The Engineering and Geoscientific Professions Act, C.C.S.M. c. E120 (Assented to June 29, 1998) bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions PART 2 ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS 2 Association continued 3 Purposes of association 4 Head office 5 Membership 6 Powers of association PART 3 COUNCIL AND ELECTION OF COUNCILLORS 7 Constitution of council 8 Election, appointment of councillors 9 Powers of council 10 Validity of council's acts PART 4 CODE OF ETHICS AND BY-LAWS 11 Code of ethics 12 By-laws PART 4.1 CONTINUING PROFESSIONAL DEVELOPMENT 12.1 Compliance and recordkeeping 12.2 Suspension for non-compliance PART 5 ANNUAL AND SPECIAL MEETINGS 13 Annual meeting PART 6 REGISTRATION, CERTIFICATION AND LICENCES 14 Registration committee 15 Qualifications for membership 16 Practice under certificate of authorization 17 Qualifications for temporary licence 18 Qualifications for specified scope of practice licence 19 Qualifications for enrolment as an intern 20 Application not approved by registration committee 20.1 Appeal by applicant 21-23 Repealed PART 7 DUES 24 Annual dues PART 8 SEAL 25 Definitions 26 Use of seal or signature issued by association PART 9 REGISTER 27 Register 28 Certificates PART 10 DISCIPLINE 29 Extended definitions 30 Investigation committee 31 Complaints 32 Registrar to refer complaint 33 Production of records 34 Investigated person not to communicate with complainant 35 Decision of investigation committee 36 Notice of decision 36.1 Appeal by complainant 36.2 Publication of decision 36.3 Order for costs 37 Suspension pending outcome 38 Discipline committee 39 Hearing by discipline committee 40 Hearings open to public unless otherwise ordered 41 Evidence 42 Witnesses 43 Notice to attend and produce records 44 Failure to attend or give evidence 45 Hearing in absence of investigated person 46 Findings of discipline committee or panel 47 Orders of the panel 48 Costs and fines 49 Written order 50 Publication of name and outcome 51 Repealed 52 Rules of practice and procedure 53-54 Repealed 55 Appeal to Court of Appeal PART 10.1 APPEALS 55.1 Appointment of appeal committee 55.2 Appointing an appeal panel 55.3 Hearing required 55.4 Powers on appeal 55.5 Appeal to court PART 11 NO ACTIONS AGAINST MEMBERS 56 No action to lie PART 12 PROHIBITIONS 57 Prohibitions on practice 58 Use of titles — professional engineers 58.1 Exception — professional engineers and geoscientists 59 Prohibition on contracting with corporations and partnerships PART 13 OFFENCES AND ENFORCEMENT 60 Limitations on prosecutions 61 Onus 62 Practice proved by a single act 63 Information 64 Injunction 65 Penalties PART 14 EXCEPTIONS 66 Activities that are not affected 66.1 Prime consultant PART 15 INTER-ASSOCIATION RELATIONS JOINT BOARDS 67 Joint board with The Certified Technicians and Technologists Association of Manitoba Inc. 68 Joint board with the Manitoba Association of Architects 68.1 Repealed PART 16 TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO FORCE 69 Transitional provisions 70-74 Consequential amendments 75 Repeal, C.C.S.M. c. E120 76 C.C.S.M. reference 77 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 DEFINITIONS Definitions 1 In this Act, "association" means the Association of Professional Engineers and Geoscientists of the Province of Manitoba; (« Association ») "by-laws" means by-laws of the association; (« règlements administratifs ») "certificate of authorization" means the certificate issued under the seal of the association certifying that a partnership, corporation, or other legal entity is entitled to practice professional engineering or professional geoscience within the province through partners or employees who are members or licensees; (« certificat d'autorisation ») "certificate of registration" means the certificate issued under the seal of the association certifying that a member is entitled to practice professional engineering or professional geoscience within the province; (« certificat d'inscription ») "council" means the council of the association; (« conseil ») "court" means the Court of King's Bench; (« tribunal ») "engineering intern" means a natural person who has been enrolled by the association as an engineering intern and whose name is entered on the association's register as an engineering intern; (« stagiaire en génie ») "geoscience intern" means a natural person who has been enrolled by the association as a geoscience intern and whose name is entered on the association's register as a geoscience intern; (« stagiaire en géoscience ») "holder of a certificate of authorization" means a partnership, corporation or other legal entity other than a natural person that holds a valid and subsisting certificate of authorization; (« titulaire d'un certificat d'autorisation ») "layperson" means a natural person who is not and never has been a member, licensee, engineering intern or geoscience intern; (« profane ») "licensee" includes both a temporary licensee and a specified scope of practice licensee; (« titulaire de permis ») "member" , unless the context otherwise requires, means a natural person who holds a valid and subsisting certificate of registration and whose name is entered on the register of the association as a member; (« membre ») "person" means a natural person, partnership, corporation, unincorporated association, unincorporated organization, trustee, executor, administrator or other legal personal representative of a natural person; (« personne ») "practice of professional engineering" means any act of planning, designing, composing, measuring, evaluating, inspecting, advising, reporting, directing or supervising, or managing any of the foregoing, that requires the application of engineering principles and that concerns the safeguarding of life, health, property, economic interests, the public interest or the environment; (« exercice de la profession d'ingénieur ») "practice of professional geoscience" means any act of documenting, analysing, evaluating, interpreting or reporting on the earth's materials or on resources, forms or processes, or managing any of the foregoing, that requires the application of the principles of geology, geophysics or geochemistry and that concerns the safeguarding of life, health, property, economic interests, the public interest or the environment; (« exercice de la profession de géoscientifique ») "president" means the president of the association; (« président ») "professional engineer" means a member or temporary licensee who is authorized to engage in the practice of professional engineering under this Act; (« ingénieur ») "professional geoscientist" means a member or temporary licensee who is authorized to engage in the practice of professional geoscience under this Act; (« géoscientifique ») "public interest" means the well-being, convenience and concern of the public at large; (« intérêt public ») "register" means the written, printed or computer readable document recording the name, status and disciplinary history of every current and former member, licensee, holder of a certificate of authorization, engineering intern and geoscience intern; (« registre ») "registrar" means the registrar of the association; (« registraire ») "secretary" means the secretary-treasurer of the association; (« secrétaire ») "specified scope of practice licence" means the certificate issued under the seal of the association to a natural person certifying that the holder has been licensed to practice professional engineering or professional geoscience within the scope, and subject to the restrictions, specified in the specified scope of practice licence; (« permis d'exercice limité ») "specified scope of practice licensee" means a natural person who holds a valid and subsisting specified scope of practice licence and whose name is entered on the association's register as a specified scope of practice licensee; (« titulaire de permis d'exercice limité ») "student" means a natural person who is registered in an accredited engineering or geoscience program at a Manitoba university, who has been enrolled by the association as a student and whose name is entered on the association's register as a student; (« étudiant ») "temporary licence" means the certificate issued under the seal of the association certifying that a natural person has been licensed to temporarily practice professional engineering or professional geoscience within the province; (« permis temporaire ») "temporary licensee" means a natural person who holds a valid and subsisting temporary licence. (« titulaire d'un permis temporaire ») S.M. 2015, c. 31, s. 2 ; S.M. 2022, c. 48, s. 2 . PART 2 ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS Association continued 2 The Association of Professional Engineers of the Province of Manitoba is continued as a body corporate under the name "Association of Professional Engineers and Geoscientists of the Province of Manitoba". Purposes of association 3 The purposes of the association are to (a) govern and regulate the practice of professional engineering and professional geoscience in Manitoba; (b) promote and increase, in the public interest, the knowledge, skill and competency (i) of its members, and (ii) of all other persons governed or regulated by it, in all things relating to the professions of engineering and geoscience; (c) advocate where the public interest is at risk; (d) promote professional engineering and professional geoscience and the role of the association; and (e) carry out any duties and exercise any powers that are given to it by another enactment. S.M. 2004, c. 38, s. 2 ; S.M. 2015, c. 31, s. 3 . Head office 4 The head office of the association shall be in the Province of Manitoba. Membership 5 The membership of the association shall consist of the persons who hold valid and subsisting certificates of registration and whose names are, from time to time, entered on the register of the association as members. S.M. 2022, c. 48, s. 3 . Powers of association 6 To carry out its purposes, the association may (a) acquire real or personal property by purchase, lease, gift, devise, bequest or otherwise, and dispose of that property by sale, mortgage, lease, gift or otherwise; (b) invest any moneys belonging to it in investments and securities as though the association were a trustee for the money; (c) borrow money for the purposes of the association and mortgage or charge property of the association as security for the money so borrowed; and (d) make grants, donations and loans, and give financial or other assistance. S.M. 2004, c. 38, s. 3 ; S.M. 2015, c. 31, s. 4 . PART 3 COUNCIL AND ELECTION OF COUNCILLORS Constitution of council 7 There shall be a council of the association consisting of (a) the president, if not included in the councillors elected under subsection 8(1) and the by-laws; (b) the vice-president; (c) the immediate past president if not included in the councillors elected under clause (d); (d) not fewer than seven councillors who are members elected under subsection 8(1) and the by-laws; (e) not fewer than two councillors who are laypersons appointed under subsection 8(2); and (f) a councillor who is an engineering intern or geoscience intern and is elected in accordance with the by-laws. S.M. 2015, c. 31, s. 5 ; S.M. 2022, c. 48, s. 4 . Elected councillors 8(1) Each elected councillor shall be a resident of Manitoba elected from among the members for a term of two years, or portion thereof as prescribed by the by-laws, and any councillor may be re-elected for a second and third term, but is not eligible for election for a fourth or subsequent term until at least one term has elapsed after the expiry of the last previous term of office as councillor. Appointed councillors 8(2) Appointed councillors shall be residents of Manitoba appointed by a committee composed of (a) the dean of the faculty of engineering at the University of Manitoba; (b) the immediate past-president of the association, who shall serve as chair of the committee; (c) the provincial ombudsman; and (d) the minister appointed by the Lieutenant Governor in Council to administer The Labour Relations Act ; and each shall be appointed for a term of two years and may be re-appointed for a second or third term as councillor, but is not eligible to be appointed for a fourth or subsequent term of office as a councillor unless at least one term has elapsed since the expiry of the last previous term of office as councillor. Time of appointment 8(3) The committee described in subsection (2) shall, at least one week before the day set for the election of elected councillors in any year, meet and appoint the required number of appointed councillors for the ensuing term. Effect of absence from meetings 8(4) Where a councillor fails to attend three successive regular meetings of the council, he or she thereupon ceases to be a councillor, unless the absence has been excused by resolution of the council. Filling vacancies 8(5) In case of a vacancy on the council caused by the death, resignation, removal under subsection (4) or resulting from any other cause, (a) if the councillor whose position is to be filled was a councillor elected under subsection (1), such vacancy will be filled in accordance with the by-laws of the association; and (b) if the councillor whose position is to be filled was a councillor appointed under subsection (2), a meeting of the committee referred to in such subsection shall be convened and a replacement councillor appointed to fill the vacancy. S.M. 2001, c. 43, s. 42 ; S.M. 2012, c. 40, s. 57 ; S.M. 2013, c. 54, s. 30 . Powers of council 9(1) The council shall exercise, in the name and on behalf of the association, any and all of the powers, authority and privileges conferred on the association by this Act or any other Act and, without restricting the generality of the foregoing, the council (a) shall govern the association and administer its affairs; and (b) may provide for the appointment of committees and appoint councillors, members of the association or other persons to the committees, and confer upon the committees so appointed power and authority to act for the council in, and in relation to, such matters as it may deem expedient and, fix the quorum of the committees for the transaction of their business. Delegation of authority 9(2) The council may delegate to a committee any power, authority or duty granted to or imposed upon the council under this Act, and where a committee exercises any power or authority or performs any duty delegated to it under this subsection, the provisions of this Act apply mutatis mutandis to any act or decision of the committee as though it was the act or decision of the council. S.M. 2022, c. 48, s. 5 . Validity of council's acts 10 Notwithstanding that there may be some cause for disqualification or some defect in the election or appointment of any councillor or councillors, all acts of council or any committee shall be as valid as if all had been regularly elected or appointed and were at all times qualified to act. PART 4 CODE OF ETHICS AND BY-LAWS Establishment of code of ethics 11(1) The council shall prepare and publish from time to time a code of ethics containing standards of conduct pertaining to the practice of professional engineering and of professional geoscience designed for the protection of the public. Application of code of ethics 11(2) All members, licensees, holders of certificates of authorization, engineering interns and geoscience interns shall subscribe to and shall follow this code of ethics in the practice of professional engineering or the practice of professional geoscience. S.M. 2015, c. 31, s. 6 ; S.M. 2022, c. 48, s. 6 . By-laws 12(1) In accordance with procedures set out in its by-laws, the association may make, amend or repeal by-laws, not inconsistent with this Act, (a) respecting the management of the business and affairs of the association and its property, including the location of the head office of the association, and the appointment of the secretary, registrar and other staff, the delegation of powers and authority to the secretary, registrar and staff and the setting of their duties and remuneration; (b) respecting the election of members of the association to council and the filling of vacancies; (b.1) prescribing the number of councillors elected under subsection 8(1) and appointed under subsection 8(2); (c) regulating the meetings and proceedings of the association and the council and all matters pertaining thereto; (d) providing for the establishment, dissolution and administration of chapters, regional groups and ancillary bodies and the delegation to them of those powers and authority as the council sees fit; (e) providing for the establishment of standards and qualifications for enrolment as an engineering intern or geoscience intern; (f) respecting the establishment of programs of internship for an engineering intern or geoscience intern; (g) respecting the qualification and examination of candidates for registration as members or as licensees; (h) [repealed] S.M. 2022, c. 48, s. 7 ; (i) providing for the establishment of standards and qualifications to be met and maintained by licensees; (j) respecting the establishment and maintenance of standards of professional practice and of continuing professional development programs for members, licensees, engineering interns and geoscience interns; (k) respecting continuing professional development programs for members, licensees, engineering interns and geoscience interns, including (i) requiring participation in programs, (ii) establishing procedures for monitoring participation, and (iii) specifying standards for maintaining records of participation; (l) [repealed] S.M. 2015, c. 31, s. 7 ; (m) establishing classifications of membership; (m.1) respecting enrolment of students by the association; (n) establishing fees and dues to be paid by members, holders of certificates of authorization, licensees, engineering interns, geoscience interns and applicants to the association; (o) respecting the election of officers of the association; (p) respecting the appointment and remuneration of and defining the duties of the officers, councillors, committees, and employees of the association; (q) prescribing fines and penalties for default in payment of fees and dues and terms of re-admission to the privileges of the association; (r) respecting the government and discipline of members, holders of certificates of authorization, licensees, engineering interns and geoscience interns including, but not limited to, the reprimand, temporary suspension, indefinite suspension, acceptance of undertakings, imposing of conditions on practice, directing additional study, directing that a disability or addiction be overcome, directing counselling, directing waiver, reduction or repayment of monies, imposition of fines and cancellation of membership, licensing or enrolment of members, holders of certificates of authorization, licensees, engineering interns and geoscience interns found to be guilty of professional misconduct or unskilled practice of professional engineering or professional geoscience, but subject to any right of appeal given by this Act; (s) respecting the establishment and maintenance of the standards of professional conduct and ethics by members, holders of certificates of authorization, licensees, engineering interns and geoscience interns; (t) respecting the procedures for dealing with complaints against members, holders of certificates of authorization, licensees, engineering interns and geoscience interns; (u) respecting the appointment of persons to the investigation committee and the regulation of meetings and proceedings of the investigation committee; (v) respecting the appointment of persons to the discipline committee and the regulation of meetings and proceedings of the discipline committee; (v.1) respecting appeals under Part 10.1, including the appointment of persons to the appeal committee and the regulation of meetings and proceedings of the appeal committee; (v.2) subject to subsection (1.1), respecting the giving or serving of notices and other documents under this Act and the by-laws and specifying when they are deemed to have been given or received; (w) prescribing the circumstances and manner in which members, licensees, engineering interns, geoscience interns and certificate holders must disclose that errors and omissions insurance is not held or is not applicable; (w.1) respecting the corporate or business names that may be used by holders of certificates of authorization; (x) prescribing a schedule of suggested professional charges and salaries; (y) regulating the group practice of professional engineering and of professional geoscience; (z) respecting the manual or digital authentication of engineering or geoscientific documents; (z.1) respecting the establishment of bursaries, scholarships, fellowships, loans, awards and other assistance for engineering and geoscientific education and providing for their administration by the council; (z.2) respecting grants, donations and loans that may be made and financial and other assistance that may be given by the association in carrying out its purposes; (z.3) respecting advocacy by the association when the public is at risk; (z.4) regulating the association's participation with others having purposes consistent with those of the association; (aa) respecting any other matters necessary in the administration of this Act, or in the management and operation of the association. Limitation on powers re notices 12(1.1) A by-law made under clause (1)⁠(v.2) must not deem a notice or other document to have been given or received sooner than three days after the day that the notice or document was sent or mailed. By-laws may delegate 12(2) All by-laws may delegate to the council the authority to define specific details through policies and procedures. Policies and procedures 12(3) The council may establish operating policies and procedures not inconsistent with this Act or with any by-law of the Association (a) providing specific requirements for any aspect of the processes of governing, regulating or advancing the practice of professional engineering or the practice of professional geoscience in the public interest in the Province of Manitoba; (b) providing details of the processes to be followed in implementing the requirements of this Act, the by-laws of the association or any policy established by council; and (c) providing any other specific information required for the orderly and efficient conduct of the work of the association. Existing by-laws, policies and procedures 12(4) The by-laws of the association and the policies and procedures of council which are in force on the coming into force of this Act continue in force until they are repealed or amended in accordance with this Act. When by-laws, amendments and repeals effective 12(5) A by-law or the amendment or repeal of a by-law comes into force when, in compliance with the procedures set out in the association's by-laws, it is approved by the proportion of the members required by the by-laws. Non-application of Corporations Act to making by-laws 12(6) Subsections 98(1) to (4) of The Corporations Act do not apply to the association. Validity of certain by-laws 12(7) A by-law made, amended or repealed after September 30, 2010, but before this subsection came into force is deemed to have been validly made, amended or repealed if the procedures set out in the association's by-laws were followed and the required proportion of the members gave their approval in accordance with the by-laws. S.M. 2004, c. 38, s. 4 ; S.M. 2015, c. 31, s. 7 ; S.M. 2022, c. 48, s. 7 PART 4.1 CONTINUING PROFESSIONAL DEVELOPMENT Meaning of "continuing professional development requirements" 12.1(1) In this section, "continuing professional development requirements" means the requirements of a continuing professional development program established in accordance with the by-laws. Compliance and recordkeeping 12.1(2) A member or licensee must, in accordance with this section and the requirements established under the by-laws, (a) comply with the continuing professional development requirements that apply to him or her; and (b) make and maintain records setting out the details of his or her participation in continuing professional development. Registrar may require record 12.1(3) The registrar may require a member or licensee to provide to the registrar a copy of the records of his or her participation in continuing professional development for any period the registrar specifies. Record to be provided without delay 12.1(4) A person who is required to provide a copy of a record under subsection (3) must provide it without delay after being informed of the requirement by the registrar. S.M. 2015, c. 31, s. 8 ; S.M. 2022, c. 48, s. 8 . Suspension for non-compliance 12.2(1) Subject to subsection (2), the council may direct the registrar to suspend the certificate of registration, temporary licence or specified scope of practice licence of anyone who fails to comply with a requirement of section 12.1. Notice of non-compliance 12.2(2) The registrar must give the person notice that the person's certificate of registration, temporary licence or specified scope of practice licence will be suspended without further notice if the person does not comply with section 12.1 within the notice period consisting of 30 days after the day the notice is given or any longer period that the council permits. Suspension by registrar 12.2(3) If the person's non-compliance continues after the expiration of the notice period described in subsection (2), the registrar may (a) suspend the certificate of registration, temporary licence or specified scope of practice licence without further notice; (a.1) publish the person's name and the circumstances relevant to the suspension; (a.2) notify the person's employer, if any, and any other person of the suspension; and (b) cancel the suspension once the registrar is satisfied that the person has complied. S.M. 2015, c. 31, s. 8 ; S.M. 2022, c. 48, s. 9 . PART 5 ANNUAL AND SPECIAL MEETINGS Annual meeting 13(1) The association shall hold an annual general meeting of the members once in each year. Time and place 13(2) The annual general meeting of the members shall be held at such time and place as may be established by by-law. Notice 13(3) The notice of the time and place of the annual general meeting of the members shall be given in a manner provided by the by-laws. Special general meetings 13(4) The association may hold other general or special meetings of the members as provided by the by-laws. PART 6 REGISTRATION, CERTIFICATION AND LICENCES Registration committee 14(1) The council shall, in accordance with the by-laws, appoint a registration committee to consider and decide upon applications for certificates of registration made under subsection 15(1), temporary licences, specified scope of practice licences and enrolment as engineering interns or geoscience interns. Registrar 14(1.1) The registrar shall, in accordance with this Act and the by-laws, consider and decide upon applications for (a) certificates of registration made under subsection 15(2); and (b) certificates of authorization. Criteria and standards used by committee and registrar 14(2) The council must establish criteria and standards to be used by the registration committee or registrar, as the case may be, (a) in (i) assessing the academic qualifications and engineering work experience, (ii) enforcing proficiency standards, and (iii) setting such other requirements as are not inconsistent with this Act and the by-laws, for applicants for certificates of registration, certificates of authorization, temporary licences, specified scope of practice licences and enrolment as engineering interns or geoscience interns; and (b) in determining restrictions that are to be imposed on the scope of practice that may be carried on under a specified scope of practice licence. S.M. 2015, c. 31, s. 9 ; S.M. 2022, c. 48, s. 10 . Qualifications for membership 15(1) A certificate of registration may be granted by the registration committee to a natural person who submits an application in the prescribed form and evidence that the applicant (a) is at least 18 years of age; (b) is academically qualified; (c) has acquired sufficient relevant professional engineering work experience or relevant professional geoscientific work experience; (d) has successfully completed an approved program for engineering interns or geoscience interns or is otherwise qualified; (e) has subscribed to and agreed to abide by the code of ethics of the association; (f) has made payment of the dues and fees prescribed by the by-laws; and (g) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws. Applicants from other jurisdictions 15(2) A certificate of registration may be issued by the registrar to a natural person entitled to practise professional engineering or professional geoscience in another jurisdiction who submits an application in the prescribed form and evidence that the applicant (a) is at least 18 years of age; (b) is registered and in good standing with a regulatory body of professional engineers or professional geoscientists of another jurisdiction; (c) has a scope of practice in the other jurisdiction and competencies that, in the opinion of the registrar, are substantially equivalent to those of a member; (d) has subscribed to and agreed to abide by the code of ethics of the association; (e) has paid the dues and fees prescribed by the by-laws; and (f) has complied with any other terms and conditions as may be imposed in accordance with this Act or the by-laws. Reinstatement 15(3) The council upon such grounds as it may deem sufficient and upon such terms as it may deem proper, may reinstate a former member whose registration has been cancelled under subsection 47(1). S.M. 2015, c. 31, s. 10 ; S.M. 2022, c. 48, s. 11 . Practice under certificate of authorization 16(1) A partnership, corporation or other legal entity may, in its own name, practice professional engineering or professional geoscience if (a) it has the legal capacity to engage in the practice of professional engineering or professional geoscience; (b) the practice is carried on by or under the direct personal supervision of a member or licensee who (i) assumes professional responsibility for the practice, and (ii) is a partner or full-time employee of the partnership or a full-time employee of the corporation or other entity; (b.1) the practice is subject to any restriction imposed on the practice of the member or licensee who is performing the work on behalf of the partnership, corporation or other entity; (c) the practice of professional engineering or professional geoscience is subject to the same standards of professional conduct as if the practice of professional engineering or professional geoscience were provided by a member or licensee; and (d) such practice will not give rise to unauthorized practice or otherwise lead to circumvention of this Act; provided that such partnership, corporation or other legal entity, at the time it conducts the practice of professional engineering or professional geoscience, is the holder of a valid and subsisting certificate of authorization. Qualifications for certificate of authorization 16(2) No person is entitled to hold a certificate of authorization, unless such person (a) is a partnership, corporation or other legal entity other than a natural person; (b) submits to the registrar an application in the prescribed form containing (i) evidence of the legal status of the partnership, corporation or other entity, (ii) the name or names and addresses of the members or licensees who are designated by the holder of the certificate of authorization as being in charge of the practice of professional engineering or of professional geoscience on its behalf, (iii) the identity of the person or persons whose responsibility it will be to ensure that this Act and the by-laws are complied with by the holder of the certificate of authorization, and (iv) the address of its head office and any office in which the practice of professional engineering and/or the practice of professional geoscience in Manitoba will be carried out; (c) pays such fees or dues as are prescribed by the by-laws; (d) submits evidence of agreement to abide by the code of ethics prescribed by the by-laws; (e) complies with such requirements as the council, taking into account the public interest, may establish from time to time respecting (i) the amounts, terms and conditions of professional liability insurance coverage to be maintained by a partnership, corporation or other legal entity, (ii) alternatives to professional liability insurance coverage for a partnership, corporation or other legal entity that provide coverage which is substantially the same or greater than that which would be provided by professional liability insurance for the legal entity, and (iii) disclosure of the nature and extent of professional liability insurance coverage or any alternative to such coverage maintained by a partnership, corporation or other legal entity, or one or more of its partners, employees or members, and provides evidence of compliance as required by the council; and (f) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws. Waiver of insurance requirement 16(2.1) Notwithstanding clause (2)⁠(e), after taking into account the public interest, the council may waive the requirement to maintain professional liability insurance coverage for a partnership, corporation or other legal entity that undertakes to restrict its practice to providing professional geoscience services to the mining exploration industry. Continuance of certificate of authorization 16(3) The holder of a certificate of authorization shall, whenever there is a change in the particulars given in its application under subclause (2)⁠(b)⁠(i), (ii) or (iii), give notice of the change to the registrar within thirty days after the effective date of the change, and if the holder of a certificate of authorization fails to comply with the above, the certificate may be revoked by the registrar and the partnership, corporation, or other legal entity shall not practise professional engineering or professional geoscience until a new certificate of authorization is issued. Information to be updated 16(4) The holder of a certificate of authorization shall provide to the registrar a current list of the information required under subclauses (2)⁠(b)⁠(ii) and (iii) at least annually in the manner prescribed in accordance with the by-laws. Responsibility for practice 16(5) Each member and licensee whose name is shown on the application pursuant to subclause (2)⁠(b)⁠(ii) or any notice of change thereof given to the association under subsection (3) shall be obliged to respond, on behalf of the holder of the certificate of authorization, to any complaint of misconduct against, or any breach of this Act or the by-laws by, the holder of the certificate of authorization as if the act or omission complained of or the breach was done or omitted to be done, as the case may be, by such member or licensee. S.M. 2002, c. 9, s. 2 ; S.M. 2005, c. 48, s. 19 ; S.M. 2015, c. 31, s. 11 ; S.M. 2022, c. 48, s. 12 . Qualifications for temporary licence 17 A licence to engage temporarily in the practice of professional engineering or the practice of professional geoscience within the province may be granted if the applicant (a) is a natural person at least 18 years of age; (a.1) is registered and in good standing with a regulatory body of professional engineers or professional geoscientists of another jurisdiction; (a.2) has a scope of practice in the other jurisdiction and competencies that, in the opinion of the registration committee, are substantially equivalent to those of a member; and (b) is otherwise considered by the registration committee to be qualified to practice professional engineering or professional geoscience within the province. S.M. 2022, c. 48, s. 13 . Qualifications for specified scope of practice licence 18 A specified scope of practice licence to engage in the practise of professional engineering or the practice of professional geoscience within the province, and within the scope and subject to the restrictions specified in such practice licence, may be granted if the applicant (a) is a natural person at least 18 years of age; (b) submits evidence to the registration committee that the applicant meets such requirements as the council may from time to time prescribe for such class of applicant, including evidence of the applicant's academic qualifications, experience and competence to practise within the specified scope of practice; (c) submits evidence to the registration committee that the applicant has subscribed to and agreed to abide by the code of ethics of the association; (d) pays the dues and fees prescribed by the by-law; and (e) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws. S.M. 2015, c. 31, s. 12 . Qualifications for enrolment as an engineering intern or geoscience intern 19 An applicant may be enrolled as an engineering intern or geoscience intern if the applicant (a) is a natural person at least 18 years of age; (b) submits evidence to the registration committee that the applicant is academically qualified; (c) submits evidence to the registration committee that the applicant has agreed to abide by the code of ethics of the association; (d) pays the dues and fees prescribed by the by-laws; and (e) complies with such other terms and conditions as may be imposed in accordance with this Act or the by-laws. S.M. 2015, c. 31, s. 13 . Application not approved by registration committee 20(1) The registration committee must give an applicant written notice of a decision (a) to refuse to issue a certificate of registration under subsection 15(1), a temporary licence or a specified scope of practice licence; (b) to specify a scope of practice and impose restrictions on a specified scope of practice licence; or (c) to refuse to enroll an applicant as an engineering intern or a geoscience intern. Application not approved by registrar 20(2) The registrar must give an applicant written notice of a decision to refuse to issue (a) a certificate of registration under subsection 15(2); or (b) a certificate of authorization. Notice 20(3) A notice of a decision by the registration committee or the registrar must include reasons for the decision and notice that the applicant may appeal the decision. S.M. 2015, c. 31, s. 14 ; S.M. 2022, c. 48, s. 14 . Appeal by applicant 20.1(1) An applicant may appeal a decision under section 20 to the appeal committee. How to appeal 20.1(2) To make an appeal, the applicant must, within 30 days after receiving notice of a decision, give the registrar a written notice of appeal specifying the reasons for the appeal. The appeal is then to be dealt with under Part 10.1. S.M. 2022, c. 48, s. 14 . 21 [Repealed] S.M. 2015, c. 31, s. 15 ; S.M. 2022, c. 48, s. 15 . 22 [Repealed] S.M. 2015, c. 31, s. 16 ; S.M. 2022, c. 48, s. 15 . 23 [Repealed] S.M. 2022, c. 48, s. 15 . PART 7 DUES Annual dues 24(1) Each member, holder of a certificate of authorization, licensee, engineering intern and geoscience intern shall pay in advance to the secretary, or any person deputed by the council to receive the dues, such annual dues as may be prescribed by the by-laws of the association and the dues are a debt due by the member, holder of a certificate of authorization, licensee, engineering intern and geoscience intern and are recoverable by the association in any court of competent jurisdiction. Consequences of non-payment 24(2) When a person who is a member, holder of a certificate of authorization, licensee, engineering intern or geoscience intern does not pay the prescribed annual dues within one month after the day on which payment is due, the registrar must remove the person's name from the register. Reinstatement 24(2.1) When a person's name has been removed from the register under this section, the person may, after complying with the by-laws concerning reinstatement, apply to be reinstated. 24(3) and (4) [Repealed] S.M. 2015, c. 31, s. 17 ; S.M. 2022, c. 48, s. 16 . PART 8 SEAL Definitions 25 In this Part, "digital signature" means the form of identification issued by the association to a member or specified scope of practice licensee to be used to digitally authenticate documents in computer readable form; (« signature numérique ») "manual seal" means the form of identification issued by the association to a member or specified scope of practice licensee to be manually impressed onto physical documents. (« sceau manuel ») S.M. 2015, c. 31, s. 18 . Ownership of manual seal and digital signature 26(2) A manual seal and digital signature issued by the association remains the association's property and must be returned to the registrar if the registration of the person to whom it was issued is suspended or cancelled or the person's name is removed from the register for any reason. Authentication of documents by member 26(3) A member must, in accordance with the by-laws and the code of ethics, authenticate every engineering or geoscientific estimate, specification, report, working drawing, plan and other engineering or geoscientific document issued by the member. Authentication of documents by specified scope of practice licensee 26(4) A specified scope of practice licensee must, in accordance with the by-laws and the code of ethics, authenticate every estimate, specification, report, working drawing, plan and other engineering or geoscientific document issued by the licensee. Authentication of documents by temporary licensee 26(5) A temporary licensee must authenticate every engineering or geoscientific estimate, specification, report, working drawing, plan and other document issued by the temporary licensee by validating and impressing on it the seal issued to him or her by the association of which the temporary licensee is a member and must comply with any other requirements that are prescribed by the by-laws or the code of ethics. Identification by holder of certificate of authorization 26(6) When the practice of professional engineering or the practice of professional geoscience is carried out under a certificate of authorization, a form of identification of the certificate holder must, in accordance with the by-laws, appear in the vicinity of the manual seal or digital signature on each engineering or geoscience estimate, specification, working drawing, plan and other engineering or geoscientific document issued by the holder of a certificate of authorization. S.M. 2015, c. 31, s. 19 . PART 9 REGISTER Register 27 The registrar shall keep the register or cause it to be kept. Certificate of registration 28(1) The registrar shall issue or cause to be issued to each member a certificate of registration. Certificate of authorization 28(2) The registrar shall issue or cause to be issued to each partnership, corporation or other legal entity to whom the council shall direct, a certificate of authorization. Certificate of temporary licence 28(3) The registrar shall issue or cause to be issued, to each natural person to whom the council shall direct, a temporary licence. Certificate of specified scope of practice licence 28(4) The registrar shall issue or cause to be issued, to each natural person to whom the council shall direct, a specified scope of practice licence. Signing of certificates 28(5) Each certificate issued under this section shall be signed by the president, or any other person appointed by the council, and the registrar under the seal of the association, and shall remain the property of the association and shall be returned to the association upon the suspension or cancellation or removal from the register of the registration, licence, or certificate of authorization. S.M. 2022, c. 48, s. 17 . PART 10 DISCIPLINE Extended definitions 29 In this Part, "conduct" includes an act or omission; (« conduite ») "investigated person" means (a) a member, holder of a certificate of authorization, licensee, engineering intern or geoscience intern, or (b) in a case to which subsection 31(3) or 31(4) applies, a former member, holder of a certificate of authorization, licensee, engineering intern or geoscience intern, who is the subject of a complaint under this Part; (« personne visée par l'enquête ») "panel"  means a panel of the discipline committee selected under clause 39(1)⁠(a). (« sous-comité ») S.M. 2015, c. 31, s. 14 ; S.M. 2022, c. 48, s. 18 . Investigation committee 30(1) The council shall, in accordance with the by-laws, appoint an investigation committee of not fewer than five natural persons consisting of (a) a chair appointed by the council; (b) at least one layperson — but not more than the number of laypersons that is 1/3 of the total number of committee members — who are to report to the council on the practices and procedures followed by the committee; and (c) not fewer than three members of the association, who are not members of the council or the discipline committee. Role of committee 30(2) The investigation committee is responsible for investigating complaints and, when the committee considers it appropriate to do so, attempting to resolve them informally. Related matters 30(3) In the course of an investigation under subsection (2), the investigation committee may investigate any other matter related to the skill in practice or professional conduct of the investigated person that arises in the course of the investigation. Legal counsel and experts 30(4) The investigation committee may engage legal counsel and employ any other experts that the committee considers necessary to assist it. S.M. 2015, c. 31, s. 20 ; S.M. 2022, c. 48, s. 19 . Complaints 31(1) Any person may make a complaint in writing to the registrar about the conduct of a current or former member, holder of a certificate of authorization, licensee, engineering intern or geoscience intern and the complaint shall be dealt with in accordance with this part and the by-laws. 31(2) [Repealed] S.M. 2022, c. 48, s. 20 . Referral to investigation committee 31(2.1) If the registrar receives information that the conduct of a person may constitute unskilled practice of professional engineering or professional geoscience or professional misconduct, the registrar may refer the information to the investigation committee. If the registrar refers it to the investigation committee, the information is deemed to be a complaint.
