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BILL NO. 20





Private Member'sBill




4th Session, 56th General Assembly
Nova Scotia
45 Elizabeth II, 1996




An Act Respecting the

Engineering and Geoscience Professions





The Honourable Jay F. Abbass
Halifax Chebucto




Halifax
Printed by Queen's Printer for Nova Scotia







An Act Respecting the

Engineering and Geoscience Professions

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Engineering and Geoscience Professions Act.

2 In this Act,

(a) "Admissions Board" means the Admissions Board of the Association;

(b) "Association" means the Association of Professional Engineers and Geoscientists of Nova Scotia;

(c) "by-laws" means the by-laws of the Association made pursuant to this Act;

(d) "Canadian Engineering Accreditation Board" means the Standing Committee, or its successor, of the Canadian Council of Professional Engineers responsible for the accreditation of Canadian engineering education programs for the purposes of professional registration of engineers;

(e) "certificate of authorization" means a certificate in force under this Act that is issued to a partnership, body corporate or association of persons, and includes a certificate of engineering authorization and a certificate of geoscience authorization;

(f) "certificate of engineering authorization" means a certificate in force under this Act issued to and authorizing a partnership, association of persons or body corporate to offer to the public, or engage in the business of providing to the public, services that are within the practice of professional engineering;

(g) "certificate of geoscience authorization" means a certificate in force under this Act issued to and authorizing a partnership, association of persons or body corporate to offer to the public, or engage in the business of providing to the public, services that are within the practice of professional geoscience;

(h) "certificate of professional engineering registration" means a certificate in force under this Act that is issued to a member of the Association who meets the requirements of this Act for the practice of professional engineering;

(i) "certificate of professional geoscience registration" means a certificate in force under this Act that is issued to a member of the Association who meets the requirements of this Act for the practice of professional geoscience;

(j) "certificate of registration" means a certificate in force under this Act that is issued to a member of the Association, and includes a certificate of professional engineering registration and a certificate of professional geoscience registration;

(k) "Council" means the Council of the Association;

(l) "Discipline Committee" means the Discipline Committee established pursuant to Section 24, and includes a panel of the Discipline Committee;

(m) "Executive Director" means the Executive Director of the Association;

(n) "Investigation Committee" means the Investigation Committee established pursuant to Section 24, and includes a panel of the Investigation Committee;

(o) "licence to practise" means a licence to practise issued and in force pursuant to this Act, and includes a licence to practise professional engineering and a licence to practise professional geoscience;

(p) "licence to practise professional engineering" means a licence to engage in the practice of professional engineering issued and in force pursuant to this Act;

(q) "licence to practise professional geoscience" means a licence to engage in the practice of professional geoscience issued and in force pursuant to this Act;

(r) "licensed to practise" means holding a licence to practise;

(s) "mediator" means a mediator appointed pursuant to Section 24;

(t) "member-in-training" means a person enrolled with the Association pursuant to this Act as an engineer-in-training, geoscientist-in-training or in such other category as may be established by regulation, as the case may be;

(u) "member of the Association" means a person to whom a certificate of registration has been issued as a member of the Association;

(v) "partnership" includes a limited partnership;

(w) "person" means a natural person except where the context otherwise requires;

(x) "practice of professional engineering" includes

(i) any act of planning, investigating, designing, commissioning, composing, evaluating, advising, reporting, directing or supervising, or managing any of the foregoing, that requires or involves the application of engineering principles, and that concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment,

(ii) any act involving the science and art of designing, investigating or supervising the construction, maintenance or operation of, or making specifications, inventories or appraisals of, or consultations or reports on machinery, structures, works, plants, mines, mineral deposits, processes, transportation systems, transmission systems or communications systems, or any part thereof, and

(iii) any act within any discipline of engineering for which university programs have been accredited by the Canadian Engineering Accreditation Board or any other body that, in the opinion of the Council, is equivalent, where such discipline is designated by the Council pursuant to Section 10;

(y) "practice of professional geoscience" means reporting, advising, acquiring, processing, evaluating, interpreting, surveying, sampling or examining related to any activity that

(i) is directed towards the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, precious stones, other natural resources or water or the investigation of surface or subsurface geological conditions, and

(ii) requires the professional application of the principles of geology, geophysics or geochemistry;

(z) "President" means the President of the Association;

(aa) "professional engineer" means a person who is authorized pursuant to this Act to engage in the practice of professional engineering;

(ab) "professional geoscientist" means a person who is authorized pursuant to this Act to engage in the practice of professional geoscience;

(ac) "Registrar" means the Registrar of the Association;

(ad) "Secretary" means the Secretary of the Association;

(ae) "Treasurer" means the Treasurer of the Association;

(af) "Vice-president" means the Vice-president of the Association.

ASSOCIATION

3 The Association of Professional Engineers of the Province of Nova Scotia, heretofore incorporated by Chapter 186 of the Acts of 1920, and continued by Chapter 13 of the Acts of 1945, is further continued as a body corporate under the name Association of Professional Engineers and Geoscientists of Nova Scotia, and has perpetual succession and shall have a common seal.

4 The head office of the Association shall be situate within the County of Halifax.

5 (1) The principal object of the Association is to regulate the practice of professional engineering and the practice of professional geoscience and to govern members of the Association, holders of licences to practise, holders of certificates of authorization and members-in-training in accordance with this Act, the regulations and by-laws, in order that the public interest may be served and protected.

(2) To achieve its principal object, the Association has the following additional objects:

(a) to establish, maintain and develop standards of knowledge and skill among professional engineers and professional geoscientists;

(b) to establish, maintain and develop standards of qualification and standards of practice in the engineering and geoscience professions;

(c) to establish, maintain and develop standards of professional ethics among members of the Association, persons licensed to practise, members-in-training and holders of certificates of authorization;

(d) to promote public awareness of the role of the engineering and geoscience professions in society;

(e) to ensure that the practice of professional engineering and the practice of professional geoscience are carried out only by persons, partnerships, associations of persons and bodies corporate authorized to do so pursuant to this Act;

(f) to advance engineering and geoscience as fields of specialized knowledge and professional practice; and

(g) to perform such other duties and exercise such other powers as are imposed or conferred on the Association by or pursuant to this Act, or otherwise by law.

6 The Association has all of the powers vested in companies incorporated pursuant to the Companies Act and, in addition, is authorized and empowered to

(a) provide for regulation of the practice of professional engineering and the practice of professional geoscience and for the governance of members of the Association, persons licensed to practise, members-in-training and holders of certificates of authorization;

(b) prescribe, amend and repeal a code of ethics for the conduct of members of the Association, persons licensed to practise and members-in-training;

(c) conduct surveys and adopt schedules of suggested fees for services within the practice of professional engineering or services within the practice of professional geoscience, or both, and publish such schedules;

(d) conduct surveys and adopt schedules of suggested salaries for professional engineers or professional geoscientists, or both, and publish such schedules;

(e) adopt and require adherence to standards of practice, competence, and conduct, and performance standards and technical standards, for members of the Association, persons licensed to practise, members-in-training and holders of certificates of authorization in the practice of professional engineering and in the practice of professional geoscience, as the case may be;

(f) acquire, hold and dispose of real and personal property, or any part thereof;

(g) borrow money for the purpose of carrying out any of the objects or powers of the Association and give security for any money so borrowed on any of the real, personal or mixed property of the Association by way of mortgage, pledge, charge or otherwise;

(h) establish and maintain such registers as are required or authorized to be established and maintained by this Act or the regulations;

(i) fix, levy and collect, and provide exemption from payment of, fees, dues and charges in the manner provided by this Act and the by- laws;

(j) assess members of the Association for any ordinary, special or extraordinary expenditures that may be deemed necessary or expedient to further any of the objects of the Association and make such assessment in the manner provided by the by-laws;

(k) prescribe the nature and extent of the education, training and practical experience that must be possessed by any person before being permitted to engage in the practice of professional engineering or professional geoscience or before being enrolled as a member-in-training;

(l) provide facilities for determining, by examination or other means, the competency of persons seeking to practise professional engineering or professional geoscience or to be enrolled as members-in-training, and grant certificates of registration and licences to practise to persons so qualified to practise;

(m) arrange and establish ways and means by which persons may be trained in the professions of engineering and geoscience;

(n) negotiate for and on behalf of members of the Association or members-in-training in any matter pertaining to the welfare of members of the Association or members-in-training as professional engineers, professional geoscientists or members-in-training;

(o) enter into agreements on behalf of the Association or members of the Association or members-in-training with any person or association of persons, as may be necessary for or incidental or conducive to the carrying out of the objects and powers of the Association;

(p) make, amend and repeal regulations and by-laws in the manner provided by or pursuant to this Act;

(q) do all such other matters and things as may be necessary for or incidental or conducive to the welfare of professional engineers and professional geoscientists and their usefulness to the public; and

(r) exercise all such other powers as are conferred upon it by this Act, or otherwise as are necessary for or incidental or conducive to the carrying out of the objects and powers of the Association.

ADMINISTRATION

7 (1) The Council is continued and is the governing body of the Association.

(2) The Council is composed of

(a) not fewer than nine and not more than twenty-four members of the Association, who shall be elected and hold office as provided by the by-laws and who shall include

(i) the President, immediate past-president and the Vice-president,

(ii) at least one holder of a certificate of professional engineering registration, and

(iii) at least one holder of a certificate of professional geoscience registration; and

(b) a maximum of two persons who are not members of the Association who shall be appointed by the Council and hold office as provided by the by-laws.

(3) No person shall be elected or appointed to the Council, or hold office as a member of the Council, unless that person meets all requirements of the by-laws relating to the qualifications, nomination, appointment and election of persons to the Council, and is resident in the Province.

(4) A majority of the members of the Council constitutes a quorum.

(5) For greater certainty,

(a) a vacancy or vacancies in the membership of the Council, including but not limited to a vacancy within any of the categories referred to in clause (2)(a) or (b), does not affect the ability of the Council to discharge its powers and duties, provided that the number of members of the Council remaining in office is not fewer than a quorum;

(b) the absence of a member or members of the Council from any meeting, including persons elected or appointed within any of the categories referred to in clause (2)(a) or (b), does not affect the ability of a quorum of the Council to discharge any of the powers and duties of the Council.

(6) The President holds office until a successor is elected and shall act as presiding officer at meetings of the Council and of the Association, voting only when the votes are evenly divided.

(7) The Vice-president has all the powers of the President in the absence of the President.

(8) Notwithstanding anything contained in this Act, the members of the Council of the Association of Professional Engineers of Nova Scotia who were elected and in office immediately before the coming into force of this Act continue as the Council, and those members of the Council then holding office as President, Vice-president and Past-president continue in those offices, and all such persons hold office and are deemed to be elected pursuant to this Section and the by-laws until the expiration of the term for which they were elected, or until the office otherwise becomes vacant, and the additional persons to be elected or to be appointed by the Council pursuant to this Act begin to serve as members and officers of the Council, as the case may be, from the date of their election or appointment as provided by the by-laws.

8 (1) The Council shall appoint annually an Executive Director, a Registrar, a Secretary and a Treasurer, who shall perform the duties assigned to them by this Act, the regulations and the by-laws, and the Council may appoint one person to any one or more of the offices of Executive Director, Registrar, Secretary or Treasurer.

(2) The Council shall appoint annually such other officers as may be necessary for carrying out the provisions of this Act, the regulations and the by-laws.

9 The members of the Council, committees, boards, and officers, examiners and other persons appointed pursuant to this Act, the regulations or the by-laws shall be paid such fees and expenses as are prescribed by the by-laws.

10 (1) The Council shall manage and conduct the business and affairs of the Association and shall exercise the powers of the Association, and shall do so in the name of and on behalf of the Association, in accordance with this Act, the regulations and the by-laws.

(2) The Council may, as it sees fit, delegate to an official, committee or other person or body appointed or established by or pursuant to this Act, the authority to exercise any power of the Council or perform any duty of the Council, other than to make, amend or repeal a regulation or, subject to clause 12(3)(a), a by-law or to fix or alter any fees, dues or other charges.

(3) The Council may, from time to time, by resolution designate any discipline of engineering for the purpose of clause 2(x), and amend or revoke such designation.

REGULATIONS

11 (1) The Council may, subject to subsection (2), make regulations

(a) respecting membership in the Association, enrolment of members-in-training and the issuance of licences to practise, including, but not limited to, prescribing the qualifications, training, experience and any other requirements and conditions that must be met for

(i) registration, renewal and reinstatement of registration as a member of the Association,

(ii) enrolment and reinstatement of enrolment as a member-in-training,

(iii) the issuance, renewal and reinstatement of licences to practise, including conditions attaching to the issuance of such licences, and

(iv) registration as members of the Association of persons who, through specialized education, training and experience are skilled in the practice of professional geoscience,

and all ancillary matters of procedure;

(b) respecting categories and classes of

(i) membership in the Association, including, but not limited to, the categories of professional engineering and professional geoscience and sub-categories thereof, and providing for the establishment of additional categories or classes of membership,

(ii) licences to practise, including, but not limited to, licences to practise professional engineering and licences to practise professional geoscience and sub-categories thereof, and providing for the establishment of additional categories or classes of licences to practise,

(iii) members-in-training, and

(iv) certificates of authorization, including, but not limited to, certificates of engineering authorization and certificates of geoscience authorization and sub-categories thereof, and providing for the establishment of additional categories or classes of certificates of authorization, and providing for and prescribing terms, conditions, requirements, limitations and privileges attaching to any such classes, categories or sub-categories, the making of distinctions between and the differential regulation of classes, categories and sub-categories, and all ancillary matters of registration and procedure including, but not limited to, the form and issuance of certificates of registration, licences to practise and certificates of authorization;

(c) providing for and prescribing a program or programs of continuing professional education for members of the Association, persons licensed to practise and members-in- training, or classes or categories thereof, and requiring the completion of such programs;

(d) respecting professional liability insurance for members of the Association, persons licensed to practise and holders of certificates of authorization, or classes or categories thereof, including, but not limited to, prescribing the minimum requirements for professional liability insurance, requiring proof of such insurance and prescribing the form of such proof and the manner and time of delivery;

(e) providing for the establishment, prescription, amendment or repeal of a code of ethics for members of the Association, persons licensed to practise and members-in- training;

(f) respecting the practice of professional engineering and the practice of professional geoscience by partnerships, associations of persons and bodies corporate, or classes or categories thereof, including, but not limited to,

(i) providing for the establishment and differential regula- tion of classes or categories of such entities,

(ii) prohibiting the practice of professional engineering or professional geoscience by certain classes or categories of such entities,

(iii) prescribing conditions that must be met before such entities are authorized to undertake the practice of professional engineering or the practice of professional geoscience, and

(iv) prescribing qualifications, requirements and conditions under which such entities may engage in the practice of professional engineering or professional geoscience;

(g) respecting the offering to the public or engaging in the business of providing to the public services within the practice of professional engineering or the practice of professional geoscience by members of the Association, persons licensed to practise, partnerships, associations of persons and bodies corporate, or classes or categories thereof, including, but not limited to,

(i) providing for the establishment and differential regula- tion of classes or categories thereof,

(ii) prohibiting certain classes and categories from undertaking such activities,

(iii) prescribing the conditions that must be met before members, persons licensed to practise, partnerships, associations of persons and bodies corporate may undertake such activities,

(iv) prescribing qualifications, requirements and conditions under which such activities may be undertaken;

(h) respecting the suspension or cancellation of the certificate of registration of a member of the Association, the licence to practise of a person licensed to practise, the enrolment of a member-in-training or the suspension or revocation of a certificate of authorization, and the reinstatement thereof, and ancillary matters of procedure;

(i) providing for and prescribing forms, returns of information and other documents, and requiring their use;

(j) requiring compliance with any term, condition or other requirement set out in any certificate, licence or authorization issued or granted pursuant to this Act or the regulations;

(k) providing for and authorizing the means of examining and making determinations respecting the qualifications, training, experience, competency and suitability of persons seeking to be registered as members of the Association, enrolled as members-in-training or licensed to practise;

(l) requiring and regulating the signing, sealing or authentication by electronic or other means of plans, drawings, documents and designs by members, persons licensed to practise, or classes or categories thereof, specifying the forms of seals and the means of authentication, and respecting the issuance and ownership of seals;

(m) providing for the keeping and maintenance of the registers of members of the Association, members-in- training, persons licensed to practise, holders of certificates of authorization, classes or categories thereof and other classes or categories, including the form, contents and publication of such registers;

(n) respecting the Admissions Board, prescribing its duties and powers and providing for its composition, quorum, the qualifications and means of appointment of its members, their term or terms of office, the filling of vacancies and related matters of procedure;

(o) providing for and regulating the use of names, titles and designations by members of the Association, members- in-training, persons licensed to practise and holders of certificates of authorization;

(p) conferring upon officials, committees or other bodies of the Association such authority in relation to matters that may be the subject of regulations as is, in the opinion of the Council, advisable for the efficient administration of this Act and the regulations;

(q) providing for exemptions, in whole or in part, from any provision of this Act or the regulations for such classes, categories or sub-categories of persons, partnerships, associations of persons or bodies corporate or other entities as may be prescribed, including, but not limited to, categories, sub-categories or classes of members, persons licensed to practise, members-in-training and holders of certificates of authorization;

(r) respecting any matter or thing expressly required or authorized by any other provision of this Act to be the subject of a regulation;

(s) defining any word or expression used but not defined in this Act or better defining any word or expression defined in this Act;

(t) generally, as considered necessary or advisable by the Council for the carrying into effect of any provision of this Act, including, but not limited to, regulations respecting matters within or reasonably incidental to the objects and powers of the Association.

(2) Regulations made by the Council pursuant to this Section, or pursuant to other Sections of the Act that authorize the Council to make regulations, except Section 29, do not come into force until

(a) the regulations are approved by

(i) a majority of members of the Association who cast ballots in a vote conducted, by mail or other means, in accordance with the procedure prescribed by the by-laws or subsection 12(5), or

(ii) a majority of members of the Association present and voting at a meeting of the Association convened and conducted in accordance with the by-laws; and

(b) following the approval referred to in clause (a), the regulations are approved by the Governor in Council.

(3) Regulations made by the Council and approved pursuant to this Act are regulations within the meaning of the Regulations Act.

BY-LAWS

12 (1) The Council may, subject to subsection (4), make by-laws

(a) fixing the number of members of the Association to be elected to the Council, and determining whether the number of persons to be appointed to the Council shall be one or two;

(b) providing for, prescribing and regulating the qualifications, nomination, appointment and election of persons to the Council, their term of office, the disqualification of persons from sitting on the Council, the filling of vacancies on the Council and the definition of constituencies from which elected members of the Council shall be elected;

(c) providing for, prescribing and regulating the qualifications, nomination, appointment or election of all officers of the Association and the Council, including, but not limited to, the President, Vice-president, Executive Director, Secretary, Registrar and Treasurer, their term of office and the filling of vacancies in such positions;

(d) respecting the calling, holding, quorum and conduct of meetings of the Council, and the privileges and duties of members of the Council;

(e) respecting the calling, holding, quorum and conduct of meetings of the Association, including the annual meeting;

(f) prescribing the powers and duties of officers of the Association or of the Council, including, but not limited to, the President, Vice-president, Executive Director, Secretary, Registrar and Treasurer;

(g) respecting the establishment of committees, other than committees required to be established by regulation, prescribing their duties and powers and providing for their composition, quorums, the means of appointment of their members, their term of office, the filling of vacancies and related matters of procedure;

(h) respecting any matter or thing expressly required or authorized by this Act to be the subject of a by-law.

(2) In addition to the authority to pass by-laws that is conferred by subsection (1), the Council may, subject to subsection (4), make such by-laws as it considers are necessary or advisable respecting any matter or thing within or reasonably incidental to the objects and powers of the Association and not required by this Act to be the subject of a regulation, including, but not limited to, by-laws

(a) prescribing the seal and other insignia of the Association, and providing for their use;

(b) providing for the execution of documents by the Association;

(c) respecting banking and finance;

(d) fixing the financial year of the Association and providing for the audit of the accounts and transactions of the Association;

(e) respecting the expenditure, investment and reinvestment of the funds of the Association, and the safekeeping of its securities;

(f) respecting the borrowing of money by the Association and the giving of security therefor;

(g) providing for and prescribing forms, returns of information and other documents in matters relating to the by-laws, and requiring their use;

(h) providing for special classes or categories of membership in the Association to honour and recognize service to the Association, to the engineering profession or to the profession of geoscience, or to provide for special status for persons who have retired from the practice of professional engineering or professional geoscience, on such terms and conditions as are prescribed by by-law.

(3) The Council may make by-laws respecting

(a) procedures by which by-laws and the amendment and repeal of by-laws may be made and approved;

(b) procedures by which regulations and the amendment and repeal of regulations may be made and approved and the procedure for amending an agreement made pursuant to Section 28 or 29;

(c) the holding of votes of members of the Association by mail or by other means on any business of the Association, and prescribing the procedure for such voting, including, but not limited to, the holding of votes as expressly required or authorized by this Act for the approval of regulations and by-laws or for the approval of an agreement made pursuant to Section 28 or 29; and

(d) the calling, holding, quorum and conduct of meetings of the Association for the purpose of approving regulations or by-laws, or an agreement made pursuant to Section 28 or 29.

(4) An amendment or repeal of a by-law of the Association existing on the coming into force of this Act or a by-law made by the Council pursuant to subsection (1), (2) or (3), or any other provision of this Act, or an amendment or repeal of such by-law has effect when approved pursuant to subsection (5) or (6).

(5) A proposed by-law, or an amendment or repeal of a by-law, has effect when it is approved by a majority of the members of the Association who cast valid ballots approving the proposed by-law or the amendment or repeal of the by-law after a vote conducted in accordance with the following procedures:

(a) the proposed by-law, amendment or repeal shall be sent by ordinary mail by the Secretary in the form of a letter ballot to every member of the Association at the member's address according to the records of the Association and the ballot shall be returned by a date fixed by the Council;

(b) immediately after the date referred to in clause (a), scrutineers appointed by the Council shall count the ballots and report the result to the Council;

(c) if a majority of the valid ballots affirmatively approve of the proposed by-law, amendment or repeal, the by-law, amendment or repeal immediately has effect.

(6) A proposed by-law, or an amendment or repeal of a by-law, has effect when it is approved by

(a) a majority of the members of the Association who cast ballots in a vote conducted by mail or other means, in accordance with the procedure prescribed by a by-law made pursuant to subsection (3); or

(b) a majority of members of the Association present and voting at a meeting of the Association convened and conducted in accordance with the procedures prescribed by a by-law made pursuant to subsection (3).

(7) The Council is not required to exercise its powers or to fulfil its duties by by-law, except in relation to those matters enumerated in subsections (1) and (3).

(8) By-laws made pursuant to this Act are not regulations within the meaning of the Regulations Act.

MEMBERSHIP AND PRACTICE
13 (1) Any person is entitled to be registered as a member of the Association if that person

(a) is a citizen of Canada, is lawfully admitted to Canada for permanent residence or is otherwise eligible to be registered as a member by reason of falling within such other class or category of citizenship or residence as is prescribed by regulation;

(b) applies to be registered in the manner and form prescribed by the regulations;

(c) meets all requirements of this Act, the regulations and the by-laws, for registration as a member of the Association;

(d) tenders the fees and dues prescribed or provided for by by-law, the Council, or both;

(e) has complied with any conditions, and satisfied any requirements, imposed upon that person by a Discipline Committee acting pursuant to this Act and the regulations, and meets all requirements of the regulations respecting the registration as a member of the Association of a person whose certificate of registration has been cancelled or suspended for cause; and

(f) meets any other condition or requirement prescribed by the Council.

(2) A person shall, in the manner provided by the regulations, be registered as a member of the Association in one or more of the following categories:

(a) professional engineering;

(b) professional geoscience; or

(c) such other category or categories as may be established by regulation.

(3) Every person who, in the opinion of the Council, expressed by a resolution thereof, has complied with this Section shall be registered as a member of the Association in the manner prescribed by this Act and the regulations.

14 (1) Any person is entitled to be granted a licence to practise if that person

(a) applies for a licence to practise in the manner and form prescribed by the regulations;

(b) meets all requirements of this Act, the regulations and the by-laws, for issuance of a licence to practise;

(c) has tendered the fees and dues prescribed or provided for by by-law, the Council, or both;

(d) has complied with any conditions, and satisfied any requirements, imposed upon that person by a Discipline Committee acting pursuant to this Act and the regulations, and meets all requirements of the regulations respecting the issuance of a licence to practise to a person whose licence to practise has been cancelled or suspended for cause; and

(e) meets any other condition or requirement prescribed by the Council.

(2) Licences to practise shall, in the manner provided by the regulations, be granted in the following categories:

(a) licence to practise professional engineering;

(b) licence to practise professional geoscience; or

(c) such other category or categories as may be established by regulation.

(3) Every person who, in the opinion of the Council, expressed by a resolution thereof, has complied with this Section shall be granted, in the manner prescribed by this Act and the regulations, a licence to practise.

15 (1) Any person is entitled to be enrolled with the Association as a member-in-training if that person

(a) has applied for enrolment in the manner and form prescribed by the regulations or the by-laws;

(b) meets all of the requirements of this Act, the regulations and the by-laws for enrolment;

(c) has tendered the fees and dues prescribed or provided for by by-law, the Council, or both;

(d) has complied with all conditions, and satisfied all requirements, imposed upon that person by a Discipline Committee acting pursuant to this Act and the regulations, and meets all requirements of the regulations respecting the enrolment as a member-in-training of a person whose enrolment has been cancelled or suspended for cause; and

(e) meets all other conditions or requirements prescribed by the Council.

(2) A person shall, in the manner provided by the regulations, be enrolled as a member-in-training in one or more of the following categories:

(a) professional engineering;

(b) professional geoscience; or

(c) such other category or categories as may be established by regulation.

(3) Every person who, in the opinion of the Council, expressed by a resolution thereof, has complied with subsection (1), shall be enrolled as a member-in-training in the manner prescribed by this Act and the regulations.

(4) A member-in-training shall be subject to the control of the Council in the manner provided for by this Act and the regulations.

16 (1) A partnership, association of persons or body corporate shall not as such be registered as a member of the Association or licensed to practise.

(2) A partnership, association of persons or body corporate may engage in the practice of professional engineering provided that

(a) the partnership, association of persons or body corporate meets all conditions and requirements prescribed by or pursuant to the regulations;

(b) the practice of professional engineering is carried on under the direct supervision of a member of the Association who holds a certificate of professional engineering registration or who is the holder of a licence to practise professional engineering; and

(c) the practice of professional engineering by the partnership, association of persons or body corporate is conducted in compliance with all conditions, requirements and limitations prescribed by or pursuant to the regulations.

(3) A partnership, association of persons or body corporate may engage in the practice of professional geoscience provided that

(a) the partnership, association of persons or body corporate meets all conditions and requirements prescribed by or pursuant to the regulations;

(b) the practice of professional geoscience is carried on under the direct supervision of a member of the Association who holds a certificate of professional geoscience registration or who is the holder of a licence to practise professional geoscience; and

(c) the practice of professional geoscience by the partnership, association of persons or body corporate is conducted in compliance with all conditions, requirements and limitations prescribed by or pursuant to the regulations.

17 For greater certainty, the relationship of a member of the Association, person licensed to practise or a member-in-training to a partnership, association of persons or body corporate does not affect, modify or diminish the application to the member, person licensed to practise or member-in-training of this Act, the regulations, the by-laws or a code of ethics.

18 (1) The Registrar shall, in the manner provided by the regulations, keep a register for each of the following:

(a) members of the Association who hold certificates of professional engineering registration;

(b) members of the Association who hold certificates of professional geoscience registration;

(c) persons who hold licences to practise professional engineering;

(d) persons who hold licences to practise professional geoscience;

(e) partnerships, associations of persons and bodies corporate holding certificates of engineering authorization;

(f) partnerships, associations of persons and bodies corporate holding certificates of geoscience authorization;

(g) such other classes or categories of members, persons licensed to practise or holders of certificates of authorization as may be established by regulation;

(h) such other purpose as may be required by or pursuant to this Act.

(2) The registers referred to in subsection (1) shall be open to public inspection at reasonable times without charge.

(3) The Registrar shall enter in the appropriate register the names of

(a) persons whose registration as a member of the Association in the category of

(i) professional engineering,

(ii) professional geoscience, or

(iii) such other category or categories as may be established by regulation,

has been approved by resolution of the Council;

(b) persons to whom issuance of a licence to practise in the category of

(i) professional engineering,

(ii) professional geoscience, or

(iii) such other category or categories as may be established by regulation,

has been approved by resolution of the Council;

(c) partnerships, associations of persons or bodies corporate to which issuance of a certificate of authorization in the category of

(i) engineering,

(ii) geoscience, or

(iii) such other category or categories as may be established by regulation,

has been approved by the Registrar.

(4) The Registrar shall issue a certificate of professional engineering registration or a licence to practise professional engineering, as the case may be, to a person whose registration as a member of the Association in the category of professional engineering or to a person to whom the granting of a licence to practise professional engineering, as the case may be, has been approved by resolution of the Council pursuant to this Act.

(5) The Registrar shall issue a certificate of professional geoscience registration or a licence to practise professional geoscience, as the case may be, to a person whose registration as a member of the Association in the category of professional geoscience or to a person to whom the granting of a licence to practise professional geoscience, as the case may be, has been approved by resolution of the Council pursuant to this Act.

(6) The Registrar shall issue a certificate of registration or a licence to practise in cases where the registration or licensing, as the case may be, has been approved by resolution of the Council in respect of such other category of registration or licensing as may be established by regulation.

(7) All certificates of registration and licences to practise shall expire on December 31st of the year for which they are issued, but shall be renewable by the Registrar for one year, from year to year, where the holder thereof meets the requirements of this Act and the regulations for renewal of registration as a member or issuance of a licence to practise, as the case may be.

(8) In addition to the power to make regulations conferred by other provisions of this Act, the Council may make regulations governing the issuance, suspension, revocation, reinstatement and renewal of certificates of registration and licences to practise, including, but not limited to, regulations

(a) empowering the Registrar, or such committee as may be established by the Council for the purpose, to revoke or suspend a certificate of registration, a licence to practise or enrolment of a member-in-training, where the member of the Association, person licensed to practise or member- in-training, as the case may be, does not meet or ceases to meet the requirements for registration, licensing or membership-in-training, as the case may be, and providing for the reinstatement of registration, licence to practise or membership-in-training;

(b) prescribing the procedure governing the revocation, suspension and reinstatement of a certificate of registration or licence to practise under regulations made pursuant to clause (a).

19 (1) No partnership, association of persons or body corporate shall offer to the public, or engage in the business of providing to the public, services that are within the practice of professional engineering except under and in accordance with a certificate of engineering authorization.

(2) No partnership, association of persons or body corporate shall offer to the public, or engage in the business of providing to the public, services that are within the practice of professional geoscience except under and in accordance with a certificate of geoscience authorization.

(3) The Registrar shall issue to a partnership, association of persons or body corporate a certificate of authorization where that partnership, association of persons or body corporate

(a) has made application for a certificate of authorization in the manner and form prescribed by the regulations;

(b) meets all requirements of the regulations pertaining to the issuance of certificates of authorization;

(c) has tendered the fees prescribed or provided for by by-law, the Council, or both;

(d) has complied with all conditions, and satisfied all requirements, imposed in connection with a suspension or cancellation of a certificate of authorization previously issued, and meets the requirements of the regulations pertaining to issuance or reinstatement of a certificate of authorization in such circumstances; and

(e) meets all other conditions and requirements prescribed by the Council.

(4) Certificates of authorization shall be issued in the following categories:

(a) engineering;

(b) geoscience; or

(c) such other category or categories as may be established by regulation.

(5) All certificates of authorization expire on December 31st of the year for which they are issued, but shall be renewable by the Registrar for one year, from year to year, where the holder of the certificate of authorization meets the requirements of this Act and the regulations for the renewal of such certificates and has tendered the required fees.

(6) In addition to the power to make regulations conferred by this Act, the Council may make regulations governing the issuance, suspension, revocation, reinstatement and renewal of certificates of authorization including, but not limited to, regulations

(a) empowering the Registrar, or such committee as may be established by the Council for the purpose, to revoke or suspend a certificate of authorization where the holder of that certificate does not meet or ceases to meet the requirements for issuance or renewal of a certificate of authorization, providing for reinstatement of the certificate of authorization and prescribing conditions for the reinstatement of such certificate;

(b) prescribing the procedure governing the revocation, suspension or reinstatement of certificates of authorization.

(7) For greater certainty, and without limiting the generality of this Section, this Section applies to all partnerships, associations of persons and bodies corporate, including those partnerships, associations of persons and bodies corporate authorized to engage in the practice of professional engineering or the practice of professional geoscience pursuant to Section 16.

MEETINGS

20 (1) The Association shall, in the manner provided by the by-laws, hold annual meetings and may, in the manner provided by the by-laws or this Act, hold such other meetings as are necessary or desirable for the conduct of the business of the Association.

(2) Only members of the Association shall be entitled to vote at a meeting of the Association, in an election or in a vote by mail or other means authorized or required to be held pursuant to this Act.

ADMISSIONS BOARD

21 (1) The Council shall, in the manner provided by the regulations, appoint annually an Admissions Board.

(2) No person shall be appointed or hold office as a member of the Admissions Board unless that person meets all requirements of the regulations relating to qualifications of members of the Admissions Board, and is resident in the Province.

(3) The members of the Board of Examiners of the Association of Professional Engineers of Nova Scotia who are in office immediately before the coming into force of this Act constitute the Admissions Board and are deemed to hold office under this Act and the regulations until the expiration of the term for which they were appointed or until their positions otherwise become vacant.

22 (1) The Admissions Board shall, in the manner provided by the regulations,

(a) examine and report on all degrees, diplomas, certificates, experience and other credentials presented or given in evidence for the purpose of obtaining registration as a member of the Association, the granting of a licence to practise or enrolment as a member-in-training; and (b) set and conduct the examination of candidates for registration as a member of the Association, the granting of a licence to practise and enrolment as a member-in-training, and record and report on the results thereof.

(2) The Admissions Board may, in the manner provided by the regulations, establish committees or sub-committees to evaluate, report to and advise the Admissions Board concerning academic credentials, experience or other matters relevant to the qualifications of applicants for registration as a member, the granting of a licence to practise or enrolment as a member-in-training.

(3) The Admissions Board has such further or other powers and duties as are conferred or imposed upon it by or pursuant to this Act, the regulations or the by-laws.

23 The Council has power to establish jointly with any council of any association similarly constituted in one or more of the provinces of Canada, a central examining board, and to delegate to such central examining board all or any of the powers possessed by the Association in respect of the examination of candidates for membership or enrolment as a member-in-training, provided that the examination is held within the Province.

DISCIPLINE

24 (1) The Council shall, in the manner provided by the regulations, establish an Investigation Committee and appoint the members of the committee.

(2) There shall be a Discipline Committee of the Association the members of which shall be elected in the manner provided by the regulations from a list of candidates who are considered qualified by the Council.

(3) Notwithstanding anything contained in this Act, the members of the complaints committee of the Association of Professional Engineers of Nova Scotia who were elected and in office immediately before the coming into force of this Act continue as the members of the Discipline Committee and are deemed to be elected pursuant to subsection (2) until the expiration of the term for which they were elected, or until the office otherwise becomes vacant, and any other or additional persons elected pursuant to this Act begin to serve as members of the Discipline Committee from the date of their election.

(4) The composition, quorum, conduct, procedure and powers and duties of the committees referred to in subsections (1) and (2), the means of appointment or election of the members of such committees, their qualifications and their term of office, the filling of vacancies and the establishment of panels thereof to exercise the powers and fulfil the duties of such committees, shall be as provided by the regulations.

(5) Without limiting the generality of subsection (10), the committees referred to in subsections (1) and (2) including, for greater certainty, panels thereof established pursuant the regulations, may, to the extent provided by the regulations, have and exercise the following powers:

(a) in the case of the Investigation Committee, power to investigate, report on, refer, dismiss or otherwise dispose of complaints, allegations or other reports or information respecting unprofessional conduct or incompetence on the part of a member of the Association, person licensed to practise or a member-in-training; (b) in the case of the Discipline Committee, power to hear, make findings respecting, adjudicate, dismiss or otherwise dispose of complaints, allegations or other reports or information respecting unprofessional conduct or incompetence on the part of a member of the Association, person licensed to practise or a member-in-training, power to make orders and directions related thereto and, where the Discipline Committee makes a finding that a member of the Association or person licensed to practise is guilty of either unprofessional conduct or incompetence, or both, power to order the imposition of sanctions, penalties and remedial measures, which sanctions, penalties and remedial measures may include, but are not limited to, any one or more of the following:

(i) cancellation of the certificate of registration of a member of the Association, the licence of a person licensed to practise or the enrolment of a member-in-training,

(ii) suspension, for a fixed period, of the certificate of registration of a member of the Association, the licence of a person licensed to practise or the enrolment of a member- in-training,

(iii) suspension of the certificate of registration of a member of the Association, the licence of a person licensed to practise or the enrolment of a member-in-training until the fulfilment of such condition or conditions as may be specified by the Discipline Committee including, but not limited to, the payment to the Association of any fine or costs, or both, as may be imposed by the Discipline Committee,

(iv) a direction that the imposition of a sanction or remedial measure be suspended or postponed for such period and upon such terms or for such purpose as the Discipline Committee considers appropriate,

(v) the reprimanding, admonishment or counselling of a member of the Association, person licensed to practise or a member-in-training,

(vi) the imposition of a fine, not exceeding ten thousand dollars, payable to the Association within such time as is ordered by the Discipline Committee,

(vii) the imposition of terms, conditions or limitations on the entitlement of a member of the Association or person licensed to practise to carry on the practice of professional engineering or professional geoscience or to provide services within the practice of professional engineering or the practice of professional geoscience to the public, or both, including, but not limited to, the successful comple- tion of a course or courses of study, as specified by the Discipline Committee,

(viii) the fixing and imposition of costs to be paid to the Association by the member of the Association, the person licensed to practise or the member-in-training within such time as is ordered by the Discipline Committee.

(6) A fine or costs ordered to be paid to the Association under or pursuant to regulations made pursuant to this Section is a debt due to the Association, and in addition to any other remedy that may be available for the non-payment of such fine or costs in accordance with the order of the Discipline Committee, the Association may recover the fine or costs by civil action for debt.

(7) The Investigation Committee and the Discipline Committee, and panels thereof, have all of the powers, privileges and immunities of commissioners appointed under the Public Inquiries Act, including, but not limited to, the same powers of taking evidence, compelling the attendance of witnesses and the production of books, papers and documents and of punishing for contempt for the failure to comply with orders of the committee, or panel, as the case may be.

(8) The jurisdiction of the Investigation Committee and of the Discipline Committee is not affected by the fact that a person who is the subject of a complaint, allegation or other report or information respecting unprofessional conduct or incom- petence made under or pursuant to regulations enacted pursuant to this Section ceases to be registered as a member of the Association, licensed to practise or enrolled as a member-in-training.

(9) The Council may, in the manner provided by the regulations, appoint a mediator who has those powers and duties conferred or imposed by the regulations respecting the investigation, mediation, settlement and referral of complaints, allegations or other reports or information respecting unprofessional conduct or incompetence on the part of a member of the Association, person licensed to practise or member-in-training.

(10) In addition to the power to make regulations conferred by other provisions of this Act, the Council may make regulations providing for all matters relating to the investigation, mediation, settlement, adjudication or other resolution or disposition of complaints, allegations or information respecting unprofessional conduct or incompetence on the part of members of the Association, persons licensed to practise and members-in-training, and the imposition of sanctions, penalties or remedial actions, including, but not limited to, regulations

(a) prescribing the form in which complaints, allegations or information respecting unprofessional conduct or incompetence shall be made for all purposes of this Section or regulations made pursuant to it;

(b) prescribing procedures for the investigation, mediation, settlement, adjudication or other resolution or disposition of complaints, allegations or information respecting unprofessional conduct or incompetence, including, but not limited to, procedures governing the conduct of the mediator and the proceedings and conduct of the Investigation Committee and Discipline Committee;

(c) defining unprofessional conduct and incompetence on the part of members of the Association, persons licensed to practise and members-in-training for the purpose of this Act and the regulations and, without limiting the generality of the foregoing, unprofessional conduct or incompetence may be defined to include categories of acts or omissions that, in the opinion of the Discipline Committee, constitute unprofessional conduct or incompetence;

(d) providing for the appointment of a mediator, and prescribing the powers and duties of the mediator for the investigation, mediation, settlement or referral of complaints, allegations or other reports or information respecting unprofessional conduct or incompetence, and prescribing the term of office of the person or persons appointed to such position, and the filling of vacancies in the position;

(e) establishing the Investigation Committee and providing for the establishment of panels thereof, and prescribing the powers and duties of that Committee to investigate, report on, refer, dismiss or otherwise dispose of complaints, allegations or other reports or information respecting unprofessional conduct and incompetence, and prescribing the composition of the Committee, quorums, the means of appointment of members, their term or terms of office, the filling of vacancies and related matters of procedure;

(f) providing for the establishment of panels of the Discipline Committee with power to hear, make findings respecting, adjudicate and dispose of complaints or allegations of unprofessional conduct and incompetence, and power to impose sanctions, penalties or remedial measures and make orders and give directions in respect thereof, and prescribing the composition of the Discipline Committee, quorums, the means of election of members, their term or terms of office, the filling of vacancies and related matters of procedure;

(g) prescribing the sanctions, penalties or remedial measures that the Discipline Committee may impose upon or require of a member of the Association, a person licensed to practise or a member-in-training in respect of whom a finding of unprofessional conduct or incompetence, or both, is made by the Discipline Committee and providing for other orders and directions that may be imposed or given by that Committee;

(h) respecting the giving of public or other notice of decisions, orders or findings of the Investigation Committee and the Discipline Committee;

(i) generally, conferring such duties and powers on officers, committees, including the Investigation Committee and the Discipline Committee, or other bodies of the Association as may appear advisable for the implementation of this Section and of regulations made pursuant to it;

(j) respecting the registration, licensing to practise or enrolment as a member-in-training of persons whose certificate of registration, licence to practise or enrolment as a member-in-training has been cancelled or suspended by order of the Discipline Committee.

(11) For the purpose of this Section, "persons licensed to practise" includes a reference to a person, partnership, association of persons or body corporate who or that is authorized to engage in the practice of architecture and has been authorized to engage in the practice of professional engineering pursuant to regulations made and approved pursuant to Section 29.

25 (1) An appeal lies to a judge of the Supreme Court of Nova Scotia from any decision or order of the Discipline Committee, except from such decisions and orders as are prescribed by the regulations.

(2) An appeal pursuant to subsection (1) shall be taken by notice of appeal filed with the prothonotary of the Supreme Court and served on the Registrar within thirty days of the day when the decision or order was made by the Discipline Committee.

(3) Upon receipt of a notice of appeal, the Registrar shall, as soon as practicable, file with the prothonotary of the Supreme Court the record of proceedings before the Discipline Committee, including all testimony given and exhibits entered in evidence before the Committee, together with a copy of the decision or order from which the appeal is taken.

(4) The judge may decide the matter on the basis of the record furnished pursuant to subsection (3) or after hearing de novo, as the judge thinks fit.

(5) The judge, on hearing the appeal, may do any or all of the following:

(a) make any finding that, in the judge's opinion, ought to have been made;

(b) quash, confirm or vary the decision or order of the Discipline Committee, or any part thereof;

(c) refer the matter back to the Discipline Committee, with or without directions;

(d) make any other order that the justice of the case requires.

(6) The costs of the appeal are in the discretion of the judge.

26 (1) An appeal lies to a judge of the Supreme Court of Nova Scotia from

(a) the refusal of the Council to pass a resolution authorizing a person to be registered as a member of the Association or licensed to practise, the refusal of the Registrar to register or issue a certificate of registration or licence to practise to such a person and the refusal of the Registrar to renew a certificate of registration or licence to practise;

(b) the refusal of the Registrar to register or to issue a certificate of authorization to a partnership, association of persons or body corporate, or to renew a certificate of authorization;

(c) the suspension or revocation of, or the refusal to reinstate, a certificate of registration, licence to practise or certificate of authorization by the Registrar or by a committee acting under regulations made pursuant to subsection 18(8) or 19(6); and

(d) such other decisions, as may be prescribed by regulation, of the Council, of the Registrar or a committee established under regulations made pursuant to subsection 18(8) or 19(6) or of any other committee, official or other body established or appointed pursuant to this Act.

(2) An appeal pursuant to subsection (1) shall be taken by notice of appeal filed with the prothonotary of the Supreme Court and served on the Registrar within thirty days of the day when the decision of the Council, the Registrar or the committee, as the case may be, is made.

(3) Upon receipt of a notice of appeal, the Registrar shall, as soon as practicable, file with the prothonotary of the Supreme Court copies of all documents or materials in the possession of the Registrar touching on the subject-matter of the appeal.

(4) The judge may decide the matter on the basis of the documents or materials furnished pursuant to subsection (3) or after hearing de novo, as the judge thinks fit.

(5) The judge, on hearing the appeal, may do any or all of the following:

(a) make any finding or decision that, in the judge's opinion, ought to have been made;

(b) quash, confirm or vary the decision of the Council, the Registrar or the committee, as the case may be, or any part thereof;

(c) refer the matter back to the Council, the Registrar or the committee, as the case may be, with or without directions;

(d) make any other order that the justice of the case requires.

(6) The costs of the appeal are in the discretion of the judge.

FEES AND DUES

27 (1) The Council may fix, levy, collect and prescribe exemptions from payment of fees and charges from time to time to be paid by a person, partnership, body corporate or association of persons, as the case may be, in respect of

(a) an application for registration as a member of the Association, issuance of a licence to practise or enrolment as a member-in-training;

(b) an application for reinstatement of a certificate of registration, reinstatement of a licence to practise or enrolment as a member-in-training under such circumstances as may be prescribed by the Council;

(c) an application for the issuance or renewal of a certificate of authorization or the reinstatement thereof;

(d) the writing of any examination required by any body or official of the Association or pursuant to this Act, the regulations or the by-laws;

(e) the late payment charge or charges for payment of fees, charges or annual dues after the date prescribed by the by-laws or by the Council for payment;

(f) any other matter or thing relating to the administration of this Act, the regulations or the by-laws, as determined by the Council, except the annual dues to be paid by a member, person licensed to practise or member-in-training.

(2) The Council may make by-laws authorizing the fixing, levying and collecting of annual dues to be paid by members of the Association, persons licensed to practise and members-in- training, providing for the manner in which annual dues shall be fixed, levied and collected and prescribing exemptions from payment of annual dues.

(3) Without limiting the generality of subsection (1) or (2) or any other provision of this Act, the Council may, in the exercise of its powers under subsections (1) and (2), differentiate between or among classes and categories of members of the Association, certificates of registration, licences to practise, holders of licences to practise, certificates of authorization and holders of certificates of authorization.

TECHNICAL AND ALLIED ACTIVITIES

28 (1) The purpose of this Section is to provide for

(a) the specialized or additional regulation of fields of technical activity within the practice of professional engineering or the practice of professional geoscience, including, but not limited to, the field of engineering technology and of persons or other entities engaged in carrying on activities within such fields; and

(b) the regulation of professional, scientific or technical fields or areas of specialized knowledge or practice that are related to or allied with the practice of professional engineering or the practice of professional geoscience and the governance of persons or other entities engaged in or carrying on activities within such fields or areas.

(2) In this Section, "technical or allied activity" means

(a) a field of technical activity within the practice of professional engineering or the practice of professional geoscience, including, but not limited to, the field of engineering technology; or

(b) a professional, technical or scientific field or area that is related to or allied with the practice of professional engineering or the practice of professional geoscience, except for any field or area of specialized knowledge that is subject to professional self-regulation pursuant to another Act of the Legislature.

(3) Without limiting the generality of the powers conferred upon the Association by any other provision of this Act, the Association may enter into an agreement with a society or other body corporate whose membership consists of persons engaged in a technical or allied activity within the Province, containing terms for the regulation of the technical or allied activity and of persons or other entities engaged in or carrying on the technical or allied activity.

(4) An agreement made pursuant to subsection (3) may include such terms and conditions as are, in the opinion of the parties to the agreement, in furtherance of the purpose and intent of this Section and consistent with the public interest in relation to the regulation and delivery of services within the practice of professional engineering or the practice of professional geoscience, or both, and the technical or allied activity that is the subject of the agreement.

(5) An agreement concluded pursuant to subsection (3) shall not come into effect unless and until

(a) the agreement is approved by

(i) a majority of the members of the Association casting ballots in a vote conducted by mail or other means in accordance with the procedure prescribed by the by-laws or subsection 9(5), or

(ii) a majority of members of the Association present and voting at a meeting of the Association convened and conducted in accordance with the by-laws;

(b) the Governor in Council is satisfied that the agreement has received the approval of a majority of the persons engaged in the technical or allied activity that is the subject of the agreement; and

(c) upon the requirements of clauses (a) and (b) being met, the agreement is approved by the Governor in Council.

(6) Where an agreement is approved pursuant to subsection (5), the Council may make regulations not inconsistent with the agreement providing for regulation of the carrying on of the technical or allied activity and the governance of persons or other entities carrying on or engaged in the technical or allied activity, including, but not limited to, regulations

(a) respecting the governance, conduct, registration, licensing and discipline of persons engaged in the technical or allied activity, including, without limiting the generality of the foregoing, providing for the imposition of sanctions, penalties or remedial measures;

(b) providing for the appointment of such officials or the establishment of such committees or boards as may be necessary or desirable for the regulation of the technical or allied activity and of persons or other entities engaged therein, and prescribing the powers, duties and procedures of such officials, committees or boards;

(c) respecting terms, conditions and requirements under which persons or other entities are entitled to engage in the technical or allied activity, to hold themselves out as so entitled and to use names, titles and designations in the carrying on of the technical or allied activity, including, but not limited to, academic qualifications and experience, and providing for the suspension or termination of such entitlement;

(d) respecting the standards of practice, competence and conduct, and performance standards and technical standards, for the technical or allied activity and for persons or other entities engaged in the technical or allied activity;

(e) defining the scope of a technical or allied activity and restricting the carrying on of activities within the defined scope to persons or other entities who are members of a prescribed class and who comply, to the extent prescribed by the regulations, with this Act, the regulations and the by-laws;

(f) providing for and regulating the use of names, titles and designations in the carrying on of the technical or allied activity or the holding out of an entitlement to carry on the technical or allied activity and restricting their use to persons who are members of a prescribed class and who comply, to the extent prescribed by the regulations, with this Act, the regulations and the by-laws;

(g) providing for membership in the Association of persons engaged in or carrying on the technical or allied activity, prescribing the terms and conditions of their membership, the privileges and duties attaching thereto and providing for all matters ancillary thereto;

(h) providing for the application or modified application of this Act, the regulations and the by-laws to the carrying on of a technical or allied activity and to persons carrying on or engaged in a technical or allied activity or for the exemption of such persons, in whole or in part, from the requirements of this Act, the regulations or the by-laws;

(i) respecting any other matter or thing that the Council considers advisable for the regulation of the technical or allied activity or for the governance of persons engaged therein, or otherwise to be in furtherance of the purpose and intent of this Section or conducive to the carrying into effect of an agreement approved pursuant to subsection (5).

(7) For greater certainty, nothing in this Section

(a) is intended to imply or shall be construed to mean that any technical field of activity within the practice of professional engineering or the practice of professional geoscience is exempt from or beyond the scope of this Act, and this Act, the regulations and by-laws apply with full force and effect to all such fields of activity, except as expressly provided otherwise by regulation; or

(b) authorizes or permits an agreement to be made pursuant to subsection (3) or regulations to be made pursuant to subsection (6), that apply or extend, in whole or in part, to any field of specialized knowledge or activity that is subject to professional self-regulation pursuant to another Act of the Legislature.

INTERPROFESSIONAL RELATIONS (ARCHITECTURE)

29 (1) In this Section,

(a) "Agreement" means an agreement made pursuant to subsection (3);

(b) "Association of Architects" means the Nova Scotia Association of Architects as continued by the Architects Act;

(c) "interprofessional practice" includes, but is not limited to,

(i) the practice of professional engineering or the offering to the public, or engaging in the business of providing to the public, services that are within the practice of professional engineering by persons, partnerships, associations of persons or bodies corporate holding and acting under a certificate of practice issued pursuant to the Architects Act, and

(ii) the practice of architecture or the offering to the public, or engaging in the business of providing to the public, services that are within the practice of architecture, by holders of certificates of professional engineering registration, licences to practise professional engineering and certificates of engineering authorization.

(2) The purpose of this Section is to enable the Association and the Association of Architects jointly to provide for the regulation, governance and administration of the engineering and architectural professions in respect of matters or areas of common professional interest or practice.

(3) Without limiting the generality of the powers conferred upon the Association by any other provision of this Act, the Association may enter into an Agreement with the Association of Architects in furtherance of the purpose and intent of this Section respecting, among other things, the interrelationship of the Association and the Association of Architects and their respective members, holders of a certificate of practice, licensees and other entities falling within their respective regulatory jurisdictions, the interrelationship of the practice of professional engineering and the practice of architecture, the interprofessional practice of professional engineering and architecture and the respective roles of architects and professional engineers in respect of the planning, design, erection, construction and alteration of buildings and additions thereto and, without limiting the generality of the foregoing, the Agreement may contain terms providing for

(a) the circumstances in which, and the extent to which, persons, partnerships, associations of persons and bodies corporate authorized under this Act to engage in the practice of professional engineering may engage in the practice of architecture and hold themselves out as so entitled;

(b) the circumstances in which, and the extent to which, persons, partnerships, associations of persons and bodies corporate, authorized to engage in the practice of architecture may engage in the practice of professional engineering and hold themselves out as so entitled;

(c) the circumstances in which, and the extent to which, holders of certificates of professional engineering registration, holders of licences to practise professional engineering and holders of certificates of engineering authorization may offer to the public, or engage in the business of providing to the public, services that are within the practice of architecture;

(d) the circumstances in which, and the extent to which, persons, partnerships, associations of persons or bodies corporate authorized to engage in the practice of architecture may offer to the public, or engage in the business of providing to the public, services that are within the practice of professional engineering;

(e) the establishment and differential regulation of classes and categories of persons and entities referred to in clauses (a), (b), (c) and (d);

(f) the qualifications, requirements and conditions that must be met before the persons and entities referred to in clauses (a), (b), (c) or (d) are authorized to engage in the activities respectively referred to therein and the requirements, conditions and limits under which such persons and entities may engage in such activities;

(g) the conferring upon officials, committees or other bodies of such powers and duties as are conducive to the carrying into effect of the intent and purpose of this Section and an Agreement;

(h) all matters of registration, licensing and authorizing activities referred to in this Section, the signing and sealing of plans, drawings, designs and documents and other matters of administration and procedure relating to the subject-matter of an Agreement;

(i) the establishment of a joint practice board, including its composition, quorum, the appointment and terms of the members, the filling of vacancies and related matters of procedure, and conferring upon the board such powers and duties as are conducive to the carrying into effect of the intent and purpose of this Section and an Agreement, including, but not limited to, power to mediate disputes with respect to the regulation of professional activities of architects and professional engineers, to examine, advise and report to the Association of Architects and the Association concerning all matters of interprofessional practice and inter-professional relations and to make representations to third parties on behalf of the Association of Architects and the Association;

(j) generally, the governance, regulation and discipline of persons, partnerships, associations of persons and bodies corporate authorized or proposed to be authorized by or pursuant to an Agreement to engage in the practice of professional engineering or the practice of architecture;

(k) the commencement or staying of proceedings under this Act or regulations made and approved pursuant to this Section;

(l) appeals to the Supreme Court of Nova Scotia from decisions and determinations made under or pursuant to regulations made and approved pursuant to this Section;

(m) the application or varied application of, or exemption in whole or in part from, this Act, the regulations or the by-laws in respect of activities, matters, things, persons, partnerships, associations of persons, bodies corporate or other entities, to the extent considered by the Association to be advisable to give effect to the purpose and intent of this Section or an Agreement, and prescribing the extent of such application, varied application or exemption.

(4) An Agreement, an amendment thereto or the termination thereof does not come into effect unless and until

(a) it is approved by

(i) a majority of the members of the Association casting ballots in a vote conducted by mail or other means in accordance with the procedure prescribed by the by-laws or subsection 9(5), or

(ii) a majority of members of the Association present and voting at a meeting of the Association convened and conducted in accordance with the by-laws;

(b) it is approved by the Association of Architects in the manner provided by the Architects Act; and

(c) following the approvals referred to in clauses (a) and (b), it is approved by the Governor in Council.

(5) Where an Agreement approved pursuant to subsection (4), or any portion thereof, is expressed by the terms of the Agreement to be intended by the Association and the Association of Architects to have the force and effect of regulations, the Agreement, or designated portion thereof, constitutes regulations made pursuant to this Act that may be amended or repealed only by an Agreement that is intended to have the force and effect of regulations and that is approved pursuant to subsection (4).

(6) Sections 30, 32, 34 and 36 do not apply to prevent persons, partnerships, associations of persons or bodies corporate authorized under the Architects Act to engage in the practice of architecture from preparing or providing a design for and carrying out the general review of the construction or alteration of or addition to a building in accordance with regulations made pursuant to this Section.

ENFORCEMENT

30 Any person to whom a certificate of professional engineering registration has not been issued, or who does not hold a licence to practise professional engineering or whose certificate of professional engineering registration or licence to practise professional engineering has been suspended or cancelled pursuant to this Act, who

(a) engages in the practice of professional engineering;

(b) uses verbally or otherwise the title of professional engineer or any abbreviation of such title;

(c) uses verbally or otherwise the title of engineer or any title that includes the word engineer, except pursuant to an Act of the Parliament of Canada or an Act of the Legislature;

(d) uses verbally or otherwise any name, title, description or designation that may lead any person to believe that such person is a professional engineer or entitled to engage in the practice of professional engineering; or

(e) advertises, holds himself or herself out or engages in conduct in any way that implies or leads or may lead any other person to believe that such person is a professional engineer or entitled to engage in the practice of professional engineering,

is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than two thousand dollars and not more than ten thousand dollars and costs, and on failure to pay the same, to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than twenty-five thousand dollars and costs, and on failure to pay the same, to imprisonment for a period of not more than six months.

31 Any person to whom a certificate of professional geoscience registration has not been issued, or who does not hold a licence to practise professional geoscience or whose certificate of professional geoscience registration or licence to practise professional geoscience has been suspended or cancelled pursuant to this Act, who

(a) engages in the practice of professional geoscience;

(b) uses verbally or otherwise the title of professional geoscientist or any abbreviation of such title;

(c) uses verbally or otherwise any name, title, description or designation that may lead any person to believe that such person is a professional geoscientist or entitled to engage in the practice of professional geoscience; or

(d) advertises, holds himself or herself out or engages in conduct in any way that implies or leads or may lead any other person to believe that such person is a professional geoscientist or entitled to engage in the practice of professional geoscience,

is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than two thousand dollars and not more than ten thousand dollars and costs, and on failure to pay the same, to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than twenty-five thousand dollars and costs, and on failure to pay the same, to imprisonment for a period of not more than six months.

32 Any partnership, association of persons or body corporate that

(a) engages in the practice of professional engineering, except under the direct supervision of a member who holds a certificate of professional engineering registration or a person licensed to practise professional engineering; or

(b) engages in the practice of professional engineering contrary to the regulations,

and every partner, member and director of any such partnership, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and on failure to pay the same to imprisonment for a period of not more than six months.

33 Any partnership, association of persons or body corporate that

(a) engages in the practice of professional geoscience, except under the direct supervision of a member who holds a certificate of professional geoscience registration or a person licensed to practise professional geoscience; or

(b) engages in the practice of professional geoscience contrary to the regulations,

and every partner, member and director of any such partnership, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and on failure to pay the same to imprisonment for a period of not more than six months.

34 Any partnership, association of persons or body corporate that is not acting under and in accordance with a certificate of engineering authorization and

(a) offers to the public, or engages in the business of providing to the public, services that are within the practice of professional engineering;

(b) uses a name, title, description or designation that leads or may lead any person to believe that the partnership, association of persons or body corporate provides or may provide services to the public that are within the practice of professional engineering; or

(c) advertises, holds itself out or conducts itself in any way that implies or leads or may lead any person to believe that the partnership, association of persons or body corporate provides or may provide services to the public that are within the practice of professional engineering,

and every partner, member and director of any such partnership, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than six months.

35 Any partnership, association of persons or body corporate that is not acting under and in accordance with a certificate of geoscience authorization and

(a) offers to the public, or engages in the business of providing to the public, services that are within the practice of professional geoscience;

(b) uses a name, title, description or designation that leads or may lead any person to believe that the partnership, association of persons or body corporate provides or may provide services to the public that are within the practice of professional geoscience; or

(c) advertises, holds itself out or conducts itself in any way that implies or leads or may lead any person to believe that the partnership, association of persons or body corporate provides or may provide services to the public that are within the practice of professional geoscience,

and every partner, member and director of any such partnership, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than six months.

36 Any person who, or any partnership, association of persons or body corporate that, directs or permits anyone employed by or working for or under the supervision of such person, partnership, association or body corporate to whom a certificate of professional engineering registration has not been issued or who does not hold a licence to practise professional engineering, to engage in the practice of professional engineering and every partner, member and director of any such partnership, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than six months.

37 Any person who, or any partnership, association of persons or body corporate that, directs or permits anyone employed by or working for or under the supervision of such person, partnership, association or body corporate to whom a certificate of professional geoscience registration has not been issued or who does not hold a licence to practise professional geoscience, to engage in the practice of professional geoscience and every partner, member and director of any such partner- ship, association of persons or body corporate is guilty of an offence and liable upon summary conviction for the first offence to a fine of not less than five thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than fifty thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than six months.

38 Any person who makes or causes to be made any wilful falsification in any of the registers maintained by the Registrar pursuant to this Act or the regulations, is liable upon summary conviction to a fine of not less than two thousand dollars and not more than ten thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months.

39 Any person who wilfully procures or attempts to procure registration as a member, a licence to practise or to be enrolled as a member-in-training, or any partnership, association of persons or body corporate that wilfully procures or attempts to procure the issuance of a certificate of authorization, by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or any person knowingly aiding or assisting a person therein, is liable upon summary conviction to a fine of not less than two thousand dollars and not more than ten thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months.

40 Any person who, or any partnership, association of persons or body corporate that, violates a provision of the regulations or a provision of this Act for which no penalty is otherwise provided, is guilty of an offence and is liable on summary conviction for the first offence to a fine of not less than two thousand dollars and not more than ten thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than three months and for any subsequent offence to a fine of not less than ten thousand dollars and not more than twenty-five thousand dollars and costs and on failure to pay the same to imprisonment for a period of not more than six months.

41 Where it appears to the Association that any person, partnership, association of persons or body corporate is not complying with this Act or the regulations then, notwithstanding the availability of any penalty in respect of such non-compliance and in addition to any other rights that it may have, the Association may apply to a judge of the Supreme Court of Nova Scotia for an order directing the person, partnership, association of persons or body corporate to comply with the provision or an order enjoining or restraining the person, partnership, association of persons or body corporate from continuing the non-compliance, and upon the application, the judge may make the order or such other order as the judge thinks fit.

42 An information for the prosecution of any person, partnership, association of persons or body corporate pursuant to this Act may be laid by any member of the Association or any person appointed by the Council.

43 A certificate purporting to be certified under the seal of the Association and the hand of the Registrar shall be received in evidence in any court or elsewhere without proof of the seal of the Association or of the signature or of the official character of the person or persons appearing to have signed the same, and without further proof thereof is prima facie evidence of the issuance of a certificate of registration, a licence to practise or a certificate of authorization, or of the non-issuance, suspension or cancellation thereof.

44 Where the holding of a certificate of registration or a licence to practice, or acting under and in accordance with a certificate of authorization, is required to permit the lawful doing of an act or thing, if in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant held a subsisting certificate of registration, licence to practise or was acting under and in accordance with a certificate of authorization under this Act, as the case may be, rests upon the defendant.

45 (1) In any prosecution pursuant to this Act, it is sufficient proof of the offence alleged if it be proved that the person, partnership, association of persons or body corporate accused has done or committed a single act of the kind complained of.

(2) An information or complaint for contravening this Act may be for one or more offences and no information, complaint, warrant, conviction or other proceeding for prosecution pursuant to this Act is deemed objectionable or insufficient by reason of the fact that it relates to two or more offences.

46 No summary conviction proceeding shall be commenced for any violation of this Act or the regulations after five years from the date of the committing of the violation.

47 (1) Nothing in this Act prevents either

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

(b) an individual who is acting under the direct supervision and control of an individual described in clause (a),

from practising natural science and, for the purpose of this Act, "natural science" means any act, including management, requiring the application of scientific principles, competently performed.

(2) The practice of natural science within the meaning of subsection (1) does not include the practice of professional geoscience.

ACTIONS AGAINST MEMBERS

48 (1) No action or other proceeding for damages shall be brought against the Association, the Council or any committee of the Association, or a member of the Association or committee of the Association, or an officer, employee, agent or appointee of the Association, for anything done in good faith under this Act, the regulations or the by-laws, including, but not limited to, any neglect or default in the performance or intended performance in good faith of any duty or in the exercise or intended exercise in good faith of any power under this Act, the regulations or the by-laws.

(2) No action in respect of any negligent act or omission or malpractice by reason of services within the practice of professional engineering or services within the practice of professional geoscience requested or rendered by a member of the Association, a person licensed to practise, the holder of a certificate of authorization or a partnership, association of persons or body corporate acting pursuant to Section 16, shall be brought except within five years after the date in the matter complained of such services terminated.

TRANSITIONAL PROVISIONS

49 (1) In this Section, "former Act" means Chapter 148 of the Revised Statutes, 1989, the Engineering Profession Act.

(2) All persons who were members of the Association of Professional Engineers of the Province of Nova Scotia immediately prior to the coming into force of this Act are declared to be members of the Association of Professional Engineers and Geoscientists of Nova Scotia as that body is continued under this Act, and are deemed for all purposes of this Act to hold certificates of professional engineering registration, which certificates remain in force until their cancellation or expiration as provided by subsection (6).

(3) The by-laws of the Association made pursuant to the former Act continue in full force and effect until they are repealed or until and to the extent that they are amended in accordance with the procedure prescribed by this Act for the adoption and approval of by-laws.

(4) A proposed by-law respecting any matter in respect of which the Council has authority to make by-laws under this Act and for which approval has been given before the coming into force of this Act by a majority of the members of the Association voting in a vote conducted in a manner consistent with the procedures described in subsection 12(5), is deemed to be a by-law of the Association made pursuant to the former Act for the purpose of subsection (3).

(5) Notwithstanding anything contained in this Act, a proposed regulation respecting any matter in respect of which the Council has authority to make regulations under this Act and for which approval has been given before the coming into force of this Act by a majority of the members of the Association voting in a vote conducted in a manner consistent with the procedures described in subsection 12(5), is deemed to be a regulation in force pursuant to this Act when approved by the Governor in Council, provided that regulations pursuant to Section 29 do not come into effect until an Agreement with respect thereto has been approved by the Association of Architects in the manner provided by the Architects Act.

(6) A certificate of registration, licence to practise or enrolment as an engineer-in-training issued or granted under the former Act continues in force until the earlier of the date when it is suspended or cancelled or the date when it would have expired had the former Act remained in force, and is deemed to be, respectively, a certificate of professional engineering registration, a licence to practise professional engineering or enrolment as a member-in-training.

(7) Where, pursuant to the former Act, a complaint of unprofessional conduct has been filed with the Secretary or a report of unprofessional conduct has been made by the Secretary before the coming into force of this Act, and the proceedings in respect of the complaint or report have not been concluded before the coming into force of this Act, the complaint or report shall proceed and be disposed of under the former Act and the by-laws made pursuant to it as if the former Act remained in full force and effect.

(8) Any proceedings in respect of a complaint, allegation or other report of unprofessional conduct that are commenced after the coming into force of this Act shall be dealt with under this Act and the regulations, notwithstanding that the acts, conduct or events to which the complaint, allegation or other report relates, occurred, in whole or in part, prior to the coming into force of this Act.

(9) Every order, direction or other disposition of the Complaints Committee or the Council made or done in disciplinary proceedings under the former Act continue in full force and effect, notwithstanding the coming into force of this Act.

(10) An application for a certificate of registration as a member, a licence to practise or enrolment as a member-in- training made but not finally disposed of before the coming into force of this Act shall be dealt with pursuant to the former Act as if it remained in force, but any certificate, licence or enrolment issued or granted under the authority of this subsection is thereafter subject in all respects to this Act.

50 (1) A reference in any enactment or in any document, including but not limited to any deed, lease, will, trust or indenture, to the Association of Professional Engineers of the Province of Nova Scotia or words to like effect shall be deemed to be and construed as a reference to the Association of Professional Engineers and Geoscientists of Nova Scotia.

(2) No rights, duties, obligations or liabilities of the Association of Professional Engineers of the Province of Nova Scotia are in any way affected by the change of name made by Section 3, and those rights, duties, obligations and liabilities continue to be vested in and binding upon it by the name "Association of Professional Engineers and Geoscientists of Nova Scotia."

(3) A reference in any enactment to a member or licensee of the Association of Professional Engineers of the Province of Nova Scotia is deemed to be a reference to a person who is a member or licensee of the Association pursuant to this Act.

51 Chapter 148 of the Revised Statutes, 1989, the Engineering Profession Act, is repealed.

52 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.


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