Practice of Engineering, Geoscience and Applied Science Technology Act
Consolidated act- Citation
- S.N.W.T. 2023, c.34
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.80 amended by Engineering and Geoscience Professions Act
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"Association" means the Northwest Territories and Nunavut Association of Professional Engineers and Geoscientists continued under section 2; (Association)
"bylaws" means bylaws of the Association made under section 76; (règlements administratifs)
"certificate of registration" means a certificate of registration issued under section 26; (certificat d’inscription)
"Council" means the governing body of the Association described in section 6; (conseil)
"equivalent extraterritorial professional association" means an association or body in another Canadian jurisdiction having requirements for registration of registrants that Council considers to be equivalent to those of the Association; (association professionnelle extraterritoriale équivalente)
"Executive Director" means the Executive Director appointed under section 10; (directeur général)
"permit holder" means a firm registered as a permit holder under section 28; (titulaire de permis)
"practice of applied science technology" means the practice of applied science technology described in section 14; (exercice de profession en technologie des sciences appliquées)
"practice of professional engineering" means the practice of professional engineering described in subsection 12(2); (exercice de la profession d’ingénieur) "practice of professional geoscience" means the practice of professional geoscience described in subsection 13(2); (exercice de la profession de géoscientifique)
"professional engineer" means a registrant who is registered as a professional engineer under subsection 24(1); (ingénieur)
"professional geoscientist" means a registrant who is registered as a professional geoscientist under subsection 24(2); (géoscientifique)
"professional licensee" means a professional licensee (engineering) or a professional licensee (geoscience); (titulaire de licence professionnelle)
"professional licensee (engineering)" means a registrant who is registered as a professional licensee (engineering) under subsection 24(1); (titulaire de licence professionnelle en ingénierie)
"professional licensee (geoscience)" means a registrant who is registered as a professional licensee (geoscience) under subsection 24(2); (titulaire de licence professionnelle en géoscience)
"registrant" means a person whom Council has registered as a registrant under section 24; (personne inscrite)
"registrant-in-training" means
(a) a registrant-in-training (engineering), or
(b) a registrant-in-training (geoscience); (stagiaire)
"registrant-in-training (engineering)" means a registrant who is registered as a registrant-in-training (engineering) under subsection 24(1); (stagiaire en génie)
"registrant-in-training (geoscience)" means a registrant who is registered as a registrant-in-training (geoscience) under subsection 24(2); (stagiaire en géoscience)
"technician or technologist" means a registrant who is registered as a technician or technologist under subsection 24(3). (technicien ou technologue) NORTHWEST TERRITORIES AND NUNAVUT
PART 1
ASSOCIATION OF PROFESSIONAL
ENGINEERS AND GEOSCIENTISTS
Association
Continuation of Association
2.The Northwest Territories Association of Professional Engineers and Geoscientists is continued as the Northwest Territories and Nunavut Association of Professional Engineers and Geoscientists.
Powers of natural person
3.The Association has all the powers of a natural person.
Purpose of Association
4.(1) The purpose of the Association is to protect the public by ensuring that they are served by registrants who meet high standards of competence, learning and professional and ethical conduct.
(2) In pursuing its purpose, the Association shall
(a) regulate
(i) the practice of professional engineering,
(ii) the practice of professional geoscience, and
(iii) the practice of applied science technology;
(b) establish and maintain standards of knowledge, skill, care and professional ethics among registrants; and
(c) govern registrants and permit holders.
Powers of Association
5.For greater certainty, the Association has the power to
(a) borrow money for the purposes of the Association; and
(b) mortgage or charge property of the Association or its sources of funds as security for money borrowed.
Council
Council
6.(1) The Association shall continue the Council as the governing body of the Association.
(2) Council shall manage and conduct the business and affairs of the Association and exercise the powers and duties of the Association in the name of and on behalf of the Association.
(3) Subject to the regulations and bylaws, Council is composed of the following members:
(a) the president, elected for a term of two years;
(b) the first vice-president, elected for a term of two years;
(c) the second vice-president, elected for a term of one year;
(d) eight additional members, each elected for a term of three years;
(e) the immediate past-president, if they are able and willing to serve;
(f) not more than two lay members, each appointed by the Minister for a term of three years.
Election for Council
7.(1) Council shall, in accordance with the bylaws, hold an election each year to elect members of Council other than lay members.
(2) Registrants who are resident in the Northwest Territories or Nunavut are eligible to be elected as members of Council under paragraphs 6(3)(a) to (d).
(3) All registrants may vote in an election held under this section.
(4) In a year where both the first and second vice-presidents are to be elected, the candidates receiving the greatest and second greatest number of votes hold office as first vice-president and second vice-president respectively.
(5) At least two of the members referred to in paragraph 6(3)(d) must be elected each year.
Vacant member position
8.(1) If the office of a member referred to in paragraph 6(3)(d) becomes vacant, Council may appoint a registrant to serve as a member for the unexpired term of the vacated office.
(2) If the office of a lay member becomes vacant, Council shall notify the Minister.
(3) Council may, in a notice made under subsection (2), recommend the appointment of a specific person to the vacant office.
(4) If the office of president or first or second vice-president becomes vacant, Council may designate a member of Council to serve as president or first or second vice-president for the unexpired term of the vacated office.
President serves as chair
9.(1) The president shall chair meetings of the Association and meetings of Council.
(2) The president may only vote at meetings under subsection (1) in the event of a tie vote.
(3) If the president is temporarily absent or unable to act, the first vice-president shall exercise the powers and perform the duties of president.
(4) If the president and the first vice-president are temporarily absent or unable to act, the second vice-president shall exercise the powers and perform the duties of president.
Executive Director
10.Council shall appoint an Executive Director for the Association who shall, subject to the bylaws,
(a) maintain a register of all registrants and permit holders; and
(b) perform other duties assigned to the Executive Director by this Act, the bylaws and Council.
Annual General Meetings and
Special Meetings
Annual general meeting
11.(1) The Association shall hold an annual general meeting once each year at the place and time that Council determines.
(2) The Executive Director shall call a special meeting
(a) when Council directs; or
(b) within 14 days after the receipt by the Executive Director of a written request, signed by 15 active registrants, setting out the business to be discussed at the special meeting.
(3) At least 10 days before an annual general meeting or special meeting, the Executive Director shall send each registrant who is eligible to vote a notice of the meeting.
PART 2
PRACTICE
Engineering
Engineering
12.(1) The practice of engineering is any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles, including the management of any act carried out in the practice of engineering.
(2) The practice of professional engineering is the practice of engineering, as described in subsection (1), where that practice concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment.
Geoscience
Geoscience
13.(1) The practice of geoscience is any act of documenting, analysing, evaluating, interpreting or reporting on the earth’s materials or on resources, forms or processes that requires the application of scientific principles that advance knowledge of the Earth or earth-forming processes through scientific investigation and interpretation, including the management of any act carried out in the practice of geoscience.
(2) The practice of professional geoscience is the practice of geoscience, as described in subsection (1), where that practice concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment.
Applied Science Technology
Applied science technology
14.The practice of applied science technology is the practice of engineering other than professional engineering, carried out by a technician or technologist.
Registrants
Who may practise
15.(1) A person shall not engage in the practice of professional engineering, professional geoscience or applied science technology or represent that they are a registrant, unless the person is
(a) a registrant under this Act and the bylaws; or
(b) a permit holder under this Act and the bylaws.
(2) A person shall not represent that they offer engineering or geoscience services to the public unless they are a registrant or permit holder and only to the extent authorized by their registration and the bylaws.
(3) Notwithstanding subsection (1) or (2), this Act does not prohibit activities by
(a) a person authorized to practise architecture under the Architects Act to the extent that the person’s practice is confined to the practice of architecture under that Act;
(b) a Canada Lands Surveyor as defined in section 2 of the Canada Lands Surveyors Act to the extent that the person’s practice is confined to the activities of a Canada Lands Surveyor under that Act;
(c) a person authorized to practise as a mine surveyor; or
(d) an officer or non-commissioned officer of the Canadian Forces to the extent that the person’s practice is confined to activities authorized under the National Defence Act (Canada).
(4) A person shall not use any of the following titles or variations or abbreviations of those titles, unless the person is a registrant to which the title relates:
(a) professional engineer;
(b) professional geoscientist;
(c) professional licensee (engineering);
(d) professional licensee (geoscience);
(e) registrant-in-training (engineering);
(f) registrant-in-training (geoscience);
(h) Applied Science Technologist;
(i) Certified Technician;
(j) Certified Engineering Technologist;
(k) any other title or variation or abbreviation of that title prescribed in the bylaws.
(5) Abbreviations referred to in subsection (4) include
(a) P.Eng., P.E., P.Geo., P.L., P. Lic., R.I.T.;
(b) A.Sc.T., C.Tech. and C.E.T.; and
(c) any other abbreviations set out in the bylaws.
Employment of registrants or permit holders
16.A person shall not employ under a contract of service a person, other than a registrant or permit holder,
(a) to practice professional engineering;
(b) to practice professional geoscience; or
(c) to practice applied science technology.
Injunction
17.The Supreme Court may, on the application of the Association, grant an injunction restraining a person who contravenes section 15 or 16 from further contravention of those sections.
PART 3
REGISTRANTS
Interpretation
Definition: "Board of Examiners"
18.In this Part, "Board of Examiners" means the Board of Examiners in Engineering, Geoscience and Applied Science Technology designated under subsection 19(1).
Board of Examiners
Board of Examiners
19.(1) Council shall, in accordance with the bylaws, designate a Board of Examiners in Engineering, Geoscience and Applied Science Technology responsible for appraising academic and experience qualifications of applicants for registration under this Act, and for setting and conducting examinations.
(2) In appraising applications, the Board of Examiners shall ensure that
(a) the qualifications of each applicant are, to the extent possible, reviewed by members of the Board; and
(b) each applicant is qualified to be registered in the class of registrant applied for.
Eligibility - Professional Engineer,
Professional Licensee (Engineering) or
Registrant-in-Training (Engineering)
Equivalent association
20.(1) This section does not apply to a person who is a professional engineer or professional licensee (engineering) of an equivalent extraterritorial professional association.
(2) Subject to this section, an applicant for registration as a professional engineer or professional licensee (engineering) must, to be eligible for registration,
(a) be a graduate of a university program in engineering that is approved by the Board of Examiners; and
(b) have at least four years experience satisfactory to the Board of Examiners in the practice of professional engineering.
(3) An applicant for registration as a professional engineer or professional licensee (engineering) who is a graduate of a university program in engineering that has not been approved by the Board of Examiners must, to be eligible for registration,
(a) pass examinations set by the Board of Examiners; and
(b) have at least four years experience satisfactory to the Board of Examiners in the practice of professional engineering.
(4) An applicant for registration as a professional engineer or professional licensee (engineer) who is not a graduate of any university program in engineering must, to be eligible for registration,
(a) pass examinations set by the Board of Examiners; and
(b) have at least six years experience satisfactory to the Board of Examiners in the practice of professional engineering.
(5) Subject to this section, an applicant for registration as a registrant-in-training (engineering) must, to be eligible for registration, be a graduate of a university program in professional engineering that is approved by the Board of Examiners.
Professional Licensee (Geoscience) or
Registrant-in-Training (Geoscience)
Equivalent association
21.(1) This section does not apply to a person who is a professional geoscientist or professional licensee (geoscience) of an equivalent extraterritorial professional association.
(2) Subject to this section, an applicant for registration as a professional geoscientist or professional licensee (geoscientist) must, to be eligible for registration,
(a) be a graduate of courses in geoscience that are approved by the Board of Examiners; and
(b) have at least four years experience satisfactory to the Board of Examiners in the practice of professional geoscience.
(3) An applicant for registration as a professional geoscientist or professional licensee (geoscience) who is not a graduate of courses in geoscience approved by the Board of Examiners, must, to be eligible for registration,
(a) pass examinations set by the Board of Examiners; and
(b) have at least four years experience satisfactory to the Board of Examiners in the practice of professional geoscience.
(4) An applicant for registration as a professional geoscientist or professional licensee (geoscience) who is not a graduate of any courses in geoscience, must, to be eligible for registration,
(a) pass examinations set by the Board of Examiners; and
(b) have at least six years experience satisfactory to the Board of Examiners in the practice of professional geoscience.
(5) Subject to this section, an applicant for registration as a registrant-in-training (geoscientist) must, to be eligible for registration, be a graduate of courses in professional geoscience that are approved by the Board of Examiners.
Eligibility - Technician or Technologist
Approved program
22.(1) Subject to this section, an applicant for registration as a technician or technologist must, to be eligible for registration, be a graduate of an applied science technology program that is approved by the Board of Examiners.
(2) An applicant for registration as a technician or technologist must, to be eligible for registration, pass examinations set by the Board of Examiners, where the applicant
(a) is a graduate of an applied science technology program that has not been approved by the Board of Examiners; or
(b) has not graduated from an applied science technology program.
Appeal of Appraisal
Appeal to Council
23.(1) An applicant for registration who is dissatisfied with the Board of Examiners’ appraisal of their academic qualifications or experience may appeal to Council.
(2) Where an appeal is made by an applicant, the Executive Director shall
(a) obtain a copy of the material submitted to or obtained by the Board of Examiners that it considered in making its appraisal; and
(b) provide the copy of the material to Council.
(3) Council may, on hearing the appeal,
(a) confirm the appraisal by the Board of Examiners; or
(b) request the Board of Examiners to reconsider the application.
(4) An applicant may not appeal to the Supreme Court the rejection by the Board of Examiners of their academic qualifications or experience unless the applicant has first appealed to Council under subsection (1).
Registration
Professional engineer, professional
24.(1) Council may register an individual as a professional engineer, professional licensee (engineering) or registrant-in-training (engineering) who
(a) applies, in accordance with the bylaws, for registration as a professional engineer, professional licensee (engineering) or registrant-in-training (engineering);
(b) pays the required fees as set out in the bylaws; and
(c) satisfies Council that the individual
(i) is a Canadian citizen or a permanent resident or is otherwise lawfully permitted to work in Canada, and
(ii) is
(A) eligible for registration under section 20, or
(B) a member of an equivalent extraterritorial professional association.
(2) Council may register an individual as a professional geoscientist, professional licensee (geoscience) or registrant-in-training (geoscience) who
(a) applies, in accordance with the bylaws, for registration as a professional geoscientist, professional licensee (geoscience) or registrant-in-training (geoscience);
(b) pays the required fees as set out in the bylaws; and
(c) satisfies Council that the individual
(i) is a Canadian citizen or a permanent resident or is otherwise lawfully permitted to work in Canada, and
(ii) is
(A) eligible for registration under section 21, or
(B) a member of an equivalent extraterritorial professional association.
(3) Council shall, on registration of an applicant who has applied for registration as a professional licensee, limit, in accordance with the bylaws, the registrant’s scope of practice of professional engineering or professional geoscience.
(4) Council may register an individual as a technician or technologist, who
(a) applies, in accordance with the bylaws, for registration as a technician or technologist;
(b) pays the required fees as set out in the bylaws; and
(c) satisfies Council that the individual
(i) is a Canadian citizen or a permanent resident or is otherwise lawfully permitted to work in Canada, and
(ii) is
(A) eligible for registration under section 22, or
(B) a technician or technologist of an equivalent extraterritorial professional association.
(5) Council shall, on registration of an applicant who has applied for registration as a technician or technologist, designate, in accordance with the bylaws, the registrant as
(a) an applied science technologist;
(b) a certified technician; or
(c) a certified engineering technologist.
(6) Council may require an applicant for registration to write the professional practice or other examinations Council considers necessary.
(7) Where an applicant fails an examination under subsection (6), Council may reject the application for registration.
(8) Where an application for registration is rejected, Council shall provide the applicant with a written notice stating the reasons for the rejection.
Appeal
25.Subject to subsection 23(4), a person whose application for registration has been rejected by Council on any ground may appeal to the Supreme Court within 60 days after receiving notice of the rejection.
Certificate of registration
26.Council shall, subject to the bylaws, issue to each registrant a certificate of registration that
(a) is signed by the president and the Executive Director; and
(b) bears the seal of the Association.
Lapse in Registration
Review of registration of inactive registrant
27.(1) Where a registrant has been an inactive registrant, as set out in the bylaws, for more than five years, Council may require the Board of Examiners to review the registrant’s registration.
(2) The Board of Examiners may require a registrant under subsection (1) to
(a) pass examinations set by the Board of Examiners; or
(b) pass a course of study or obtain experience satisfactory to the Board of Examiners or in a field of practice as specified by the Board of Examiners, relevant to the registrant’s registration.
(3) Where the registrant does not comply with the requirements under subsection (2), Council may terminate the registration of the registrant.
Permits
Definition: "firm"
28.(1) In this section, "firm" includes a sole proprietorship, partnership, corporation or association of persons.
(2) A permit holder may practise professional engineering, professional geoscience or applied science technology in the name of the firm, only to the extent that the professional representative appointed under paragraph (3)(b) is authorized to practise.
(3) Council may register a firm as a permit holder, where the firm
(a) applies in accordance with the bylaws;
(b) appoints at least one registrant who is a full-time employee, partner or officer of the firm to serve as its professional representative and to assume professional responsibility for the professional conduct of the firm; and
(c) pays the required fees as set out in the bylaws.
(4) Where a permit holder fails to comply with the Act or bylaws governing registration of the permit holder, Council may
(a) withhold renewal of the registration; or
(b) suspend or terminate the registration.
Stamp
Issue of stamp
29.(1) Council may, in accordance with the bylaws, issue a stamp to a registrant or permit holder.
(2) A registrant or permit holder shall stamp plans, designs, specifications, reports and similar documents in accordance with the bylaws.
(3) A registrant or permit holder shall cease any further use of the stamp on termination or non-renewal of registration.
Annual Fees
Annual fee
30.(1) A registrant or permit holder shall pay in advance to the Association the annual fee as set out in the bylaws.
(2) Where a registrant holder or permit holder does not pay the annual fee within the period of time set by the bylaws, Council may
(a) suspend the registration or permit, as applicable; or
(b) terminate the registration or permit, as applicable.
(3) A registrant or permit holder whose registration or permit has been suspended or terminated under subsection (2) may, in accordance with the bylaws and after paying the annual fee, apply to Council
(a) to have the suspension lifted, in the case of a suspension; or
(b) to be re-registered, in the case of a termination.
PART 4
CONTINUING PROFESSIONAL
DEVELOPMENT
Definition: "continuing professional development requirements"
31.(1) In this section, "continuing professional development requirements" means the requirements of a continuing professional development program established in accordance with the bylaws.
(2) A registrant shall, in accordance with this section and the bylaws,
(a) comply with the continuing professional development requirements that apply to the registrant; and
(b) maintain records setting out the details of their participation in continuing professional development.
(3) The Executive Director may require a registrant to provide a copy of the records referred to in subsection (2)(b) for any period the Executive Director specifies.
(4) A registrant who is required to provide a copy of a record under subsection (3) shall provide it without delay after being informed of the requirement.
Notice of non- compliance
32.(1) The Executive Director shall give a registrant who fails to comply with section 31 notice that the registrant’s registration will be suspended without further notice if the registrant does not comply with section 31 within
(a) 30 days after the day the notice is given; or
(b) any longer period that Council permits.
(2) Where the registrant’s non-compliance continues after the expiration of the notice period described in subsection (1), Council may
(a) suspend the registration without further notice; and
(b) file a written complaint with the chair of the Discipline Committee in accordance with section 37 that the registrant’s failure to comply constitutes unprofessional conduct as defined in section 34.
(3) Council shall lift the suspension referred to in paragraph (2)(a) if the Executive Director is satisfied that a registrant has complied with section 31.
PART 5
DISCIPLINE
Definitions
33.In this Part,
"Board of Inquiry" means a Board of Inquiry established to conduct a hearing under subsection 44(1) or subsection 56(3); (commission d’enquête) "Discipline Committee" means the Discipline Committee established under subsection 36(1); (comité de discipline)
"Investigative Committee" means an Investigative Committee established to conduct a preliminary investigation under section 39; (comité d’investigation)
"practitioner" means a registrant or permit holder or former registrant or former permit holder. (praticien)
Unprofessional Conduct
Unprofessional conduct
34.Unprofessional conduct is conduct by a practitioner, while the practitioner was a registrant or permit holder, that
(a) is detrimental to the best interests of the public;
(b) contravenes a code of ethics established or adopted under the bylaws;
(c) is detrimental to the standing of the Association; or
(d) displays a lack of knowledge, skill or judgment in professional practice or in the carrying out of a duty or obligation undertaken in professional practice.
Legal or other assistance
35.The Association may retain any legal or other assistance that it considers necessary for the conduct of any proceedings under this Part.
Discipline Committee
Discipline Committee
36.(1) Council shall establish a Discipline Committee comprised of
(a) at least five registrants, each appointed by Council to serve at pleasure; and
(b) not more than two lay members, each appointed by the Minister for term of three years.
(2) Members of Council may not be appointed to the Discipline Committee.
(3) Council shall designate one member of the Discipline Committee to be the chair.
(4) Three members of the Discipline Committee constitute a quorum.
(5) If the office of a lay member becomes vacant, Council shall notify the Minister.
(6) Council may, in a notice made under subsection (5), recommend the appointment of a specific person to the vacant office.
Complaints
Complaints
37.(1) A person may make a complaint that an act or omission of a practitioner constitutes unprofessional conduct by filing a complaint with the Executive Director.
(2) A complaint respecting the conduct of a practitioner may be dealt with under this Part if it is filed within two years after the day the complainant reasonably became aware of the conduct.
(3) Where the Executive Director has evidence that the conduct of a practitioner constitutes unprofessional conduct, the Executive Director shall file a written complaint with the chair of the Discipline Committee.
(4) A complaint filed under subsection (1) must
(a) be in writing;
(b) include the complainant’s name; and
(c) be signed by the complainant.
(5) The Executive Director shall transmit a copy of each complaint filed under subsection (1) to the chair of the Discipline Committee.
What chair must do on receipt of complaint
38.(1) On receiving a complaint filed under subsection 37(3) or (5), the chair of the Discipline Committee shall give the practitioner notice of the complaint, including a copy of the complaint.
(2) Where the chair of the Discipline Committee determines that a complaint is frivolous or vexatious, the chair may dismiss the complaint.
(3) Where a complaint is dismissed under subsection (2), the chair of the Discipline Committee shall give the complainant and the practitioner written notice of the dismissal with reasons.
(4) Where the chair of the Discipline Committee dismisses a complaint under subsection (2) and the complainant requests an internal review of the dismissal in an approved manner and form, Council shall, within 60 days after receiving notice of the request and in accordance with the bylaws, carry out an internal review of the dismissal.
(5) For greater certainty, a complainant is not a party to any disciplinary proceeding under this Act.
Preliminary Investigation
Appointment of Investigative Committee
39.The Discipline Committee shall establish an Investigative Committee comprised of one or more of the members of the Discipline Committee to conduct a preliminary investigation respecting a complaint that is received by the chair of the Discipline Committee and not dismissed under subsection 38(2).
Continuation of service
40.For the purpose of completing proceedings in respect of a complaint that had commenced while a person served as a member of an Investigative Committee, the person may, notwithstanding the expiry of their term of office as a member of the Discipline Committee, continue to serve on the Investigative Committee until the proceedings have been concluded.
Notice of preliminary investigation
41.(1) The Investigative Committee shall give the practitioner whose conduct is under investigation at least 10 days notice identifying the members of the Investigative Committee and indicating that a preliminary investigation will be conducted.
(2) The practitioner whose conduct is to be investigated must be given a reasonable opportunity to submit a written statement to the Investigative Committee respecting the complaint.
Issue of direction or reprimand
42.(1) On completion of the preliminary investigation, the Investigative Committee shall
(a) direct that no further action be taken and dismiss the complaint, if the Investigative Committee finds that the complaint does not provide a basis for a finding of unprofessional conduct;
(b) reprimand the practitioner, if the Investigative Committee finds that the investigated conduct
(i) constitutes unprofessional conduct, and
(ii) is not of such gravity or importance as to warrant suspension or termination of the practitioner’s registration; or
(c) issue a direction to hold a hearing in respect of the complaint.
(2) The Investigative Committee shall give notice of any direction, finding, dismissal, reprimand or hearing under subsection (1) to Council, the Discipline Committee, the practitioner and the complainant.
Rejection of reprimand
43.(1) A practitioner may, within 10 days after receiving notice of a reprimand under paragraph 42(1)(b), notify the chair of the Discipline Committee that the practitioner rejects the reprimand.
(2) Where the practitioner rejects the reprimand, the chair of the Discipline Committee shall issue a direction that a hearing be held.
Hearing
Appointment of Board of Inquiry
44.(1) Council shall, on receipt of a direction issued by an Investigative Committee under paragraph 42(1)(c) or by the chair of the Discipline Committee under subsection 43(2), establish a Board of Inquiry comprised of three members of Council designated by Council to conduct a hearing respecting the complaint.
(2) The Board of Inquiry shall give the practitioner whose conduct is the subject of the inquiry at least 30 days notice identifying the members of the Board and indicating the time and place at which the hearing will be held.
Continuation of service
45.For the purpose of completing proceedings in respect of a complaint that had commenced while a person served as a member of a Board of Inquiry, the person may, notwithstanding the expiry of their term of office as a member of Council, continue to serve on the Board of Inquiry until the proceedings have been concluded.
Public hearings
46.Hearings before a Board of Inquiry must be held in public unless the Board orders that all or part of the hearing be held in private.
Non- attendance at hearing
47.Where the practitioner whose conduct is the subject of an inquiry does not attend the hearing, the Board of Inquiry may, on proof of proper service of the notice of hearing, proceed with the hearing and take any action authorized by this Act without further notice to the practitioner.
Notice to attend hearing
48.(1) The attendance of a witness before a hearing and the production of materials may be directed by a notice issued by the Executive Director requiring the witness to attend at the time and place stated and specifying the materials, if any, that the witness is required to produce.
(2) On the written request of the practitioner whose conduct is the subject of inquiry, or of their lawyer or agent, the Executive Director shall, without charge, issue and deliver the notices that the practitioner may require for the attendance of witnesses or for the production of materials.
(3) If a person does not comply with a notice issued by the Executive Director under subsection (1), the Executive Director may, on behalf of the Association, apply to the Supreme Court for
(a) an order compelling a witness to appear before the Board of Inquiry to answer questions about the registrant; or
(b) an order that the materials, wherever located, of or relating to the practitioner be seized from the person named in the order.
Natural justice
49.(1) Hearings must be conducted in accordance with the rules of natural justice.
(2) A Board of Inquiry is not bound by the rules of evidence.
(3) A practitioner whose conduct is the subject of inquiry and any other person the Board of Inquiry considers to have knowledge relevant to a complaint, is a compellable witness at a hearing inquiring into that complaint.
(4) Subject to subsection (7), a witness at a hearing may be examined on oath or affirmation on all matters relevant to the inquiry.
(5) A witness at a hearing may not be excused from answering a question on the grounds that the answer might
(a) tend to incriminate the witness;
(b) subject the witness to punishment under this Part; or
(c) tend to establish the liability of the witness
(i) in a civil proceeding at the instance of a person or the Government of the Northwest Territories, or
(ii) to prosecution under any Act.
(6) An answer given under subsection (5) must not be used against the witness in any civil proceedings or in any proceedings under any other Act of the Northwest Territories, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.
(7) A Board of Inquiry may apply to the Supreme Court in accordance with Part 52 of the Rules of the Supreme Court of the Northwest Territories for an order of contempt if a witness
(a) fails
(i) to attend before a meeting of the Board of Inquiry after receiving a notice to attend,
(ii) to produce materials as required by a notice for production, or
(iii) in any way to comply with a notice referred to in subparagraph (i) or (ii); or
(b) refuses to answer any question allowed by the Board of Inquiry.
Findings and Orders
If not unprofessional conduct
50.(1) Where, on completion of a hearing, the Board of Inquiry finds that the conduct of practitioner is not unprofessional conduct, the Board of Inquiry shall
(a) dismiss the complaint; and
(b) give the practitioner and complainant notice of the dismissal.
(2) Where, on completion of a hearing, the Board of Inquiry finds that the conduct of practitioner is unprofessional conduct, the Board of Inquiry may
(a) reprimand the practitioner;
(b) suspend the registration or permit of the practitioner for a stated period;
(c) suspend the registration or permit of the practitioner until
(i) the practitioner has completed a specified course of studies or obtained supervised practical experience, or
(ii) Council is satisfied as to the competence of the practitioner to practice professional engineering, professional geoscience or applied science technology;
(d) accept the practitioner’s undertaking to limit their practice;
(e) impose conditions on the practitioner’s ability to engage in the practice of professional engineering, professional geoscience or applied science technology, including the condition that they
(i) practice under supervision,
(ii) not engage in sole practice,
(iii) permit periodic inspections by a person authorized by the Board of Inquiry to carry out inspections,
(iv) permit periodic audits of records, or
(v) report to Council or the Executive Director on specific matters;
(f) direct the practitioner to pass a particular course of study or satisfy Council or its agent as to the practitioner’s competence;
(g) direct the practitioner to satisfy Council or its agent that a disability or condition
(i) has been or is being successfully treated, or
(ii) no longer impairs the practitioner’s capacity to engage in the practice;
(h) suspend the registration or permit of the practitioner until Council is satisfied under paragraph (g);
(i) direct the practitioner to waive, reduce or repay money paid to the practitioner that, in the opinion of the Board of Inquiry, was unjustified for any reason; and
(j) terminate the registration or permit of the practitioner.
(3) Where Council is satisfied that a practitioner has contravened an order or direction under subsection (2), Council may, without a further hearing, terminate or suspend the registration or permit of the practitioner without notice.
Costs and fines
51.(1) The Board of Inquiry may order that the practitioner who has been reprimanded under paragraph 42(1)(b) or in respect of whom an order or direction has been made under subsection 50(2) pay to the Association, within the time set by the order,
(a) all or part of the costs of the preliminary investigation under sections 39 to 43 or hearing under sections 44 to 49; or
(b) a fine not exceeding
(i) $25,000 in the case of a registrant other than a registrant-in-training or permit holder,
(ii) $2,500 in the case of a registrant-in-training, or
(iii) $100,000 in the case of a permit holder.
(2) The Association may file an order under subsection (1) in the Supreme Court, and on the order being filed it may be enforced in the same manner as a judgment of the Supreme Court.
Effect of suspension or termination of registration
52.(1) Subject to subsection (2), a practitioner whose registration or permit is suspended or terminated shall not practice professional engineering, professional geoscience or applied science technology from the date of the suspension or termination until the suspension ends or the registration or permit is reinstated.
(2) The practitioner may continue to practice with the written approval of Council for the purpose of completing or transferring work started before the suspension or termination of the registration or permit.
Alternative Dispute Resolution
Appointment of referee
53.(1) The chair of the Discipline Committee may, at any time before the commencement of a hearing into a complaint, appoint a referee to conduct an alternative dispute resolution process in respect of the complaint if
(a) the chair considers that an attempt to settle the complaint through the alternative dispute resolution process is appropriate in the circumstances; and
(b) Council or its agent and the practitioner agree to attempt to have the complaint settled through an alternative dispute resolution process, and agree to comply with the procedures that will apply to the process.
(2) The referee shall terminate the process and refer the complaint back to the chair of the Discipline Committee if
(a) Council or its agent or the practitioner request a termination of the alternative dispute resolution process; or
(b) the referee considers it unlikely that the complaint will be settled through the alternative dispute resolution process.
(3) The chair of the Discipline Committee shall provide Council or its agent and the practitioner with a written notice of
(a) the appointment of a referee to conduct an alternative dispute resolution process in respect of a complaint under subsection (1); or
(b) the referee’s referral of the complaint back to the chair under subsection (2).
(4) Nothing in this Act prohibits a referee from inviting participation by the complainant in an alterative dispute resolution process.
Evidence confidential
54.Communications and evidence arising from anything said or produced during the course of an alternative dispute resolution process are confidential and are not admissible in any proceedings under this or any other Act, or in any action, matter or proceeding, without the written consent of Council and the practitioner.
Settlement
55.(1) Where a complaint is settled through an alternative dispute resolution process, the referee shall provide the chair of the Discipline Committee with a copy of the settlement agreement signed by Council or its agent and the practitioner.
(2) The chair of the Discipline Committee may deal with a complaint under this Part as if there had been no appointment of a referee to conduct an alternative resolution process if
(a) the complaint is referred back to the chair under subsection 53(2); or
(b) the chair is satisfied that the practitioner has not complied with the terms and conditions of an approved settlement agreement.
Extraterritorial Discipline
Definitions
56.(1) In this section,
"bijurisdictional practitioner" means a practitioner who is also a practitioner of an equivalent extraterritorial professional association or who ceased to be a practitioner of that association by reason of an order referred to in paragraph (5)(a); (praticien bijuridictionnel)
"extraterritorial disciplinary body", in respect of an equivalent extraterritorial professional association, means the governing body of that association or any person or group of persons having powers to impose disciplinary sanctions on the practitioners of that association by way of suspension or termination of registration in that association. (organisme disciplinaire extraterritorial)
(2) A bijurisdictional practitioner shall, without delay, notify the Executive Director where proceedings are initiated in respect of the bijurisdictional practitioner by an extraterritorial disciplinary body.
(3) Council may appoint a Board of Inquiry to evaluate proceedings initiated against a practitioner under subsection (2).
(4) The Board of Inquiry appointed under subsection (3) must be comprised of three members of Council.
(5) The Board of Inquiry may, after completing its evaluation under subsection (3), make an order against a bijurisdictional practitioner if
(a) the extraterritorial disciplinary body, in disciplinary proceedings against the bijurisdictional practitioner, makes an order similar to any order described in subsection 50(2); or
(b) the bijurisdictional practitioner resigns as a practitioner of the equivalent extraterritorial professional association with the result that disciplinary proceedings initiated by an extraterritorial disciplinary body do not continue against the bijurisdictional practitioner.
(6) The Board of Inquiry shall make reasonable efforts to ensure that any order made under subsection (5) has the same effect as
(a) the order made by the extraterritorial disciplinary body; or
(b) an order that would have been made by the Board of Inquiry where the extraterritorial disciplinary body did not make an order because the bijurisdictional practitioner resigned before the order could be made.
(7) The Board of Inquiry shall not make any order under subsection (5) until the bijurisdictional practitioner concerned has been given
(a) notice of the intention of the Board of Inquiry to consider making an order under that subsection; and
(b) a reasonable opportunity to make oral or written representations to the Board of Inquiry.
Notice and Publication
Notice to complainant
57.(1) The chair of the Discipline Committee shall, in accordance with the bylaws, give the complainant notice of the disposition of the complaint, including
(a) a summary of the findings and any order of the Board of Inquiry made under section 50; or
(b) a summary of the settlement reached in an alternate dispute resolution process under section 53.
(2) The chair of the Discipline Committee shall, in accordance with the bylaws, give the registrant notice of the disposition of the complaint, including
(a) the findings, with reasons, and any order of the Board of Inquiry made under section 50; or
(b) the settlement agreement reached in an alternate dispute resolution process under section 53.
Publication
58.The Executive Director shall publish online a summary of the following:
(a) each finding by the Investigative Committee under paragraph 42(1)(b);
(b) each finding or order made by a Board of Inquiry under section 50;
(c) each settlement agreement reached under section 53.
Appeal
Right to appeal
59.(1) A practitioner may, in accordance with the Rules of the Supreme Court of the Northwest Territories, appeal any finding or order of a Board of Inquiry to the Supreme Court within 30 days after being notified of the finding or order.
(2) The Executive Director shall, on request, provide an appellant with a copy of the materials considered by the Board of Inquiry in making the finding or order being appealed.
Order of Supreme Court
60.The Supreme Court may, on an appeal taken under subsection 59(1),
(a) make any finding that it considers ought to have been made; and
(b) make any order that it considers just in the circumstances.
PART 6
GENERAL
Certificate of Standing
Certificate of Executive Director
61.(1) This section applies to a certificate purporting to be signed by the Executive Director and stating that, according to the records of the Association, a named person was or was not, on a specified day or during a specified period,
(a) a registrant or a registrant whose registration has been suspended or terminated;
(b) a permit holder or a permit holder whose registration has been suspended or terminated;
(c) an officer of the Association, appointed by Council; or
(d) a member of Council or a specific member of Council.
(2) A certificate described in subsection (1) must be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the appointment or signature of the Executive Director.
Liability
Protection from liability
62.No action lies against a member of Council, a member of the Discipline Committee, the Investigative Committee or a Board of Inquiry, a referee, the Executive Director, an employee of the Association or a person acting on their instructions, for anything done or not done by that person in good faith and in purporting to act in accordance with this Act or bylaws.
Offences and Punishment
Fraud
63.A person who wilfully procures registration by making or procuring a false or fraudulent representation or declaration, either orally or in writing, and every person who knowingly aids or assists that person, is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000.
Unauthorized practice or holding out
64.A person who contravenes section 15 is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000.
General offence and punishment
65.A person who contravenes a provision of this Act for which no specific punishment is provided is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.
Continuing offence
66.(1) An offence under section 63, 64 or 65 that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
(2) If a person is convicted of an offence a subsequent time, the maximum amount of the fine for that subsequent offence may be double the amount set out in section 63, 64 or 65, as applicable.
Limitation period
67.(1) A prosecution under this Act may be commenced within two years after the day the offence is alleged to have been committed.
(2) Notwithstanding subsection (1), a prosecution under this Act may be commenced within six months after the day when evidence, sufficient to justify prosecution for the offence, comes to the knowledge of the Association or another appropriate authority.
PART 7
OPERATIONS IN NUNAVUT
Regulatory powers of Association in Nunavut
68.The Association may exercise such powers and functions for the regulation of professional engineering, professional geoscience and applied science technology in Nunavut, including the discipline of registrants in Nunavut, as may be provided to the Association under the laws of Nunavut.
Continuation of Northwest Territories
69.The following are continued as Sections of the Association:
(a) the Northwest Territories Section, comprising all registrants resident in Northwest Territories;
(b) the Nunavut Section, comprising all registrants who are resident in the Nunavut.
Bylaws
70.For greater certainty, Council may make bylaws respecting the structure, functions and management of the Northwest Territories Section or the Nunavut Section, including
(a) the establishment of an executive of a Section and the powers and duties of its officers;
(b) the nomination, election, appointment, removal, terms of office and remuneration of officers of a Section; and
(c) the convening, location, quorum and conduct of meetings of the executive of a Section and of general meetings of the Section.
Determination by Northwest Territories Section
71.(1) The Northwest Territories Section may, by resolution of a general meeting of the Section, determine that the Association will no longer perform functions in respect of Nunavut.
(2) The Nunavut Section may, by resolution of a general meeting of the Section, determine that the functions of the Association in respect of Nunavut will be performed by a body other than the Association.
(3) Where the Northwest Territories Section or the Nunavut Section makes a determination under subsection (1) or (2) respectively, the Section shall provide notice of that determination to the other Section.
Division of assets and liabilities
72.(1) After notice is provided in accordance with subsection 71(3), the Northwest Territories Section and the Nunavut Section shall enter into negotiations with respect to the division of the assets and liabilities of the Association.
(2) The assets and liabilities of the Association must be divided between the Northwest Territories Section and the Nunavut Section in a ratio equal to the ratio of the number of registrants in each Section.
(3) The quantum of the assets and liabilities of the Association referred to in subsection (2) shall, for purposes of division, be determined on the basis of the audited financial statements of the Association for the most recent fiscal year ended at the time notice is provided under subsection 71(3).
(4) The number of members in each Section must, for purposes of applying the ratio referred to in subsection (2), be determined as at the end of the most recent fiscal year ended at the time notice is provided under subsection 71(3).
(5) Notwithstanding subsections (2) to (4), the Nunavut Section must receive, as a result of the division of the assets and liabilities of the Association, the greater of
(a) the amount calculated in accordance with subsections (2) to (4); and
(b) $8,932.40, being an amount equal to 10% of the members’ equity in the Association, as reported in the audited financial statements of the Association for the 1998 fiscal year.
Agreement on alternate scheme
73.The Northwest Territories Section and the Nunavut Section may agree on principles for division of the assets and liabilities of the Association that do not accord with section 72.
Ownership of divided assets and
74.Upon a division of the assets and liabilities of the Association,
(a) the assets and liabilities assigned to the Northwest Territories Section are the property of the Association; and
(b) the assets and liabilities assigned to the Nunavut Section are the property of the Nunavut Section or any other body the Section designates to receive those assets and liabilities.
PART 8
REGULATIONS, BYLAWS AND
CODES
Regulations
Regulations
75.(1) The Minister may make regulations respecting the composition of Council under subsection 6(3).
(2) The Minister shall consult with the Association before making regulations under subsection (1).
Bylaws
Bylaws
76.(1) Council may make bylaws for the governance of the Association, for
(a) the management and conduct of its business and affairs; and
(b) the exercise of the powers and the carrying out of duties conferred or imposed on the Association under this or any other Act.
(2) Where bylaws are made under this Act, Council shall give registrants at least 30 days notice before the proposed bylaws come into force.
(3) Bylaws made under this Act are not regulations or statutory instruments as defined in subsection 1(1) of the Statutory Instruments Act.
(4) For greater certainty, the Public Printing Act does not apply to any bylaws made under this Act.
(5) The Association shall publish bylaws in a manner that makes them readily accessible to the registrants and the public.
(6) Where a registrant fails to comply with any provision of the bylaws, Council may commence a proceeding against the registrant under section 37.
(7) Without restricting the generality of subsection (1), Council may make bylaws respecting
(a) meetings of the Association, Council and committees of the Association;
(b) the nomination, election and appointment of members of Council under sections 6 and 8;
(c) the composition of Council under subsection 6(3);
(d) the appointment of officers for the management and operation of the Association;
(e) the Board of Examiners under section 19;
(f) the Association’s financial affairs;
(g) fees, including those payable by registrants who are active or inactive and those who are returning from suspension or termination to active or inactive status;
(h) qualifications required of persons applying for registration under section 24;
(i) certificates of registration under section 26;
(j) the Association’s seal referred to in paragraph 26(b);
(k) registration of registrants, including
(i) re-activation of registration of registrants from inactive to active,
(ii) life and honorary registrations, and
(iii) registrants who cease to qualify under section 27;
(l) stamps under section 29;
(m) suspension or termination of registrations;
(n) continuing professional development programs for registrants under Part 4;
(o) discipline of registrants under Part 5;
(p) the establishment or adoption of a code of professional ethics under section 34;
(q) standards of professional practice for registrants;
(r) representation of the Association in other bodies;
(s) the composition of the Discipline Committee and the terms of office of its members, other than the terms of office of a lay member, under section 36;
(t) proceedings of the Discipline Committee;
(u) proceedings of Investigative Committees and Boards of Inquiry in respect of complaints in Part 5;
(v) the publication of findings and orders made by a Board of Inquiry under section 50;
(w) costs of the Association that may be recovered where a Board of Inquiry orders a practitioner to pay costs of the hearing under section 51;
(x) alternative dispute resolution processes under sections 53 to 55;
(y) publications under section 58;
(z) the establishment and operation of Sections of the Association under Part 7; and
(z.1) other matters necessary for the administration of this Act, or for the effective management and operation of the Association.
Codes and Standards
Codes and standards
77.(1) Council may make bylaws adopting a code of conduct or standards for registrants.
(2) Where a code or standard is adopted under subsection (1), the code or standard has the same legal effect as a bylaw.
(3) Where a proceeding against a registrant is carried out under Part 5 of the Act or the bylaws for a breach of a code or standard adopted under subsection (1), a copy or printout of the code or standard is admissible as evidence in the proceeding.
CONSEQUENTIAL AMENDMENTS
Architects Act
Architects Act
78.Subsection 1(1) of the Architects Act is amended by repealing the definitions "professional engineer" and "professional engineering" and adding the following definitions in alphabetical order:
"professional engineer" means a professional engineer as defined in the Practice of Engineering, Geoscience and Applied Science Technology Act; (ingénieur)
"practice of professional engineering" means the practice of professional engineering as defined in the Practice of Engineering, Geoscience and Applied Science Technology Act; (exercice de la profession d’ingénieur)
Condominium Act
Condominium Act
79.Subsection 6(1) of the Condominium Act is amended by repealing the definition "engineer" and substituting the following:
"engineer" means a person who is authorized to engage in the practice professional engineering under the Practice of Engineering, Geoscience and Applied Science Technology Act; (ingénieur)
REPEAL
Engineering and Geo- science Professions Act
80.The Engineering and Geoscience Professions Act, SNWT 2006,c.16, is repealed.
COMMENCEMENT
Coming into force
81.(1) This Act or any provision of this Act, except for provisions respecting applied science technology or technicians or technologists, comes into force on a day or days to be fixed by order of the Commissioner.
(2) Provisions of this Act respecting applied science technology or technicians or technologists come into force on a day or days to be fixed by order of the Commissioner.