SYNOPSIS OF CANADIAN ENGINEERING ACTS BY -LAWS · PDF fileSYNOPSIS OF CANADIAN ENGINEERING ACTS BY -LAWS ... Practice Of Professional Engineering ... by or under this Act for the admission

Updated: April 2016

SYNOPSIS OF CANADIAN ENGINEERING ACTS BY-LAWS AND PROCEDURES

This document provides a summary the Canadian engineering acts the by-laws for each association. This document is intended only as a guide since requirements and conditions are continually changing. TABLE OF CONTENTS Page

1. LIST OF REGULATORS ..............................................................................................................2

2. DEFINITIONS ..............................................................................................................................3

2.1 Definition - Practice Of Professional Engineering .....................................................................3

2.2 Definition- Practice of Geology/Geoscience/Geophysics ..........................................................6

3. ADMINISTRATION .................................................................................................................... 10

4. ASSOCIATION OBJECTIVES .................................................................................................... 11

5. GENERAL INFORMATION......................................................................................................... 14

5.1 SCOPE OF LAW/ACT ......................................................................................................... 14

5.2 EXEMPTIONS IN THE ACT ................................................................................................. 15

6. INDIVIDUAL LICENSING REQUIREMENTS ............................................................................... 22

7. PROVISIONAL / TEMPORARY / RESTRICTED LICENCES......................................................... 24

8. CORPORATE LICENSURE REQUIREMENTS ............................................................................ 25

9. APPLICATION PROCESS.......................................................................................................... 26

10. EXAMINATIONS SOURCE ..................................................................................................... 27

11. CONTINUING COMPETENCE & PROFESSIONAL DEVELOPMENT ........................................ 28

12. ENFORCEMENT .................................................................................................................... 30

13. ENGINEERING SEALS / STAMPS .......................................................................................... 33

14. PROFESSIONAL LIABILITY INSURANCE ............................................................................... 34

1. LIST OF REGULATORS Association of Professional Engineers and Geoscientists of Alberta (APEGA) 10060 Jasper Ave. NW, Edmonton AB T5J 4A2 Tel: 780--426--3990 / Fax: 780-- 426--1877 (1--800--661--7020) / [email protected] Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) 200 - 4010 Regent Street, Burnaby, BC V5C 6N2 Tel: 604--430--8035 / Fax: 604--430--8085 (1-888-430-8035) / [email protected] Association of Professional Engineers and Geoscientists of Manitoba (APEGM) 870 Pembina Highway, Winnipeg, MB, R3M 2M7 Tel: 204--474-2736 / Fax: 204--474--5960 (1--866--227-9600) / [email protected] Engineers and Geoscientists New Brunswick (APEGNB) 183 Hanwell Road , Fredericton, NB, E3B 2R2 Tel: 506-458-8083 / Fax: 506-451-9629 (1-888-458-8083) / [email protected] Professional Engineers & Geoscientists of Newfoundland and Labrador (PEGNL) P.O. Box 21207, St. John's, NF, A1A 5B2 Tel: 709-753--7714 / Fax: 709-753--6131 [email protected] Northwest Territories and Nunavut Association of Professional Engineers & Geoscientists (NAPEG) 201, 4817 49th Street Yellowknife, NT X1A 3S7 Tel: 867-920--4055 / Fax: 867-873--4058 email through website

Engineers Nova Scotia (Engineers NS) 1355 Barrington Street Halifax, NS, B3J 1Y9 Tel: 902-429--2250 / Fax: 902-423-9769 (1-888-802-7367) / [email protected] Professional Engineers Ontario (PEO) 40 Sheppard Avenue West, Suite 101 North York, ON M2N 6K9 Tel: 416-224-1100 / Fax: 1-800-268-0496 (1-800-339-3716) / email through website Engineers Prince Edward Island (Engineers PEI) 135 Water Street Charlottetown, PE, C1A 1A8 Tel: 902-566--1268 / Fax: 902-566--5551 email through website Ordre des ingénieurs du Québec (OIQ) Windsor Station, Office 350 1100, avenue des Canadiens-de-Montréal Montréal (Québec) H3B 2S2 Tel: 514-845--6141 / Fax: 514-845--1833 (1-800-461-6141) / email through website Association of Professional Engineers & Geoscientists of Saskatchewan (APEGS) 300 4581 Parliament Avenue Regina SK S4W 0G3 Tel: 306-525--9547 / Fax: 306-525--0851 [email protected] Association of Professional Engineers of the Yukon (APEY) 312 B Hanson Street Whitehorse, YT, Y1A 1Y6 Tel: 867-667--6727 / Fax: 867-668—2142 email through website

2. DEFINITIONS The definitions for the practice of professional engineering, geology and geophysics from the various associations are given below. Note that not all of the associations include geology and/or geophysics within their mandate.

2.1 Definition - Practice Of Professional Engineering ENGINEERS CANADA The “practice of professional engineering” means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising, or managing any of the foregoing, that requires the application of engineering principles, and that concerns the safeguarding of l ife, health, property, economic interests, the public welfare or the environment.1 APEGBC Definition for the “practice of professional engineering”: “practice of professional engineering” means the carrying on of chemical, civil, electrical, forest, geological, mechanical, metallurgical, mining or structural engineering, and other disciplines of engineering that may be designated by the council and for which university engineering programs have been accredited by the Canadian Engineering Accreditation Board or by a body which, in the opinion of the council, is its equivalent, and includes reporting on, designing, or directing the construction of any works that require for their design, or the supervision of their construction, or the supervision of their maintenance, such experience and technical knowledge as are required by or under this Act for the admission by examination to membership in the association, and, without l imitation, includes reporting on, designing or directing the construction of public util ities, industrial works, railways, bridges, highways, canals, harbour works, river improvements, l ighthouses, wet docks, dry docks, floating docks, launch ways, marine ways, steam engines, turbines, pumps, internal combustion engines, airships and airplanes, electrical machinery and apparatus, chemical operations, machinery, and works for the development, transmission or application of power, l ight and heat, grain elevators, municipal works, irrigation works, sewage disposal works, drainage works, incinerators, hydraulic works, and all other engineering works, and all buildings necessary to the proper housing, installation and operation of the engineering works embraced in this definition2 APEGA Practice of Engineering i . reporting on, advising on, evaluating, designing, preparing plans and specifications for or directing the

construction, technical inspection, maintenance or operation of any structure, work or process

a) that is aimed at the discovery, development or util ization of matter, materials or energy or in any other way designed for the use and convenience of man, and

b) that requires in the reporting, advising, evaluating, designing, preparation or direction the professional application of the principles of mathematics, chemistry, physics or any related applied subject or,

teaching engineering at a university.3 APEGS 1 Guideline on the Practice of Professional Engineering in Canada, Section 3.2 http://www.engineerscanada.ca/sites/default/f iles/guideline_practice_with.pdf 2 Engineers and Geoscientists Act [RSBC 1996] CHAPTER 116, s. 1(1) 3 Engineering and Geoscience Professions Act, SA 2000 Chapter E-11, s. 1.1(q)

http://www.engineerscanada.ca/sites/default/files/guideline_practice_with.pdf

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 that safeguarding of l ife, health, property, economic interests, the public interest or the environment4 APEGM “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 l ife, health, property, economic interests, the public interest or the environment; (« exercice de la profession d'ingénieur »)5 PEO “practice of professional engineering” means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of l ife, health, property, economic interests, the public welfare or the environment, or the managing of any such act; (“exercice de la profession d’ingénieur”)6 OIQ The practice of the engineering profession consists of performing for another any of the following acts (section 3), when they relate to the works mentioned in section 2: Section 3: a) the giving of consultations and opinions; b) the making of measurements, of layouts, the preparation of reports, computations, designs, drawings, plans,

specifications; c) the inspection or supervision of the works. Section 2: Works of the kinds hereinafter described constitute the field of practice of an engineer: a) railways, public roads, airports, bridges viaducts, tunnels and the installations connected with a transport system,

the cost of which exceeds three thousand dollars; b) dams, canals, harbours, l ighthouses and all works relating to the improvement, control or util ization of waters; c) works of an electrical, mechanical, hydraulic, aeronautical, electronic, thermic, nuclear, metallurgical, geological or

mining character and those intended for the util ization of the processes of applied chemistry or physics; d) waterworks, sewer, fi ltration, purification works to dispose of refuse and other works in the field of municipal

engineering, the cost of which exceeds one thousand dollars; e) the foundations, frameworks and electrical and mechanical systems of buildings, the cost of which exceeds one

hundred thousand dollars and of public buildings within the meaning of the Public Buildings Safety Act (chapter S-3);

f) structures accessory to engineering works and intended to house them; 4 The Engineering and Geoscience Professions Act, Chapter E-9.3, s. 2(1)(m) 5 The Engineering and Geoscientific Professions Act, C.C.S.M. c. E120, s. 1 6 Professional Engineers Act, R.S.O. 1990, Chapter P.28, s.1

g) temporary framework and other temporary works used during the carrying out of works of civil engineering; h) soil engineering necessary to elaborate engineering works; i) industrial work or equipment involving public or employee safety. 7

Engineers and Geoscientists New Brunswick (APEGNB) “practice of professional engineering” any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of l ife, health, property, economic interests, the public welfare or the environment, or the managing of any such act (ingénierie professionnelle).8 Engineers Nova Scotia “professional engineering” means application of engineering for gain, hire or hope of reward, either directly or indirectly; “engineering” means the science and art of designing, investigating, supervising the construction, maintenance or operation of, making specifications, inventories or appraisals of, and consultations or reports on machinery, structures, works, plants, mines, mineral deposits, processes, transportation systems, transmission systems and communication systems or any other part thereof;9 Engineers Prince Edward Island “Professional engineering” or the “practice of engineering” means the provision of services for another as an employee or by contract, and such services shall include consultation, investigation, instruction, evaluation, planning, design, inspection, management, research, development and implementation of engineering works and systems; “engineering works and systems'' includes

(i) transportation systems and components related to air, water, land or outer space, movement of goods or

people, (i i) works related to the location, mapping, improvement, control and util ization of natural resources, (i i i) works and components of an electrical, mechanical, hydraulic, aeronautical, electronic, thermic, nuclear,

metallurgical, geological, mining or industrial character and others dependent on the util ization or the application of chemical or physical principles,

(iv) works related to the protection, control and improvement of the environment including those of pollution

control, abatement and treatment, (v) the structural, electrical, mechanical, communications, transportation and other util ity aspects of building

components and systems,

7 Engineers Act, Chapter I-9, Division 2, s. 2 8 Engineering and Geoscience Professions Act, Chapter 9, s. 1 9 Engineering Profession Act, Chapter 148, ss. 2(n) and (g)

(vi) structures and enclosures accessory to engineering works and intended to support or house them, and

(vii) systems relating to surveying and mapping;10 PEGNL “practice of engineering” means reporting on, advising on, evaluating, designing, preparing plans and specifications for or directing the construction, technical inspection, maintenance or operation of a structure, work or process

(i) that is aimed at the discovery, except by the practice of geoscience, development or util ization of matter, materials or energy or is designed for the use and convenience of human beings, and (i i) that requires in the reporting, advising, evaluating, designing, preparation or direction the professional application of the principles of mathematics, chemistry, physics or a related applied subject,

and includes providing educational instruction on the matters contained in this paragraph to a student at an educational institution, but excludes practising as a natural scientist;11 APEY “practice of engineering” means

a. reporting on, advising on, evaluating, designing, preparing plans and specifications for, or directing the construction, technical inspection, maintenance, or operation of, any structure, work, or process

b. That is aimed at the discovery, development, util isation, storage, or disposal of matter, materials, or

energy, or is in any other way designed for, the use and convenience of persons; and that, for the protection of persons, requires in the reporting, advising, evaluating, designing, preparation, or direction, the professional application of the principles of engineering or any related applied subject; and teaching engineering at a university or college; «exercice de la profession d’ingénieur» 12

NAPEG “professional engineering” means any act of planning, designing, composing, measuring, evaluating, inspecting, advising, reporting, directing or supervising, or managing any of those acts, that requires the application of engineering principles; (profession d’ingénieur)13

2.2 Definition- Practice of Geology/Geoscience/Geophysics The following model definition of the practice of professional geoscience was developed by Geoscientists Canada and has been approved for circulation by the Canadian Geoscientist Standards Board and Geoscientists Canada: The “practice of professional geoscience”

10 Engineering Profession Act, Chapter E-8.1, ss. 1(s), 1(k) 11 Engineers and Geoscientists Act, 2008, Chapter E-12.1, s. 2(h) 12 Engineering Professions Act, Chapter 75, s. 1 13 Engineering and Geoscience Professions Act, S.N.W.T. 2006, c.16, s. 1

means the performing of any activity that requires application of the principles of the geological sciences, and that concerns the safeguarding of public welfare, l ife, health, property, or economic interests, including, but not l imited to:

a) investigations, interpretations, evaluations, consultations or management aimed at discovery or development of metall ic or non-metall ic minerals, rocks, nuclear or fossil fuels, precious stones and water resources; b) investigations, interpretations, evaluations, consultations, or management relating to geoscientific properties, conditions or processes that may affect the well-being of the general public, including those pertaining to preservation of the natural environment.14

APEGBC “practice of professional geoscience” means reporting, advising, acquiring, processing, evaluating, interpreting, surveying, sampling or examining related to any activity that

(a) is directed towards the discovery or development of oil , natural gas, coal, metall ic or non-metall ic minerals, precious stones, other natural resources or water, or the investigation of surface or sub-surface geological conditions, and (b) requires the professional application of the principles of geology, geophysics or geochemistry;15

APEGA “practice of geology” means

(i) reporting, advising, evaluating, interpreting, geological surveying, sampling or examining related to any activity

(A) that is aimed at the discovery or development of oil , natural gas, coal, metall ic or non-metall ic

minerals, precious stones, other natural resources or water or that is aimed at the investigation of geological conditions, and

(B) that requires in that reporting, advising, evaluating, interpreting, geological surveying, sampling or

examining, the professional application of the principles of the geological sciences, or

(i i) teaching geology at a university; “practice of geophysics” means

(i) reporting on, advising on, acquiring, processing, evaluating or interpreting geophysical data, or geophysical

surveying that relates to any activity (A) that is aimed at the discovery or development of oil , natural gas, coal, metall ic or non-metall ic

minerals or precious stones or other natural resources or water or that is aimed at the investigation of sub-surface conditions in the earth, and

14 Competency Profile for Professional Geoscientists at Entry to Practice (http://geoscientistscanada.ca/wp-content/uploads/2015/07/Competency-Profile-for-Professional-Geoscientistsat-Entry-to-Practice-Combined-Doc.pdf) 15 See Note 3 above

(B) that requires in that reporting, advising, evaluating, interpreting, or geophysical surveying, the professional application of the principles of the geophysical sciences, or

(i i) teaching geoscience at a university;16

APEGS “practice of professional geoscience” means the application of principles of geoscience that include, but are not l imited to, principles of geology, geophysics and geochemistry, to any act of acquiring or processing data, advising, evaluating, examining, interpreting, reporting, sampling or geoscientific surveying, that is directed toward:

(i) the discovery or development of oil , natural gas, coal, metall ic or non-metall ic minerals, precious stones, water or other natural resources; or (i i) the investigation of surface or sub-surface geological conditions;17

APEGM “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 l ife, health, property, economic interests, the public interest or the environment; («exercice de la profession de géoscientifique»)18 Engineers and Geoscientists New Brunswick (APEGNB) “practice of professional geoscience” means reporting, advising, evaluating, interpreting, processing, geoscientific surveying, exploring, classifying reserves or examining related to any activity (a) that relates to the earth sciences or the environment;

(b) that is aimed at the discovery or development of oil , natural gas, coal, metall ic or non-metall ic minerals, precious stones, or other natural resources or water or that is aimed at the investigation of surface or subsurface conditions of the earth; and

(c) that requires, in that reporting, advising, evaluating, interpreting, processing, geoscientific surveying, exploring, classifying reserves or examining, the professional application of the principles of mathematics, chemistry, physics or biology through the application of principles of geoscience. (geoscience professionnelle)19 PEGNL “practice of geoscience”

16 See Note 4 above, ss. 1(r) and (w) 17 See Note 5 above, s. 1(n) 18 See Note 6 above 19 See Note 9 above

means reporting on, advising on, evaluating, interpreting, processing, geological and geophysical surveying, exploring, classifying reserves or examining activities related to the earth sciences or engineering-geology

(i) that is aimed at the discovery or development of oil , natural gas, coal, metall ic or non metall ic minerals or precious stones, water or other natural resources or that is aimed at the investigation of geoscientific conditions, and

(i i) that requires in the reporting, advising, evaluating, interpreting, processing, geoscientific surveying, exploring, reserve classifying or examining the professional application of mathematics, chemistry or physics through the application of the principles of geoscience,

and includes providing educational instruction on the matters contained in this paragraph to a student at an educational institution;20 NAPEG “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 those acts, that requires the application of the principles of geology, geophysics or geochemistry; (profession de géoscientifique)21

20 See Note 12 above, s.2(i) 21 See Note 14 above

3. ADMINISTRATION The following table provides a brief description of the structure of the administration bodies for each association. Association Administration APEGBC By Council, consists of the President, Vice-President, the immediate Past-President and 14 other

Council lors, 4 of whom are members appointed by Government. The Council must include one member of a Faculty of Applied Science, Engineering or Geoscience in British Columbia or a professional geoscientist.

APEGA By Council, consists of at least 16 members including, President, Past President, President-Elect, one Vice-President, and 3 members appointed by Government. Council shall consist of not less than 2 professional engineers and 2 professional geoscientists.

APEGS By Council, consists of President, Past President, President-Elect, one Vice-President, and elected members. Not less than 4 are to be professional engineers, not less than 2 are to be professional geoscientists, 1 member must represent members-in-training. The Government may appoint up to 2 members of the public.

APEGM By Council, consists of President, Vice-President, immediate Past-President, not fewer than 7 elected Council lors comprising both professional engineers and professional geoscientists (minimum 2 professional geoscientists), and not fewer than 2 Council lors resident within the province who are not professional engineers or professional geoscientists.

PEO By Council, consists of at least 15 members (to a maximum of 20) including, President, President-elect, Vice-President, immediate Past-President, 3 Council lors-at-large, 10 Regional Council lors and 12 members appointed by Government (5-7 P.Engs. and 3-5 Lay persons).

OIQ By Board of Directors, consists of 20 elected directors and 4 directors appointed by the Office des professions du Quebec. This includes the president and 3 vice-presidents.

APEGNB By Council, consists of at least, President, Vice-President, immediate Past-President, Engineers Canada Director, Geoscientists Canada Director, 10 district representatives, 2 geoscientists, and 2 appointed non-members.

Engineers Nova Scotia

By Council, consists of President, immediate Past-President, Vice-President and 8 other members elected by membership.

Engineers PEI By Council, consists of President, immediate Past-President, Vice-President and a minimum of 4 additional Councillors.

PEGNL By Board of Directors, consists of 12 members including a Chair, Chair-Elect, Past-Chair, and 3 directors appointed by Government.

APEY By Council, consists of President, Vice-President, the immediate Past-President, at least 3 other professional engineers or holders of l imited l icences, and 1 member of the public appointed by Government.

NAPEG By Council, President, 2 Vice-Presidents, immediate Past-President, at least 6 other members, and 2 persons appointed by Government (Lay Members).

4. ASSOCIATION OBJECTIVES Each association has a set of objectives/objects, goals and/or a vision statement. These have been summarized in the table below.

Association Objectives

APEGBC

Vision Statement Professional engineers and geoscientists creating a better future for all . Mission Statement To support and promote the engineering and geoscience professions as a trusted partner and progressive regulator that serves the public good. Objects It is the duty of the association (a) to uphold and protect the public interest respecting the practice of professional engineering and the practice of professional geoscience, (b) to exercise its powers and functions, and perform its duties, under this Act, and (c) to enforce this Act. The association has the following objects: (a) subject to subsection (1), to uphold and protect the interests of its members and l icensees; (b) to establish, maintain and enforce standards for the qualifications and practice of its members and l icensees; (c) to promote the professions of professional engineering and professional geoscience.

APEGA

Mission Statement We serve the public interest by regulating the practices of engineering and geoscience in Alberta, by providing leadership for our professions, and by upholding our members in their professional practices. Vision Statement We will be a valued agent of excellence in professional practice and an internationally respected leader of the engineering and geoscience professions.

APEGS

Objects 1. to ensure the proficiency and competency of members in the practice professional engineering or the practice of professional geoscience in order to safeguard the public; 2. to regulate the practice of professional engineering and the practice of professional geoscience by members in accordance with the Act and the Bylaws; 3. to promote and improve the proficiency and competency of members; 4. to foster the practice of professional engineering and the practice of professional geoscience by members in a manner that is in the public interest.

APEGM

Vision Statement APEGM is the leader and a facil itator of the process that ensures excellence in engineering, geoscience and applied technology for the public of Manitoba. Mission Statement To serve and protect the public interest by governing and advancing the practices of professional engineering and professional geoscience in accordance with The Engineering and Geoscientific Professions Act of Manitoba.

Association Objectives

PEO

Objects The principal object of the Association is to regulate the practice of professional engineering and to govern its members, holders of certificates of authorization, holders of temporary l icences, holders of provisional l icences and holders of l imited l icences in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected. Additional objects For the purpose of carrying out its principal object, the Association has the following additional objects: 1. To establish, maintain and develop standards of knowledge and skil l among its members. 2. To establish, maintain and develop standards of qualification and standards of practice for the practice of professional engineering. 3. To establish, maintain and develop standards of professional ethics among its members. 4. To promote public awareness of the role of the Association. 5. To perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act.

OIQ

Mission Statement The mission of the OIQ is to ensure the protection of the public by supervising the practice of the profession within the framework of its constituent laws and ensure that the profession serves the public interest. Vision Statement Its vision is to make the OIQ into an umbrella organization and a reference for professionalism and excellence in engineering. Strategic Objectives To adequately fulfi l l its mission and duties, the Ordre des ingénieurs du Québec designs and implements a wide variety of effective measures. They are intended to meet seven general strategic objectives:

• take action wherever engineering is practiced; • participate in developing the profession; • consider the basic training of engineers; • ensure that engineers maintain and develop their knowledge through continuing

education; • promote and guide the professional development of members (knowledge, know-how,

self-management); • raise the profile of the profession and promote it; • contribute to social debates by advocating in the public interest.

APEGNB

Objectives 1. Regulate the practice of engineering and geoscience and to govern these professions in accordance with this Act and the By-Laws; 2. Establish and maintain standards of knowledge and skil l among its members; 3. Establish and maintain standards of professional ethics among its members in order that the public interest may be served and protected.


Objects (a) promote and improve the proficiency of professional engineers in all matters relating to the profession of engineering;

(b) do all such matters and things as will advance and protect the interests of professional engineers in the profession of engineering;

Association Objectives (c) assure the general public of the proficiency and competency of professional engineers in the practice of engineering; (d) do all such other matters and things as may be necessary for or incidental or conducive to the welfare of professional engineers and their usefulness to the public.

Engineers PEI

Objectives a) To regulate the practice of engineering and to govern the profession in accordance with the Engineering Profession Act and its by-laws. b) To promote and improve the proficiency of Professional Engineers in all matters relating to the profession of engineering. c) To assure the general public of the proficiency and competency of Professional Engineers in the practice of engineering. d) To develop, establish and maintain standards of professional ethics for the profession. e) To promote public awareness of the role of the Association. f) To do all such other matters and things as may be necessary for or incidental or conductive to the welfare of Professional Engineers and their usefulness to the public in order that the public interest may be served and protected.

PEGNL

Mission Statement PEGNL exists so that there will be competent and ethical practice of engineering and geoscience in Newfoundland and Labrador, and to ensure public confidence, sustainability, and stewardship of the professions. Vision Statement To provide leadership to enhance quality of l ife through the application and management of engineering and geoscience.

APEY

Vision Statement The vision of APEY is to be a strong professional organization with members from diverse fields of Engineering, who recognize the unique challenges of working in a Northern Environment.

Engineers provide a vital leadership role by insisting on: high ethical standards; excellence in quality work; innovative solutions; responsible stewardship of resources; support of regulatory, educational and public advocacy activities; and a commitment to l ifelong learning.

As the profession evolves, APEY members seek to achieve professional satisfaction and fulfi l lment, while remaining responsive and relevant to the needs of society

NAPEG

Objectives To regulate the practices of professional engineering and professional geoscience and to govern the professions in accordance with these Acts and the bylaws; and

To establish and maintain standards of knowledge, skil l , care and professional ethics among its members and l icensees, in order that the interests of the public may be served and protected.

5. GENERAL INFORMATION

5.1 SCOPE OF LAW/ACT

Association Name and Scope of the Law/Act Date of Law/Act

Latest Version in Force

APEGBC Engineers and Geoscientists Act [RSBC 1996] Chapter 116 Covers all branches of engineering and geoscience

1920 2012

APEGA Engineering and Geoscience Professions Act, SA 2000 Chapter E-11 Covers all branches of engineering as well as geology and geophysics

1920 2015

APEGS The Engineering and Geoscience Professions Act, Chapter E-9.3 Covers all branches of engineering, also geology and geophysics as part of engineering

1930 2014

APEGM The Engineering and Geoscientific Professions Act, C.C.S.M Covers all branches of engineering and geoscience

1920 2013

PEO Professional Engineers Act, R.S.O. 1990, Chapter P.28 Covers all branches of engineering. No other profession

1922 2015

OIQ Engineers Act, Chapter I-9 Covers all branches of engineering except forestry. No other profession

1920 2009

APEGNB Engineering and Geoscience Professions Act, Chapter 9 Covers all branches of engineering and geoscience

2015 2015


Engineering Profession Act, Chapter 148 Covers all branches of engineering. No other profession

1920 2010

Engineers PEI Engineering Profession Act, Chapter E-8.1 Covers all branches of engineering. No other profession

1990 2009

PEGNL Engineers and Geoscientists Act, 2008, Chapter E-12.1 Covers all branches of engineering and geoscience

1952 2013

APEY Engineering Professions Act, Chapter 75 Covers all branches of engineering. No other profession

1955 2010

NAPEG Engineering and Geoscience Professions Act, S.N.W.T. 2006, c.16 Covers all branches of engineering, geology, and geophysics

2008 NWT – 2009 Nunavut - 2008

5.2 EXEMPTIONS IN THE ACT APEGBC (1) Nothing in this Act prevents a person registered as an architect under any Act relating to the

practice of architecture from practising the profession of architecture or requires him or her to be registered under this Act if his or her practice is confined to architecture.

(2) Nothing in this Act applies to a British Columbia or Canada land surveyor practising his or her profession, except that the land surveyor must not style himself or herself or hold himself or herself out as a professional engineer unless the land surveyor is registered or l icensed under this Act.

(3) This Act does not apply to a professional forester as defined in the Foresters Act as long as the professional forester does not hold himself or herself out as a professional engineer or professional geoscientist.

(4) This Act does not apply to any member of Her Majesty's Canadian forces while actually employed on duty.

(5) This Act does not affect the rights, powers or privileges of a person

(a) to do regulated work in relation to boiler, pressure vessel and refrigeration systems and equipment under the Safety Standards Act, or

(b) under the Mines Act.

(6) Subject to the bylaws made under section 10 (1) (b.2), nothing in this Act or the bylaws prevents a person from assisting in the performance of any professional service or work of the kind described in the definition of “practice of professional engineering” in section 1 (1) if a professional engineer directly supervises and assumes full responsibility for the service or work.

(7) Subject to the bylaws made under section 10 (1) (b.2), nothing in this Act or the bylaws prevents a person from assisting in the performance of any professional service or work of the kind described in the definition of “practice of professional geoscience” in section 1 (1) if a professional geoscientist directly supervises and assumes full responsibility for the service or work.

(8) Work as a contractor of work designed by a professional engineer or professional geoscientist or as a foreperson, 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 as long as they do not hold themselves out as professional engineers or professional geoscientists.22

22 See Note 3 above, s. 2

http://www.bclaws.ca/civix/document/id/complete/statreg/03019_01




http://www.bclaws.ca/civix/document/id/complete/statreg/00_96292_01

APEGA a) a person engaged in the execution or supervision of the construction, maintenance,

operation or inspection of any process, system, work, structure or building in the capacity of contractor, superintendent, foreman or inspector or in any similar capacity, when the process, system, work, structure or building has been designed by and the execution or supervision is being carried out under the supervision and control of a professional engineer or l icensee;

b) a person engaged in the practice of engineering as an engineer-in-training or engineering technologist in the course of being employed or engaged and supervised and controlled by a professional engineer, l icensee, permit holder or certificate holder;

c) a person who in accordance with an Act or regulation in respect of mines, minerals, pipelines, boilers and pressure vessels, building codes or safety codes for buildings is engaged in any undertaking or activity required under or pursuant to that Act or the regulations under that Act;

d) a person who, on the person’s own property and for the person’s sole use or the use of the person’s domestic establishment, carried out any work that does not involve the safety of the public;

e) a member of the Canadian Forces while actually employed on duty with the Forces; f) a person engaged or employed by a university whose practice of the profession consists

exclusively of teaching engineering at the university.23

In addition, work on the following buildings is exempted: a) a building, 3 storeys or less in height, for assembly occupancy or institutional occupancy that,

(i) in the case of a single storey building, has a gross area of 300 square metres or less, (i i) in the case of a 2 storey building, has a gross area of 150 square metres or less on each floor, or (i i i) in the case of a 3 storey building, has a gross area of 100 square metres or less on each floor;

b) a building for residential occupancy that (i) is a single family dwelling, or (i i) is a multiple family dwelling, containing 4 dwelling units or less;

c) a building, 3 storeys or less in height, for residential occupancy as a hotel, motel or similar use that, (i) in the case of a single storey building, has a gross area of 400 square metres or less, (i i) in the case of a 2 storey building, has a gross area of 200 square metres or less on each floor, or (i i i) in the case of a 3 storey building, has a gross area of 130 square metres or less on each floor;

d) a building, 3 storeys or less in height, for warehouse, business and personal services occupancy, for mercantile occupancy or for industrial occupancy that (i) in the case of a single storey building, has a gross area of 500 square metres or less, (i i) in the case of a 2 storey building, has a gross area of 250 square metres or less on each floor, or (i i i) in the case of a 3 storey building, has a gross area of 165 square metres or less on each floor;

e) a building that is a farm building not for public use; f) a relocatable industrial camp building.

23 See Note 4 above, s. 2(4)

APEGS a. a person from engaging in the execution or supervision of the construction, maintenance,

operation or inspection of any process, system, work, structure or building in the capacity of contractor, superintendent, foreman or inspector, or in any similar capacity, when the process, system, work, structure or building is designed by, and the execution or supervision is carried out under, the direct supervision and control of a professional engineer;

b. a person from engaging in the execution or supervision of the construction, maintenance, operation or inspection of any geological investigation, study, work or instrumentation in the capacity of contractor, superintendent, foreman or inspector, or in any similar capacity, when the investigation, study, work or instrumentation is designed by, and the execution or supervision is carried out under, the direct supervision and control of a professional geoscientist;

c. a person from working under the general supervision of a professional engineer or professional geoscientist;

d. an individual from working on property or premises owned or occupied by that person, if the work is for the sole use of the domestic establishment of that person;

e. a member of the Canadian Forces performing his or her duties in the Forces; f. an architect within the meaning of The Architects Act; g. an agrologist within the meaning of The Agrologists Act, 1994; h. a Saskatchewan Land Surveyor within the meaning of The Land Surveyors and Professional

Surveyors Act or a Canada Lands Surveyor; i. a planner within the meaning of The Community Planning Profession Act; j. a person from practising his or her profession, trade or call ing; k. a prospector from engaging in activities that are normally associated with the business of

prospecting, regardless of whether the prospector is prospecting on his or her own behalf or for others;

l. a person from designing, constructing or installing appliances, works or plants of a total value not exceeding $30,000;

m. a person from practising as an applied science technologist or a certified technician within the meaning of The Saskatchewan Applied Science Technologists and Technicians Act.24

24 See Note 5 above, s. 28(i)

APEGM (a) the performance of professional engineering work by a natural person who is employed or

engaged under the immediate and direct personal supervision and guidance of a professional engineer who assumes all responsibil ity for the work;

(b) the performance of professional engineering work by an engineer-in-training who is enrolled in a program of training authorized under this Act or the by-laws;

(c) the performance of professional geoscience work by a natural person who is employed or engaged under the immediate and direct personal supervision and guidance of a professional geoscientist who assumes all responsibil ity for the work;

(d) the performance of professional geoscience work by a geoscientist-in-training who is enrolled in a program of training authorized under this Act or the by-laws;

(e) a person employed in actual service in the Canadian Armed Forces from practising professional engineering or professional geoscience where required as part of such employment;

(f) a person registered as a land surveyor under The Land Surveyors Act from practising as a land surveyor or engaging in the practice of surveying;

(g) a person who is certified under The Certified Applied Science Technologists Act in an engineering discipline, from engaging in an act that constitutes the occupation of applied science technology;

(h) a prospector from engaging in activities that are normally associated with the business of prospecting, regardless of whether the prospector is prospecting on his or her own behalf or for others;

(i) a natural person from carrying on engineering or geoscientific work on his or her own property for the sole use of himself or herself and his or her personal residence if the safeguarding of l ife, health, or the public interest is not concerned;

(j) an electrician l icensed under The Electricians' Licence Act from carrying on the trade of electrician, a power engineer to whom a certificate has been issued under The Power Engineers Act from carrying on the trade of a power engineer, or a locomotive engineer qualified as such under the Canada Transportation Act or The Provincial Railways Act from carrying on his or her occupation as a locomotive engineer, as long as the persons so qualified under those Acts confine themselves to those titles and do not engage in the practice of professional engineering;

(k) a person who is registered, l icensed or certified under or has otherwise acquired rights pursuant to any enactment of Manitoba or Canada which l icenses, governs or regulates the practice of a profession, or the carrying on of an occupation or trade from practising that profession or carrying on that occupation or trade in accordance with the provisions of such enactment; or

(l) an individual who (i) holds a recognized honours or higher degree in one of the physical, chemical, l ife,

computer or mathematical sciences, or possesses an equivalent combination of education, training and experience, or

(i i) is acting under the direct supervision and control of an individual with the qualifications described in subclause (i),

from engaging in the practice of natural science. (m) Nothing in this Act prevents a person or partnership from being the prime consultant in respect of the erection, construction, enlargement or alteration of a building.25

25 See Note 6 above, s. 66(1)

PEO (1) No person shall engage in the practice of professional engineering or hold himself, herself or itself out as engaging in the practice of professional engineering unless the person is the holder of a licence, a temporary licence, a provisional licence or a limited licence. (2) No person shall offer to the public or engage in the business of providing to the public services that are within the practice of professional engineering except under and in accordance with a certificate of authorization. Exceptions

Subsections (1) and (2) do not apply to prevent a person, (a) from doing an act that is within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of the person’s employer in the production of products by the person’s employer; (b) from doing an act that is within the practice of professional engineering where a professional engineer or limited licence holder assumes responsibility for the services within the practice of professional engineering to which the act is related; (c) from designing or providing tools and dies; (d) from doing an act that is within the practice of professional engineering but that is exempt from the application of this Act when performed or provided by a member of a class of persons prescribed by the regulations for the purpose of the exemption, if the person is a member of the class; (e) from doing an act that is exempt by the regulations from the application of this Act; (f) from using the title “engineer” or an abbreviation of that title in a manner that is authorized or required by an Act or regulation.26

OIQ a) Architects (unless engineering collaboration required);

b) Professional Technologist; c) Forest engineers must use title “Forest Engineer”; d) Land surveyor e) Urbanists, agronomists and professional chemists, bacteriologist, geologists, physicists f) Master Pipe-Mechanics and Master Electricians g) Skil led artisans or workman; h) Owner, contractor, superintendent, foreman, or inspector, under the authority of an

engineer; i) Employee working for employer, under immediate direction of an engineer.27

26 See Note 7, s. 12 27 See Note 8, s. 5


a) Member of the Canadian Armed Forces while on duty; b) while waiting decision of the Council on his application for membership or for a

l icence to practise after having fi led the credentials provided for by Sections 7 or 8; c) while applying engineering to a project on his own property for the sole use of his

domestic establishment, or elsewhere to a project of a value not exceeding five thousand dollars, where in either case that engineering in the opinion of the Council does not involve safety of other persons;

d) who holds a certificate of competency as a mine manager pursuant to the Coal Mines e) Regulation Act and is engaged in coal mining operations.28

Engineers PEI a. any person applying engineering to a project on his own property for the sole use of his

domestic establishment; b. any person applying engineering to a project to a value not exceeding the amount as

prescribed in the bylaws, where such engineering does not affect the safety of other persons; c. any person practising his profession, trade or call ing, provided that the person shall not style

or hold himself out as a professional engineer unless he is registered or l icensed under this Act;

d. any certified engineering technician or technologist from performing engineering work where a professional engineer takes responsibility for the application of the technology29

PEGNL a) the performance of engineering work by persons who are not professional engineers where a professional engineer is responsible for the maintenance of engineering standards in the performance of the work;

b) a person engaging in testing, inspecting and reporting, where the specifications and standards involved have been prepared or approved by a professional engineer;

c) a person designing special production machinery, equipment or tools and dies for the use of his or her employer's facil ities;

d) a person engaging in the repair, maintenance or operation of equipment and facil ities of his or her employer;

e) an engineer-in-training, in the course of his or her being employed or supervised and directed by a professional engineer; and

f) a person who, on his or her property and for his or her sole use or the use of his or her domestic establishment, carries out work that does not involve the safety of the general public.

g) planning, designing or giving advice on the design of; preparing plans, drawings, detail drawings, specification or graphic representations for the design of; or inspecting work or assessing the performance of work under a contract for the erection, construction or alteration of or addition to a building.30

28 See Note 10, s. 10 29 See Note 11, s. 8 30 See Note 12, s. 14(3)

APEY a. A natural scientist (or someone working under a natural scientist’s supervision) b. an individual engaged in the execution or supervision of the construction, maintenance,

operation, or inspection, of any process, system, work, structure, or building in the capacity of contractor, superintendent, foreman, or inspector, or in any similar capacity, when the process, system, work, structure, or building has been designed by and the execution or supervision is being carried out under the supervision and control of a professional engineer;

c. an individual whose work is controlled and verified by a professional engineer or permit holder;

d. a person performing an activity or function that they are required or l icensed, appointed, or otherwise authorized, to perform under any Act of the Legislature or of Parliament;

e. a member of the Canadian Armed Forces or of a visiting force as defined in the Visiting Forces Act (Canada) while actually employed on duty with the force;

f. a person engaged in the practice of architecture who is registered as an architect under the Act of any province;

g. a surveyor as defined in the Canada Lands Surveys Act; or h. other work as defined in the Regulations. i. A person engaged in

i . designing or giving advice on the design of a structure or building, or ii . planning, advising on, or doing the construction or erection of a structure or building

or an alteration or addition to it, or iii . preparing plans, drawings, detail drawings, specifications, or graphic representations

for the design of or for the construction, erection, or alteration of or addition to a structure or building, or

iv. inspecting work or assessing the performance of work under a contract for the erection, construction, or alteration of an addition to a structure or building,

if the structure or building is designed and constructed, erected, altered, or added to in accordance with all building or other standards required by law to be met.31

NAPEG a. Member of the Canadian Armed Forces while on duty; b. Architects, Land Surveyors and Mine Surveyors, practising their profession. c. Engineer-in-training working under the direct supervision of a professional engineer In addition, the following work is exempted: a) Any work on an individual’s own place, or proposed place of residence; b) Assisting in execution of any work on his or her own place or proposed place of residence;32

31 See Note 13, s. 2(4) 32 See Note 14, s. 11(2)

Synopsis of Canadian Provincial and 22 Engineers Canada | Ingénieurs Canada Territorial Engineers’ Acts By-Laws and Procedures

6. INDIVIDUAL LICENSING REQUIREMENTS

Association Age Residency Requirements Citizenship Education Experience Good Character

Other

APEGBC None None Canadian citizen or permanent resident of Canada. Others can register as Non-Resident Licensee (NRL) P.Eng.

Degree in applied science, engineering or geoscience from an institute of learning approved by council or examinations of Association or equivalent.

4 years Yes

APEGA None None Canadian citizenship or Landed Immigrant status. Others can register as Foreign Licensee

Degree in Engineering, Geology or Geophysics from an accredited university or Education satisfactory to the Board of Examiners.

4 years Yes

APEGS None None

None Degree in Engineering or Geoscience from an accredited University.

4 years Yes Summary report of work experience

APEGM 18 years None Temporary License is available to non-Manitoba resident

None Degree from an accredited or “substantially equivalent” engineering program, or completion of IEEQ, or academically qualified by another engineering association or approved by the Registration Committee

4 years Yes

PEO 18 years None None Bachelor’s degree in engineering from a Canadian Engineering Accreditation board (CEAB)-accredited program, or possess equivalent qualifications)

4 years Yes

OIQ None None

None Degree in engineering or bachelor of applied sciences or an equivalent diploma from a school or university recognized by Government, or is a member of Engineering Society recognized by the Bureau.

3 years Yes

APEGNB 21 years In Canada

None Degree in engineering or geoscience from an accredited university or other academic or technical institution recognized by the Council.

4 years Yes


None None Canadian citizenship or Permanent Resident status. Others may obtain a Licence to Practice

Accredited undergraduate degree in engineering, or a degree in science from a school, college or university approved by Council, or completion of examinations.

4 years Yes

Engineers PEI None In Province Non-residents may obtain Licence to Practice

None Degree in engineering or applied science of an academic or technical institution recognized by the Council

4 years Yes

PEGNL None None

Canadian Citizen or Landed Immigrant Others may register as a Licensee

Degree in engineering or Geoscience from a university program approved by the board of Examiners

4 years Yes

APEY None None None Degree in Engineering from an accredited 4 years Yes


university or Education satisfactory to the Board of Examiners (BOE).

NAPEG None In NWT or NU Non-residents may register as a “Licensee”

Canadian Citizen, Permanent Resident or otherwise lawfully permitted to work in Canada

Degree in Engineering, Geology, or Geophysics from an accredited university Or education satisfactory to the Board of Examiners

4 years Yes Essay on northern practice


7. PROVISIONAL / TEMPORARY / RESTRICTED LICENCES Some of the associations have provisional, temporary, l imited and/or restricted l icences. The l icences are defined as follows: Provisional Licence - Meets all the P.Eng. requirements except one year “equivalent to Canadian” experience. Temporary Licence - Same as P.Eng. except only l icensed for a specified period of time or project. Limited Licence – May independently carry out l imited and defined functions, normally within the practice of professional engineering

Association Provisional Duration Temporary Duration Limited Duration APEGBC Yes 1 year, non-renewable No33 Yes 1 year, renewable

APEGA Yes 1 year, renewable annually to a maximum of 4 years

No No34

APEGS No Yes 35 1 year, renewable No

APEGM Yes 1 year, renewable three times 36 Yes 37 1 year, renewable No

PEO Yes 1 year, renewable once Yes 38 1 year Yes 1 year, renewable

OIQ No Yes 39 1 year, renewable three times Yes 40 1 year, renewable

APEGNB No No No


No No No

Engineers PEI Yes 41 1 year, renewable once No No

PEGNL No 1 year No Yes 1 year, renewable

APEY No No Yes 1 year, renewable

NAPEG No No No

33 Although there is no “temporary licence”, the non-resident of Canada licence and limited licence are temporary, expire annually, and are renewable 34 APEGA grants licences to Registered Professional Technologists (RPTs) which is similar, but not the same as a Limited Licence 35 Available to PEs from Texas and/or with Cedulas from Mexico 36 Provisional license holders who do not obtain the one year of Canadian work experience within 48 months will automatically revert to members-in-training 37 Available to PEs 38 Non-Canadian residents require a collaborator 39 Temporary permit are available without meeting the French requirement (renewable 3 times by the Office de la langue française (OFL) 40 Limited licences are granted on a project-by-project basis and are limited to the services specified in the licence 41 Provisional licensure requires a collaborator


8. CORPORATE LICENSURE REQUIREMENTS

Association Corporate Licence?

Name Duration Required For Temporary Version?

APEGBC No APEGA Yes Permit to

Practice One Year Partnerships, corporations and other

such entities which practice engineering, geology and geophysics

No

APEGS Yes Certificate of Authorization

Calendar Year

If company (partnership, association of persons, or corporation) is providing professional engineering or geoscience services in Saskatchewan

Yes

APEGM Yes Certificate of Authorization

1 Year Any corporation, partnership or other legal entity which contracts to, or otherwise engages in the provision of services which constitute the practice of professional engineering or practice of geoscience, directly or indirectly

No

PEO Yes Certificate of Authorization

1 year To allow individuals and business entities to offer and provide professional engineering services to the public

No

OIQ No APEGNB Yes Certificate of

Authorization Calendar Year

Offering and providing professional services to the public

No


Yes Certificate of Compliance

Calendar Year

Offering engineering services to the public

Yes

Engineers PEI Yes Certificate of Authorization

Calendar Year

Any partnership, association of persons or corporation which engages in the practice of professional engineering as one of its principal functions.

No

PEGNL Yes Permit to Practice

Calendar Year

Offering and providing professional services to the public.

No

APEY Yes Permit to Practice

Calendar Year

Partnership, corporation, firm or association of persons that wishes to practice in its own name. Includes sole practitioner.

No

NAPEG Yes Permit to Practice

Calendar Year

Partnerships, corporations and other such entities which practice engineering, geology and geophysics

No


9. APPLICATION PROCESS (General process, individual cases may vary)

APE

GBC

APE

GA

APE

GS

APE

GM

PEO

OIQ

APE

GN

B

Engi

neer

s N

ova

Scot

ia

Engi

neer

s PEI

PEG

NL

APE

Y

NA

PEG

Process

Applicant submit applications Requirement to apply as an engineer-in-training first?

Association reviews academic qualifications Association reviews work experience Applicants writes technical examinations (if assigned) Experience review / interview to waive exams (if assigned) Applicants attends Law & Ethics Seminar optional Applicant writes and passes the Professional Practice Exam Applicant completes language test (if required) Language Requirement (E=English, F=French) E E E E E F E or F E E E E E Final review and approval of application Required Documentation Application Form Academic transcripts (certified or original) Work Experience Reports Proof of Citizenship / Immigration Status References / Evidence of Good Character Legal Name / Name change (marriage) (if applicable) Field of study info: course descriptions, thesis, syllabus Recent Photograph / Photo identification Report / Essay Field of Practice Declaration Additional discipline-specific requirements


10. EXAMINATIONS SOURCE There are two examination programs: the Professional Practice Examination (PPE), and the Technical Examinations. Some associations administer their own program; others use the services of another association. In addition, there are common examination programs for the PPE and the technical examinations. These are based upon national syllabi and guidelines. The National PPE (NPPE) program is administered by APEGA. The National Technical Examination (NTE) program is administered by PEO.

Association Professional Practice Examination

National Technical Examination

APEGBC NPPE NTE

APEGA NPPE APEGA

APEGS APEGS NTE

APEGM NPPE42 NTE

PEO PEO NTE

OIQ OIQ OIQ

APEGNB NPPE NTE

Engineers Nova Scotia NPPE NTE

Engineers PEI NPPE NTE

PEGNL NPPE NTE

APEY NPPE APEGA

NAPEG NPPE APEGA

42 APEGM also uses an open-book Professional Practice Test (PPT) that must be completed by all those applying as members-in-training


11. CONTINUING COMPETENCE & PROFESSIONAL DEVELOPMENT

Province Name of Program Status Voluntary? Comments APEGBC Practice Review

Continuing Professional Development

Operational Operational

Mandatory Voluntary

Random selection from practice areas and disciplines prioritized by APEGBC Council. 240 hours over 3 year roll ing total.

APEGA Continuing Professional Development (CPD) Practice Review

Operational Operational

Mandatory Mandatory

Exemption for members submitting written “non-practicing” declarations. Annual reporting of number of professional development hours required. Cancellation of registration for failure to provide detailed CPD records on request. 240 CPD hours over 3 categories over 3 years; 80 CPD hours recommended per year. Permit holders (firms) and individuals randomly selected for review. Power of Practice Review Board to make orders is similar to Discipline Committee’s.

APEGS Continuing Professional Excellence (CPE)

Operational Mandatory 240 credits on a 3 year roll ing basis from 3 of 6 categories. 80 credits per year recommended.

APEGM Continuing Professional Development Program (ProDev)

Operational Mandatory Requires CPD hours reporting on ProDev, with a minimum of 240 hours over a 3 year roll ing basis. CPD must be from 3 of 6 categories, where each category has a maximum allowable credit.

PEO In development Regulations for a continuing professional development program currently being considered at “task force” stage.

OIQ Formation Continue Operational

Mandatory

30 hours over a 2 year period. The “Guide de développement des comptétences” is now available on the website of the OIQ.

APEGNB Continued Competency Assurance Program

Operational

Mandatory

Mandatory participation, all members are required to keep documents of proof, but only need to submit them upon request. 240 hours over a roll ing 3 year basis from 3 of 6 categories.


Professional Development Program

Operational

Mandatory Members are required to certify their compliance with the CPD program and that they will practise only in areas of competence when renewing their annual dues. Submit documents


Province Name of Program Status Voluntary? Comments only on request. 240 hours over a roll ing 3 year basis from 3 of 6 categories. Life Members and Retired Non-Practising Members are exempt from the program.

Engineers PEI

Professional Development Program

Operational Mandatory 240 hours over a roll ing 3 years, with a minimum of 60 hours a year. Reporting is mandatory. Non-practising are exempt from the program, however, they give up the right to practise.

PEGNL Professional Development Program

Operational

Mandatory Non-practising are exempt from the program,however, they give up the right to practise. Mandatory annual reporring with annual audits. 240 hours over a roll ing 3 years. Non practicing members have a minimum of 20 hours to keep their status.

APEY Continuing Professional Development Program

Operational Mandatory Reporting

240 CPD hours on a roll ing 3 year basis is encouraged (but not mandatory). There are 6 categories to choose from.

NAPEG Professional Development Operational Voluntary 240 CPD hours on a roll ing 3 year basis is encouraged (but not mandatory). There are 6 categories to choose from.


12. ENFORCEMENT

Association Title Protected

On person? Corporation?

Availability of Injunction Maximum Penalty 43

Statute of Limitations

APEGBC professional engineer or professional geoscientist, any word, name, title or designation mentioned in the definition of "practice of professional engineering" or "practice of professional geoscience", or any combination or abbreviation of them, any other word, name, title, designation, descriptive term or s tatement implying a professional engineer or professional geoscientist or entitlement to engage in, or is engaged in, the practice of professional engineering or professional geoscience.

Yes -Yes Where i t appears that any person is acting or i s likely to act in contravention of Act or the bylaws, the association may apply to the court for an injunction enjoining any person from doing any act or thing that contravenes Act or the bylaws, notwithstanding that a penalty may be provided by Act with respect to that contravention.

$25,000 Two years .

APEGA Professional Geoscientist, P. Geo., Geoscientist, Engineer, Professional Engineer, P.Eng, or abbreviation in combination with another word or ti tle; for companies: “engineer” or “geoscientist” in combination with any other word, ti tle, symbol or abbreviation implying that individual, corporation, partnership or other entity is a professional engineer/geoscientist, l i censee or permit holder.

Yes -Yes The Court, on application by the Council, may grant an injunction enjoining any person from doing any act or thing that contravenes this Part, notwithstanding any penalty that may be provided by the Act or the regulations in respect of that act or thing.

$6,000 Two years .

APEGS Professional Engineer, Engineer, or Consulting Engineer, the abbreviation P.Eng., Professional Geoscientist, Geoscientist, Consulting Geoscientist or the abbreviation P.Geo. in combination with another word in a title; for companies: engineer”, “engineering”, “P.Eng.”, “consulting engineer”, “P. Geo.”, “consulting geoscientist” or “geoscience.”

Yes -Yes Where i t appears that any person is acting or i s likely to act in contravention of the Act or the bylaws, the association may apply to the court for an injunction enjoining any person from doing any act or thing that contravenes the Act or the bylaws, notwithstanding that a penalty may be provided by the Act with respect to that contravention.

$15,000 Two years .

43 Maximum monetary damages listed only. Possibility of imprisonment is also an available penalty in numerous jurisdictions.


APEGM Engineer, Consulting Engineer, Professional Engineer, Professional Geoscientist, Geoscientist, Consulting Geoscientist or any other term that may lead anyone to infer that such person is entitled to engage in the practice of professional engineering or professional geoscience

Yes-Yes The court may grant an injunction on application of association enjoining a person from violating any provision of the Act whether or not such person has been found guilty of an offence under that provision.

$20,000 Two years .

PEO “professional engineer” or “ingénieur”, “Licensed Engineering Technologist” or “technologue en ingénierie ti tulaire de permis”, “engineering intern” or “stagiaire en ingénierie”, and any abbreviations or variations of these ti tles

Yes -Yes Association may apply to Superior Court for an order di recting compliance regardless of other penalties imposed.

$25,000

Two years .

OIQ Engineer, Ingénieur, “ingénieur”, “génie”, “ingénierie”, “engineer” or “engineering”

Yes -Yes None provided for in Act. $20,000 for an individual $40,000 for a corporation

Three years.

APEGNB “Engineer”, “Professional Engineer”, “Eng.”, “P.Eng.”, “Geoscientist”, “Professional Geoscientist”, “Geo.”, or “P. Geo.” or abbreviation

Yes - Yes The Association may apply to the Court for an injunction restra ining any person from practising or attempting to practise the professions or from doing or attempting to do anything contrary to the provisions of the Act, or contrary to any by-law passed under the authority of the Act.

$50,000 Two years .


Professional Engineer, or any abbreviation; for corporation any terms implying i t is qualified or entitled to undertake or carry out the application of engineering

Yes-Yes None provided for in Act. $500 for an individual $1,000 for a corporation

Two years .

Engineers PEI Professional engineer or any abbreviation of such ti tle or any name, word, description or des ignation that may lead any person to believe that the person is a professional engineer; for companies, any name, ti tle, description or designation that may lead any person to believe that such partnership, association of persons, or corporation i s qualified or enti tled to undertake or carry out the application of engineering.

Yes -Yes The Association may apply an injunction restra ining any person or corporation from practising or attempting to practise professional engineering, or from doing or attempting to do anything contrary to the provisions of the Act, or contrary to any bylaw passed under the authority of this Act

$10,000 Two years .

PEGNL Professional engineer or abbreviation P.Eng., Professional geoscientist, P.Geo.; "engineer or engineering" in combination with a name, title, description, letter, symbol or abbreviation, except a

Yes -Yes None provided for in Act. $10,000 for an individual $100,000 for a corporation

Two years .


registered engineering geologist, that represents expressly or by implication that he or she is a professional engineer or permit holder; "geoscientist" in combination with a name, title, description, letter, symbol or abbreviation that represents expressly or by implication that he or she is a professional geoscientist or permit holder

APEY “professional engineer”, “P. Eng.”, or any other abbreviation of that ti tle, or the word “engineer” or any derivative in combination with any other name, title, description, letter, symbol, or abbreviation

Yes -Yes The Supreme Court, on application by the Council, may grant an injunction enjoining any person from doing any act that contravenes the Ac.

$10,000 plus costs of hearing

Two years .

NAPEG "professional engineer", "ingénieur", "professional geoscientist", "géoscientifique" or any variation or abbreviation of those titles; "engineer", "ingénieur", "geoscientist" or "géoscientifique" appears, or use any variation or abbreviation of those names, ti tles, designations or description that implies that individual i s a professional engineer or professional geoscientist

Yes -Yes The Court may, on the application of the Association, grant an injunction restraining a person who contravenes title protection provisions section from further contravention of that subsection.

$10,000 Two years .


13. ENGINEERING SEALS / STAMPS

Association Required Electronic Seals Accepted

Seals Affixed, Signed and Dated required on

Yes No Yes No APEGBC Estimates, specifications, reports, documents, plans

or things prepared and delivered by the member APEGA All final plans, specifications, records, reports or

documents. APEGS All final drawings, specifications, plans, reports, and

other documents. APEGM Every engineering or geoscientific estimate,

specification, report, working drawing, plan and other engineering document.

PEO Plans, detail drawings, specification, other documents and services offered to the public

OIQ (1) Plans and specifications. All documents need authentication.

APEGNB (2) Final drawings, specifications, plans, reports & others documents.


All official documents and plans.

Engineers PEI (3) All final drawings, specifications, plans, reports or other documents involving the practice of professional engineering.

PEGNL Final drawings, specifications, plans, reports & others documents. All documents or records.

APEY Plans, drawings, detail drawing, specification or other document.

NAPEG Plans, designs, specifications, reports and other similar documents.

(1) Only permitted using the Notarius system. (2) As per “Guideline for Use of Professional Seal” (3) Currently considering regulation of electronic seals


14. PROFESSIONAL LIABILITY INSURANCE

Does legislation require that corporations have Professional Liability Insurance?

Does legislation require that consultants divulge to their clients whether they have Professional Liability Insurance or not?

APEGBC No, but we don't l icense or register corporations.

Our Act does not, but we have a bylaw that does: Association By-law 17(a): Before entering into an agreement to provide professional engineering or professional geoscience services to the public, a member, l icensee or certificate holder must notify the client, in writing, whether or not professional l iability insurance is held and whether that insurance is applicable to the services in question. The note shall include a provision for an acknowledgement of the advice to be signed by the client.

APEGA No. No. APEGS No. Yes, prior to providing professional engineering or professional geosciences services, a member or holder of a

certificate of authorization shall notify in writing, whether or not the member or holder has professional l iability insurance that applies to those services.

APEGM Yes, for those who hold a Certificate of Authorization.

In establishing the amounts, terms and conditions of the professional l iability insurance, or alternatives thereto, required of the holder of a Certificate of Authorization under s. 16 (2) of the Act, the Council shall provide for terms, exclusions and conditions consistent with normal insurance industry practice. The holder of the certificate of authorization shall notify the registrar in writing, and shall inform each current client within 10 days of the receipt of any notice of amendment to, or cancellation of, the policy of insurance upon which the certificate of insurance provided with the application for the certificate of authorization was issued. By-law 14.2: Each professional member before undertaking to provide professional services to a client shall either: a) have professional l iability insurance coverage through a policy held by the member, or his or her employer; or b) shall notify the client that he or she does not have professional l iability coverage. If not so insured, he or she shall receive from each client written authority to provide those services without insurance. If so insured, the professional member shall within ten days inform each current client of any change in insured status or coverage, or of written notice of change by the insurer.

PEO No. S. 12 (2) of the Act: No person shall offer to the public or engage in the business of providing to the public services that are within the practice of professional engineering except under and in accordance with a certificate of authorization. S. 34 of the Act: It is a condition of every certificate of authorization that the holder of the certificate shall not offer or provide to the public services that are within the practice of professional engineering unless the holder is insured in respect of professional l iabil ity in accordance with the regulations.




OIQ Yes The regulations make it an obligation of the individual professional engineer that is consulting to be insured. If the individual cannot be insured, then he must divulge it to his cl ients. They inform each person to whom they render professional services contemplated by this section, including their employer, that they do not hold a contract of insurance in accordance with s. 8 and s. 9 of the Act.

APEGNB Yes. Bylaw 11.6.1: Subject to bylaw 11.6.2, every member, l icensee, or holder of a certificate of authorization who offers or provides to the public, services that are within the practice of engineering or geoscience shall maintain in full force and effect at all times a policy of insurance to protect against claims resulting from errors or omissions of the practitioner. Such insurance shall be in an amount appropriate to the risk of the practice and not less than $250,000 per claim and $500,000 aggregate and shall be maintained for a period of at least three (3) years following cessation of practice of the member, l icensee, or holder of a certificate of authorization. Council may amend the minimum amounts above at a regular meeting of Council held prior to June 30 of any year to take effect on January 1 in the following year. A member, l icensee, or holder of a certificate of authorization who is unable to obtain professional l iabil ity (errors or omissions) insurance because of the nature of the practice, may be exempted by Council from the requirement in bylaw 11.6.1 by submitting each year, with fees and renewal request, a statement sworn in front of a notary public or a commissioner of oaths stating reasons why insurance cannot be obtained. Council may grant an exemption in cases where insurance is not obtainable due to a past claims record of the member, l icencee or holder of a certificate of authorization. A member, l icensee or holder of a certificate of authorization who is exempted by Council under this clause shall notify all cl ients or customers in writing that the member, l icensee or holder of a certificate of authorization does not carry professional l iability insurance and shall maintain a record that the clients or customers have acknowledged such in writing.


No. No.

Engineers PEI

No. No.

PEGNL Yes, but under certain conditions.

Every permit holder shall maintain in full force and effect at all times a policy of insurance to protect against claims resulting from errors or omissions of the permit holder and of professional members providing professional services to the public as an employee of or otherwise in association with the permit holder. Notwithstanding s 2.1 of the Act, professional l iability insurance coverage is not required to be maintained by a permit holder if all of the following circumstances exist: the permit holder provides professional services exclusively




to one or more firms, partnerships, corporations, or other entities which are identified by the permit holder to the registrar, hereinafter referred to as the “identified client or cl ients”; the professional services provided to the identified client or cl ients are covered by a policy of insurance maintained by the identified client or cl ients; and the permit holder provides evidence satisfactory to the registrar that the coverage provided pursuant to subsection 2.3 (b) is equivalent to the coverage contemplated by s. 2.1. Notwithstanding s. 2.1, professional l iabil ity insurance coverage is not required to be maintained by a permit holder if an ancil lary, but not primary, function of the permit holder is to provide professional services directly to the public; the professional services provided to the public are covered by a policy of insurance maintained by the permit holder; and the permit holder provides evidence satisfactory to the registrar that the coverage provided pursuant to subsection 2.4(b) is equivalent to the coverage contemplated by s. 2.1. A permit holder who is unable to obtain professional l iability (errors or omissions) insurance because of the nature of the professional services provided, where the board is satisfied that such inabil ity is of general application to those professional services and is not due to the past claims record or any other issue particular to the permit holder, may be exempted in whole or in part from the requirements of s. 2.1. A permit holder who is exempted by the board under this section shall notify all cl ients or customers in writing of the particulars of the exemption and shall maintain a record that the clients or customers have acknowledged such notice in writing, which record is to be made available to the registrar upon request. The board may also, as a condition for such exemption, require that particulars of the exemption be published in such manner as the board deems fit, including by posting on the PEGNL website. A permit holder claiming to be covered under a policy of insurance as contemplated by s. 2.3 or 2.4, or who has been partially or wholly exempted from the requirements of s. 2.1 as contemplated by s. 2.5, may be required to provide such evidence of such coverage or to support the exemption as may be required by the registrar or the board from time to time. Without l imiting the foregoing, a permit holder who is granted an exemption under s. 2.5 may be required to apply annually for renewal of that exemption, and provide on such application for renewal such further or updated evidence and declarations to support the exemption as may be required by the registrar or the board.

APEY No. No. NAPEG No. No.


Documents

SYNOPSIS OF CANADIAN ENGINEERING ACTS BY -LAWS · PDF fileSYNOPSIS OF CANADIAN ENGINEERING ACTS BY -LAWS ... Practice Of Professional Engineering ... by or under this Act for the admission