BILL NO. 16
(as introduced)
2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001
Engineering and Geoscience Professions Act
James DeWolfe
Pictou East
First Reading: April 4, 2001
Second Reading:
Third Reading:
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) "Association" means the Association of Professional Engineers and Geoscientists of Nova Scotia;
(b) "Board" means the Board of Examiners of the Association or such members of the Board as may be deputed by the Council to examine credentials or conduct examinations;
(c) "by-laws" means by-laws of the Association;
(d) "certificate of registration" means a certificate in force under this Act that is issued to a member, and includes a certificate of professional engineering registration and a certificate of professional geoscience registration;
(e) "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;
(f) "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;
(g) "complaint" means a complaint, allegation or other report or information respecting unprofessional conduct or incompetence on the part of a member of the Association, a person licensed to practice or a member-in-training, made or presented under this Act;
(h) "Council" means the Council of the Association;
(i) "Discipline Committee" means the Discipline Committee established under this Act, and includes a panel of the Discipline Committee;
(j) "engineer" means a person who through specialized education, training and experience is skilled in the principles and practice of engineering;
(k) "geoscientist" means a person who through specialized education, training and experience is skilled in the principles and practice of geoscience;
(l) "engineering" means the science and art of designing, investigating, supervising the construction, maintenance or operation of, making specifications, inventories or appraisals of, and consultations or reports on machinery, structures, works, plants, mines, mineral deposits, processes, transportation systems, transmission systems and communication systems or any part thereof;
(m) "geoscience" means the performing of any activity that requires the application of the principles of the geological sciences, and that concerns the safeguarding of public welfare, life, health, property or economic interests, including, but not limited to
(i) investigations, interpretations, evaluations, consultations or management aimed at the discovery or development of metallic or non-metallic minerals, rocks, nuclear or fossil fuels, precious stones or water resources, or
(ii) investigations, interpretations, evaluations, consultations or management relating to geoscientific properties, conditions or processes that may affect the well-being of the general public, including those pertaining to the preservation of the natural environment;
(n) "Complaints Committee" means the Complaints Committee established under this Act, and includes a panel of the Complaints Committee;
(o) "licence to practise" means a licence to practise issued and in force under 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 under this Act;
(q) "licence to practise professional geoscience" means a licence to engage in the practice of professional geoscience issued and in force under this Act;
(r) "licensed to practise" means holding a licence to practise;
(s) "member of the Association" means the holder of a certificate of registration;
(t) "member-in-training" means a person enrolled as an engineer-in-training or a geoscientist-in-training in good standing;
(u) "practice of professional engineering" means the performance of any act within or involving engineering for gain, hire or hope of reward, either directly or indirectly;
(v) "practice of professional geoscience" means the performance of any act within or involving geoscience for gain, hire or hope of reward, either directly or indirectly;
(w) "President" means the President of the Association;
(x) "professional engineer" means a person who engages in the practice of professional engineering;
(y) "professional geoscientist" means a person who engages in the practice of professional geoscience;
(z) "Registrar" means the Registrar of the Association;
(aa) "Secretary" means the Secretary of the Association;
(ab) "Treasurer" means the Treasurer of the Association;
(ac) "Vice-president" means the Vice-president of the Association.
3 (1) This Act does not apply to any person
(a) for greater certainty, while a member of and on duty with any branch of Her Majestys Armed Forces;
(b) while such person is waiting a decision of the Council on an application by that person for membership or for a licence to practise after having filed the credentials provided for by Section 15 or 16; or
(c) while applying engineering to a project on that persons own property for the sole use of the persons domestic establishment, or elsewhere to a project of a value not exceeding five thousand dollars, where in either case that engineering in the opinion of the Council does not involve safety of other persons.
(2) Nothing in this Act applies to prevent a person from acquiring mineral rights or performing work necessary to maintain such rights under the Mineral Resources Act if the acquisition of such rights or the performance of such work does not involve any activity referred to in clause 28(a), (b), (c) or (d) or clause 29(a), (b), (c) or (d).
(3) For greater certainty, this Act does apply to natural scientists in the practice and work of natural science.
ASSOCIATION
4 The Association of Professional Engineers of the Province of Nova Scotia, heretofore incorporated by Chapter 186 of the Acts of 1920 is continued as a body corporate under the name "Association of Professional Engineers and Geoscientists of Nova Scotia" and shall have perpetual succession and a common seal.
5 The head office of the Association shall be within Halifax Regional Municipality.
6 The objects of the Association are to
(a) promote and improve the proficiency of professional engineers and professional geoscientists in all matters relating to their respective professions;
(b) establish, maintain and develop standards of knowledge and skill among professional engineers and professional geoscientists;
(c) establish, maintain and develop standards of qualification and standards of practice in the engineering and geoscience professions;
(d) establish, maintain and develop standards of professional ethics among members of the Association, persons licensed to practise and members-in-training;
(e) do all such matters and things as will advance and protect the interests of professional engineers and professional geoscientists in their respective professions;
(f) assure the general public of the proficiency and competency of professional engineers and professional geoscientists in the practice of their respective professions; and
(g) 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.
7 The Association has all of the powers vested in companies under the Companies Act and, in addition, is authorized and empowered to
(a) provide for the government, regulation, discipline and honour of members of the Association, persons licenced to practise and members-in-training;
(b) acquire, hold and dispose of real and personal property or any part thereof;
(c) borrow money for the purpose of carrying out any of the objects 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 howsoever;
(d) establish and maintain a register or registers of professional engineers and professional geoscientists, which shall be the official register or registers of persons entitled to practise professional engineering and professional geoscience;
(e) fix and collect the fees payable by any person, upon being admitted as a member of the Association, licensed to practise or enrolled as an member-in-training, and fix and collect the fees payable by any person desiring to write any examination prescribed by the Association with a view to becoming a member of the Association, or being enrolled as a member-in-training, and fix and collect the annual dues payable by members of the Association, persons licensed to practise and members-in-training, and exempt any person from the payment of any such fees or dues for such reason and upon such terms and conditions as the Council may from time to time determine;
(f) 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 of the Association;
(g) prescribe the nature and extent of the education and practical experience that must be possessed by any person before being permitted to practise professional engineering or professional geoscience, as the case may be, or before being enrolled as a member-in-training;
(h) adopt and require adherence to standards of practise, competence and conduct, and performance standards and technical standards, for members of the Association, persons licensed to practise and members-in-training;
(i) 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;
(j) arrange and establish ways and means by which persons may be trained in the professions of engineering and geoscience;
(k) negotiate for and on behalf of any member of the Association or member-in-training in any matter pertaining to the professional welfare of the member or member-in-training;
(l) 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 of the Association;
(m) prescribe conditions, requirements and procedures for the registration of members of the Association, the enrolment of members-in-training and the issuance of licences to practise, and the renewal and reinstatement thereof;
(n) make, amend and repeal by-laws
(i) relating to the objects or powers of the Association including, but not limited to, matters within or reasonably incidental to any object or power,
(ii) respecting any matter or thing expressly required or authorized by any other provision of this Act to be the subject of a by-law,
(iii) defining any word or expression used but not defined in this Act or better defining any word or expression defined in this Act,
(iv) generally, as considered necessary or advisable by the Council for the carrying into effect of any provision of this Act;
(o) 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.
8 (1) The Association shall, in the manner provided by the by-laws, hold an annual meeting in each calendar year and such other meetings as are required.
(2) Only a member of the Association shall be entitled to vote at a meeting of the Association.
COUNCIL
9 (1) The Council is continued and consists of
(a) the President, immediate Past-president and the Vice-President, who shall be members of the Association and shall be elected and hold office as provided by the by-laws;
(b) ten other members of the Association who shall be elected and hold office as provided by the by-laws, at least two of whom shall be holders of a certificate of professional engineering registration and at least two of whom shall be holders of a certificate of professional geoscience registration; and
(c) two persons who are not members of the Association or licensed to practice, who shall be appointed by the Governor in Council and hold office as prescribed by the by-laws.
(2) 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 this Act and the by-laws relating to the qualifications, nomination, appointment and election of persons to the Council, and is resident in the Province.
(3) A majority of the members of the Council constitutes a quorum.
(4) 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 (1)(b) or (c), does not affect the ability of the Council to discharge its powers and duties, if the number of members of the Council remaining in office is not fewer than a quorum; and
(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 (1)(b) or (c), does not affect the ability of a quorum of the Council to discharge any of the powers and duties of the Council.
10 (1) The President holds office until a successor is elected and shall act as presiding officer at the meetings of the Council and of the Association, voting only when the votes are evenly divided.
(2) The Vice-president has all the powers of the President in the absence of the President.
11 (1) The Council shall appoint annually a Registrar, a Secretary and a Treasurer, who shall perform the duties assigned to them by this Act and by the by-laws and the Council may appoint one person to any one or more of the offices of Registrar, Secretary and Treasurer.
(2) The Council shall appoint annually such other officers as may be necessary for carrying out the provisions of this Act and the by-laws.
12 The members of the Council, officers and examiners appointed under this Act and the by-laws shall be paid such fees and expenses as are prescribed by the by-laws.
13 The Council shall provide for the general management of the affairs and business of the Association and shall carry on and transact the same in accordance with this Act and the by-laws.
BY-LAWS
14 (1) A proposed new by-law or the amendment or repeal of an existing by-law shall be presented in writing to the Council signed by at least ten members of the Association or approved by resolution of the Association or Council.
(2) The proposed by-law, amendment or repeal shall then be sent by the Secretary without delay in the form of a letter ballot to every member of the Association, and the ballot shall be returnable at a date to be fixed by the Council.
(3) Immediately after such date, scrutineers appointed by the Council shall count the ballots and report the result to the Council.
(4) Where at least two thirds of the valid ballots affirmatively approve of the proposed by-law, amendment or repeal, the Secretary shall submit the proposed by-law, amendment or repeal to the Governor in Council for approval.
(5) The proposed by-law, amendment or repeal has no force or effect until approval by the Governor in Council.
REGISTRATION AND LICENSING
15 (1) Any person shall be entitled to be registered as a member of the Association upon filing with the Registrar satisfactory proof that such person has tendered the fees and dues prescribed by the by-laws, has met any other conditions or requirements prescribed by the by-laws relating to registration and
(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 by-law;
(b) has obtained a degree in an appropriate discipline from a school, college or university, which degree is approved by the Council, and has had four years relevant experience;
(c) is a registered member of an association of engineers or geoscientists, as the case may be, which association in the opinion of the Council is similarly constituted and has similar membership requirements to the Association, and furnishes the Registrar with a certificate of membership in good standing in such other association;
(d) has passed examinations prescribed by the Council and has had sufficient number of years of relevant experience to qualify such person in the opinion of the Council to practise professional engineering or professional geoscience, as the case may be; or
(e) has had in the opinion of the Council outstanding experience in engineering or geoscience, as the case may be.
(2) Every person who, in the opinion of the Council expressed by a resolution thereof, has complied with subsection (1), shall in the manner prescribed by this Act and the by-laws be registered as a member of the Association, which registration shall, as directed by the Council based on qualifications and credentials established under subsection (1), be effected in either or both of the following categories:
(a) professional engineering;
(b) professional geoscience.
16 (1) Any person shall be entitled to a licence to practise upon tendering the fees and dues prescribed by the by-laws and filing with the Registrar satisfactory proof that any other conditions or requirements prescribed by the by-laws have been met and that
(a) such person is a registered member in good standing of an association of engineers or geoscientists, as the case may be, which association in the opinion of the Council is similarly constituted and has similar membership requirements to the Association; or
(b) such person is qualified to practise professional engineering or professional geoscience, as the case may be, but is a resident of a province, state or country in which there is no association similarly constituted.
(2) Every person who, in the opinion of the Council expressed by a resolution thereof, has complied with subsection (1) shall in the manner prescribed by this Act and the by-laws be licensed to practise, which licensing shall, as directed by the Council based on qualifications and credentials established under subsection (1), be effected in either or both of the following categories:
(a) professional engineering;
(b) professional geoscience.
17 (1) Any person who is a graduate or undergraduate in a discipline approved by the Council, of a school, college, or university approved by the Council or has passed examinations prescribed by the Council, may with the approval of the Council, be enrolled with the Association as a member-in-training.
(2) A person who, in the opinion of the Council, has complied with subsection (1) shall in the manner prescribed by this Act and the by-laws be enrolled as a member-in-training, which enrolment shall, as directed by the Council based on qualifications and credentials established under subsection (1), be effected in either or both of the following categories:
(a) professional engineering;
(b) professional geoscience.
(3) A member-in-training shall be subject to the control of the Council in the manner provided by this Act and the by-laws.
18 (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 undertake and carry out the application of engineering or geoscience in its own name if
(a) in the case of engineering, one of its principal and customary functions is the application of engineering and such application of engineering is carried on under the supervision of a member or a full-time permanent employee thereof, who in either case holds a certificate of professional engineering registration or a licence to practise professional engineering; or
(b) in the case of geoscience, one of its principal and customary functions is the application of geoscience and such application of geoscience is carried on under the supervision of a member or full-time permanent employee thereof, who in either case holds a certificate of professional geoscience registration or a licence to practise professional geoscience.
19 (1) The Registrar shall, in the manner provided by the by-laws, keep a register or registers and enrol therein in the manner provided by the by-laws the names of all persons who are members, licensed to practise or members-in-training and the register or registers shall be open for public inspection during normal business hours without charge.
(2) Subject to this Act and the by-laws, 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 under this Act.
(3) Subject to this Act and the by-laws, 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 under this Act.
(4) 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 by-laws for renewal of registration as a member of the Association or issuance of a licence to practise, as the case may be.
(5) Where the Council refuses to pass a resolution authorizing any person to be registered as a member of the Association or licensed to practise, or where the Registrar refuses to register or issue a certificate of registration or licence to practise to such a person, the person aggrieved, upon serving ten days notice thereof upon the Secretary, shall have the right to apply to a judge of the Supreme Court who, upon due cause shown, may grant an order directing the Council and the Registrar to register the name of the person as a member of the Association or to issue to the person a licence to practise, or make such other order as may be warranted by the facts, and the Council shall forthwith comply with the order.
20 (1) Every person, who is a member of the Association, licensed to practise or member-in-training, shall pay on January 1st in each year to the Treasurer or any person deputed by the Council to receive it, the annual dues prescribed by the by-laws, which dues shall be deemed to be a debt due by such person and recoverable with costs in the name of the Association in any court of competent jurisdiction.
(2) Where any member of the Association, person licensed to practise or member-in-training omits to pay the annual dues prescribed by the by-laws within six months of the date upon which they become due, the Registrar, after issuing ten days notice by registered letter addressed to the last known address of such person on the register, shall cause the name of such person to be erased from the register and such person shall thereupon cease to be deemed to be a member of the Association, licensed to practise or a member-in-training.
EXAMINATIONS
21 The Council shall, in the manner provided by the by-laws, appoint annually a Board of Examiners consisting of members of the Association who are residing within the Province and may at any time fill any vacancies on the Board, replace any member thereof and add to its number.
22 The Board of Examiners shall, in the manner provided by the by-laws,
(a) examine and report on all degrees, diplomas, certificates and other credentials presented, or given in evidence for the purpose of obtaining registration as a member of the Association, a licence to practise or enrolment as a member-in-training; and
(b) set and conduct the examinations of candidates for membership and enrolment as members-in-training and file the results thereof.
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 an engineer-in-training, so long as the examination is held within the Province.
DISCIPLINE OF MEMBERS
24 The Council shall, in the manner provided by the by-laws, establish a Complaints Committee and appoint the members of the Committee.
25 There shall be a Discipline Committee of the Association the members of which shall be elected in the manner provided by the by-laws from a list of candidates who are considered qualified by the Council.
26 (1) The composition, quorum, conduct, procedure and powers and duties of the committees referred to in Sections 24 and 25, the means of appointment or election of the members of such committees, their qualifications and their term or terms 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 by-laws.
(2) Without limiting the generality of subsection (7), the committees referred to in Sections 24 and 25 including, for greater certainty, panels thereof established under the by-laws may, to the extent provided by the by-laws, have and exercise the following powers:
(a) in the case of the Complaints Committee, power to investigate, report on, refer or dismiss complaints; and
(b) in the case of the Discipline Committee, power to hear, make findings respecting, adjudicate, dismiss or otherwise dispose of complaints, power to make orders and directions related thereto and, where the Discipline Committee makes a finding that a member of the Association, person licensed to practise or member-in-training 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:
(ii) suspension, for a fixed period, of the certificate of registration of a member of the Association, the licence of a person licenced 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 licenced 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 or 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 a 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 completion of a course or courses of study, as specified by the Discipline Committee, and
(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.
(3) A fine or costs ordered to be paid to the Association under this Section or under by-laws made under 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.
(4) The Complaints 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 a panel, as the case may be.
(5) Notwithstanding any other provision of this Act, the jurisdiction and authority of the Complaints Committee and the Discipline Committee continues notwithstanding that the person who is the subject of a complaint ceases to be registered as a member of the Association, licensed to practise or enrolled as a member-in-training, as the case may be.
(6) The Council may, in the manner provided by the by-laws, appoint a mediator who has those powers and duties conferred or imposed by the by-laws 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.
(7) In addition to the power to make by-laws conferred by other provisions of this Act, the Association may make by-laws providing for all matters relating to the investigation, mediation, settlement, adjudication or other resolution or disposition of complaints, and the imposition of sanctions, penalties or remedial actions, including, but not limited to, by-laws
(a) prescribing the form in which complaints shall be made for all purposes of this Section or by-laws made under it;
(b) prescribing procedures for the investigation, mediation, settlement, adjudication or other resolution or disposition of complaints;
(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 by-laws and, without limiting the generality of the foregoing, defining unprofessional conduct or incompetence 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, prescribing the powers and duties of the mediator for the investigation, mediation, settlement or referral of complaints, prescribing the term of office of the person or persons appointed to such position and providing for the filling of vacancies in the position;
(e) establishing the Complaints 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;
(f) providing for the establishment of panels of the Discipline Committee with power to hear, make findings respecting, adjudicate and dispose of complaints and power to impose sanctions, penalties or remedial measures and make orders and give directions in respect thereof;
(g) prescribing the sanctions, penalties or remedial measures that the Discipline Committee, including panels thereof, may impose upon or require of a person 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 Complaints Committee and the Discipline Committee;
(i) generally, conferring such duties and powers on officers, committees, including the Complaints Committee and the Discipline Committee, or other bodies of the Association as may appear advisable for the implementation of this Section and of by-laws made under it; and
(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.
27 (1) An appeal lies to a judge of the Supreme Court of Nova Scotia from any decision or order of the Discipline Committee.
(2) An appeal under 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 under 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 judges 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.
PENALTIES
28 Any person to whom a certificate of professional engineering registration or a licence to practise professional engineering has not been issued, or whose certificate of professional engineering registration or licence to practise professional engineering has expired or been suspended or cancelled under this Act, who
(a) engages in the practise of professional engineering;
(b) uses verbally or otherwise the title of professional engineer 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 engineer or entitled to engage in the practise of professional engineering; 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 engineer or entitled to engage in the practise 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.
29 Any person to whom a certificate of professional geoscience registration or a licence to practise professional geoscience has not been issued, or whose certificate of professional geoscience registration or licence to practise professional geoscience has expired or been suspended or cancelled under this Act, who
(a) engages in the practise 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 practise 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 practise 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.
30 Any partnership, association of persons or body corporate, not having as a partner or a full-time permanent employee a person who holds a certificate of professional engineering registration or a licence to practise professional engineering, that
(a) undertakes or carries out the application of engineering;
(b) uses verbally or otherwise any name, title, description or designation that may lead any person to believe that the partnership, association of persons or body corporate is qualified or entitled to undertake or carry out the application of engineering; or
(c) advertises, holds out or conducts itself in any way implying or intending to lead any person to believe that the partnership, association of persons or a body corporate is qualified or entitled to undertake or carry out the application of engineering,
is guilty of an offence and the partnership or any partner thereof, the association of persons or any member thereof or the body corporate or any director thereof is liable upon summary conviction 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.
31 Any partnership, association of persons or body corporate, not having as a partner or full-time permanent employee a person who holds a certificate of professional geoscience registration or a licence to practise professional geoscience, that
(a) undertakes or carries out the application of geoscience;
(b) uses verbally or otherwise any name, title, description or designation that may lead any person to believe that the partnership, association of persons, or body corporate is qualified or entitled to undertake or carry out the application of geoscience; or
(c) advertises, holds out or conducts itself in any way implying or intending to lead any person to believe that the partnership, association of persons or body corporate is qualified or entitled to undertake or carry out the application of geoscience,
is guilty of an offence and the partnership or any partner thereof, the association of persons or any member thereof or the body corporate or any director thereof is 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.
32 Any person who, or any partnership, association of persons or body corporate that directs or permits any member or employee, who does not hold a certificate of professional engineering registration or a licence to practise professional engineering, to apply engineering is guilty of an offence and such person, partnership or any partner thereof, association of persons or any member thereof or body corporate or any director thereof is 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.
33 Any person who, or any partnership, association of persons or body corporate that directs or permits any member or employee, who does not hold a certificate of professional geoscience registration or a licence to practise professional geoscience, to apply geoscience is guilty of an offence and such person, partnership or any partner thereof association of persons or any member thereof or body corporate or any director thereof is 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.
34 Any person who makes or causes to be made any wilful falsification in any of the registers maintained by the Registrar under this Act or the by-laws 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.
35 Any person who wilfully procures or attempts to procure registration as a member of the Association, 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.
36 Any information for the prosecution of any person under this Act may be laid by any person.
37 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 of the non-issuance, suspension or cancellation thereof.
38 (1) In any prosecution under 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 under this Act is deemed objectionable or insufficient by reason of the fact that it relates to two or more offences.
39 No summary conviction proceeding shall be commenced for any violation of this Act after one year from the date of the committing of the violation.
GENERAL
40 No action or other proceeding for damages shall be brought against the Association, the Council or any board or committee of the Association, or against a member of the Association, Council or any board or committee, or against an officer, employee or agent or appointee of the Association, for anything done in good faith for or on behalf of the Association under this Act, or the by-laws.
41 Every person registered as a member of the Association under this Act shall have a seal, the impression of which shall bear the name of the member and the words "Professional Engineer, Province of Nova Scotia" or "Professional Geoscientist, Province of Nova Scotia", as the case may be, with which the member shall stamp all official documents and plans prepared by the member.
42 (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 before 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 to hold certificates of professional engineering registration issued for the year in which this Act comes into force, which certificates are deemed to remain in force until their expiry, suspension or cancellation as provided by subsection (7).
(3) All persons who were, immediately before the coming into force of this Act, members of the society incorporated under the Societies Act on August 25, 1997, under the name the Association of Professional Geoscientists of Nova Scotia 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 to hold certificates of professional geoscience registration issued for the year in which this Act comes into force, which certificates are deemed to remain in force until their expiry, suspension or cancellation under this Act.
(4) 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 under Section 9 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 under 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.
(5) The by-laws of the Association made under 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.
(6) A proposed by-law respecting any matter concerning 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 two thirds of the members of the Association voting in accordance with the procedures prescribed in Section 14, is deemed to be a by-law of the Association made under the former Act for the purpose of subsection (5).
(7) A certificate of registration, licence to practise or enrolment as an engineer-in-training issued or granted under the former Act continues in force and is deemed to be, respectively, a certificate of professional engineering registration, a license to practice professional engineering or enrolment as a member-in-training issued or granted for the year in which this Act comes into force, and is deemed to remain in force until its expiry, suspension or cancellation under this Act.
(8) Where, under 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 under it as if the former Act remained in full force and effect.
(9) Any proceedings in respect of a complaint that are commenced after the coming into force of this Act shall be dealt with under this Act and the by-laws, notwithstanding that the acts, conduct or events to which the complaint relates, occurred, in whole or in part, before the coming into force of this Act.
(10) Every order, direction or other disposition of the former 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.
(11) 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 under 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.
43 (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 is deemed to be and construed as a reference to the Association of Professional Engineers and Geoscientists of Nova Scotia.
(2) A reference in any enactment to the practice of engineering or the application of engineering is deemed to be a reference to the practice of professional engineering under this Act.
44 Chapter 148 of the Revised Statues, 1989, the Engineering Profession Act, is repealed.
45 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2001 Crown in right of Nova Scotia. Created April 4, 2001. Send comments to legc.office@gov.ns.ca.
