ENGINEERS AND GEOSCIENTISTS ACT, Consolidation of


Published: 2008-07-28

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S.Nu. 2008,c.2

CONSOLIDATION OF ENGINEERS AND GEOSCIENTISTS ACT S.Nu. 2008,c.2

In force May 1, 2008: SI-004-2008

(Current to: July 28, 2008)

The following provisions have been deleted for the purposes of this consolidation: s.11 (Consequential Amendments) AS AMENDED BY: This consolidation is not an official statement of the law. It is an office consolidation prepared for convenience only. The authoritative text of statutes can be ascertained from the Revised Statutes of the Northwest Territories, 1988 and the Annual Volumes of the Statutes of the Northwest Territories (for statutes passed before April 1, 1999) and the Statutes of Nunavut (for statutes passed on or after April 1, 1999). A copy of a statute of Nunavut can be obtained from the Territorial Printer at the address below. The Annual Volumes of the Statutes of Nunavut and this consolidation are also available online at http://www.justice.gov.nu.ca/english/legislation.html but are not official statements of the law. Any certified Bills not yet included in the Annual Volumes of the Statutes of Nunavut can be obtained through the Office of the Clerk of the Legislative Assembly.

Territorial Printer Legislation Division Department of Justice Government of Nunavut Tel.: (867) 975-6305 P.O. Box 1000, Station 550 Fax: (867) 975-6189 Iqaluit, NU X0A 0H0 Email: Territorial.Printer@gov.nu.ca

S.Nu. 2008,c.2

GLOSSARY OF TERMS USED IN CONSOLIDATIONS

Miscellaneous

c. means "chapter". CIF means "comes into force". NIF means "not in force". s. means "section" or "sections", "subsection" or "subsections", "paragraph" or

"paragraphs". Sch. means "schedule". SI-005-98 means the instrument registered as SI-005-98 in 1998. (Note: This is a Northwest

Territories statutory instrument if it is made before April 1, 1999, and a Nunavut statutory instrument if it is made on or after April 1, 1999 and before January 1, 2000.)

SI-012-2003 means the instrument registered as SI-012-2003 in 2003. (Note: This is a Nunavut

statutory instrument made on or after January 1, 2000.)

Citation of Acts

R.S.N.W.T. 1988,c.D-22 means Chapter D-22 of the Revised Statutes of the Northwest

Territories, 1988. R.S.N.W.T. 1988,c.10(Supp.) means Chapter 10 of the Supplement to the Revised Statutes of the

Northwest Territories, 1988. (Note: The Supplement is in three volumes.)

S.N.W.T. 1996,c.26 means Chapter 26 of the 1996 Annual Volume of the Statutes of the

Northwest Territories. S.Nu. 2002,c.14 means Chapter 14 of the 2002 Annual Volume of the Statutes of

Nunavut.

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TABLE OF CONTENTS

INTERPRETATION Definitions 1 (1) Meaning of direct supervision (2)

POWERS OF ASSOCIATION Powers and functions of Association 2

PRACTICE Prohibition 3 (1) Exemption (2) Employment of professionals (3) Injunction (4) Exemption for other professionals (5) Exemption for personal work (6) Proof of practice (7) Use of title 4 (1) Alternate titles (2)

PERMITS Definition of "firm" 5 (1) Permits (2) Exemption (3)

LIABILITY

Protection from liability 6

OFFENCES AND PUNISHMENT

Offence and punishment - illegal practice 7 General offence and punishment 8 Limitation period 9

ASSETS AND LIABILITIES OF ASSOCIATION

Division of assets and liabilities 10 Deleted 11

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REPEAL

Repeal 12

COMING INTO FORCE

Coming into force 13

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ENGINEERS AND GEOSCIENTISTS ACT

INTERPRETATION Definitions 1. (1) In this Act, "Association" means the Northwest Territories Association of Professional Engineers and Geoscientists, continued under section 2 of the Engineering and Geoscience Professions Act (Northwest Territories); (Association) "licensee" means a person registered by the Association as a licensee; (titulaire de licence) "member" means a person registered by the Association as a member; (membre) "member-in-training" means a person registered by the Association as a member-in-training; (stagiaire) "permit holder" means a firm, partnership, corporation or association of persons registered as a permit holder and holding a permit issued under subsection 23(3) of the Engineering and Geoscience Professions Act (Northwest Territories); (titulaire de permis) "professional engineer" means a member or licensee qualified to practise professional engineering; (ingénieur) "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) "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) "professional geoscientist" means a member or licensee qualified to practise professional geoscience; (géoscientifique) "registrant" means a member, licensee or member-in-training; (personne inscrite) "registration" means registration as a member, licensee or member-in-training under section 16 of the Engineering and Geoscience Professions Act (Northwest Territories), or registration as a permit holder under section 23 of that Act. (inscription)

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Meaning of direct supervision (2) For the purposes of this Act, a person is deemed to be working under the

direct supervision of a professional engineer or professional geoscientist if the circumstances under which the work is done are such that the professional engineer or professional geoscientist

(a) has made the decisions on technical matters of policy and design; and

(b) has exercised his or her professional judgment in all engineering or geoscientific matters that are embodied in the plans, designs, specifications, reports or other documents in respect of which the supervision is exercised.

POWERS OF ASSOCIATION

Powers and functions of Association 2. The Association has and may exercise, in Nunavut, the same powers and functions for the regulation of the professions of professional engineering, and professional geoscience, including the discipline of registrants and permit holders in relation to conduct in Nunavut, as the Association has and may exercise in the Northwest Territories pursuant to the Engineering and Geoscience Professions Act (Northwest Territories).

PRACTICE Prohibition 3. (1) Subject to this Act, no person other than a member, licensee or permit holder shall

(a) engage in the practice of professional engineering or professional geoscience;

(b) use, orally or otherwise, the title "professional engineer", "ingénieur", "professional geoscientist", "géoscientifique" or any variation or abbreviation of those titles;

(c) use, orally or otherwise, any name, title, occupational designation or position description in which the term "engineer", "ingénieur", "geoscientist" or "géoscientifique" appears, or use any variation or abbreviation of those names, titles, designations or descriptions in a manner that implies that he or she (i) is a professional engineer or professional geoscientist, or (ii) is a person qualified to practice professional engineering or

professional geoscience; or (d) advertise, hold himself or herself out as, or act in such a manner as

to imply that he or she is a professional engineer or professional geoscientist or a person so qualified.

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Exemption (2) The title "engineer", "ingénieur", "geoscientist" or "géoscientifique" may be

applied to a person registered with the Association as a member-in-training when he or she works under the direct supervision of a professional engineer or professional geoscientist, as the case may be. Employment of professionals

(3) No person shall employ under a contract of service a person, other than a member, licensee or permit holder, to practice professional engineering or professional geoscience. Injunction

(4) The Nunavut Court of Justice may, on the application of the Association, grant an injunction restraining a person who contravenes subsection (1) or (3) from further contravention of that subsection. Exemption for other professionals

(5) Nothing in this section applies to (a) a person practising as an architect, if his or her practice is confined

to architecture, (b) a person who holds a commission as a Canada Lands Surveyor

under the Canada Lands Surveyors Act, if his or her practice is confined to the activities of a land surveyor,

(c) a person practising as a mine surveyor, or (d) a member of the Canadian Armed Forces while he or she is

employed on duty with the Forces, provided that he or she does not hold himself or herself out as a professional engineer or professional geoscientist. Exemption for personal work

(6) Nothing in this section prevents a person from (a) performing any act of professional engineering on his or her own

place, or proposed place, of residence; and (b) assisting in the performance of any act of professional engineering

referred to in paragraph (a). Proof of practice

(7) For the purposes of this section, proof of one act of professional engineering or professional geoscience is proof of the practice of professional engineering or professional geoscience, as the case may be.

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Use of title 4. (1) During the period of his or her registration, a member or licensee who is registered as being

(a) a professional engineer, is entitled to practice professional engineering and to use the title "professional engineer" or "ingénieur" and the abbreviation "P.Eng." or "ing."; or

(b) a professional geoscientist, is entitled to practice professional geoscience and to use the title "professional geoscientist" or "géoscientifique" and the abbreviation "P.Geo." or "géo.".

Alternate titles

(2) A professional geoscientist referred to in paragraph (1)(b) may also (a) use the title professional geologist or géologue and the

abbreviation "P.Geol." or "géol."; or (b) use the title professional geophysicist or géophysicien and the

abbreviation "P.Geoph." or "géoph.".

PERMITS Definition of "firm" 5. (1) In this section, "firm" includes a partnership, corporation or association of persons. Permits

(2) A firm may practise professional engineering or professional geoscience in the name of the firm if it is the holder of a permit issued to it under the Engineering and Geoscience Professions Act (Northwest Territories). Exemption (3) Nothing in this section prevents a firm from practising professional engineering or professional geoscience without a permit if the work

(a) is performed by an employee who is a member or licensee; (b) is used exclusively by the firm and is not used by or delivered to

another party; and (c) does not affect the safety of any person.

LIABILITY

Protection from liability 6. No action lies against a council member, a member of the Discipline Committee, 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 the bylaws of the Association.

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OFFENCES AND PUNISHMENT Offence and punishment - illegal practice 7. Every person who contravenes section 3 is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000. General offence and punishment 8. Every 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 $5,000. Limitation period 9. A prosecution under this Act may not be commenced more than two years after the day the offence is alleged to have been committed.

ASSETS AND LIABILITIES OF ASSOCIATION Division of assets and liabilities 10. The assets and liabilities of the Association shall be divided in the circumstances and in accordance with the process established in sections 61 to 64 of the Engineering and Geoscience Professions Act (Northwest Territories).

Note

The following provisions have been deleted for the purposes of this consolidation: s.11 (Consequential Amendments)

REPEAL Repeal 12. The Engineers, Geologists and Geophysicists Act, S.N.W.T. 1998,c.38,s.5, as enacted for Nunavut by section 76.05 of the Nunavut Act, is repealed.

COMING INTO FORCE

Coming into force 13. This Act or any portion of this Act comes into force on a day or days to be fixed by order of the Commissioner.

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