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. ADMINIS TRA TION... 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@apega.org Engineers Nova Scotia (Engineers NS) 1355 Barrington Street Halifax, NS, B3J 1Y9 Tel: 902-429--2250 / Fax: 902-423-9769 (1-888-802-7367) / info@engineersnovascotia.ca Professional Engineers Ontario (PEO) Association of Professional Engineers and Geoscientists of British 40 Sheppard Avenue West, Suite 101 Columbia (APEGBC) North York, ON M2N 6K9 200-4010 Regent Street, Tel: 416-224-1100 / Fax: 1-800-268-0496 Burnaby, BC V5C 6N2 (1-800-339-3716) / email through website Tel: 604--430--8035 / Fax: 604--430--8085 (1-888-430-8035) / apeginfo@apeg.bc.ca 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) / apegm@apegm.mb.ca 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) / info@apegnb.com 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 main@pegnl.ca 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 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 apegs@apegs.ca 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 life, 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 limitation, includes reporting on, designing or directing the construction of public utilities, industrial works, railways, bridges, highways, canals, harbour works, river improvements, lighthouses, 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, light 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 definition 2 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 utilization 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/files/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)
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 life, health, property, economic interests, the public interest or the environment 4 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 life, 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 life, 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, lighthouses and all works relating to the improvement, control or utilization of waters; c) works of an electrical, mechanical, hydraulic, aeronautical, electronic, thermic, nuclear, metallurgical, geological or mining character and those intended for the utilization of the processes of applied chemistry or physics; d) waterworks, sewer, filtration, 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 life, 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, (ii) works related to the location, mapping, improvement, control and utilization of natural resources, (iii) works and components of an electrical, mechanical, hydraulic, aeronautical, electronic, thermic, nuclear, metallurgical, geological, mining or industrial character and others dependent on the utilization 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 utility 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 utilization of matter, materials or energy or is designed for the use and convenience of human beings, and (ii) 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 NAPEG 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, utilisation, 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 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, life, health, property, or economic interests, including, but not limited to: APEGBC a) investigations, interpretations, evaluations, consultations or management aimed at discovery or development of metallic or non-metallic 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 practice of professional geoscience means reporting, advising, acquiring, processing, evaluating, interpreting, surveying, sampling or examining related to any activity that APEGA (a) is directed towards the discovery or development of oil, natural gas, coal, metallic or non-metallic 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 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, metallic or non-metallic 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 (ii) 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, metallic or non-metallic 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/wpcontent/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 (ii) teaching geoscience at a university; 16 APEGS practice of professional geoscience means the application of principles of geoscience that include, but are not limited 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: APEGM (i) the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, precious stones, water or other natural resources; or (ii) the investigation of surface or sub-surface geological conditions; 17 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 life, 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, 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. (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, metallic or non metallic minerals or precious stones, water or other natural resources or that is aimed at the investigation of geoscientific conditions, and (ii) 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 Councillors, 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 Councillors comprising both professional engineers and professional geoscientists (minimum 2 professional geoscientists), and not fewer than 2 Councillors 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, Presidentelect, Vice-President, immediate Past-President, 3 Councillors-at-large, 10 Regional Councillors 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 By Council, consists of President, immediate Past-President, Vice-President and 8 other members Nova Scotia 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 limited licences, 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 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. APEGBC 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 licensees; (b) to establish, maintain and enforce standards for the qualifications and practice of its members and licensees; (c) to promote the professions of professional engineering and professional geoscience. 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. APEGA APEGS Vision Statement We will be a valued agent of excellence in professional practice and an internationally respected leader of the engineering and geoscience professions. 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. Vision Statement APEGM is the leader and a facilitator of the process that ensures excellence in engineering, geoscience and applied technology for the public of Manitoba. APEGM 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 PEO Objectives 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 licences, holders of provisional licences and holders of limited licences 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 skill 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. 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. OIQ APEGNB Engineers Nova Scotia Strategic Objectives To adequately fulfill 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. 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 skill 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 Engineers PEI 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. 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 life through the application and management of engineering and geoscience. 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. APEY 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 lifelong learning. As the profession evolves, APEY members seek to achieve professional satisfaction and fulfillment, 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, skill, care and professional ethics among its members and licensees, 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 1920 2012 Covers all branches of engineering and geoscience APEGA Engineering and Geoscience Professions Act, SA 2000 Chapter E-11 1920 2015 Covers all branches of engineering as well as geology and geophysics APEGS The Engineering and Geoscience Professions Act, Chapter E-9.3 1930 2014 Covers all branches of engineering, also geology and geophysics as part of engineering APEGM The Engineering and Geoscientific Professions Act, C.C.S.M 1920 2013 Covers all branches of engineering and geoscience PEO Professional Engineers Act, R.S.O. 1990, Chapter P.28 1922 2015 Covers all branches of engineering. No other profession OIQ Engineers Act, Chapter I-9 1920 2009 Covers all branches of engineering except forestry. No other profession APEGNB Engineering and Geoscience Professions Act, Chapter 9 2015 2015 Covers all branches of engineering and geoscience Engineers Engineering Profession Act, Chapter 148 1920 2010 Nova Scotia Covers all branches of engineering. No other profession Engineers PEI Engineering Profession Act, Chapter E-8.1 1990 2009 Covers all branches of engineering. No other profession PEGNL Engineers and Geoscientists Act, 2008, Chapter E-12.1 1952 2013 Covers all branches of engineering and geoscience APEY Engineering Professions Act, Chapter 75 1955 2010 Covers all branches of engineering. No other profession 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 licensed 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
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 licensee; 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, licensee, 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, (ii) in the case of a 2 storey building, has a gross area of 150 square metres or less on each floor, or (iii) 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 (ii) 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, (ii) in the case of a 2 storey building, has a gross area of 200 square metres or less on each floor, or (iii) 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, (ii) in the case of a 2 storey building, has a gross area of 250 square metres or less on each floor, or (iii) 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 calling; 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 responsibility 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 responsibility 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 life, health, or the public interest is not concerned; (j) an electrician licensed 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, licensed or certified under or has otherwise acquired rights pursuant to any enactment of Manitoba or Canada which licenses, 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, life, computer or mathematical sciences, or possesses an equivalent combination of education, training and experience, or (ii) 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) Skilled 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
Engineers Nova Scotia 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 licence to practise after having filed 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 calling, provided that the person shall not style or hold himself out as a professional engineer unless he is registered or licensed 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 technology 29 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 facilities; d) a person engaging in the repair, maintenance or operation of equipment and facilities 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 licensed, 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)
6. INDIVIDUAL LICENSING REQUIREMENTS Association Age Residency Requirements Citizenship Education Experience Good Character APEGBC None None Canadian citizen or permanent resident of Degree in applied science, engineering or 4 years Yes Canada. geoscience from an institute of learning approved Others can register as Non-Resident by council or examinations of Association or Licensee (NRL) P.Eng. equivalent. 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. APEGS None None None Degree in Engineering or Geoscience from an accredited University. 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 PEO 18 years None None Bachelor s degree in engineering from a Canadian Engineering Accreditation board (CEAB)- accredited program, or possess equivalent qualifications) 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. 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. Engineers Nova Scotia None None Canadian citizenship or Permanent Resident status. Others may obtain a Licence to Practice Engineers PEI None In Province Non-residents may obtain Licence to Practice None PEGNL None None Canadian Citizen or Landed Immigrant Others may register as a Licensee Accredited undergraduate degree in engineering, or a degree in science from a school, college or university approved by Council, or completion of examinations. Degree in engineering or applied science of an academic or technical institution recognized by the Council Degree in engineering or Geoscience from a university program approved by the board of Examiners 4 years Yes Other 4 years Yes Summary report of work experience 4 years Yes 4 years Yes 3 years Yes 4 years Yes 4 years Yes 4 years Yes 4 years Yes APEY None None None Degree in Engineering from an accredited 4 years Yes Synopsis of Canadian Provincial and 22 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
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 university or Education satisfactory to the Board of Examiners (BOE). 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 Synopsis of Canadian Provincial and 23 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
7. PROVISIONAL / TEMPORARY / RESTRICTED LICENCES Some of the associations have provisional, temporary, limited and/or restricted licences. The licences 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 licensed for a specified period of time or project. Limited Licence May independently carry out limited and defined functions, normally within the practice of professional engineering Association Provisional Duration Temporary Duration Limited Duration APEGBC Yes 1 year, non-renewable No 33 Yes 1 year, renewable APEGA Yes 1 year, renewable annually to a maximum of 4 years No No 34 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 Engineers No No No Nova Scotia 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 Synopsis of Canadian Provincial and 24 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
8. CORPORATE LICENSURE REQUIREMENTS Association Corporate Licence? APEGBC No APEGA Yes Permit to Practice APEGS Yes Certificate of Authorization Name Duration Required For Temporary Version? One Year Calendar Year Partnerships, corporations and other such entities which practice engineering, geology and geophysics If company (partnership, association of persons, or corporation) is providing professional engineering or geoscience services in Saskatchewan No Yes APEGM Yes Certificate of Authorization PEO Yes Certificate of Authorization OIQ No APEGNB Yes Certificate of Authorization Engineers Yes Certificate of Nova Scotia Compliance Engineers PEI 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 1 year To allow individuals and business entities to offer and provide professional engineering services to the public Calendar Year Calendar Year Calendar Year Offering and providing professional services to the public Offering engineering services to the public Any partnership, association of persons or corporation which engages in the practice of professional engineering as one of its principal functions. No No No Yes No PEGNL Yes Permit to Practice APEY Yes Permit to Practice NAPEG Yes Permit to Practice Calendar Year Calendar Year Calendar Year Offering and providing professional services to the public. Partnership, corporation, firm or association of persons that wishes to practice in its own name. Includes sole practitioner. Partnerships, corporations and other such entities which practice engineering, geology and geophysics No No No Synopsis of Canadian Provincial and 25 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
9. APPLICATION PROCESS (General process, individual cases may vary) Process APEGBC APEGA APEGS 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 APEGM PEO OIQ APEGNB Engineers Nova Scotia Engineers PEI PEGNL APEY NAPEG Synopsis of Canadian Provincial and 26 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
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 NPPE 42 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 Synopsis of Canadian Provincial and 27 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
11. CONTINUING COMPETENCE & PROFESSIONAL DEVELOPMENT Province Name of Program Status Voluntary? Comments APEGBC Practice Review Operational Mandatory Random selection from practice areas and disciplines prioritized by APEGBC Council. APEGA Continuing Professional Development Continuing Professional Development (CPD) Operational Operational Voluntary Mandatory 240 hours over 3 year rolling total. 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. APEGS APEGM Practice Review Continuing Professional Excellence (CPE) Continuing Professional Development Program (ProDev) Permit holders (firms) and individuals randomly selected for review. Power of Practice Review Operational Mandatory Board to make orders is similar to Discipline Committee s. Operational Mandatory 240 credits on a 3 year rolling basis from 3 of 6 categories. 80 credits per year recommended. Operational Mandatory Requires CPD hours reporting on ProDev, with a minimum of 240 hours over a 3 year rolling 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. APEGNB Engineers Nova Scotia Continued Competency Assurance Program Professional Development Program The Guide de développement des comptétences is now available on the website of the OIQ. 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 rolling 3 year basis from 3 of 6 categories. 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 Synopsis of Canadian Provincial and 28 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
Province Name of Program Status Voluntary? Comments only on request. 240 hours over a rolling 3 year basis from 3 of 6 categories. Engineers PEI PEGNL Professional Development Program Professional Development Program Life Members and Retired Non-Practising Members are exempt from the program. Operational Mandatory 240 hours over a rolling 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. Operational Mandatory Non-practising are exempt from the program,however, they give up the right to practise. APEY Continuing Professional Development Program Operational Mandatory Reporting Mandatory annual reporring with annual audits. 240 hours over a rolling 3 years. Non practicing members have a minimum of 20 hours to keep their status. 240 CPD hours on a rolling 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 rolling 3 year basis is encouraged (but not mandatory). There are 6 categories to choose from. Synopsis of Canadian Provincial and 29 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
12. ENFORCEMENT Association Title Protected On person? Corporation? APEGBC professional engineer or professional geoscientist, a ny Yes-Yes 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 statement implying a professional engineer or professional geoscientist or entitlement to engage in, or is engaged in, the practice of professional engineering or professional geoscience. Availability of Injunction Where it appears that any person is acting or is likely to act in contravention of Act or the bylaws, the association may a pply to the court for a n 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. Maximum Statute of Penalty 43 Limitations $25,000 Two yea rs. APEGA APEGS Professional Geoscientist, P. Geo., Geoscientist, Engineer, Professional Engineer, P.Eng, or abbreviation in combination with another word or title; for companies: engineer or geoscientist in combination wi th a ny other word, ti tle, s ymbol or a bbreviation implying that individual, corporation, partnership or other entity is a professional engineer/geoscientist, licensee or permit holder. Professional Engineer, Engineer, or Consulting Engineer, the abbreviation P.Eng., Professional Geoscientist, Geoscientist, Consulting Geoscientist or the abbreviation P.Geo. i n combination with another word i n a title; for companies: engineer, engineering, P.Eng., consulting engineer, P. Geo., consulting geoscientist or geoscience. Yes-Yes Yes-Yes The Court, on a pplication by the Council, may gra nt a n injunction enjoining any person from doing a ny a ct 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. Where it appears that any person is acting or is 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. $6,000 Two yea rs. $15,000 Two yea rs. 43 Maximum monetary damages listed only. Possibility of imprisonment is also an available penalty in numerous jurisdictions. Synopsis of Canadian Provincial and 30 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
APEGM PEO OIQ APEGNB Engineers Nova Scotia Engineers PEI PEGNL Engineer, Consulting Engineer, Professional Engineer, Professional Geoscientist, Geoscientist, Consulting Geoscientist or any other term that may lead anyone to i nfer that such person is entitled to engage i n the practice of professional engineering or professional ge os cience professional engineer or ingénieur, Licensed Engineering Technologist or technologue en ingénierie titulaire de permis, engineering intern or stagiaire en ingénierie, and any abbreviations or variations of these titles Engineer, Ingénieur, ingénieur, génie, ingénierie, engi neer or engineering Engineer, Professional Engineer, Eng., P.Eng., Geoscientist, Professional Geoscientist, Geo., or P. Geo. or abbreviation Professional Engineer, or any abbreviation; for corporation any terms implying it is qualified or entitled to undertake or carry out the application of engineering Professional engineer or any abbreviation of such title or any name, word, description or designation that may lead any person to believe that the person is a professional engineer; for companies, any name, title, description or designation that may l ead a ny person to believe that s uch partnership, association of persons, or corporation is qualified or entitled to undertake or carry out the application of engi neering. 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 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. Association may apply to Superior Court for an order directing compliance regardless of other penalties imposed. $20,000 Two yea rs. $25,000 Two yea rs. Yes-Yes None provided for in Act. $20,000 for an individual $40,000 for a corporation Three years. Yes - Yes The As sociation may a pply to the Court for a n i njunction $50,000 Two yea rs. restra ining a ny person from pra ctising or a ttempting 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. Yes-Yes None provided for in Act. $500 for an Two yea rs. individual $1,000 for a corporation Yes-Yes The Association may apply an injunction $10,000 Two yea rs. restraining 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 Yes-Yes None provided for in Act. $10,000 for an individual $100,000 for a corporation Two yea rs. Synopsis of Canadian Provincial and 31 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
APEY NAPEG 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, s ymbol or abbreviation that represents expressly or by implication that he or she is a professional geoscientist or permit holder professional engineer, P. Eng., or any other abbreviation of that title, or the word engineer or any derivative in combination with any other name, title, description, letter, symbol, or abbreviation "professional engineer", "ingénieur", "professional geoscientist", "géoscientifique" or a ny variation or abbreviation of those titles; "engineer", "i ngénieur", "geoscientist" or "géoscientifique" appears, or use any variation or abbreviation of those names, titles, designations or description that implies that individual is a professional engineer or professional geoscientist Yes-Yes Yes-Yes The Supreme Court, on application by the Council, may grant an injunction enjoining a ny person from doing a ny a ct that contravenes the Ac. The Court may, on the application of the Association, grant a n i njunction restraining a person who contravenes title protection provisions section from further contravention of that subsection. $10,000 plus costs of hearing Two yea rs. $10,000 Two yea rs. Synopsis of Canadian Provincial and 32 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
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. Engineers Nova Scotia 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 Synopsis of Canadian Provincial and 33 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
14. PROFESSIONAL LIABILITY INSURANCE APEGBC Does legislation require that corporations have Professional Liability Insurance? No, but we don't license or register corporations. Does legislation require that consultants divulge to their clients whether they have Professional Liability Insurance or not? 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, licensee or certificate holder must notify the client, in writing, whether or not professional liability 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 liability 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 liability 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 liability 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 liability 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 liability in accordance with the regulations. Synopsis of Canadian Provincial and 34 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
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? 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 clients. 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, licensee, 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, licensee, 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. Engineers Nova Scotia Engineers PEI PEGNL No. No. Yes, but under certain conditions. A member, licensee, or holder of a certificate of authorization who is unable to obtain professional liability (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, licencee or holder of a certificate of authorization. A member, licensee or holder of a certificate of authorization who is exempted by Council under this clause shall notify all clients or customers in writing that the member, licensee or holder of a certificate of authorization does not carry professional liability insurance and shall maintain a record that the clients or customers have acknowledged such in writing. No. No. 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 liability 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 Synopsis of Canadian Provincial and 35 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
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? 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 clients ; the professional services provided to the identified client or clients are covered by a policy of insurance maintained by the identified client or clients; 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. APEY No. No. NAPEG No. No. Notwithstanding s. 2.1, professional liability insurance coverage is not required to be maintained by a permit holder if an ancillary, 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 liability (errors or omissions) insurance because of the nature of the professional services provided, where the board is satisfied that such inability 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 clients 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 limiting 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. Synopsis of Canadian Provincial and 36 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures
Synopsis of Canadian Provincial and 37 Engineers Canada Ingénieurs Canada Territorial Engineers Acts By-Laws and Procedures