BILL 119

An Act to Amend the Engineering Technology Act

WHEREAS the New Brunswick Society of Certified Engineering Technicians and Technologists prays that it be enacted as hereinafter set forth;

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

1 Section 2 of the Engineering Technology Act, chapter 92 of the Acts of New Brunswick, 1986, is amended

(a)  in subsection (1)

( i) by repealing the definition “certified engineering technician” and substituting the following:

“certified engineering technician” means a person whose name is entered in the register as a certified engineering technician and includes a certified technician and certified applied science technician; (technicien agréé du génie)

( ii) by repealing the definition “certified engineering technologist” and substituting the following:

“certified engineering technologist” means a person whose name is entered in the register as a certified engineering technologist and includes a certified technologist, certified applied science technologist and professional technologist; (technologue agréé du génie)

( iii) by repealing the definition “engineering technology” and substituting the following:

“engineering technology” or “practice of engineering technology” means the design, analysis, planning, development, evaluation, manufacture, construction, commissioning, operation or maintenance of products, equipment, processes, works, designs, plans, specifications, systems and services accomplished (techniques du génie) (pratique des techniques du génie)

(a)  through the professional application of appropriate applied science and engineering technical principles, codes, standards and generally recognized procedures and practices; and

(b)  by a certified member in the discipline in which the certified member is qualified and entitled to practise;

( iv) by repealing the definition “incapacity” and substituting the following:

“incapacity” means a physical or mental condition or disorder, suffered by a member, of such nature and extent that it is desirable in the interests of the public or the member that the member no longer be permitted to carry on the practice of engineering technology or that the member’s carrying on of such practice be suspended or subjected to conditions, limitations or restrictions; (incapacité)

( v) by repealing the definition “incompetence” and substituting the following:

“incompetence” means acts or omissions on the part of a member in the member’s practice that demonstrate a lack of knowledge, skill or judgment, or disregard for the interests of the recipient of the member’s services of such a nature and to such an extent as to render the member unfit to carry on the practice of engineering technology or to carry on the practice without conditions, limitations or restrictions; (incompétence)

( vi) by repealing the definition “misconduct” and substituting the following:

“misconduct” means a serious digression from established or recognized standards or rules of the Society or generally the practice of engineering technology and includes a breach of such Rules of Ethics or Conduct as may be prescribed by bylaw or rule; (inconduite)

( vii) by adding the following definition in alphabetical order:

“certified member” includes a certified engineering technician and certified engineering technologist; (membre agréé)

(b)  by repealing subsection (2) and substituting the following:

2( 2) The words “engineering technician”, “engineering technologist”, “certified engineering technician”, “certified engineering technologist”, “duly qualified engineering technician”, “duly qualified engineering technologist”, “certified technician”, “professional technologist”, “certified applied science technician”, “certified applied science technologist”, “certified technologist”, “applied science technician” or “applied science technologist” and the initials “CET”, “C.E.T.”, “A.Sc.T.”, “AScT”, “C.Tech”, “CTech”, “P.Tech” or “PTech” or any like words, initials or expressions used alone or in combination with other words or expressions connoting a person recognized by law as an engineering technician or engineering technologist or person entitled to carry on the practice of engineering technology or connoting a member of the Society in the Province, when used in any provision of an act of the Legislature or any regulation, rule, order or bylaws made under an act of the Legislature enacted or made before, at or after the commencement of this Act or when used in any public document, shall be read as including a person whose name is entered in the register or the temporary register.

(c)  by adding after subsection (2) the following:

2( 3) Words importing the masculine gender shall include the feminine gender and vice-versa wherever the context of this Act so requires.

2 Subsection 4(1) of the English version of the Act is amended by striking out “occupation” and substituting “practice”.

3 Subsection 5(1) of the English version of the Act is amended

(a)  in paragraph (g) by striking out “occupation” and substituting “practice”;

(b)  in subparagraph (j)(iii) by striking out “occupation” and substituting “practice”;

(c)  in paragraph (m) by striking out “occupation” and substituting “practice”.

4 Subsection 6(1) of the English version of the Act is amended by striking out “occupation” and substituting “practice”.

5 Section 11 of the English version of the Act is amended

(a)  in subsection (1)

( i) in paragraph (a) by striking out “occupation” and substituting “practice”;

( ii) in paragraph (b) by striking out “occupation” and substituting “practice”;

(b)  in subsection (3) by striking out “occupation” and substituting “practice”.

6 Subsection 12(1) of the English version of the Act is amended by striking out “occupation” and substituting “practice”.

7 Section 14 of the English version of the Act is amended by striking out “occupation” wherever it appears and substituting “practice”.

8 Section 19 of the English version of the Act is amended by striking out “occupation” wherever it appears and substituting “practice”.

9 Section 20 of the Act is repealed and the following is substituted:

20( 1) Except as provided in this Act, the bylaws or rules, no person other than a person whose name is entered in the register or the temporary register shall

(a)  publicly or privately, whether or not for hire, gain or hope of reward hold themselves out in any way as being a certified engineering technician or a certified engineering technologist or as being entitled to practise as a certified engineering technician or certified engineering technologist;

(b)  assume or use any title, name, designation, initials or description, including those referred to in this Act, that does or could lead the public to believe the person is a member of the Society, a certified engineering technician or a certified engineering technologist or entitled to practise as a certified engineering technician or certified engineering technologist; or

(c)  practise engineering technology or practise as a certified engineering technician or certified engineering technologist.

20( 2) A person who violates or fails to comply with subsection (1) commits an offence.

10 Section 25 of the Act is amended by adding after subsection (3) the following:

25( 4) For purposes of this Act, proof of the performance of one act in the practice of engineering technology on one occasion is sufficient to establish that a person has engaged in the practice of engineering technology.

11 The heading “EXEMPTIONS” preceding section 26 of the Act is repealed and the following is substituted:

EXEMPTIONS AND LIMITATIONS

12 Section 26 of the Act is repealed and the following is substituted:

26( 1) Nothing in this Act applies to or prevents

(a)  the practice of professional engineering or the practice of professional geoscience by a person authorized to carry on that practice by the Engineering and Geoscience Professions Act;

(b)  the practice of architecture by a person authorized to carry on that practice by the Architects Act;

(c)  the practice of land surveying by a person authorized to carry on that practice by the New Brunswick Land Surveyors Act, 1986;

(d)  the practice of interior design by a person authorized to carry on that practice by the Interior Designers Act; or

(e)  any person from practising any profession or occupation, carrying on any inspection, or working in any trade or calling with respect to which the person is registered, licensed, certified or otherwise authorized under any other public or private act of the Province of New Brunswick.

26( 2) Notwithstanding any other provision of this Act

(a)  a certified engineering technician or certified engineering technologist shall not engage in the tasks, functions, procedures and practices which are exclusively within the practice of architecture unless otherwise authorized by any other public or private act; and

(b)  a certified engineering technician or certified engineering technologist shall not engage in the tasks, functions, procedures and practices which are exclusively within the practice of professional engineering or professional geoscience unless otherwise authorized by any other public or private act.

26( 3) A certified engineering technician or certified engineering technologist who violates the provisions of subsection (2) commits an offence and is liable on summary conviction to a fine of not less than $500 for a first offence; to a fine of not less than $1000 for a second offence; to a fine of not less than $2000 for a third or subsequent offence or to imprisonment for a term not exceeding six months or both.

26( 4) When an offence under subsection (3) continues for more than one day, the offender commits a separate offence for each day that the violation continues.

26( 5) Where a certified engineering technician or certified engineering technologist does or attempts to do anything contrary to the provisions of subsection (2), the doing of such thing may be restrained by an injunction of The Court of Queen’s Bench of New Brunswick.

26( 6) Any certified engineering technician or certified engineering technologist who is self-employed or engaged in independent practice shall maintain professional liability insurance in the minimum amount of $2,000,000 or such higher amount as may be specified by the Council from time to time.

13 Subsection 28(1) of the English version of the Act is amended

(a)  in paragraph (a)

( i) in subparagraph (ii) by striking out “occupation” and substituting “practice”;

( ii) in subparagraph (vi) by striking out “occupation” and substituting “practice”;

(b)  in paragraph (b) by striking out “occupation” and substituting “practice”.

14 Section 30 of the English version of the Act is amended

(a)  in paragraph (7)(b) by striking out “occupation” and substituting “practice”;

(b)  in paragraph (8)(d) by striking out “occupation” and substituting “practice”.

15 Section 32 of the English version of the Act is amended by striking out “occupation” and substituting “practice”.

16 Section 43 of the Act is repealed and the following is substituted:

43 Meetings of the Council, any committee of the Council or the Society and annual, special and general meetings of the Society may be held by telephone, electronic or other communication facilities in the manner and on the terms and conditions established by the bylaws or rules and persons participating in a meeting by such means shall be deemed to be present in person at that meeting.

17 Section 45 of the Act is repealed and the following is substituted:

45 A resolution, report, recommendation, decision, finding or order of the Council or any committee of the Council or of the Society in writing signed or electronically signed by all councillors or persons entitled to vote on the resolution, report, recommendation, decision, finding or order, or signed or electronically signed counterparts thereof, is as valid as if passed, enacted, determined or made at a meeting of the Council or the committee, and may be transmitted by facsimile, email or other electronic means.

18 Section 47 of the Act is repealed and the following is substituted:

47 Whenever notice is required or permitted to be made or given pursuant to the Act, the bylaws or rules:

(a)  the notice may be given by notice in writing by personal delivery, ordinary mail, facsimile, email or other electronic means;

(b)  if mailed, the notice shall be deemed to have been received seven days after the mailing by ordinary mail of any such notice to the last known address of the person to whom it is directed; and

(c)  if transmitted by facsimile, email or other electronic means, the notice shall be deemed to have been received on the day of its transmission if such day is a business day and, if transmission is not made on a business day, on the next business day.

19 Form A of the Act is amended by striking out “19” wherever it appears and substituting “20”.