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This is not an official version. POINT IN TIME |
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| December 17, 2004 to May 5, 2011 |
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CONSOLIDATED
Engineers and Geoscientists Regulations
Amended by: 151/04 CONSOLIDATED
Engineers and Geoscientists Regulations
Under the authority of section 17 of the Engineers and Geoscientists Act
and the Subordinate Legislation Revision and Consolidation Act
, the Lieutenant-Governor in Council makes the following regulations. REGULATIONS
PART I
PART II
PART
PART IV
PART V
PART VI
PART VII
PART VIII
PART IX
PART X
Short title
1.
These regulations may be cited as the Engineers and Geoscientists Regulations
. Definitions
2.
In these regulations
(a)
"Act" means the Engineers and Geoscientists Act
;
(b)
"confirmatory examination" means an examination required by the board of examiners for the purpose of assessing an engineering or geoscience degree held by an applicant and not an examination for the completion of perceived specific academic deficiencies;
(c)
a professional member or licensee "in responsible charge" means a professional member or licensee who directly supervises and is responsible for all work performed by a permit holder in the normal day-to-day work routine of that professional member or licensee; and
(d)
"resident" means for purposes of the Act and these regulations a person who in the settled routine of life usually, normally and customarily lives and has place of abode in the province. 209/89 s2 Registration
3.
There are established the following categories of registration:
(a)
professional member;
(b)
licensee;
(c)
permit holder;
(d)
member-in-training;
(e)
examination candidate; and
(f)
student. Application for registration
4.
(1) An application for registration as a professional member, licensee, member-in-training or student shall be made to the registrar and shall be referred by the registrar to the executive committee of the board of examiners if it is made on a form prepared by the board of examiners, is fully completed and is accompanied by all necessary fees.
(2)
An application for registration shall be terminated if the applicant ceases to meet the requirements of the Act, the regulations or the by-laws. Registration as professional member
5.
(1) In order to be eligible for registration as a professional member, an applicant shall, in addition to other requirements of the Act, the regulations and the by-laws
(a)
have knowledge of the Act, the regulations and by-laws, satisfactory to the board of examiners;
(b)
have communication abilities in the English language satisfactory to the board of examiners or its executive committee as demonstrating the ability to competently practise engineering or geoscience in the province;
(c)
have general knowledge of the practice of the professions demonstrated by successfully completing an examination in professional practice or by those other means that the board of examiners or its executive committee may require;
(d)
be of good character and reputation; and
(e)
satisfy all academic and practical experience requirements.
(2)
In order to satisfy all academic and practical experience requirements referred to in paragraph (1)(e), an applicant shall have either
(a)
a degree in engineering or geoscience from a university program approved by the board of examiners or its executive committee and at least 2 years of experience satisfactory to the board of examiners or its executive committee in the practice of engineering or geoscience subsequent to the conferral of the degree;
(b)
academic standing equivalent to a degree in engineering or geoscience demonstrated by successful completion of the confirmatory examinations that may be required by the board of examiners or its executive committee and at least 2 years of experience satisfactory to the board of examiners or its executive committee in the practice of engineering or geoscience subsequent to the attainment of that academic standing; or
(c)
successfully completed the examinations that may be prescribed by the board of examiners or its executive committee and have a total of at least 6 years of experience satisfactory to the board of examiners or its executive committee in the practice of engineering or geoscience, one year of which must be obtained subsequent to successful completion of the prescribed examinations.
(3)
In the event that an applicant for registration as a professional member seeks to transfer membership to this association and is a registered member in good standing of an association of professional engineers or geoscientists acceptable to the board of examiners or its executive committee, the board of examiners or its executive committee may waive the requirements for registration provided in subsections (1) and (2). Registration as licensee
6.
In order to be eligible for registration as a licensee, an applicant may be required by the board of examiners or its executive committee to meet the requirements specified in paragraphs 5(1)(a), (b), (c) and (d), in addition to other requirements of the Act, the regulations and the by-laws. Development program required
6.1
(1) A professional member, licensee or member in training shall comply with the requirements of the associations professional development program policies established by the council.
(2)
The registrar shall cancel the registration of a professional member, licensee or member in training who fails to comply with subsection (1).
(3)
Notwithstanding subsections (1) and (2), the council may, in the associations professional development program policies establish circumstances under which a professional member, licensee or member in training would be exempt from the requirements of those policies or a provision of those policies. PART II Requirement for issue of permit
7.
The council may issue a permit to a sole proprietor, partnership or other association of persons or corporation for the practice of engineering, geoscience, or both, in its own name, if the council is satisfied that the practice will be carried out by a professional member or licensee who is in responsible charge. Class A permits
8.
A sole proprietorship, partnership or other association of persons or a corporation may be issued a Class A permit in its own name and engage in the practice of engineering or geoscience and offer to provide professional services to the public if
(a)
the sole proprietorship, partnership or other association of persons or corporation is primarily engaged in offering and providing professional services to the public; and
(b)
in the case of a sole proprietorship, the sole proprietor is a professional member or licensee; or
(c)
in the case of a partnership or other association of persons or a corporation, the council is satisfied that all aspects of the practice of professional engineering or professional geoscience are performed by a professional engineer or geoscientist who is
(i)
in responsible charge,
(ii)
a full-time employee of the partnership or other association of persons or corporation, and
(iii)
a professional member, or
(iv)
a licensee, in which case the practice shall be restricted to the disciplines specified in the licence. Class B permits
9.
A sole proprietor, partnership or other association of persons or a corporation may be issued a Class B permit and engage in the practice of engineering or geoscience if
(a)
one of the customary functions of the proprietorship, partnership or other association of persons or corporation is to engage in the practice of engineering or geoscience, but whose principal activity is not the offering and providing of professional services to the public; and
(b)
in the case of a sole proprietorship, the sole proprietor is a professional member or licensee; or
(c)
in the case of a partnership or other association of persons, or corporation, the council is satisfied that all aspects of the practice of professional engineering or professional geoscience is done by a professional engineer or geoscientist who is
(i)
in responsible charge,
(ii)
a full-time employee of the partnership or other association of persons, or corporation, and
(iii)
a professional member, or
(iv)
a licensee, in which case the practice shall be restricted to the disciplines specified in the licence. Signing and sealing of documents
10.
When the practice of professional engineering or geoscience is carried on by a permit holder, all plans, specifications, reports and documents shall
(a)
be signed by and sealed with the stamp of the professional member or licensee who is responsible for and has supervised their preparation; and
(b)
carry the permit holder stamp issued to the permit holder. Association to be kept informed
11.
(1) A permit holder shall keep the association advised at all times of the names of professional members or licensees who are in responsible charge and changes to the names.
(2)
The professional member or licensee in responsible charge shall, on relinquishing that responsibility, immediately advise the registrar to that effect. Other conditions for issue of permit
12.
(1) The council shall issue a permit which shall be valid for the calendar year during which it is issued to a person, partnership or other association of persons or corporation that has
(a)
filed an application with the registrar on a form provided by the council;
(b)
paid all the fees prescribed by the council; and
(c)
satisfied the requirements of the Act, the regulations and the by-laws.
(2)
When a permit is issued under the Act and the regulations, the council shall provide the permit holder with a stamp bearing the permit number.
(3)
The stamp referred to in subsection (2) shall remain the property of the association and shall be surrendered to the association when demanded by the council. Revocation of permit
13.
A permit issued under the Act may be revoked or its renewal withheld by the council for failure of the permit holder to observe the requirements set out in the Act or the regulations, or where the council has found that the permit holder has acted in a manner which constitutes unprofessional conduct or unskilled practice of the profession. Name of firm
14.
A person, partnership or other association of persons or corporation shall not be incorporated or registered in the province under a title including the words "Professional Engineer" or "Professional Geoscientist" or variations or abbreviation of those words unless it holds and continues to hold a valid permit issued under the Act. Control and use of permit stamps and seals
15.
(1) The stamp or seal issued to the permit holder shall be under the control of and only used by the professional member or licensee in responsible charge of the professional practice in which the permit holder is engaged.
(2)
The stamp or seal issued to a permit holder shall be applied to all plans, specifications, reports and documents produced by the permit holder together with the stamp or seal and signature of the professional member or licensee who was in responsible charge of them.
(3)
The stamp or seal issued to a permit holder shall be inscribed with its year of validity. 209/89 s15 Qualifications
16.
(1) An application to become registered as a member-in-training may be made by a person who has acquired the academic qualifications required for registration but who has not yet fulfilled other requirements for full membership.
(2)
The educational qualifications of an applicant to become a member-in-training shall be appraised by the board of examiners. Admissions
17.
The board of examiners or its executive committee, upon being satisfied as to the applicant's good character, educational qualifications and intentions to qualify for registration as a professional member shall register the applicant as an engineer-in-training or geoscientist-in-training. Fees
18.
The registration and annual fees for members-in-training shall be fixed by the council. Register of members-in-training
19.
The registrar shall keep a register of all members-in-training who are in good standing. Cancellation and suspension
20.
(1) The council may, following a disciplinary hearing, suspend or cancel the registration of a member-in-training for unprofessional conduct or unskilled practice of the profession.
(2)
The council may, upon notice, suspend or cancel the registration of a member-in-training for failure to pay a prescribed fee. Time limits
21.
A person shall not remain on the register as a member-in-training for a period of more than 4 years unless the council in its discretion extends that period. Professionally qualified persons inadmissible
22.
A person shall not be registered as a member-in-training if at the time of application the applicant is qualified to become a professional member or licensee. 209/89 s22 Registration as examination candidate
23.
An applicant for registration as a professional member, who is required by the board of examiners or its executive committee to take either confirmatory examinations or examinations due to academic deficiencies, may be registered in the association as an examination candidate. Fee
24.
(1) There shall be no application fee for registering as an examination candidate.
(2)
The annual fee for an examination candidate shall be fixed by the council. Register of examination candidates
25.
The registrar shall keep a register of the names of all examination candidates in good standing. Cancellation and suspension
26.
(1) The council may, following a disciplinary hearing, suspend or cancel the registration of an examination candidate for conduct unbecoming the profession.
(2)
The council may, upon notice, suspend or cancel the registration of an examination candidate for
(a)
failure to pay a prescribed fee; or
(b)
failure to satisfy the conditions for writing examinations specified by the board of examiners or its executive committee.
(3)
Upon suspension or cancellation of registration, the candidate shall not be eligible to write examinations. Time limit
27.
A person shall not remain on the register as an examination candidate for more than 3 years. 209/89 s27 Category
28.
An applicant may be registered as a student of the association if the student is enroled in a full-time university program recognized by the board of examiners or its executive committee as a program leading to a degree in engineering or geoscience. Cancellation and suspension
29.
(1) The council may, following a disciplinary hearing, suspend or cancel the registration of a student of the association for conduct unbecoming the profession.
(2)
The council may upon notice, suspend or cancel the registration of a student of the association for
(a)
failure to pay a prescribed fee; or
(b)
discontinuance of enrolment in a full-time university program in engineering or geoscience. Fees
30.
The registration and annual fees for students shall be fixed by the council. 209/89 s30 Election of council
31.
(1) The president, 2 vice-presidents and the other professional members of the council shall be elected as prescribed by the by-laws.
(2)
The president may vote at meetings of the council only in the event of a tied vote. Representation
32.
The professional representation of members on the council shall be in proportion to their respective numbers in the association where possible and in accordance with the by-laws. Vacancy
33.
(1) When a vacancy occurs on the council, the remaining members of the council shall appoint a professional member to fill the vacancy.
(2)
A professional member of the council appointed to fill a vacancy shall be appointed only for the unexpired term of the council member whose place is to be filled. Executive committee
34.
(1) There is established an executive committee of council consisting of the president, who is the chairperson, the immediate past president and the 2 vice-presidents.
(2)
The executive committee shall conduct the regular day-to-day affairs and business of the council between council meetings. Other boards, committees and task forces
35.
In addition to the discipline committee, the executive committee of council and the board of examiners, the council shall appoint the other standing or special committees, task forces or boards that it considers necessary to serve the interests of the association and shall at the time of the appointment, delegate authority it considers necessary for the committees, task forces or boards to perform their function. Council to set terms of reference
36.
Except for the executive committee of council, discipline committee and the board of examiners, the council shall determine the terms of reference for all committees, boards or task forces. 209/89 s36 Board of examiners
37.
(1) The board of examiners shall consist of
(a)
an executive committee;
(b)
not less than 8 other professional members of the engineering and geoscience disciplines in proportion to their respective numbers in the association; and
(c)
those other persons that the council considers necessary to act as ex-officio members.
(2)
The executive committee of the board of examiners shall consist of
(a)
a chairperson who shall also serve as chairperson of the board of examiners;
(b)
2 vice-chairpersons, respectively representing the engineering and geoscience disciplines, who shall also serve as vice-chairpersons of the board of examiners;
(c)
those other members that the chairperson with the approval of the council considers necessary to consider specific applications.
(3)
A vacancy on the board of examiners shall be filled by the appointed by the council of a professional member for the unexpired term. Action by board of examiners
38.
(1) The executive committee of the board of examiners and, where considered appropriate by the executive committee, the board of examiners shall consider an application for registration as a professional member, licensee or member-in-training, which is received through the registrar.
(2)
On considering an application submitted to it by the registrar, the board of examiners or its executive committee may
(a)
approve the registration of the applicant;
(b)
refuse registration on the grounds that the applicant fails to meet one or more of the qualifications, specified in the Act and the regulations; or
(c)
defer approval until the applicant has successfully completed one or more examinations or completed a further term and type of experience that the board of examiners or its executive committee may require. Terms of reference
39.
The board of examiners shall meet when necessary to consider applications for registration and at least twice annually to consider matters of policy, significant changes in procedure, examination results and other matters referred to it by its executive committee or the council. Review by the council
40.
(1) The board of examiners or its executive committee shall send a written notice of a decision made by it under this Part to the applicant.
(2)
If a decision is made to refuse or defer registration of the applicant, reasons for the decision shall be sent in writing to the applicant.
(3)
If a decision is made to approve the registration, the registrar shall publish a notice of approval in accordance with the by-laws.
(4)
An applicant whose application for registration has been refused by the board of examiners or its executive committee may, within 30 days of receiving a notice of refusal and the reasons for the refusal, request the council to review the application by serving on the secretary a written request for review by the council setting out the reasons why, in his or her opinion, his or her registration as a professional member or licensee should be approved.
(5)
The council or committee of council shall, after receipt of a request for review under this section, review the application.
(6)
The applicant for registration
(a)
shall be notified in writing by the council or committee of council of the place, date and time it will consider the matter; and
(b)
is entitled to appear with counsel and make representations to the council or committee of council when it considers the matter.
(7)
For purposes of hearing an appeal to council under this Part, a quorum of the council or committee of council shall be 5 members.
(8)
On hearing a review under this section, the council or committee of council may make a decision which the board of examiners or its executive committee is authorized to make under this Part. 209/89 s40 Discipline committee
41.
(1) The council shall appoint a discipline committee of not less than 6 professional members of the association, one of whom shall be designated as the chairperson and those additional persons that the council may direct.
(2)
The term of appointment is 3 years.
(3)
Members may be reappointed for an additional 2 terms.
(4)
The membership of the committee shall include at least one professional engineer and one professional geoscientist.
(5)
For purposes of a preliminary investigation, the discipline committee shall appoint an investigative committee consisting of one member of the discipline committee who shall serve as chairperson and, if considered necessary by the discipline committee, the secretary and the professional standards director to conduct the preliminary investigation. Reinstatement
42.
A professional member or licensee whose registration has been suspended or cancelled or a permit holder whose permit has been revoked under section 44 of the Act as a result of a disciplinary proceeding may apply to the council to be reinstated. Findings of discipline committee
43.
(1) The discipline committee shall, within a reasonable period of time after the conclusion of a hearing, make a written decision on the matter, in which it shall
(a)
describe each finding made;
(b)
state the reasons for each finding made; and
(c)
state an order made.
(2)
The discipline committee shall immediately forward to the secretary
(a)
the decision; and
(b)
the record of the hearing, consisting of all evidence presented before it, including
(i)
all exhibits,
(ii)
all documents and records, and
(iii)
a transcript of all testimony given before it whether recorded electronically, mechanically or in handwritten form.
(3)
The secretary shall, immediately on receiving the decision and the record of the hearing referred to in subsection (2), serve
(a)
a copy of the decision on the investigated person; and
(b)
a notice of the nature of the decision on the complainant.
(4)
The investigated person or his or her counsel or agent may examine the record or a part of the record of the proceedings and hear a recording or examine a mechanical or handwritten form of record of a testimony. Appeal from discipline committee to council
44.
(1) An appeal to council of a finding or order of the discipline committee shall be commenced by a written notice of appeal that shall
(a)
describe the finding or order appealed from;
(b)
state the reasons for the appeal; and
(c)
be served on the secretary not more than 30 days after the date that the decision of the discipline committee was served on the investigated person.
(2)
The secretary shall, on receiving a notice of appeal under subsection (1), give the council a copy of the notice of appeal and make the record of the hearing available to each member of council. Report of disciplinary investigation
45.
If the discipline committee has directed, a full report of a disciplinary investigation and action taken shall be published in an APEGN publication after the allowable period of time has elapsed for appeals permitted by the regulations. Review by council
46.
The provisions of this Part with respect to an investigation and hearing by the discipline committee apply with necessary modification to a review of a professional member, licensee, permit holder, member-in-training, examination candidate or student by the council. 209/89 s46 Application
47.
(1) Professional members, licensees, permit holders, members-in-training, examination candidates and students shall conform with the Code of Ethics incorporated as the Schedule to these regulations.
(2)
The association shall publish the Code of Ethics and distribute it to professional members, licensees, permit holders, members-in-training, examination candidates and students. 209/89 s47 Default of payment of fees
48.
(1) The registration of a professional member, licensee, permit holder, member-in-training, examination candidate or student, who is in default of payment of annual fees or other fees, dues or levies, may be cancelled after the expiration of 30 days following personal service or service by certified mail on the professional member, licensee, permit holder, member-in-training, examination candidate or student of a written notice by the council under this section unless the person on whom the notice is served complies with the notice.
(2)
A notice under this section shall state that the registrar may cancel the registration or revoke the permit unless the fees, dues or levies are paid as indicated in the notice.
(3)
The council may direct the registrar to cancel a registration or revoke a permit which was entered or issued in error. Use of a stamp and seals
49.
(1) A stamp or seal issued to a professional member or licensee shall at all times remain under the direct control of the professional member or licensee and shall be applied by that person or by another acting under that person's immediate and direct control, to all plans, specifications, reports or documents of a professional nature which that person has authored or which have been prepared under that person's supervision and for which that person assumes professional responsibility.
(2)
A stamp or seal shall not be physically located in a manner that would allow its use by other than the professional member or licensee to whom it was issued.
(3)
A stamp or seal shall be accompanied by the signature of the professional member or licensee to whom it was issued and the date on which it is applied.
(4)
A stamp or seal may be applied to the cover page or final page of reports and specifications in a manner which clearly indicates acceptance of professional responsibility for the reports and specifications without being applied to each page.
(5)
The stamp or seal issued to a licensee shall be inscribed with its year of validity. Association publications
50.
The association shall issue on a regular basis, as directed by the council, a publication or publications for the general information of members on the affairs of the association and the profession generally. Publications re professional services
51.
The association may publish on an annual basis or as directed by the council, for the information of members and the public, conditions of engagement and schedules of professional fees for particular types of professional engineering and geoscientific services. Professional selection guide
52.
The association may publish a guide to the selection of professional engineers and geoscientists for consulting services to assist clients in the selection of professionally and legally qualified consultants and consulting firms. Services guide
53.
The association may publish guides to the scope of professional services which shall define for clients the services to be expected from a consulting engineer or geoscientist. Other publications
54.
The association may issue, on an annual basis or as directed by the council, publications for the purpose of promoting high standards of professional services and adequate remuneration for those services and for the maintenance and improvement of the competence of members.
55.
The provisions of subsection 4(1) of the Act shall not be construed so as to constrain the authority of the Board of Regents at
Repeal
56.
The Engineers and Geoscientists Regulations, Newfoundland Regulation 209/89, are repealed. Code of Ethics
1.
(1) A professional engineer or geoscientist shall recognize that professional ethics are founded upon integrity, competence and devotion to service and to the advancement of human welfare.
(2)
The concept referred to in subsection (1) shall guide the conduct of the professional engineer or geoscientist. Duties to the public
2.
A professional engineer or geoscientist shall
(a)
have proper regard in all his or her work for the safety, health and welfare of the public;
(b)
endeavour to extend public understanding of engineering and geoscience and their role in society;
(c)
where his or her professional knowledge may benefit the public, seek opportunities to serve in public affairs;
(d)
not be associated with enterprises contrary to the public interest;
(e)
undertake only the work that he or she is competent to perform by virtue of his or her education, training and experience;
(f)
sign and seal only those plans, documents or work that he or she has personally prepared or which have been prepared or carried out under his or her direct professional supervision; and
(g)
express opinions on engineering or geoscientific matters only on the basis of adequate knowledge and honest conviction. Duties to client or employer
3.
A professional engineer or geoscientist shall
(a)
act for his or her client or employer as a faithful agent or trustee;
(b)
not accept remuneration for services rendered other than from his or her client or employer;
(c)
not disclose confidential information without the consent of his or her client or employer;
(d)
not undertake an assignment which may create a conflict of interest with his or her client or employer without a full knowledge of the client or employer; and
(e)
present clearly to his or her clients or employers the consequences to be expected if his or her professional judgment is overruled by other authorities in matters pertaining to work for which he or she is professionally responsible. Duties to the profession
4.
A professional engineer or geoscientist shall
(a)
endeavour at all times to improve the competence, dignity and reputation of his or her profession;
(b)
conduct himself or herself towards other professional engineers and geoscientists with fairness and good faith;
(c)
not advertise his or her professional services in self-laudatory language or in another manner derogatory to the dignity of the profession;
(d)
not attempt to supplant another engineer or geoscientist in an engagement after definite steps have been taken toward the other's employment;
(e)
when in a salaried position, engage in a private practice and offer or provide professional services to the public only with the consent of his or her employer and in compliance with all requirements of that practice;
(f)
not exert undue influence or offer, solicit or accept compensation for the purpose of affecting negotiations for an engagement;
(g)
not invite or submit proposals under conditions that constitute only price competition for professional services;
(h)
advise the council of a practice by another member of the profession which he or she believes to be contrary to this Code of Ethics. 209/89 Sch ŠEarl G. Tucker, Queen's Printer |