Bill 18 - Engineering and Geoscience Professions Act

BILL 18

Engineering and Geoscience Professions Act

WHEREAS the Association of Professional Engineers and Geoscientists of New Brunswick prays that it be enacted as hereinafter set forth;

AND WHEREAS it is desirable, in the interest of the public to continue the Association of Professional Engineers and Geoscientists of New Brunswick as a body corporate for the purpose of advancing and maintaining the standard of professional engineering and geoscience carried on in New Brunswick, for governing and regulating members offering services as professional engineers and geoscientists and providing for the interests of the public and the professions;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

DEFINITIONS AND INTERPRETATION

1 The following definitions apply in this Act.

“Association” means the Association of Professional Engineers and Geoscientists of New Brunswick. (Association)

“Board” means the Board of Admissions of the Association. (Bureau)

“by-law” means a by-law of the Association. (règlement administratif)

“certificate of authorization” means the licensing of a partnership, association of persons or a corporation to practise the Professions. (certificat d’autorisation)

“Chief Executive Officer” means the person holding the office of Chief Executive Officer under subsection 6(1). (chef de la direction)

“complaint” under section 12 means any complaint, report, or allegation in writing and signed by the complainant regarding a respondent who is a member, a licencee, or holder of a certificate of authorization or a former member, a former licencee, or former holder of a certificate of authorization. (plainte)

“Council” means the governing body of the Association under section 5. (Conseil)

“Court” means The Court of Queen’s Bench of New Brunswick. (Cour)

“individual” under sections 13, 14, 15 and 16 means the member, licencee, or holder of a certificate of authorization who is a party to a Discipline Committee hearing. (individu)

“licencee” means a person, non-resident of New Brunswick, not eligible to be a member, licensed to practise the Professions. (licencié)

“member” means a person, resident of New Brunswick, licensed to practise the Professions and does not include a licencee or holder of a certificate of authorization. (membre)

“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 life, health, property, economic interests, the public welfare or the environment, or the managing of any such act. (ingénierie professionnelle)

“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, metallic or non-metallic 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. (géoscience professionnelle)

“Professions” means the practice of professional engineering or the practice of professional geoscience as regulated under the provisions of this Act. (professions)

“public representative” means a person who is not a member or licencee or former member or former licencee. (représentant du public)

“Register” means the register kept under subsection 11(3). (registre)

“Registrar” means the person holding the office of Registrar under subsection 6(2). (registraire)

THE ASSOCIATION

2(1) The Association, continued by the Engineering Profession Act 1986, chapter 88 of the Acts of New Brunswick, 1986, as amended by chapter 50 of the Acts of New Brunswick 1999, is hereby continued as a body corporate without share capital and, subject to this Act, has the capacity, rights, powers and privileges of a natural person.

2(2) All members shall constitute the Association which shall have perpetual succession and a common seal.

OFFICIAL LANGUAGES

3 English and French are the official languages of the Association.

OBJECTS

4 The objects of the Association are to:

(a) regulate and govern the Professions in accordance with this Act, by-laws, and rules;

(b) establish and maintain standards of knowledge and skill for the practice of the Professions; and

in order that the public interest may be served and protected.

COUNCIL

5(1) The responsibility for administration of this Act and the management of the Association shall be vested in a Council which shall consist of not less than eleven members, including a President and other officers provided for in the by-laws.

5(2) The Council shall appoint two Councillors as public representatives, in a manner consistent with the by-laws.

5(3) The number of Councillors, their respective terms of office, the manner of their appointment or election, and their respective qualifications shall be established and governed by the by-laws and such by-laws may provide for additional Councillors who are not members, alternative Councillors, for the filling of vacancies and for the appointment of additional public representatives.

OFFICERS TO COUNCIL

6(1) Council shall appoint a Chief Executive Officer of the Association.

6(2) Council shall appoint a Registrar of the Association.

6(3) The offices of Chief Executive Officer and Registrar may be held by one person at the same time.

BY-LAWS

7(1) The Association may make by-laws consistent with the provisions of this Act for:

(a) governing and regulating

(i) the admission, suspension, expulsion, removal, discipline and reinstatement of members, licencees, and holders of certificates of authorization and the conditions precedent to membership in the Association, and

(ii) the registration, licensing and renewal, suspension, cancellation, and reinstatement of registration in the Register of members, licencees and holders of certificates of authorization, including the imposition of limitations, restrictions, and conditions on members, licencees or holders of certificates of authorization;

(b) the establishment of categories of membership in the Association, including the conditions, obligations, and privileges associated with any categories of membership;

(c) levying and collecting fees from members, licencees, and holders of certificates of authorization and any penalty or consequence associated with the failure to pay such fees;

(d) the location of a head office and other offices of the Association;

(e) the notice, quorum, location, and time for the annual meeting or any other meetings of the members and the rules pertaining to methods of voting at such meetings;

(f) examination and admission of members, licencees, and holders of certificates of authorization;

(g) regulation of professional advertising;

(h) the requirements pertaining to professional liability insurance for members, licencees, and holders of certificates of authorization;

(i) issuance and use of seals by members, licencees, and holders of certificate of authorization;

(j) requirements pertaining to continuing competency for members, licencees, and holders of certificates of authorization;

(k) requirements pertaining to rules of professional conduct, professional misconduct, and a code of ethics for the practice of the Professions;

(l) the appointment of auditors; and

(m) other purposes necessary for the exercise of any of the powers conferred by this Act.

7(2) All by-laws and amendments thereto shall be ratified by a majority of Council and by two-thirds of the members, in attendance, in good standing, at any Annual Meeting or by two-thirds of the members, in attendance, in good standing, at any Special Meeting duly convened for the purpose of ratifying such amendments.

COUNCIL RULES

8(1) Council may make rules not inconsistent with the provisions of this Act or the by-laws providing for:

(a) the establishment of branches within the province and rules for the management of such branches, known as Branch By-Laws;

(b) the management of the Association and its property and affairs;

(d) the use of Association funds for scholarships and prizes for students of the Professions;

(e) agreements with similar associations and other technical societies whose aims and objectives are similar to the Association;

(f) the appointment, revocation and proceedings of meetings of all committees of Council;

(g) the custody and use of the Association seal;

(h) the execution of documents by the Association;

(i) the calling, holding, and conducting of meetings of the Council and the duties of Councillors;

(j) the Association’s fiscal year end;

(k) the establishment of an Executive Committee of Council;

(l) the fees associated with obtaining a certified copy of the record of proceedings following a Discipline Committee Hearing;

(m) the manner and proof of personal service of documents and notices required under this Act;

(n) the assessment of members, licencees, and holders of certificates of authorization for special or extraordinary expenditures that may be deemed necessary or expedient to further the objects of the Association; and

(o) the definition of any term used in this Act.

8(2) A rule made under subsection (1) is for the administrative purposes of the Association only, and is not effective until confirmed by an ordinary resolution of Council and may not be exercised inconsistent with this Act or the by-laws.

AUTHORIZED PRACTICE

9 Only persons who are members of the Association, or licencees, or holders of certificates of authorization as provided in this Act or by-laws, shall be entitled:

(a) to take and use the title or designation “Engineer”, “Professional Engineer”, “Eng.”, “P. Eng.”, “Geoscientist”, “Professional Geoscientist”, “Geo.”, or “P. Geo.”, or any addition to such title or designation or any abbreviation thereof, and, in the case of geoscientists, any similar titles or designations referring to the subdisciplines of geoscience; or

(b) to practise the Professions in or for application in New Brunswick.

DEEMED PRACTICE

10 A person is deemed to practise or offer to practise the Professions within the meaning or intent of this Act who:

(a) practises the Professions;

(b) by verbal claim, sign, advertisement, letterhead, card, or use of a title, or in any other way, represents or implies to be a professional engineer or professional geoscientist;

(d) holds out the ability to practise, or practises the Professions or performs any other service which is recognized as part of the Professions.

BOARD OF ADMISSIONS

11(1) The Council shall annually appoint a Board in accordance with the by-laws.

11(2) Every person who is approved by the Board may become a member, licencee, or holder of a certificate of authorization upon compliance with the provisions of the by-laws.

11(3) The Registrar shall enter in the Register the name of each member, licencee, or holder of a certificate of authorization entitled to practise the Professions and any certificate or licence used by the Registrar under the seal of the Association shall be prima facie evidence of registration and licensure under this Act.

11(4) Subject to the approval of Council, the Board may delegate to the Registrar or other appropriate Association staff, such functions for the approval of an application of members, licencees, and holders of certificates of authorization as it considers appropriate.

11(5) In carrying out its functions under subsection (2), the Board may determine its own procedure and policies in a manner consistent with the Act and by-laws regarding:

(a) the proofs to be furnished as to education, good character and experience;

(b) the subjects for examination and the fees to be paid on examinations and registration;

(d) such other matters as the Board considers necessary or advisable for the more effectual discharge of its functions or exercise of its powers.

11(6) Council, in consultation with the Board, shall have power, conjointly with the council or appropriate governing body of any like association in any other province or territory of Canada, having objects similar to those of the Association, to establish a central examining board and to delegate to such central examining board all or any of the powers possessed by the Council or the Board respecting the examination of candidates for admission to practise, but any examinations conducted by such central examining board shall be held in at least one place in New Brunswick.

11(7) The Board shall approve any person who is, at the time, a duly registered member of an association of engineers or geoscientists of some other province or territory of Canada, with an act of incorporation or a constitution similar to that of the Association, as a member, licence, or holder of a certificate of authorization upon application and payment of requisite fees and upon provision of satisfactory evidence to the Board of registration in good standing in such other association.

11(8) If the Board refuses to recommend a member, licencee, or holder of a certificate of authorization, the applicant may appeal to the Council, in writing, within thirty days of receipt of notification of the Board’s decision.

11(9) In the event of an appeal under subsection (8), Council, after considering all relevant factors, may:

(a) direct that the applicant be entered in the Register as a member, licencee, or holder of a certificate of authorization as the case may be;

(b) refer the matter back to the Board for reconsideration with such directions as it considers necessary; or

11(10) No member of Council who is also a member of the Board shall sit for the purpose of considering an appeal under this section.

COMPLAINTS COMMITTEE

12(1) There shall be a Complaints Committee, appointed by Council, composed of not fewer than two members, and at least one person who is a public representative and none of the Committee members shall be members of Council.

12(2) The quorum, number of Complaints Committee members, their terms of office, qualifications, and the manner of their appointment shall be established and governed by the by-laws and the by-laws may regulate the procedures, functions, and operations of the Committee and may permit the establishment of panels of the Committee to act for and to carry out and exercise all the duties and powers of the Committee provided that each panel shall include at least one person who is a public representative.

12(3) The Council shall name one member of the Complaints Committee to be chairperson.

12(4) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee.

12(5) Upon receipt by the Association of a complaint alleging:

(a) a violation of any provision of this Act, by-laws, or rules;

(b) professional misconduct, including negligence in the practice of the Professions;

(d) a conviction of a criminal or quasi-criminal offence in Canada, or any other jurisdiction;

(e) the obtaining of registration as a member, licencee, or holder of a certificate of authorization in the Association by reason of misrepresentation or any improper means;

(f) an investigation by another regulating body in New Brunswick or any other jurisdiction with respect to professional misconduct or incompetence, or imposed professional discipline as a result of a concluded investigation with respect to professional misconduct or incompetence; or

(g) other conduct of such a nature as the Council considers should be investigated;

it shall be referred by the Registrar to the Complaints Committee.

12(6) The Complaints Committee shall consider and investigate complaints referred to it, but no action shall be taken by the Committee under subsection (10) before it has

(a) notified the respondent of the complaint and the respondent is given at least two weeks to submit in writing to the Committee any explanations or representations the respondent may wish to make concerning the matter; and

(b) examined or has made every reasonable effort to examine all records and other documents relating to the complaint.

12(7) Notwithstanding subsection (8), the Complaints Committee is not required to hold a hearing or to give the complainant or the respondent an opportunity for a hearing, or an opportunity to make oral submissions, before making a decision or giving directions under this section.

12(8) A respondent may be requested to appear before the Complaints Committee to respond to the complaint and, if the respondent fails to appear, the Committee may proceed to deal with the complaint in accordance with subsection (10).

12(9) The Complaints Committee may engage such persons as it deems necessary including legal counsel to assist it in the consideration and investigation of complaints and shall determine its own rules of procedure.

12(10) The Complaints Committee, in accordance with the information it has received, may:

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee;

(b) direct that the matter not be referred under paragraph (a); or

(c) take such action as it considers appropriate in the circumstances to resolve the complaint as long as such is not inconsistent with this Act, by-laws, or rules.

12(11) The Complaints Committee shall give its decision, together with reasons, in writing to the Registrar who shall notify the complainant and respondent.

12(12) In circumstances where the Complaints Committee makes a referral under paragraph (10)(a), the Committee may suspend or place conditions on the member, licencee, or certificate of authorization holder pending completion of the proceedings before the Discipline Committee if it is of the opinion that a danger to the public could result from not suspending or placing conditions on the member, licencee, or certificate of authorization holder.

12(13) A complainant who is not satisfied with the disposition of the complaint by the Complaints Committee may apply to the Council for a review of the treatment of the complaint, which the Council may refer to the Discipline Committee under subsection 13(3).

DISCIPLINE COMMITTEE

13(1) There shall be a Discipline Committee appointed by the Council, composed of not fewer than two members, and one person who is a public representative and none of the Committee members shall be members of Council.

13(2) The quorum, number of Discipline Committee members, their terms of office, qualifications, and the manner of their appointment shall be established and governed by the by-laws and the by-laws may regulate the procedures, functions, and operations of the Committee and may permit the establishment of panels of the Committee to act for and to carry out and exercise all the duties and powers of the Committee provided that each panel shall include at least one person who is a public representative.

13(3) In addition to a complaint under paragraph 12(10)(a), the Council, by resolution, may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of an individual.

13(4) The Discipline Committee and the Council when acting pursuant to subsection 13(3), shall conduct its proceedings in accordance with its own rules of procedure and may do all things and engage such persons including legal counsel it deems necessary to provide for the investigation, hearing and consideration of any complaint or appeal and in no case is the Discipline Committee or the Council bound to follow the technical rules of evidence or procedure applicable in judicial proceedings.

13(5) The Discipline Committee on being satisfied with proof of service that the individual was notified of a Discipline Committee hearing and the individual fails to appear at the hearing, may continue with the hearing, deem the individual to have admitted the substance of the complaint, and make whatever decision considered appropriate.

13(6) An individual may be found guilty of professional misconduct by the Discipline Committee if:

(a) the individual has been found guilty of an offence which, in the opinion of the Committee, is relevant to suitability to practise the Professions; or

(b) the individual has been guilty, in the opinion of the Committee, of conduct relative to the practice of the Professions which constitutes professional misconduct including, but not limited to, that defined in the by-laws.

13(7) The Discipline Committee may find an individual incompetent if in its opinion:

(a) the individual has displayed a lack of knowledge, skill, judgment, or disregard for the welfare of the public of a nature or to an extent that demonstrates the individual is unfit to carry out the responsibilities of the Professions; or

(b) the individual is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public that the individual no longer be permitted to engage in the practice of the Professions or the individual’s practice of the Professions be restricted.

13(8) When the Discipline Committee finds an individual guilty of professional misconduct or incompetence it may, by order, do any one or more of the following:

(a) revoke the right to practise the Professions;

(b) suspend the right to practise the Professions for a stated period, not exceeding twenty-four months;

(c) accept the undertaking of the individual to limit his or her practice in the Professions to the extent specified in the undertaking;

(d) impose terms, conditions or limitations on the individual, including but not limited to the successful completion of one or more particular courses of study;

(e) impose specific restrictions on the individual, including but not limited to:

(i) requiring the individual to engage in the practice of the Professions only under the personal supervision and direction of a member;

(ii) requiring the individual to not alone engage in the practice of the Professions;

(iii) requiring the individual to submit to periodic inspections by the Discipline Committee, or its delegate, of documents, records and work in connection with the individual’s practice of the Professions; or

(iv) requiring the individual to report to the Registrar or to such committee of the Council as the Discipline Committee may name on such matters with respect to the individual’s practice of the Professions for such period and in such form, as the Committee may specify;

(f) reprimand, admonish or counsel the individual, and if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the Register for a stated or unlimited period of time;

(g) revoke or suspend for a stated period of time the designation of the individual as a specialist, consulting engineer, consulting geoscientist or otherwise;

(h) impose such fine as it considers appropriate, to a maximum of $10,000.00, to be paid by the individual;

(i) subject to subsection (9) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in detail or in summary and either with or without including the name of the individual in the official publication of the Association and in such other manner or medium as it considers appropriate;

(j) fix and impose costs of any investigation or procedures by the Complaints Committee or the Discipline Committee to be paid by the individual to the Association;

(k) direct that the imposition of a penalty or order be suspended or postponed for such period, and upon such terms, or for such purpose, including but not limited to,

(i) the successful completion by the individual of one or more courses of study,

(ii) the production to the Discipline Committee of evidence satisfactory to it that the individual no longer poses a danger to the public in the practice of the Professions.

13(9) The Discipline Committee shall cause an order of the Committee revoking or suspending an individual to be published, with or without the reasons, in the official publication of the Association together with the name of the individual.

13(10) Upon the request of an individual, the Discipline Committee shall cause the decision of the Committee that an allegation of professional misconduct or incompetence was unfounded be published in the official publication of the Association.

13(11) Where the Discipline Committee is of the opinion that it is appropriate, the Committee may order that the Association reimburse an individual’s costs or such portion as fixed by the Committee.

13(12) In proceedings before the Discipline Committee, the Association and the individual are parties.

13(13) An individual whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded the right to be heard and to examine, before the hearing, any written or documentary evidence that may be produced, or any report the contents of which may be given in evidence at the hearing.

13(14) Members of the Discipline Committee panel shall not have previously participated in any investigation of the subject-matter of the hearing, and shall not communicate directly or indirectly in relation to the subject--matter of the hearing with any person or with any party or the representative of the party except upon notice to and opportunity for all parties to participate.

PUBLIC HEARINGS

14(1) Subject to subsection (2), Discipline Committee hearings shall be open to the public.

14(2) The Discipline Committee may order that the public, in whole or in part, be excluded from a hearing or any part of a hearing if it is satisfied that

(a) financial, personal, or other matters that would otherwise be disclosed are of such nature that it is within the public interest that they not be disclosed; or

(b) the safety or security of a person may be jeopardized.

14(3) The Discipline Committee may make whatever order it considers necessary to prevent public disclosure, including orders prohibiting publication, broadcasting, or any other means of communication that the Committee considers may risk disclosure.

14(4) No order shall be made pursuant to subsection (3) that prevents the publication of anything that is otherwise available to the public.

14(5) The Discipline Committee may order that the public be excluded from that part of a hearing dealing with a motion for an order pursuant to subsection (2).

14(6) The Discipline Committee may make any order it considers necessary to prevent public disclosure of matters disclosed in a submission relating to any motion under this section, including any order it could make under subsection (3).

14(7) The Discipline Committee shall state at the hearing the reasons for any order made pursuant to this section.

14(8) Where the Discipline Committee makes an order pursuant to subsection (2), it

(a) shall allow the parties and their legal or other representatives to attend the hearing, and

(b) may allow such other persons as it considers necessary to attend all or part of the hearing.

14(9) Notwithstanding anything contained in this section, public attendance at a hearing does not constitute authorization to take photographs, record sound, videotape, or otherwise mechanically, electronically, or by any other means record the proceedings, and no such recording is permitted unless specifically authorized by the Discipline Committee.

14(10) It is professional misconduct for any individual to disclose or in any way facilitate the disclosure of matters ordered by the Discipline Committee not to be disclosed.

HEARING PROCEDURE

15(1) The Discipline Committee, or someone designated by it to act on its behalf, may by summons in a form prescribed by Council Rule, require the attendance before it of any person whose evidence may be material to the subject-matter of the hearing and may order any person to produce such records, reports or other documents as appear necessary for the purpose of the hearing.

15(2) A person served with a summons shall attend and answer all questions concerning matters being inquired into at the hearing and shall produce to the Discipline Committee all records, reports or other documents that are in that person’s custody or control.

15(3) The testimony of any witness may be taken under oath or affirmation which may be administered by the chairperson of the Discipline Committee or any person designated to do so on the chairperson’s behalf.

15(4) If a person on whom a summons has been served, either personally or by leaving a copy of the summons with some adult person at that person’s last or most usual place of residence or business, fails to appear before the Discipline Committee, or upon appearing refuses to be sworn or refuses without sufficient cause to answer any question relevant to the hearing, the Committee may by application to the Court, cause the person to be cited for contempt under the provisions of the Rules of Court in the same manner and to the same extent as if the alleged contempt took place in proceedings before the Court.

15(5) The oral evidence taken before the Discipline Committee shall be recorded and, if requested, copies of the transcript shall be furnished to the parties at their own expense.

15(6) All findings of the Discipline Committee shall be based exclusively on evidence admitted before it.

15(7) No member of the Discipline Committee shall participate in a decision of the Committee unless that member was present throughout the hearing and heard the evidence and argument of the parties.

15(8) Documents and things put in evidence at a hearing of the Discipline Committee shall, upon the request of the party who produced them, be returned by the Committee within a reasonable time after the matter in issue has been finally determined.

15(9) Where a proceeding is commenced before the Discipline Committee, and the term of office of a member thereof on the Council or on the Committee expires or is terminated, other than for cause, before the proceeding is disposed of, but after evidence has been heard, the member shall be deemed to remain a member of the Committee for the purpose of completing the disposition of the proceeding as if that member’s term of office had not expired or been terminated.

15(10) A copy of the decision of the Discipline Committee shall be served upon the individual and the person who filed the complaint.

APPEALS

16(1) A party to proceedings before the Discipline Committee may appeal within thirty days from the date of the decision or order of the Committee to the Court by way of Notice of Application in accordance with the Rules of Court.

16(2) Upon the request of a party desiring to appeal, and upon payment of the fee, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from.

16(3) An appeal under this section may be on questions of law or jurisdiction or both, and the Court may:

(a) affirm, vary or rescind the decision of the Discipline Committee;

(b) direct the Discipline Committee to take any action which it has the power to take; or

(c) refer the matter back to the Discipline Committee for rehearing in whole or in part, in accordance with such directions as the Court considers proper.

16(4) Where the Discipline Committee revokes, suspends or restricts an individual on the grounds of incompetence, the decision takes effect immediately notwithstanding that an appeal is taken from the decision, unless the court to which the appeal is taken otherwise orders.

16(5) Where the Discipline Committee revokes, suspends or restricts an individual on grounds other than for incompetence, the order does not take effect until the time for appeal from the order has expired without an appeal being taken or, if taken, the appeal has been disposed of or abandoned, unless the Committee otherwise orders, and, when the Committee considers that it is appropriate for the protection of the public, the Committee may so order.

PUBLIC OFFENCES

17(1) Any person, other than a member, licencee, or a certificate of authorization holder who

(a) takes and uses orally or otherwise any title or designation allowed to be used under section 9, or uses any addition to or abbreviation of such titles, or any words, names or designations, including the use of a professional seal, with the intent that such use will lead to the belief that the person is a member, licencee, or certificate of authorization holder;

(b) advertises, holds out, or represents in any way or by any means to be a member, licencee, or certificate of authorization holder;

(c) wilfully procures or attempts to procure registration or licensing under this Act for that person or for another person by making, producing or causing to be made or produced any fraudulent representation or declaration, either verbal or written; or

(d) engages in the practice of the Professions;

commits an offence.

17(2) Any person who knowingly makes a false statement in any application or declaration signed or filed under this Act commits an offence.

17(3) No partnership, association of persons, or corporation shall

(a) practise the Professions;

(b) use any name, title, description or designation that will lead to the belief that it is entitled to practise the Professions;

(c) advertise, hold itself out, or conduct itself in any manner as to lead to the belief it is entitled to practise the Professions,

unless the partnership, association of persons, or corporation is the holder of a valid certificate of authorization, and every member or manager of the partnership or association of persons, and every shareholder, director, officer or manager of a corporation who participates in a violation of this subsection commits an offence.

17(4) Where a partnership, an association of persons or a corporation that has a subsisting certificate of authorization practises the Professions in contravention of this Act, every member or manager of the partnership or association of persons, and every shareholder, director, officer or manager of a corporation who participates in such contravention, commits an offence.

17(5) Every person, member, or manager of a partnership or association of persons, and every shareholder, director, officer or manager of a corporation who commits an offence under this section is liable:

(a) for the first offence, to a fine of not less than $1,000.00 and not more than $10,000.00;

(b) for the second and each subsequent offence, to a fine of not less than $5,000.00 and not more than $50,000.00 or to imprisonment for a term of not more than six months, or to both; and

(c) upon failure to pay a fine imposed under paragraph (a) or (b) to imprisonment for a term of not more than six months.

17(6) Upon conviction of any person for an offence under subsection (1) or (3), the judge convicting the person may in addition prohibit that person from engaging in the practice of the Professions or from doing anything for which the person was convicted.

17(7) Any person who fails to comply with an order under subsection (6) commits an offence and is liable to a fine of not less than $1,000.00 and not more than $10,000.00 or to imprisonment for a term of not more than six months, or both, and on failure to pay the fine to imprisonment for not more than six months.

17(8) Any person who refuses or neglects to perform any of the duties imposed by this Act, or who violates any of the provisions of this Act, shall be liable to a penalty, when not otherwise provided for, of a sum not less than $500.00 and not more than $10,000.00 and in default of payment to imprisonment for a term of not more than three months.

17(9) Proceedings for a contravention of this Act may be carried out by the Association without the consent of the Attorney General of New Brunswick.

17(10) No proceedings shall be commenced for an offence under this section after two years from the date of commission of the offence.

17(11) Subject to subsection (10), the Provincial Offences Procedure Act applies to the prosecution of all offences under this Act.

INJUNCTION

18 The Association may apply to the Court in accordance with the provisions of the Rules of Court for an injunction restraining any person from practising or attempting to practise the Professions or from doing or attempting to do anything contrary to the provisions of this Act, or contrary to any by-law passed under the authority of this Act.

FINES

19(1) All fines and penalties imposed under this Act shall be recoverable, by the Association with costs, under the Provincial Offences Procedure Act.

19(2) Any information for the recovery of any fine or penalty referred to in subsection (1) may be laid by any person appointed by the Council.

19(3) All fees, fines and penalties payable or recoverable under this Act shall belong to the Association.

RECOVERY OF CHARGES

20 No person, partnership, association of persons, or corporation shall be entitled to the payment or recovery of any fees or charges in any court, or otherwise, for any service performed within the practice of the Professions unless, at the time the services were performed, the member, licencee, or holder of certificate of authorization was enrolled in the Register.

EXCLUSIONS

21 Nothing contained in this Act shall be taken or construed to prohibit or preclude:

(a) subject to section 22, any architect, who is registered under the provisions of the Architects Act, from legally carrying on or performing the practice of professional engineering, in connection with that person’s work as an architect;

(b) any person from practising any profession, carrying out any inspection, or working in any trade or calling with respect to which the person is registered, licensed or otherwise authorized under any other public or private Act of the Province of New Brunswick;

(d) any person from supervising works as owner or carrying out work as contractor, superintendent, foreman or tradesman where public safety is not a consideration;

(e) any engineer in training or geoscientist in training from performing the practice of professional engineering or professional geoscience under the direct supervision of a member, licencee, or holder of a certificate of authorization who assumes full responsibility for such work, or under a mentoring program approved by the Association;

(f) any certified engineering technician or technologist from

(i) practising professional engineering where a member, licencee, or holder of a certificate of authorization takes responsibility for such engineering work, or

(ii) practising professional geoscience where a member, licencee, or holder of a certificate of authorization takes responsibility for such geoscience work;

or require the person to become registered or licensed under this Act in order to do any such thing.

ARCHITECT-ENGINEER JOINT

PRACTICE COMMITTEE

22(1) There shall be a committee called the “Architect-Engineer Joint Practice Committee” for the purpose of assisting the Association and the Architects’ Association of New Brunswick in the maintenance and development of the professional relationship between the two Associations, including the consideration of questions or complaints relating thereto.

22(2) The Committee shall be composed of two members from each Association and a chairperson appointed in accordance with the guidelines referenced in subsection (5).

22(3) The Council shall appoint to the Committee two members representing the Association and shall prescribe the term of each appointment.

22(4) The chairperson shall hold office in accordance with the guidelines enacted pursuant to subsection (5) and shall be a member of either of the Associations.

22(5) Subject to the approval of Council, the Committee may enact guidelines

(a) governing the relationship between the engineering and architecture professions, including business relations with the public, and relations between members of the Associations;

(b) establishing the procedure to be followed in handling any dispute referred to it for determination;

(d) relating to any other matter directed to the Committee by the Council of either Association for consideration.

22(6) Where a dispute arises between an architect and a member, licencee, or holder of a certificate of authorization concerning jurisdiction with respect to the practice of professional engineering, the Registrar may refer it to the Committee which shall assist in resolving the dispute in accordance with the guidelines enacted pursuant to subsection (5).

GENERAL

23 No action lies against members, officers or directors of the Association, Council, or any committees of the Association for anything done in good faith pursuant to the provisions of this Act, or the by-laws, or rules of the Association.

TRANSITIONAL

24(1) The Engineering Profession Act 1986, chapter 88 of the Acts of New Brunswick, 1986, as amended by chapter 50 of the Acts of New Brunswick, 1999, is repealed.

24(2) All persons who were members under the Engineering Profession Act 1986, chapter 88 of the Acts of New Brunswick, 1986, as amended by chapter 50 of the Acts of New Brunswick, 1999, on the day this Act comes into force shall continue as members under this Act.

24(3) To the extent that they are not inconsistent with the provisions of this Act, the by-laws of the Association in existence at the date of coming into force of this Act shall continue in force and effect until, and to the extent they are, superseded.

24(4) All applications for admission as a member and all disciplinary proceedings in progress on the day this Act comes into force, shall be continued and disposed of under the Engineering Profession Act 1986, chapter 88 of the Acts of New Brunswick, 1986, as amended by chapter 50 of the Acts of New Brunswick, 1999.

24(5) All complaints concerning matters of discipline or incompetence received after this Act comes into force shall be dealt with under this Act, notwithstanding when the subject matter of the complaint arose.

COMMENCEMENT

25 This Act comes into force on October 1, 2015.