NLR 43/11 - Engineers and Geoscientists Regulations, 2011 under the Engineers and Geoscientists Act, 2008

Short title

1. These regulations may be cited as the Engineers and Geoscientists Regulations, 2011 .

Definitions

2. In these regulations

(a) "Act" means the Engineers and Geoscientists Act, 2008 ;

(b) "Canadian jurisdiction" has the meaning assigned to that term in the Labour Mobility Implementation Act ;

(c) "confirmatory examination" means an examination required by the registration committee for the purpose of assessing an engineering or geoscience degree or equivalent academic qualifications held by an applicant and not an examination for the completion of perceived specific academic deficiencies;

(d) "examination candidate" means a person referred to in section 20 ;

(e) "executive committee" means the executive committee of the registration committee referred to in subsection 24 (3);

(f) "limited licensee" means a person issued a special license by the registration committee to practise either engineering or geoscience within a specified and limited scope;

(g) "professional good standing" means

(i) evidence of the applicant's professional good character satisfactory to the registration committee, which evidence may include letters of reference from employers and other persons familiar with the professional practice of an applicant,

(ii) evidence of the applicant's currency of continuing competence requirements satisfactory to the registration committee, and

(iii) the applicant is not subject to discipline actions or sanctions in a jurisdiction where he or she has practised or held registration;

(h) "professional member" means a person holding one of the categories of registration referred to in section 4 ;

(i) "professional member in responsible charge" means a professional member who in the normal day to day work routine of that professional member directly supervises and is responsible for all work performed by a permit holder in the engineering or geoscience discipline of the permit;

(j) "reciprocal jurisdiction" means jurisdiction covered by an agreement to which the association or the province is party, whether or not that jurisdiction is in Canada, and which provides for the mobility of engineers and geoscientists between that jurisdiction and the province, or which may be otherwise recognized by the board as a jurisdiction which has registration standards equivalent to those established under the Act;

(k) "registration authority" means

(i) a regulatory authority of a Canadian jurisdiction, or

(ii) an association or other authority or body responsible for the registration or licensure of persons in the practice of engineering or geoscience in a reciprocal jurisdiction;

(l) "registration committee" means the committee referred to in section 24 and includes the executive committee of the registration committee;

(m) "regulatory authority" has the meaning assigned to that term in the Labour Mobility Implementation Act ;

(n) "required fees" means fees that may be prescribed by the board, and "required fees, dues and levies" shall have like meaning; and

(o) "required form" means a form that may be prescribed by the registrar.

43/11 s2

Applications for registration and renewal of registration

3. (1) Applications for registration and renewal of registration as a professional member, permit holder, member-in-training or examination candidate shall be made to the registrar in the required form and accompanied by the required fees.

(2) An application for registration made in accordance with subsection (1) shall be referred by the registrar to the registration committee.

(3) The registrar or the registration committee may require the applicant to consent to the registrar, the registration committee or their designate obtaining confirmation or verification from the relevant person, authority or body of documentation and information submitted as part of an application made under subsection (1).

(4) The registrar or the registration committee may require an applicant to provide evidence of being in professional good standing.

43/11 s3

PART I
REGISTRATION OF PROFESSIONAL MEMBERS

Categories of registration of professional members

4. (1) There are established the following categories of registration of professional members:

(a) professional engineer - unrestricted licence;

(b) professional geoscientist - unrestricted licence;

(d) professional member in the practice of geoscience - limited licensee.

(2) A person who has been issued a limited licence may use the respective designation of either "Eng. L." or "Geo. L."

43/11 s4

Registration as a professional engineer or geoscientist - unrestricted licence

5. (1) In order to be eligible for registration as a professional engineer-unrestricted licence or professional geoscientist-unrestricted licence, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

(a) make application for registration in accordance with section 3 including payment of required fees;

(b) have knowledge of the Act, the regulations and by-laws, satisfactory to the registration committee;

(c) have communication abilities in the English language satisfactory to the registration committee demonstrating the ability to competently practise engineering or geoscience in the province;

(d) 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 registration committee may require;

(e) demonstrate good character in the education, training and work experience and other matters applicable to entry into the profession; and

(f) satisfy all academic and applicable experience requirements.

(2) In order to satisfy all academic and practical experience requirements referred to in paragraph (1)(f), an applicant shall have either

(a) a degree in engineering or geoscience from a university program approved by the registration committee and at least 4 years of applicable work experience satisfactory to the registration committee in the practice of engineering or geoscience 3 years of which shall be gained subsequent to the conferral of the degree;

(b) academic qualifications equivalent to a degree in engineering or geoscience demonstrated by successful completion of the confirmatory examinations that may be required by the registration committee and at least 4 years of applicable work experience satisfactory to the registration committee in the practice of engineering or geoscience subsequent to the attainment of those academic qualifications; or

(c) successfully completed the examinations that may be prescribed by the registration committee and have a total of at least 6 years of applicable work experience satisfactory to the registration committee in the practice of engineering or geoscience, one year of which shall be obtained subsequent to successful completion of the prescribed examinations.

(3) The registration committee shall waive the requirements for registration provided in paragraphs (1)(d) and (1)(f) and subsection (2) where

(a) an applicant holds a registration and is in professional good standing with a registration authority; and

(b) the category of registration held by the applicant is recognized by the registration committee as equivalent to that of a professional engineer-unrestricted licence or professional geoscientist-unrestricted licence.

43/11 s5

Registration as professional member - limited licensee

6. (1) To be eligible for registration as a professional member - limited licensee, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

(a) meet the requirements specified in paragraphs 5 (1)(a), (b), (c), (d), and (e); and

(b) satisfy all academic and applicable experience requirements.

(2) In order to satisfy all academic and applicable experience requirements referred to in paragraph (1)(b), an applicant shall have either

(a) a science degree in a discipline and from a university program approved by the registration committee and at least 8 years applicable work experience in engineering or geoscience satisfactory to the registration committee;

(b) a degree or diploma in engineering technology or geoscience technology from an institution approved by the registration committee in a program approved by the registration committee and at least 8 years applicable work experience in engineering or geoscience satisfactory to the registration committee; or

(c) other academic qualifications acceptable to the registration committee and at least 8 years applicable work experience in engineering or geoscience satisfactory to the registration committee.

(3) The registration committee may develop a policy for the waiver of the registration requirements for professional member-limited licensee provided in paragraphs 5 (1)(b) and (d) and subsection (2), to be based on an assessment of whether a category of registration with a registration authority is equivalent to that of professional member-limited licensee.

(4) Upon the development of the policy referred to in subsection (3) and the adoption of that policy by the board, the registration committee may waive the requirements for registration as professional member-limited licensee provided in paragraphs 5 (1)(b) and (d) and subsection (2) for applicants who meet the requirements set out in the policy.

43/11 s6

Conditions for continuing registration of professional members

7. (1) The registration of a professional member shall expire annually on December 31.

(2) The registrar shall annually renew the registration of a professional member who

(a) makes application for renewal of registration in accordance with section 3 including payment of required fees;

(b) is in professional good standing;

(d) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a professional member.

(3) A professional member who has not met the requirements for registration renewal set out in subsection (2) before the expiry date provided in subsection (1) shall be considered not to be registered under the Act, starting from that expiry date and continuing until the professional member meets the requirements for registration renewal.

(4) Notwithstanding subsections (2) and (3), a professional member who has not renewed his or her registration in two consecutive calendar years shall no longer have the right to apply for registration renewal, and shall be required to re-apply for eligibility for registration.

43/11 s7

Control and use of a stamp and seals

8. (1) When a professional member is registered under the Act and the regulations, the registrar shall provide the professional member with a stamp or seal.

(2) A stamp or seal issued to a professional member shall at all times remain under the direct control of the professional member and shall be applied by that professional member or by another person acting under that professional member'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.

(3) A stamp or seal shall not be physically located in a manner that would allow its use by a person other than the professional member to whom it was issued or a person under that professional member's immediate and direct control.

(4) A stamp or seal shall be accompanied by the signature of the professional member to whom it was issued and the date on which it is applied.

(5) 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.

(6) The stamp or seal referred to in subsection (1) shall remain the property of the association and shall be surrendered to the association when demanded by the registrar.

43/11 s8

PART II
REGISTRATION OF PERMIT HOLDERS

Requirements for registration of permit holders

9. (1) To be eligible for registration as a permit holder, a sole proprietor shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

(a) make application for registration in accordance with section 3 including payment of required fees;

(b) be a currently registered professional member in professional good standing;

(c) satisfy the registration committee that all aspects of the practice of the applicant in each discipline of professional engineering or professional geoscience are performed by the sole proprietor; and

(d) provide proof to the registrar of professional liability insurance coverage in the form and amount prescribed and published by the board.

(2) To be eligible for registration as a permit holder, a partnership, limited partnership or other association of persons or corporation shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

(a) make application for registration in accordance with section 3 including payment of required fees;

(b) satisfy the registration committee that all aspects of the practice in each discipline of professional engineering or professional geoscience of the applicant are directly supervised by a professional member who is

(i) a professional member in responsible charge,

(ii) an employee of the partnership, limited partnership or other association of persons or corporation, and

(iii) currently registered and in professional good standing; and

(c) provide proof to the registrar of professional liability insurance coverage in the form and amount prescribed and published by the board.

(3) The practice of professional engineering or geoscience of a permit holder shall be restricted to the discipline or disciplines specified in the permit.

43/11 s9

Association to be kept informed

10. (1) A permit holder shall keep the registrar advised at all times of the names of professional members who are in responsible charge and shall immediately notify the registrar of changes, whether temporary, indefinite or permanent, in the status of a professional member in responsible charge for the permit holder.

(2) The professional member in responsible charge shall, on relinquishing that responsibility whether temporarily, indefinitely or permanently, immediately notify the registrar to that effect.

43/11 s10

Conditions for continuing registration of permit holders

11. (1) The registration of a permit holder shall expire annually on December 31.

(2) The registrar shall annually renew the registration of a permit holder which

(a) makes application for renewal of registration in accordance with section 3 including payment of required fees;

(b) continues to meet the requirements of subsection 9 (1) or (2); and

(c) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a permit holder.

(3) A permit holder which has not met the requirements for registration renewal set out in subsection (2) before the expiry date provided in subsection (1) shall be considered to not be registered under the Act, starting from that expiry date and continuing until the permit holder meets the requirements for registration renewal.

43/11 s11

Control and use of stamps and seals

12. (1) When a permit is issued under the Act and the regulations, the registrar shall provide the permit holder with a stamp or seal.

(2) A permit holder shall inscribe the stamp or seal issued to the permit holder with the year for which the permit is valid.

(3) The stamp or seal issued to the permit holder shall be under the control of and only used by the professional member in responsible charge of the professional practice in which the permit holder is engaged.

(4) When the practice of professional engineering or geoscience is carried on by a permit holder, all plans, specifications, reports and documents shall

(a) in the case of a sole proprietorship, be signed by and sealed with the stamp or seal of the professional member who is the sole proprietor and who is responsible for and has supervised their preparation;

(b) in the case of a partnership, limited partnership or other association of persons or a corporation, be signed by and sealed with the stamp or seal of the professional member who is responsible for and has supervised their preparation; and

(5) The stamp or seal referred to in subsection (1) shall remain the property of the association and shall be surrendered to the association when demanded by the registrar.

43/11 s12

PART III
REGISTRATION OF MEMBERS-IN-TRAINING

Qualifications

13. (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 registration as a professional engineer or professional geoscientist.

(2) The academic qualifications of an applicant to become a member-in-training shall be appraised by the registration committee.

43/11 s13

Registration as a member-in-training

14. In order to be eligible for registration as a member-in-training, engineering, or a member-in-training, geosciences, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

(a) make application for registration in accordance with section 3 including payment of required fees;

(b) have demonstrated good character in the education, training, work experience and other matters applicable to entry into the profession; and

43/11 s14

Register of members-in-training

15. The registrar shall keep a register of all members-in-training who are in good standing.

43/11 s15

Conditions for continuing registration of members-in-training

16. (1) The registration of a member-in-training shall expire annually on December 31.

(2) The registrar shall annually renew the registration of a member-in-training who

(a) makes application for renewal of registration in accordance with section 3 including payment of required fees;

(b) is in professional good standing;

(d) continues to satisfy the applicable requirements of the Act, the regulations and the by-laws for eligibility for registration as a member-in-training.

(3) A member-in-training who has not met the requirements for registration renewal set out in subsection (2) before the expiry date provided in subsection (1) shall be considered not to be registered under the Act, starting from that expiry date and continuing until the member-in-training meets the requirements for registration renewal.

(4) Notwithstanding subsections (2) and (3), a member-in-training who has not renewed his or her registration in two consecutive calendar years shall no longer have the right to apply for registration renewal, and shall be required to re-apply for eligibility for registration.

43/11 s16

Suspension or cancellation of registration

17. The registration committee may, upon notice, suspend or cancel the registration of a member-in-training for failure to comply with the Act, regulations or by-laws.

43/11 s17

Time limits

18. A person shall not remain on the register as a member-in-training for a period of more than 6 years unless the registration committee in its discretion extends that period.

43/11 s18

Professionally qualified persons inadmissible

19. A person shall not be registered as a member-in-training where at the time of application the applicant is qualified to become a professional member.

43/11 s19

PART IV
REGISTRATION OF EXAMINATION CANDIDATES

Registration as examination candidate

20. An applicant for registration as a professional member, who is required by the registration committee to take either confirmatory examinations or examinations due to academic deficiencies, shall be registered in the association as an examination candidate.

43/11 s20

Register of examination candidates

21. The registrar shall keep a register of the names of all examination candidates in good standing.

43/11 s21

Cancellation and suspension

22. (1) The registration committee upon registration of an examination candidate may establish an annual expiry date for that registration and that registration shall expire annually, without notice, where application for renewal is not made in the required form before the expiry date.

(2) The registration committee may, upon notice, suspend or cancel the registration of an examination candidate for failure to comply with the Act, regulations or by-laws.

(3) Notwithstanding subsections 22 (1) and (2), the registrar may, upon notice, suspend or cancel the registration of an examination candidate for

(a) failure to pay a required fee; or

(b) failure to satisfy the conditions for writing examinations specified by the registration committee.

43/11 s22

Time limit

23. A person shall not remain on the register as an examination candidate for more than 3 years.

43/11 s23

PART V
REGISTRATION COMMITTEE

Registration committee

24. (1) The board shall establish a registration committee and appoint members to the committee.

(2) The registration committee shall consist of

(a) not fewer than 5 professional members; and

(b) those other persons that the board considers necessary.

(3) The executive committee of the registration committee shall consist of

(a) a chairperson, who shall also serve as chairperson of the registration committee, appointed by the board from among the members of the registration committee;

(b) 2 vice-chairpersons appointed by the board from among the members of the registration committee; and

(c) those other members of the registration committee that the executive committee considers necessary to consider specific applications.

43/11 s24

Action by registration committee

25. (1) The executive committee of the registration committee and, where considered appropriate by the executive committee, the registration committee shall appraise an application for registration as a professional member, permit holder, member-in-training or examination candidate which is received through the registrar.

(2) On considering an application submitted to it by the registrar, the registration committee or its executive committee may

(a) approve the registration of the applicant;

(b) not approve registration on the grounds that the applicant fails to meet one or more of the requirements for registration in the Act and the regulations; or

(c) defer approval until, in the case of an applicant as professional member, the applicant has successfully completed one or more examinations or completed a further term and type of experience that the registration committee or its executive committee may require, or in the case of an applicant as professional member or a permit holder, the applicant has met one or more requirements for registration or has provided additional information required by the registration committee or its executive committee.

(3) The registration committee may, with the approval of the board, delegate to the registrar the approval of applicants for registration in circumstances where the evaluation of academic qualifications and experience requirements of applicants is not required.

43/11 s25

Terms of reference

26. The registration committee 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 board.

43/11 s26

Review by the Board

27. (1) The registrar shall send a written notice of a decision made by the registration committee, its executive committee or the registrar under this Part to the applicant.

(2) Where a decision is made to not approve or to defer registration of the applicant, reasons for the decision shall be sent in writing to the applicant.

(3) Where 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 as a professional member or permit holder has not been approved by the registration committee may, within 30 days of receiving a notice of the decision and the reasons for the decision, request the board to review the application by serving on the registrar a written request for review by the board setting out the reasons why, in his or her or its opinion, his or her or its registration as a professional member or permit holder should be approved.

(5) Notwithstanding subsection (4), where approval of an application has been deferred under paragraph 25 (2)(c), the applicant shall have no right to request review of the application by the board.

(6) The board or a committee of the board, other than the registration committee or a member of that committee, shall, after receipt of a request for review under this section, review the application.

(7) The applicant for registration

(a) shall be notified in writing by the board or committee of board of the place, date and time it shall consider the matter; and

(b) is entitled to appear with counsel and make representations to the board or committee of board when it considers the matter.

(8) For purpose of hearing a review under this Part, a quorum of the board or committee of board shall be 3 members.

(9) On hearing a review under this section, the board or committee of board may make a decision which the registration committee is authorized to make under this Part.

43/11 s27

PART VI
DISCIPLINE

Filing of an allegation

28. (1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

(2) A respondent shall have 30 days from the notification of the allegation to respond to the complainant's allegation.

(3) Notwithstanding subsection (2), the complaints authorization committee, or a person appointed by the complaints authorization committee, may request and accept from a respondent a further reply to an allegation.

(4) The chairperson of the complaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether the committee intends to conduct an investigation of the allegation under section 24 of the Act.

(5) Where the complaints authorization committee suspends the registration of a respondent under subsection 24(4) of the Act, the committee shall publish a notice of the suspension in a newspaper of general circulation in or near the community where the respondent practices.

(6) In addition to the notice given under subsection (5) the committee may also give notice to those persons or by another means the committee considers appropriate.

43/11 s28

Mediation

29. (1) Where the complaints authorization committee refers an allegation back to the registrar for mediation under paragraph 24(1)(a) of the Act, the registrar shall take the steps required for the mediation to take place.

(2) The complainant and the respondent must agree to participate in the mediation and to accept the result.

(3) The mediator shall conduct the mediation in accordance with a mediation agreement acceptable to the complainant, the respondent and the complaints authorization committee.

(4) Where the complaints authorization committee, the complainant and the respondent accept the result of the mediation, the disciplinary process is concluded.

(5) Where the complaints authorization committee does not accept the result of the mediation, it may exercise one or more of the powers given it under section 24 of the Act.

(6) Where a mediation has not been concluded within 3 months of its commencement or, where, during the 3 month period, the mediator concludes there is no reasonable prospect that the mediation will be concluded satisfactorily, the mediator shall refer the allegation back to the complaints authorization committee and, in that case, the committee may exercise one or more of the powers given it under section 24 of the Act.

(7) The association shall bear the costs of the mediator and the place where the mediation is conducted, and the complainant and the respondent shall bear their costs.

43/11 s29

Appointment of an adjudication tribunal

30. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel.

43/11 s30

Adjudication tribunal hearing date

31. (1) An adjudication tribunal shall set a hearing date at the later of

(a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary proceeding; or

(b) 90 days after the complaint is referred to the disciplinary panel.

(2) The chairperson of the adjudication tribunal may extend a period referred to in subsection (1) after first seeking the opinions of the respondent and the board regarding the extension.

43/11 s31

Decision of the adjudication tribunal

32. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the completion of the hearing of the complaint by the adjudication tribunal.

43/11 s32

PART VII
GENERAL

Expiry and cancellation of registration

33. (1) The registration of a professional member, permit holder or member-in-training who is in default of payment of required fees for renewal of registration, or who has not met another requirement for annual renewal of registration, shall expire on the date of the annual expiry of the registration.

(2) The registration of a professional member, permit holder or member-in-training who is in default of payment of required fees, dues or levies, other than required fees for renewal of registration, may be cancelled after the expiration of 30 days following personal service or service by certified mail on the professional member, limited licensee, permit holder or member-in-training of a written notice by the Registrar under this section unless the person on whom the notice is served complies with the notice.

(3) A notice under subsection (2) shall state that the registrar may cancel the registration or revoke the permit, without further notice, unless the fees, dues or levies are paid as indicated in the notice.

(4) The board or the registration committee may direct the registrar to cancel a registration or revoke a permit which was entered or issued in error.

(5) The registration of a professional member, permit holder, member-in-training or examination candidate under the Act and the regulations may, on notice, be suspended, cancelled or its renewal withheld by the board or the registration committee for failure of the professional member, the permit holder, the professional member in responsible charge of a permit holder, member-in-training or examination candidate to meet the requirements set out in the Act or the regulations for continuing registration.

(6) The registrar, upon direction from the board, may give notice to the profession and to the public of an action taken under this section.

43/11 s33

Development program required

34. (1) A professional member or member in training shall comply with the requirements of the association's professional development program policies established by the board.

(2) The registrar shall cancel the registration of a professional member or member in training who fails to comply with subsection (1).

(3) Notwithstanding subsections (1) and (2), a professional member who files with the association a declaration in writing stating that that person is not actively engaged in the practice of a profession is exempt from the requirements of subsection (1).

(4) Notwithstanding subsections (1) and (2), the board may, in the association's professional development program policies, establish circumstances other than those set out in subsection (3) under which a professional member or member in training would be exempt from the requirements of subsection (1).

(5) An exemption under this section is only effective for the calendar year in which a declaration is filed under subsection (3) or an exemption granted under subsection (4) but may be renewed annually by the registrar for additional yearly periods where renewal is in accordance with the professional development program policies established by the board.

(6) A professional member shall not engage in the practice of a profession while an exemption under this section is in effect.

(7) A professional member who has been exempted from the requirements of the association's professional development program policies under this section, and who intends to resume the practice of the profession

(a) shall before resuming practice notify the registrar in writing of that intention;

(b) shall be notified by the registrar in writing of whether the professional member shall comply with conditions to resume practice within 30 days of the registrar receiving the notice given under paragraph (a); and

(c) shall not resume practice until receiving notice from the registrar of whether conditions apply to the resumption of practice under paragraph (b), and where conditions do apply, shall only resume practice in accordance with those conditions.

43/11 s34

Substitution for registrar

35. Where reference is made to the registrar in these regulations, and where the registrar is temporarily unable to fulfil the functions contemplated by these regulations due to illness or other reason, those functions may be carried out by another person designated by the board.

43/11 s35

Association publications

36. The association may issue newsletters, guides, statements of policies and standards, and other publications for the purpose of

(a) promoting high standards of professional services and adequate remuneration for those services and for the maintenance and improvement of the competence of members;

(b) outlining the scope of professional services which shall define for clients the services to be expected from a consulting engineer or geoscientist;

(d) informing and generally notifying members on the affairs of the association and the profession generally.

43/11 s36

Repeal

37. The Engineers and Geoscientists Regulations , Consolidated Newfoundland and Labrador Regulation 1107/96, are repealed.

43/11 s37

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