Geologists Act


Published: 2015-11-01

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chapter G-1.01

Geologists Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 363-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1873.

DIVISION I 
ORDRE PROFESSIONNEL DES GÉOLOGUES

Professional order.

1. All the persons qualified to practise the profession of geologist in Québec constitute a professional order called the “Ordre professionnel des géologues du Québec” or “Ordre des géologues du Québec”.

2001, c. 12, s. 1.

Professional Code.

2. Subject to the provisions of this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

2001, c. 12, s. 2.

DIVISION II 
BOARD OF DIRECTORS
2008, c. 11, s. 212.

Governing board of directors.

3. The Order shall be governed by a board of directors constituted as prescribed in the Professional Code (chapter C-26).

2001, c. 12, s. 3; 2008, c. 11, s. 212.

Seal.

4. The board of directors shall, in addition to the regulations it is required to make under the Professional Code (chapter C-26), fix the terms and conditions relating to the seal of the Order, in particular its form and content, and the conditions and obligations attached to the use of the seal.

Provisions applicable.

Section 95.2 of the Professional Code applies to the regulation.

2001, c. 12, s. 4; 2008, c. 11, s. 182, s. 212.

DIVISION III 
PRACTICE OF THE PROFESSION

Practice of geologist.

5. The practice of the profession of geologist includes such scientific activities as identifying, observing, characterizing, interpreting or modeling geological phenomena, including geophysical and hydrogeological phenomena.

2001, c. 12, s. 5.

Restriction.

6. Only a geologist may, within the framework of an activity referred to in section 5, give professional advice or an opinion or make a report in relation to mining, petroleum or gas resource exploration, development, operation or project assessment activities.

Rights and privileges.

Nothing in this section shall affect

 (1) the rights and privileges granted by law to other professionals ;

 (2) acts that may be engaged in by a person in accordance with a regulation under paragraph h of section 94 of the Professional Code (chapter C-26).

2001, c. 12, s. 6.

Attestation of opinion or report.

7. A geologist must attest, authenticate by affixing his or her seal, certify or sign any opinion or report relating to an act referred to in the first paragraph of section 6 which was prepared by the geologist or under his or her immediate supervision.

2001, c. 12, s. 7.

Practice under other name.

8. No geologist may practise his or her profession under a name other than his or her own name.

Firm name.

Nevertheless, geologists are allowed to practise their profession under a firm name which may be the name of one, several or all of the partners. The firm name may also include the name of any partner who has ceased to practise, for a period not exceeding three years from the date on which the partner ceased to practise, provided the name of the partner was included in the firm name at the time the partner ceased to practise.

2001, c. 12, s. 8.

Designation.

9. In the practice of the profession of geologist, no geologist may designate himself or herself otherwise than as a geologist.

2001, c. 12, s. 9.

DIVISION IV 
ILLEGAL PRACTICE OF THE PROFESSION

Offence and penalty.

10. Every person who contravenes the first paragraph of section 6 or who, without being a member in good standing of the Order, attests, authenticates by affixing a seal, certifies or signs an opinion or a report relating to an act referred to in the first paragraph of section 6 is guilty of an offence and is liable to the fine prescribed in section 188 of the Professional Code (chapter C-26).

2001, c. 12, s. 10.

Applicability.

11. The first paragraph of section 6 and sections 7 and 9 do not apply to members of the Ordre des ingénieurs du Québec.

2001, c. 12, s. 11.

DIVISION V 
AMENDING PROVISIONS

PROFESSIONAL CODE

12. (Amendment integrated into c. C-26, s. 31).

2001, c. 12, s. 12.

13. (Amendment integrated into c. C-26, s. 32).

2001, c. 12, s. 13.

14. (Amendment integrated into c. C-26, Schedule I).

2001, c. 12, s. 14.

MINING ACT

15. (Amendment integrated into c. M-13.1, s. 101).

2001, c. 12, s. 15.

16. (Amendment integrated into c. M-13.1, s. 226).

2001, c. 12, s. 16.

17. (Amendment integrated into c. M-13.1, s. 306).

2001, c. 12, s. 17.

DIVISION VI 
TRANSITIONAL AND FINAL PROVISIONS

Composition of first Bureau.

18. Notwithstanding section 3 of this Act, the first Bureau shall be composed of the following persons :

 (1) six directors appointed by the Office des professions du Québec and chosen from among the persons who, on 22 August 2001, are directors of the Association professionnelle des géologues et des géophysiciens du Québec ; they are deemed to be elected directors ;

 (2) two directors appointed by the Office des professions du Québec, in accordance with the first paragraph of section 78 of the Professional Code (chapter C-26) ;

 (3) a president elected by secret ballot by the directors referred to in subparagraph 1 and chosen from among their number.

Continuance in office.

The president and the directors referred to in subparagraph 1 of the first paragraph shall remain in office until the first election of the members of the Bureau held in accordance with the provisions of the Professional Code.

2001, c. 12, s. 18.

Single region.

19. For the purposes of section 75 of the Professional Code (chapter C-26), the territory of Québec constitutes a single region until the date of coming into force of a regulation made pursuant to section 65 of the Code.

2001, c. 12, s. 19.

Permit.

20. A person who, on 22 August 2001, is a regular member of the Association professionnelle des géologues et des géophysiciens du Québec is deemed to be qualified to practise the profession of geologist and shall be issued a permit by the Bureau to practise the profession of geologist.

Permit.

A person who, on 22 August 2001, is not a regular member of the Association must, to obtain a permit to practise the profession of geologist, satisfy the membership requirements of the Association in effect on 8 December 2000 until they are replaced by a regulation, made in accordance with the provisions of the Professional Code (chapter C-26), determining the diplomas and, if applicable, any other qualifications giving access to a permit.

2001, c. 12, s. 20.

First assessment.

21. Notwithstanding section 86 of the Professional Code (chapter C-26), the first resolution passed by the Bureau for the purpose of fixing the first annual assessment need not, to come into force, be approved by a majority of the members of the Order, and may take into account the sums already paid as membership dues to the Association professionnelle des géologues et des géophysiciens du Québec.

2001, c. 12, s. 21.

Rules applicable to members.

22. The Bureau shall apply, in respect of the members of the Order, the rules applicable to the members of the Association professionnelle des géologues et des géophysiciens du Québec in force on 8 December 2000 until the effective date of a regulation concerning the same subject made in accordance with the provisions of the Professional Code (chapter C-26). However, the rules must be compatible with the provisions of the Professional Code and the regulations made thereunder.

2001, c. 12, s. 22.

Head office.

23. Until the coming into force of a regulation made by the Bureau for the purposes of paragraph f of section 93 of the Professional Code (chapter C-26), the head office of the Order shall be situated in the territory of Ville de Montréal.

2001, c. 12, s. 23.

Special authorization.

24. A person legally authorized to practise outside Québec the same profession as the members of the Ordre des géologues is deemed to hold a special authorization to practise that profession in Québec for a period of 12 months from 22 August 2001.

Renewal of authorization.

The authorization may be renewed in accordance with the Professional Code (chapter C-26).

2001, c. 12, s. 24; 2008, c. 11, s. 183.

25. (Omitted).

2001, c. 12, s. 25.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 12 of the statutes of 2001, in force on 1 April 2002, is repealed, except section 25, effective from the coming into force of chapter G-1.01 of the Revised Statutes.

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