1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE TOM PERRY
MINISTER OF ADVANCED EDUCATION,
TRAINING AND TECHNOLOGY
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Engineers and Geoscientists Act, R.S.B.C. 1979, c. 109, is amended
(a) by repealing the definition of "licensee", and
(b) by adding the following definitions:
"certificate holder" means the corporation, partnership or other legal entity that holds a valid certificate of authorization;
"certificate of authorization" means the authorization given under the seal of the association that permits corporations, partnerships or other legal entities to practise professional engineering or professional geoscience through employees who are members or licensees;
"licence" means the official authorization given under the seal of the association that permits a nonresident person who meets the requirements of section 10 (4) to practise professional engineering or professional geoscience;
"licensee" means a nonresident engineer or geoscientist licensed under this Act or the holder of a limited licence under this Act;
"limited licence" means the official authorization given under the seal of the association that permits a person to practise professional engineering or professional geoscience within the scope specified in the limited licence; .
2 Section 2 is amended
(a) by repealing subsections (3), (4), (6) and (7), and
(b) by adding the following subsections:
(1.1) This Act does not apply to a professional forester as defined in the Foresters Act provided that the professional forester does not hold himself or herself out as a professional engineer or professional geoscientist.
(3) This Act does not affect the rights, powers or privileges of a person under the Power Engineers and Boiler and Pressure Vessel Safety Act or the Mines Act or under a registration, licence or certificate under those Acts.
(8) Work as a contractor of work designed by a professional engineer or professional geoscientist or as a foreman, superintendent or inspector supervising construction or as a superintendent of maintenance is not deemed to be the practice of professional engineering or the practice of professional geoscience.
(9) This Act does not apply to prevent persons from acquiring mineral titles or from performing work on mineral titles required under the Mines Act or the Mineral Tenure Act to maintain those titles in good standing provided that these persons do not hold themselves out as professional engineers or professional geoscientists.
3 Section 6 (8) to (9) is repealed and the following substituted:
(8) The council includes 4 councillors appointed under subsection (9), a further number, set by bylaw of the association and being not less than 8, of councillors elected by the members under subsection (9.2) and the councillors, if any, appointed under subsection (9.3).
(9) The Lieutenant Governor in Council must appoint 4 councillors who are not members of the association and
(a) subject to subsection (12), each serves for a 2 year term, and
(b) 2 must be appointed each year.
(9.1) Despite subsection (9), the term of office of councillors appointed under the subsection (8) in force on June 1, 1993 ends January 1, 1994 and
(a) subsection (9) does not apply to the appointment of their immediate successors in office,
(b) 2 of the first councillors must be appointed under subsection (9) to serve for a one year term, and
(c) 2 of the first councillors must be appointed under subsection (9) to serve for a 2 year term.
(9.2) The association must conduct a letter ballot of members each year to elect the councillors to be elected by the members and
(a) each year the election must be for half the number of councillors to be elected by the members,
(b) in the event of a tie vote, the winner must be the candidate with greater seniority as a member, and
(c) each councillor elected by the members must, subject to subsection (12), serve for a 2 year term.
(9.3) If no member of a Faculty of Applied Science, Engineering or Geoscience in British Columbia or no professional geoscientist is elected under subsection (9.2), then the council must appoint a member of a Faculty of Applied Science, Engineering or Geoscience in British Columbia or a professional geoscientist, as the case may be, to the council for a 2 year term.
4 Section 7 (1) is amended
(a) by repealing paragraph (b) and substituting the following:
(b) the government, discipline and honour of the members, licensees and certificate holders of the association, including the establishment of a code of ethics; , and
(b) by adding the following paragraphs:
(b.1) the establishment of quality management programs for members, licensees and certificate holders;
(b.2) the establishment by the council of a professional practice review program for members, licensees and certificate holders, including the creation of a practice review committee to conduct practice reviews as directed by the council;
(b.3) the circumstances and manner in which the members, licensees and certificate holders must disclose that errors and omissions liability insurance is not held or is not applicable;
(f.1) the establishment and enforcement of standards for certificate holders;
(h.1) the establishment and monitoring of compliance with standards of training and experience required for licensees, and the enrollment and qualifications for a limited licensee, including limited licences for applied science technologists; .
5 Section 8 is amended
(a) in subsection (2) by striking out "Provincial Secretary" and substituting "minister" and by striking out "10 days" and substituting "14 days", and
(b) in subsection (3) by striking out "30 days" and substituting "45 days".
6 Section 10 is amended
(a) in subsection (1) by repealing paragraphs (a) and (b) and substituting the following:
(a) that graduation in applied science, engineering or geoscience from an institute of learning approved by the council in a program approved by the council has been achieved or that examinations established by the bylaws of the association or examinations, requiring special knowledge in branches of learning specified by the council, of an association or institute approved by the council have been passed,
(b) that the applicant has passed special examinations required by the council, , and
(b) in subsection (4) by striking out "nonresident of the Province" and substituting "person who is not a citizen or a permanent resident of Canada".
7 The following section is added:
10.1 (1) The council must issue a certificate of authorization to a corporation, partnership or other legal entity for the practice of professional engineering or for the practice of professional geoscience if the council is satisfied that the corporation, partnership or other legal entity
(a) has on its active staff members or licensees who directly supervise and assume responsibility for the practice of professional engineering or for the practice of professional geoscience undertaken by the corporation, partnership or other legal entity, and
(b) has satisfied the requirements of this section and the bylaws of the association.
(2) An application for a certificate of authorization, on a form provided by the council, must be filed, together with the application fee specified by the council, with the registrar and, to remain valid, the certificate holder must pay all fees specified by the council for certificate holders.
(3) If the practice of professional engineering or the practice of professional geoscience is carried on by a certificate holder as permitted under subsection (1), the estimates, specifications, reports, documents or plans prepared and delivered must
(a) be signed and dated by, and sealed with the stamp of, the member or licensee of the association who is responsible for them and who supervised the preparation of them, and
(b) show in a manner specified by the council the words "APEGBC CERTIFICATE OF AUTHORIZATION", together with the certificate number and expiry date.
(4) A certificate holder engaged in the practice of professional engineering or in the practice of professional geoscience in its own name as permitted under subsection (1) must keep the association advised of the names of the members or licensees of the association who are on the active staff of the certificate holder and who are directly supervising and assuming responsibility for the practice of professional engineering or for the practice of professional geoscience.
(5) The members or licensees named for the purposes of subsection (4) by a certificate holder are the authorized representatives of the certificate holder for all purposes under this Act and the bylaws, are subject to any inquiries under the Act and must immediately advise the registrar on relinquishing for any reason this responsibility for the certificate holder.
(6) A certificate of authorization issued to a corporation, partnership or other legal entity is valid for the calendar year for which it was issued provided the certificate holder complies with this Act and the bylaws governing certificate holders.
(7) A corporation, partnership or other legal entity holding a certificate of authorization must be registered by the registrar as a certificate holder but not as a member or licensee.
(8) A certificate of authorization may be revoked, or its renewal withheld, by the council for failure to comply with this Act or the bylaws or if the certificate holder
(a) is convicted in Canada or elsewhere of an offence that, if committed in British Columbia, would be an offence under an enactment of Canada or the Province and, in the circumstances, renders the certificate holder unsuitable for the practice of professional engineering or for the practice of professional geoscience,
(b) contravenes this Act, the bylaws or the code of ethics of the association, or
(c) has demonstrated incompetence, negligence or unprofessional conduct.
(9) The council must inform the Registrar of Companies if a certificate of authorization is cancelled.
8 Section 15 (d) is amended by striking out "licensees" and substituting "licensees, certificate holders".
9 Section 16 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) a certificate of licence or a certificate of limited licence to each licensee. ,
(b) in subsection (3) by striking out "licence" and substituting "licence or limited licence",
(c) by adding the following subsection:
(5.1) On issuance of a certificate of limited licence, the association must provide the licensee with a seal or stamp impressed with the licensee's name, the words "Limited Licensee" and any other information required by the bylaws. , and
(d) by repealing subsection (6) and substituting the following:
(6) A member or licensee receiving a seal or stamp under this section must use it, with signature and date, to seal or stamp estimates, specifications, reports, documents, plans or things that have been prepared and delivered by the member or licensee in the member's or licensee's professional capacity or that have been prepared and delivered under the member's or licensee's direct supervision.
10 Section 18 is amended
(a) by striking out "corporation" wherever it appears and substituting "corporation, partnership or other legal entity",
(b) by repealing paragraph (d) and substituting the following:
(d) advertise, use or display a sign, card, letterhead or other device representing to the public that the individual, corporation, partnership or other legal entity is a professional engineer or professional geoscientist or an individual, corporation, partnership or other legal entity ready or entitled to engage in the practice of professional engineering or in the practice of professional geoscience or holding out the individual, corporation, partnership or other legal entity to be a professional engineer, professional geoscientist or certificate holder, ,
(c) in paragraph (e) by striking out "licence" and substituting "licence, other than a limited licence,", and
(d) by renumbering the section as section 18 (1) and adding the following subsection:
(2) An individual holding a limited licence must not engage in the practice of professional engineering or the practice of professional geoscience except in a manner consistent with the scope of the limited licence and according to the provisions of that limited licence.
11 Section 20 is amended by striking out "corporation" wherever it appears and substituting "corporation, partnership or other legal entity".
12 Section 23.1 (2) is repealed and the following substituted:
(2) An individual, corporation, partnership or other legal entity that contravenes section 18 or 23 is liable to pay exemplary damages not exceeding $10 000 to the association whether or not the individual, corporation, partnership or other legal entity has been convicted of an offence arising from the same circumstances.
13 Sections 24 and 24.1 are repealed and the following substituted:
24 In sections 24.1 to 24.7 "certificate holder" includes a former holder of a certificate of authorization under this Act;
"discipline committee" means the discipline committee appointed under section 24.3;
"investigation committee" means the investigation committee appointed under section 24.2;
"licensee" includes a former licensee, a holder of a limited licence and a former holder of a limited licence;
"member" includes a former member, a registered member and a person holding any grade of membership in the association specified in the bylaws.
24.1 (1) If the association receives a complaint against a member, licensee or certificate holder, the registrar must designate a member to review the complaint.
(2) If after the review the member designated under subsection (1) considers that further investigation is warranted, the member must submit a report stating this as a recommendation with reasons to the investigation committee.
(3) If an inquiry under section 24.4 is not held in response to a complaint, the council must have the complainant, and the member, licensee or certificate holder against whom the complaint was made, informed of the reasons.
14 Section 24.2 is amended by repealing subsections (3), (4) and (6) and substituting the following:
(3) The investigation committee or a subcommittee composed of one or more of its members appointed by the investigation committee may, on receipt of a report under section 24.1 or whenever it considers it appropriate, investigate a member, licensee or certificate holder regarding any matter about which an inquiry may be held under section 24.4.
(4) A member, licensee or certificate holder that is being investigated under subsection (3) must provide the committee or subcommittee conducting the investigation with any information or records in the possession or control of the member, licensee or certificate holder that the committee or subcommittee may require.
(4.1) No member, licensee or certificate holder may refuse to comply with this section on the grounds of confidentiality.
(6) The investigation committee or subcommittee may make recommendations to the member, licensee or certificate holder that was investigated
(a) following an investigation under subsection (3), or
(b) on receipt of a report under subsection (5).
15 Section 24.3 is amended by adding the following subsections:
(6) If the discipline committee considers that a delay in holding an inquiry under section 24.4 concerning a member, licensee or certificate holder would be prejudicial to the public interest, the discipline committee, without giving the member, licensee or certificate holder an opportunity to be heard, may suspend the membership, licence or certificate of authorization, or restrict the scope of practice, of the member, licensee or certificate holder, pending an inquiry and decision under section 24.4.
(7) If the discipline committee decides to act under subsection (6), it must give written notice to the member, licensee or certificate holder of its decision, of the reasons for it and of the right of the member, licensee or certificate holder to apply to the Supreme Court to have the suspension or restriction removed.
(8) The suspension of a membership, licence or certificate of authorization, or restriction of the scope of practice, ordered under subsection (6) is not effective until the earlier of
(a) the receipt by the member, licensee or certificate holder of the written notice, or
(b) 3 days after the day written notice is mailed to the member, licensee or certificate holder at the last address of the member, licensee or certificate holder on file with the association.
(9) An affidavit of the officer or employee of the association that sent the notice under subsection (8) (b) is proof the notice was sent as required under subsection (7) in the absence of evidence to the contrary.
(10) A member, licensee or certificate holder whose membership, licence or certificate of authorization is suspended, or whose scope of practice is restricted, under subsection (6) may apply to the Supreme Court to have the suspension or restriction removed, and the court may make any order respecting the suspension or restriction that it considers appropriate.
(11) A discipline committee member who takes part in the decision under subsection (6) must not sit on any inquiry or appeal with respect to any matter that was the subject of the decision taken under subsection (6).
16 Sections 24.4 and 24.5 are amended by striking out "member or licensee" wherever it appears and substituting "member, licensee, or certificate holder".
17 The following sections are added:
24.41 On application by the council to the Supreme Court, the Supreme Court may order that a person produce to an officer, committee or subcommittee of the association or a person designated by the council any record or thing if the court is satisfied that it is relevant to and reasonably required by the officer, committee or subcommittee for an investigation of the conduct of a current member, licensee, or certificate holder or for a review of the professional practice of a current member, licensee or certificate holder.
24.42 (1) Every person acting under the authority of this Act or the bylaws must keep confidential all facts, information and records obtained or furnished under this Act or the bylaws or under a former enactment, except so far as public duty requires or this Act or the bylaws permit the person to make disclosure of them or to report or take official action on them.
(2) Except in a proceeding under this Act or the bylaws, a person to whom subsection (1) applies must not in any civil proceeding be compelled to give evidence respecting any facts, information or records obtained in the course of the person's duties.
18 Section 24.5 is amended
(a) by repealing subsection (2) and substituting the following:
(2) If the discipline committee makes a determination under subsection (1), it may, by order, do one or more of the following:
(a) reprimand the member, licensee or certificate holder;
(b) impose conditions on the membership, licence or certificate of authorization of the member, licensee or certificate holder;
(c) suspend or revoke the membership, licence or certificate of authorization of the member, licensee or certificate holder;
(d) impose a fine, payable to the association, of not more than $25 000 on the member, licensee or certificate holder. , and
(b) in subsection (4) by striking out "a member or a licensee" and substituting "a member, licensee or certificate holder" and by striking out "member or suspended licensee" and substituting "member, licensee or certificate holder".
19 Section 24.6 (1) is repealed and the following substituted:
(1) If the discipline committee imposes conditions under section 24.5 (2) (b) and the discipline committee subsequently is satisfied that these conditions have not been met, it may propose, in addition to any order under section 24.5 (2), one or more of the following:
(a) imposition of further conditions;
(b) suspension or revocation of the membership, licence or certificate of authorization;
(c) imposition of a fine, payable to the association, of not more than $25 000 on the member, licensee or certificate holder.
20 Section 24.7 (3) is amended by striking out "Appendix C" and substituting "Appendix B".
21 Section 32 is amended by adding the following subsection:
(1.1) A corporation, partnership or other legal entity, other than an individual, who is aggrieved by an order under section 24.5 (2), or whose application for a certificate of authorization is refused under section 10.1 (1), may appeal the order or refusal to the Supreme Court within 42 days of the making of the order or refusal.
22 The following section is added:
37 If a practice review committee is created under section 7 (1) (b.2),
(a) a member, licensee or certificate holder must, on request, provide the practice review committee with any relevant information, record, document or thing, and
(b) no member, licensee or certificate holder may refuse to comply with a request under paragraph (a) on the grounds of confidentiality.
23 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill amends the Engineers and Geoscientists Act by
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