BILL 26 An Act to Amend the Engineering Profession Act

BILL 26

 

An Act to Amend the Engineering Profession Act

 

 

WHEREAS the Association of Professional Engineers of the Province of New Brunswick prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Engineering Profession Act 1986, chapter 88 of the Acts of New Brunswick, 1986, is repealed and the following is substituted:

 

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

 

2 Section 2 of the Act is amended

(a) in subsection (1)

(i) by repealing the definition "architecture" and substituting the following:

 

"architecture" means architecture as defined by the Architects Act;

(ii) by repealing the definition "Association" and substituting the following:

"Association" means the Association of Professional Engineers and Geoscientists of New Brunswick;

 

(iii) by repealing the definition "certificate of authorization" and substituting the following:

"certificate of authorization" means a certificate issued under this Act for the purpose of allowing a partnership, association of persons or a corporation to practise engineering or geoscience;

 

(iv) in the definition "engineer-in-training" by adding "or "geoscientist-in-training"" after "engineer-in-training";

(v) by repealing the definition "engineering" and substituting the following:

"engineering" means the application of scientific principles and knowledge to practical ends such as the investigation, design, construction, or operation of works and systems as defined in subsection (2);

(vi) by adding after the definition "engineering" the following:

"geoscience" means studies or investigations within any of the disciplines of the geological sciences which deal with the origin, history, structure, composition, properties or conditions of the earth, as well as with geological processes operating now or in the past;

"geoscientist" and "professional geoscientist" means a person who is a member or licencee of the Association;

(vii) by repealing the definition "licence" and substituting the following:

"licence" means a licence to practise engineering or geoscience issued under this Act;

(viii) by repealing the definition "member" and substituting the following:

"member" means a member of the Association and includes, for the purpose of disciplinary action, a person whose registration or licence is revoked or expired, or who resigns as a member, or whose registration or licence is suspended for conduct that would constitute professional misconduct or incompetence referable to the time when the person was registered or licenced or to the period of suspension;

(ix) by adding after the definition "practice of engineering" the following:

"practice of geoscience" means the provision of services for another as an employee or by contract, including reporting, advising, acquiring, processing, evaluating, interpreting, geological surveying, sampling or examining related to any activity that requires the professional application of the principles of the geological sciences, including

(a) activities directed toward the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, precious stones, water resources or the investigation of surface or subsurface geological conditions; and

(b) investigations, evaluations, consultations or management related 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;

(x) in the definition "registration" in the English version by striking out "his" and substituting "that personís";

(xi) by repealing the definition "Registrar" and substituting the following before the definition "registration":

"Registrar" means the Registrar of the Association or an Assistant Registrar designated by Council as it considers necessary;

(xii) by repealing the definition "Secretary" and substituting the following:

"Secretary" means the Secretary of the Association or an Assistant Secretary designated by Council as it considers necessary.

(b) in subsection (2)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

2(2) Without restricting the generality of the definition of "practice of engineering", engineering works and systems shall include:

(ii) by repealing paragraph (a) and substituting the following:

(a) transportation systems and components related to the movement of goods or people by air, water, land or in outer space;

(iii) in paragraph (f) by striking out "and" at the end of the paragraph;

(iv) in paragraph (g) by striking out the period at the end of the paragraph and substituting a semicolon;

(v) by adding after paragraph (g) the following:

(h) investigations, 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;

(i) the discovery or development of water resources, and investigation of surface or subsurface geological conditions; and

(j) computer systems and software relating to any engineering performed under paragraphs (a) to (i).

 

(c) by repealing subsection (3) and substituting the following:

2(3) The practice of engineering and geoscience includes the use and development of computer systems and software relating to such practice.

 

3 Subsection 3(1) of the Act is amended by striking out "of the Province" and substituting "and Geoscientists".

4 Section 5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

5(1) The Association is authorized to establish out of its funds, scholarships and prizes for students of engineering or geoscience in attendance at such schools of engineering or geoscience as the Council may, from time to time select, and to determine the value of such scholarships or prizes, the conditions governing their award and the duration of their tenure.

(b) by repealing subsection (3) and substituting the following:

5(3) The Association is authorized to co-operate and enter into agreements with similar associations of engineers, or of engineers and geoscientists in the other provinces or territories of Canada, and other technical societies whose aims and objectives are similar to those of the Association.

5 Paragraph 6(a) of the Act is repealed and the following is substituted:

(a) to regulate the practice of engineering and geoscience and to govern these professions in accordance with this Act and the by-laws;

 

6 Paragraph 7(1)(a) of the Act is repealed and the following is substituted:

(a) discipline and honor of the professions of engineering and geoscience, and the discipline and control of their members, licencees, and holders of certificates of authorization;

 

7 Section 8 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

8(1) Only persons who are members of the Association or who have received a licence from the Council as provided in this Act or the by-laws, shall be entitled

(a) to take and use the title or designation "Engineer", "Professional Engineer", "Eng.", "P. Eng.", "Geoscientist", "Professional Geoscientist", "Geo.", or "P. Geo.", or any addition to such title or designation or any abbreviation thereof, and, in the case of geoscientists, any similar titles or designations referring to the subdisciplines of geoscience, or

(b) to practise engineering or geoscience in or for application in New Brunswick.

 

(b) in subsection (2) by adding "or geoscience" after "engineering";

 

(c) in subsection (3) by adding "or geoscience" after "engineering";

 

(d) by adding after subsection (3) the following:

8(4) A person is deemed to practise or offer to practise engineering or geoscience within the meaning or intent of this Act who

(a) practises any branch of the professions of engineering or geoscience;

(b) by verbal claim, sign, advertisement, letter head, card, or use of a title, or in any other way, represents or implies to be an engineer or geoscientist;

 

(c) represents to be registered or licenced under this Act; or

 

(d) holds out the ability to perform, or performs any engineering or geoscience service or work or any other service which is recognized as part of the practice of engineering or geoscience.

 

8 Section 9 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

9(1) Every person registered under this Act shall have a seal of a design approved by the Council, the impression of which shall include the name of the engineer or geoscientist and the words "Registered Professional Engineer" or "Registered Professional Geoscientist" and "Province of New Brunswick".

(b) by repealing subsection (2) and substituting the following:

9(2) Every person licenced under this Act shall have a seal of a design approved by the Council, the impression of which shall include the name of the licencee and the words "Licenced Professional Engineer" or "Licenced Professional Geoscientist" and "Province of New Brunswick".

(c) by repealing subsection (3) and substituting the following:

9(3) Every engineer or geoscientist shall sign, date, and affix a seal approved under subsections (1) or (2) to all final drawings, specifications, plans, reports and other documents pertaining to engineering works or systems or to all final geoscientific drawings, maps or reports, prepared by or under the direct supervision of the engineer or geoscientist.

(d) by repealing subsection (5) and substituting the following:

9(5) Every engineer or geoscientist who does not sign, date, and affix a seal to all final drawings, specifications, plans, reports and other engineering or geoscientific documents prepared by or under the direct supervision of the engineer or geoscientist is subject to disciplinary proceedings for professional misconduct.

 

9 Section 10 of the Act is amended

(a) in subsection (1)

(i) by repealing paragraph (a) and substituting the following:

(a) is resident in Canada, or is enrolled as an engineer-in-training or a geoscientist-in-training in the Association;

(ii) in paragraph (c) by adding "or geoscience" after "engineering";

 

(iii) in paragraph (d) by adding "or geoscience" after "engineering";

 

(b) in subsection (2) by striking out "New Brunswick" and substituting "Canada";

 

(c) in subsection (3)

(i) by adding "or geoscientists" after "engineers";

 

(ii) by striking out "he" in the English version and substituting "the person";

 

(d) by repealing subsection (4) and substituting the following:

10(4) Any non-resident of New Brunswick who is a registered member of an association of engineers or geoscientists in any other province or territory of Canada, with a constitution or act of incorporation similar to that of the Association, may obtain from the Registrar a registration to practise as a professional engineer or geoscientist in New Brunswick, provided the person is qualified under paragraph (1)(c) and upon production of satisfactory evidence of registration in good standing in such other association, and on payment of such fee as may be fixed by the by-laws.

 

 

(e) by repealing subsection (5) and substituting the following:

10(5) Upon submitting to the Council the required evidence, and upon payment of the prescribed fee, any non-resident applicant for registration who is a registered member in good standing of an association of engineers or geoscientists in any other province or territory of Canada with a constitution or an act of incorporation similar to that of the Association, may be entitled to practise as a professional engineer or geoscientist in New Brunswick for a period of three months thereafter, pending the disposition of the application.

 

(f) in subsection (6)

(i) by striking out "practice" and substituting "practise" in the English version;

 

(ii) by adding ", geoscientific," after "engineering";

 

(g) by repealing subsection (7) and substituting the following:

10(7) Any non-resident of New Brunswick who is an employee of a federal public service corporation, or federal government department, the work of which is normally carried on both in New Brunswick and in some other province or territory of Canada, and who by reason of such employment is required to practise as a professional engineer or professional geoscientist in New Brunswick, may do so without holding a licence and without payment of any fee provided such person produce, on demand, proof satisfactory to the Council that the person is a registered member of an association of professional engineers or professional geoscientists of such other province or territory of Canada having an act of incorporation or a constitution consistent with that of the Association.

(h) in subsection (8)

(i) in the portion preceding paragraph (a) in the English version by striking out "practice" and substituting "practise";

 

(ii) in the whole of subsection (8) by adding "or geoscience" after "engineering" wherever it appears;

 

(i) in paragraphs (9)(b) and (9)(c) by adding "or geoscience" after "engineering";

 

(j) in subsection (11) by adding "or geoscientist" after "engineer";

 

(k) in subsection (12)

(i) by striking out "practice" and substituting "practise" in the English version;

 

(ii) by adding "or geoscience" after "engineering".

 

10 Section 12 of the Act is repealed and the following is substituted:

12 The Board shall, if referred to it by the Council, examine all degrees, diplomas, certificates and other credentials submitted for the purpose of obtaining registration or a licence, and the Board may require the holder of such degree, diploma, certificate or other credential to submit evidence, either verbally or by affidavit, in support of the application.

11 Section 13 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

13(3) The candidate shall submit to the examinations in one or more of the recognized disciplines of engineering or geoscience, such disciplines to be selected by the candidate.

(b) in subsection (4) in the English version by striking out "his" wherever it appears and substituting "the".

 

12 Section 14 of the Act in the English version is amended by striking out "practice" and substituting "practise".

13 Section 15 of the Act is amended

(a) by repealing subsection (5) and substituting the following:

15(5) It shall be the duty of the Registrar to enter in the Register the name of each person entitled to practise as a professional engineer or professional geoscientist.

(b) by adding after subsection (8) the following:

15(9) The proportion of representation on the Council and on committees of the Association by engineers and geoscientists is as prescribed in the by-laws.

14 Section 17 the Act is amended

(a) in subsection (3) in the English version by striking out "chairman" and substituting "chairperson";

(b) in paragraph (6)(b) in the English version by striking out "his" and substituting "that personís";

(c) in paragraph (6)(c) in the English version by striking out "of a violation";

 

(d) in the opening words of subsection (7) in the French version by striking out "10" and substituting "(10)".

 

15 Section 18 of the Act is amended

(a) in subsection (1) in the English version by striking out "chairman" and substituting "chairperson";

(b) in subsection (3) in the English version by striking out "chairman" and substituting "chairperson";

(c) in paragraph (8)(a)

(i) by striking out "practice" and substituting "practise" in the English version;

 

(ii) by adding "or geoscience" after "engineering";

 

(d) in paragraph (8)(b) by adding "or geoscience" after "engineering";

 

(e) in paragraph (9)(a)

(i) by striking out "his" and substituting "the exercise of" in the English version;

 

(ii) by adding "or geoscientist" after "engineer";

(f) by repealing paragraph (9)(b) and substituting the following:

(b) the member or licencee is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public, or the member or licencee, that the member or licencee no longer be permitted to engage in the practice of professional engineering or geoscience, or that the member or licenceeís practice of professional engineering or geoscience be restricted.

(g) in paragraphs (10)(a) and (10)(b)

(i) by striking out "practice" and substituting "practise" in the English version;

 

(ii) by adding "or geoscience" after "engineering";

 

(h) in paragraph (10)(c) by adding "or geoscience" after "engineering";

 

(i) in subparagraph (10)(e)(i) by adding "or geoscience" after "engineering";

 

(j) in subparagraph (10)(e)(ii) by adding "or geoscience" after "engineering";

 

(k) in subparagraph (10)(e)(iii)

(i) by striking out "his" and substituting "the" in the English version;

 

(ii) by adding "or geoscience" after "engineering";

 

(l) in subparagraph (10)(e)(iv) by adding "or geoscience" after "engineering";

 

(m) in paragraph (10)(g) by adding ", consulting geoscientist" after "engineer";

 

(n) in paragraph (10)(h) by striking out "five" and substituting "ten";

 

(o) in subsection (15) in the English version by striking out "Dicipline" and substituting "Discipline";

(p) in subsection (16) in the English version by striking out "his representative" and substituting "the representative of the party";

 

(q) in subsection (17) in the French version by striking out "pourvu que," and "tienne" and substituting ", mais" and "tient" respectively;

(r) in subsection (19) in the English version by striking out "under his" and substituting "in that personís";

 

(s) in subsection (20) in the English version by striking out "Chairman" and "his" and substituting "Chairperson" and "the Chairpersonís" respectively;

 

(t) in subsection (21) in the English version by striking out "his" and substituting "that personís";

(u) by repealing subsection (24) and substituting the following:

18(24) No member of the Discipline Committee shall participate in a decision of the Committee unless that member was present throughout the hearing and heard the evidence and argument of the parties.

(v) in subsection (26) in the English version by striking out "his" and substituting "that memberís".

16 Section 20 of the Act is amended

(a) by repealing paragraph (1)(a) and substituting the following:

(a) takes and uses orally or otherwise any title or designation allowed to be used under subsection 8(1), or uses any addition to or abbreviation of such titles, or any words, names or designations, including the use of a seal provided for under section 9, with the intent that such use will lead to the belief that the person is a member or licencee;

(b) by repealing paragraph (1)(b) and substituting the following:

(b) advertises, holds out, or represents in any way or by any means to be a member or licencee;

 

(c) in paragraph (1)(c) in the English version by striking out "himself" and substituting "that person", and in the French version by striking out "délibérément ou tente" and substituting "ou tente délibérément";

 

 

(d) in paragraph (1)(d) by adding "or geoscience" after "engineering";

 

(e) in the portion following paragraph (1)(d) by striking out ", punishable on summary conviction";

 

 

(f) in subsection (2) by striking out "by him" and "punishable on summary conviction";

 

(g) in paragraphs (3)(a), (b) and (c)

(i) by striking out "practice" and substituting "practise" in the English version;

 

(ii) by adding "or geoscience" after "engineering";

 

(h) in the portion following paragraph (3)(c) by striking out "punishable on summary conviction";

(i) in subsection (4)

(i) by striking out "practices" and substituting "practises" in the English version;

 

(ii) by adding "or geoscience" after "engineering";

 

(iii) by striking out "punishable on summary conviction";

 

(j) in the portion preceding paragraph (5)(a) by striking out "on summary conviction";

 

(k) in paragraph (5)(a) by striking out "five" and substituting "ten";

 

(l) in paragraph (5)(b) by striking out "ten" and substituting "fifty";

 

(m) in subsection (6) by adding "or geoscience" after "engineering";

 

(n) in subsection (7) by striking out "five" and substituting "ten";

 

(o) by repealing subsection (8) and substituting the following:

20(8) Any person who refuses or neglects to perform any of the duties imposed by this Act, or who violates any of the provisions of this Act, shall be liable to a penalty, when not otherwise provided for, of a sum not less than five hundred dollars and not more than ten thousand dollars and in default of payment to imprisonment for a term of not more than three months.

(p) by adding after subsection (10) the following:

20(11) Subject to subsection (10), the Provincial Offences Procedure Act applies to the prosecution of all offences under this Act.

 

17 Section 21 of the Act is amended

(a) by striking out "practicing or attempting to practice engineering" and substituting "practising or attempting to practise engineering" in the English version;

 

(b) by adding "or geoscience" after "engineering".

 

18 Subsection 22(1) of the Act is amended by striking out "Summary Convictions Act" and substituting "Provincial Offences Procedure Act".

 

 

19 Section 25 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

25(1) If any person registered under this Act fails to pay the prescribed annual fee within the time prescribed in the by-laws, or fails to pay any fine or costs within the time ordered to be paid by the Discipline Committee under subsection 18(10), the Registrar, upon notification of such default, shall cause the name of such person to be struck from the Register and such person shall thereupon cease to be registered as an engineer or geoscientist.

(b) by repealing subsection (2) and substituting the following:

25(2) Any person whose name is struck from the Register under subsection (1) shall be entitled, upon payment of such annual fees and compliance with such other directions as established by Council, to reinstatement of that personís rights and privileges as an engineer or geoscientist.

(c) by adding after subsection (2) the following:

25(3) Any person whose name is struck from the Register under subsection (1) shall be entitled, upon payment of such fines or costs, and subject to any other order of the Discipline Committee, to reinstatement of that personís rights and privileges as an engineer or geoscientist.

20 Section 26 of the Act is amended by adding "or geoscience" after "engineering".

 

21 Section 27 of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) subject to section 29, any architect, who is registered under the provisions of the Architects Act, from legally carrying on, performing or doing engineering work in all its branches, in connection with that personís work as an architect;

 

(b) in paragraph (b) in the English version

(i) by striking out "practicing" and substituting "practising",

 

(ii) by striking out "he" and substituting "the person";

(c) in paragraph (c)

(i) by striking out "geologist, mineralogist,",

(ii) by striking out "practicing" in the English version and substituting "practising";

(d) in paragraph (d) in the French version by adding "pas" after "níest";

 

(e) by repealing paragraph (e) and substituting the following:

(e) any engineer-in-training or geoscientist-in-training from performing engineering or geoscience under the direct supervision of an engineer or geoscientist who assumes full responsibility for such work, or under a mentoring program approved by the Association;

 

(f) by repealing paragraph (f) and substituting the following:

(f) any certified engineering technician or technologist from

(i) performing engineering work where an engineer takes responsibility for such engineering work, or

(ii) performing geoscience work where a geoscientist takes responsibility for such geoscience work;

22 Subsection 28(1) of the Act is amended by adding "or geoscientist" after "engineer" and adding "or geoscience" after "engineering".

 

 

23 Section 29 of the Act is amended

(a) in subsection (1)

(i) by adding "and Geoscientists" after "Association of Professional Engineers";

 

(ii) in the French version by striking out "líassociation appelée Architectsí Association of New Brunswick" and substituting "líAssociation des architectes du Nouveau-Brunswick";

 

(b) in subsection (2) in the English version by striking out "chairman" and substituting "chairperson";

(c) in subsection (4) in the English version by striking out "chairman" and substituting "chairperson";

(d) in subsection (8) by striking out "New Brunswick Architectsí Act" and substituting "Architects Act".

 

24 Section 30 of the French version of the Act is amended by striking out "pourvu que" and substituting "mais".

25 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.