(a) submits evidence to the council showing that
(i) he is a graduate of a university, college or school in a program recognized by the council and has had such experience in engineering work as is satisfactory to the council, or
(ii) he has had at least six years actual experience in engineering work of a nature satisfactory to the council and submits to an examination or produces credentials in lieu thereof, as the council may decide, or
(iii) he is a resident of the province and is a duly registered member in good standing of an association of engineers in any other jurisdiction in Canada that is constituted similarly to the association and produces to the council a valid and subsisting certificate of membership in that association and otherwise complies with the requirements of council, and the council certifies in writing to the registrar, by minute or otherwise, that the evidence, examination or credentials are satisfactory to it;
(b) has paid such fees or dues as are prescribed by the by-laws;
(c) has subscribed to and agreed to abide by the code of ethics prescribed by the by-laws; and
(d) has complied with such other terms and conditions as the council, in accordance with this Act or the by-laws, may impose.
The council may grant a licence to engage temporarily in the practice of professional engineering within the province to a person if the person
(a) is an engineer residing outside the province; and
(b) otherwise meets the qualifications and requirements of section 15.
Each person applying to be registered or licensed to practise engineering under this Act shall, before being so registered or licensed, pay in advance to the secretary, or any person deputed by the council to receive the fee, such registration or licensing fee as may be prescribed by the by-laws of the association.
Each person who is registered to practise engineering under this Act shall, in respect of each registration year for which he is so registered, pay in advance to the secretary, or any person deputed by the council to receive the fee, such annual fee as may be prescribed by the bylaws of the association and the fee is a debt due by the member and is recoverable by the association in any court of competent jurisdiction.
Where a member omits to pay the prescribed annual fee within six months of the day upon which it becomes due, the registrar shall cause the name of the member to be struck off the register and he shall thereupon cease to be a member but, at any time thereafter, upon paying the fee and complying with the by-laws relative thereto, he is entitled to be reinstated as a member from the time of the payment and compliance.
Every member upon being first registered under this Act shall be issued a seal, the impression of which shall contain the name of the member and the words " Registered Professional Engineer, Province of Manitoba" and the member shall make an impression of the seal on every estimate, specification, report, working drawing, plan or other document issued under his hand.
Every licensee shall make an impression with the seal issued to him by the association of which the licensee is a member on each estimate, specification, report, working drawing, plan or other document issued from his hand.
The council shall annually appoint a board which shall conduct the examinations of applicants for registration in accordance with the by-laws of the association.
The council may establish, jointly with the council of any association or institute of engineers in any other province of Canada that is constituted similarly to the association, a central examining board and delegate to the central examining board all or any of the powers possessed by the association respecting examination of candidates for admission to membership but any examination of applicants for membership conducted by the central examining board shall be held in at least one place in Manitoba.
The registrar shall keep or cause to be kept a register in which shall be entered the names of all persons registered under this Act and the register shall be deemed to be the register of the association.
The registrar shall also keep or cause to be kept in each year a register in which shall be entered the names of all persons who are members or licensees in that year.
The registrar shall issue or cause to be issued to each person who is registered a certificate of registration certifying that the person is entitled to engage in the practice of professional engineering within the province.
The registrar shall issue or cause to be issued, to each person to whom the council has granted a licence, a certificate of licence certifying that the person is licensed to engage temporarily in the practice of professional engineering within the province.
Each certificate issued under this section shall be signed by the president and registrar under the seal of the association and remains the property of the association subject to recall by the registrar upon the registration or licence being suspended or cancelled for any cause.
Where a person applies to be registered or licensed under this Act and the application is refused, the applicant may, within 15 days after receiving written notice of the refusal, request the council to review the refusal by filing with the registrar a written request to the council for a hearing in the matter and the council shall, within 30 days after receipt of the request by the registrar, conduct a hearing into the matter and may confirm the decision or require the registrar to register or issue a licence to the applicant, as the case may require.
Subsections 24(2), (3), (4) and (5) apply with such modifications as the circumstances require to a hearing conducted under subsection (1).
Where an applicant for registration or licensing who, under subsection (1), has requested the council to review a refusal is dissatisfied with the decision of the council on the review, the applicant may, within 30 days after receiving written notice of the decision of the council on the review, appeal the decision by originating notice of motion to the Court of Queen's Bench and the appeal shall proceed as a trial de novo.
Upon an appeal under subsection (3), the judge may confirm the decision of the council or order the association to register or license the applicant or make such other order as the judge thinks fit and the association and the applicant are bound by the order which shall be final and not subject to appeal.
Subject to subsection (2), where a written complaint is made to the registrar that a member or a licensee has been
(a) guilty of unprofessional conduct; or
(b) guilty of conduct in the practice of engineering which is detrimental to the public interest; or
(c) guilty of negligence in the practice of engineering; or
(d) guilty of misconduct in the practice of engineering: or
(e) convicted of a crime;
the council may hold a hearing into the complaint.
Before holding a hearing under subsection (1), the council shall, at least 15 days before the date of the hearing, serve upon the member or licensee against whom the complaint is made by personal service or by registered mail, postage prepaid, addressed to the address of the member or licensee as recorded in the records of the association, a statement of the particulars of the complaint and a notice of the date, time and place of the hearing.
Where the council holds a hearing into a complaint against a member or licensee, the member or licensee is entitled to be present and to be represented by counsel or agent at the hearing and to cross-examine witnesses giving evidence at the hearing.
Where service of notice of the hearing on the member or licensee against whom the complaint is made is proved by affidavit or viva voce, and the member or licensee against whom the complaint has been made does not attend or give good and sufficient reason to the council for his failure to attend, the council may proceed with the hearing in the absence of and without further notice to the member or licensee and take such action as is authorized under this Act.
In conducting a hearing under this section, the council has the same powers of taking evidence, of compelling attendance of witnesses and the production of books, papers and documents, and of punishing for contempt for the failure to comply with the orders of the council, as a commissioner appointed to hold a public inquiry under The Manitoba Evidence Act has under that Act.
All evidence received at a hearing under this section shall be given under oath and taken down in writing by the registrar or by a reporter duly sworn.
After completing a hearing into a complaint against a member or a licensee, if the council finds the member or licensee to have been
(a) guilty of unprofessional conduct; or
(b) guilty of conduct in the practice of engineering which is detrimental to the public interest; or
(c) guilty of negligence in the practice of engineering; or
(d) guilty of misconduct in the practice of engineering; or
(e) convicted of a crime;
it may, subject to the by-laws, reprimand, censure, fine, suspend the registration or licence of, or cancel the registration or licence of, the member or licensee against whom the complaint was made and, it may order the member or licensee to pay all or any part of the costs and expenses incurred by the association in and for investigation of the complaint and the conduct of the hearing.
Where the council holds a hearing into a complaint made against a member or licensee, the member or licensee, if dissatisfied with the decision of the council arising out of the hearing may, within 30 days after receiving written notice of the decision of the council, appeal the decision by originating notice of motion to the Court of Queen's Bench and upon notice of the appeal being served on the association, the registrar shall file a transcript of the evidence produced at the hearing and documents submitted to the hearing with the proper officer of the court and the appeal shall be an appeal on the record.
On an appeal under subsection (1). the judge shall decide the matter upon the evidence and documents filed in accordance with subsection (1) and shall confirm, alter or set aside the decision of the council and the decision of the court is final and not subject to appeal.
Pending an appeal under subsection (1), a member or licensee whose registration or licence has been suspended or cancelled shall not practice engineering within the province.
Where the registration or licence of a member or licensee is suspended or cancelled under section 24 and the suspension or cancellation is not set aside under section 25, the member or licensee, as the case may be, shall not engage in the practice of engineering within the province until the suspension expires or the registration or licence, where cancelled, is renewed.
No action lies against the council, any committee of the council, any member, any licensee or any officer or employee of the association, for any act or proceedings taken or enforced or attempted under this Act or a by-law or regulation of the association if the Act or proceeding was taken, enforced or attempted in good faith and without negligence.
Except as otherwise provided in this Act, no person who is not a member or licensee shall
(a) engage in the practice of professional engineering within the province; or
(b) assume verbally or otherwise the title "professional engineer" or any abbreviation thereof, or any name, title, designation or description that may lead any other person to believe that he is a professional engineer or entitled to engage in the practice of professional engineering within the province: or
(c) act in such a manner as to lead any person to believe that he is authorized to fulfill the office of, or act as. a professional engineer within the province; or
(d) advertise, list, display or use at any time or in any manner, or permit to be used, at any time or in any manner, in connection with his name, any description, title, designation or term implying or calculated to lead any other person to infer that he is registered under this Act or entitled to engage in the practice of professional engineering within the province.
Every person who violates subsection (1) is guilty of an offence and liable, on summary conviction, in the case of a first offence to a fine of not more than $1,000. and in the case of a subsequent offence to a fine of not more than $2,000.
Except as herein otherwise provided, no person shall employ a person whom he knows is neither a member nor a licensee as a professional engineer or for any work that requires services of a professional engineer.
A prosecution for an offence under section 28 may be commenced at any time within one year after the date on which the alleged offence was committed.
In any action or prosecution under this Act, it shall be presumed, until the contrary is shown, that the accused is not a member or a licensee and the onus is upon the accused to prove that he is a member or a licensee.
In a prosecution under section 28, 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.
An information for an offence under this Act may be laid by any member of the association or any person appointed by the council.
On application of the association, the Court of Queen's Bench may grant an injunction
(a) enjoining a person who is not a member or a licensee from engaging in the practice of professional engineering; or
(b) enjoining a person from employing for work that requires the services of a professional engineer any person who is not either a member or a licensee; or
(c) enjoining a person from violating any provision of section 28 whether or not the person has been found guilty of an offence under that section.
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.
This Act does not apply to prevent any person employed in actual service in the Canadian Forces from practising as a professional engineer in the course of such employment.
Nothing in this Act applies to prevent any person who is a member of The Manitoba Association of Architects from practising architecture within the meaning of The Architects Act and nothing in this Act applies to prevent any person registered as a land surveyor under The Land Surveyor's Act from practising as a land surveyor.
Nothing in this Act applies to prevent an electrician licensed under The Electricians Licence Act from carrying on the trade of electrician or to prevent 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 to prevent a locomotive engineman from acting as an engineman of a locomotive under the Railway Act (Canada) 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.
Nothing in this Act prevents a person from carrying on work on his own property for the sole use of himself and his domestic establishment or from designing, constructing or installing appliances, works or plants if the work does not involve the safety of the general public.