The Engineering Profession Act

Transcription

1 The Engineering Profession Act being Chapter 215 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation ASSOCIATION OF REGISTERED PROFESSIONAL ENGINEERS 3 Incorporation and membership 4 Management 5 Personnel of the council OFFICERS 6 Election 7 Term of office 8 Vacancies 9 Qualification 10 Disputed election 11 Registrar, secretary treasurer, etc. MEETINGS 12 Meetings 13 Casting vote 14 Chairman 15 Quorum 16 Expenses of officers POWERS OF THE ASSOCIATION 17 Power to hold property 18 Power to pass bylaws MEMBERSHIP 19 Qualifications of first members 20 Members of similarly constituted associations 21 Citizens of foreign countries or states 22 Admission of other persons 23 Eight years service required 24 Corporations cannot register 29 Published list as evidence 30 Payment of fees 31 Suspension or expulsion of members 32 Removal of name from register 33 Restoration of name 34 Appeal from suspension 35 Complaint and investigation 36 Deposit by complainant 37 Costs 38 Legal and other assistance 39 Time and place of investigation 40 Service of notice 41 Administration of oaths 42 Subpœna of witnesses 43 Non-appearance of accused 44 Appeal to King s Bench 45 Procedure on appeal 46 Trial de novo 47 Action against council barred 48 Services of notices and documents 49 Execution of deeds 50 Disposal of fees 51 Maximum fees SEAL 52 Engineer s seal PROHIBITIONS AND PENALTIES 53 Unauthorized persons practising as engineers 54 Illegal advertising 55 False and fraudulent representations 57 Penalty 57 Limitation of prosecutions 58 Onus of proof 59 Registrar s certificate as evidence EXAMINATIONS 25 Examinations REGISTRATION 26 Register 27 Licences 28 Pubication of list of members MISCELLANEOUS 60 Exception as to architects and surveyors 61 His Majesty s forces 62 Act not to apply to work under value of $10, Assistants under supervision of engineer 64 Engineer employed in two provinces 64 Returns to Lieutenant Governor in Council SCHEDULE A

3 CHAPTER 215 An Act respecting the Engineering Profession SHORT TITLE Short title 1 This Act may be cited as The Engineering Profession Act. R.S.S. 1930, c.173, s.1; R.S.S. 1940, c.215, s.1. INTERPRETATION Interpretation 2 In this Act unless the context otherwise requires, the expression: Association 1. Association means the Association of Professional Engineers of Saskatchewan; Council 2. Council means the council of the association; Member 3. Member means a registered and duly licensed member of the association; Professional engineer 4. Professional Engineer means a person registered and licensed as a professional engineer under the provisions of this Act; Professional engineering 5. Professional engineering or The practise of engineering includes reporting on, advising on, valuing, measuring for, laying out, designing and directing and construction or engineering inspection of any of the works or processes set forth in schedule A, or such works or processes omitted therefrom as are similar to those set forth therein by reason of their requiring the skilled or professional application of the principles of mathematics, physics, mechanics, aeronautics, hydraulics, electricity, chemistry, or geology in their development and attainment; and also includes such reporting, advising, valuing, measuring for, laying out, designing, directing or inspecting by any person under the general supervision of a professional engineer; but does not include the execution or supervision of works as contractor, foreman, superintendent, inspector, road master, track master, bridge master, building master or superintendent of maintenance wherever such work has been designed by and is done under the responsible supervision of a professional engineer; Secretary 6. Secretary means the secretary treasurer of the association; Senate 7. Senate means the senate of the University of Saskatchewan. R.S.S. 1930, c.173, s.2; R.S.S. 1940, c.215, s.2.

4 4 c. 215 ENGINEERING PROFESSION ASSOCIATION OF REGISTERED PROFESSIONAL ENGINEERS Incorporation and membership 3 The Association of Professional Engineers of Saskatchewan is continued as a body corporate and politic and shall consist of its present members and all persons hereafter registered in accordance with the provisions of this Act. R.S.S. 1930, c.173, s.3; R.S.S. 1940, c.215, s.3. Management 4 There shall be a council of management of the association to be constituted in the manner hereinafter mentioned. R.S.S. 1930, c.173, s.4; R.S.S. 1940, c.215, s.4. Personnel of the council 5(1) The council shall consist of a president, vice president, and eight members, one of such members to be a member of the faculty of the University of Saskatchewan, and the remaining seven to be engineers residing in Saskatchewan, who have been practising the profession of engineering for at least five years before the respective dates of their election or appointment. (2) Any five members of the council shall form a quorum. OFFICERS R.S.S. 1930, c.173, s.5; R.S.S. 1940, c.215, s.5. Election 6(1) The president, vice president and six members of the council shall be elected by ballot, or in such manner as may be provided by the bylaws of the association, at the annual meeting of the association or at a special meeting called for that purpose. A seventh member shall also be elected at the first general meeting and shall hold office until his place is taken by the retiring president under subsection (2). In all cases the member or members obtaining the greatest number of votes for the respective offices shall be declared elected. (2) The president shall be elected annually and shall hold office until his successor is elected. He shall preside at meetings of the council and of the association. On retirement he shall hold office as councillor until his successor in the office of president retires. (3) The member of the council who is a member of the faculty of the University of Saskatchewan shall be appointed by the Lieutenant Governor in Council. (4) The vice president shall be elected annually and shall have all the powers of the president during the absence of the latter. R.S.S. 1930, c.173, s.6; R.S.S. 1940, c.215, s.6. Term of office 7 Except as hereinafter provided, elected members of the council shall hold office for the term of two years, three of such members retiring each year. Of the seven elected at the first general meeting of the association, the four receiving the lowest number of votes shall hold office for one year only. R.S.S. 1930, c.173, s.7; R.S.S. 1940, c.215, s.7.

5 ENGINEERING PROFESSION c Vacancies 8(1) In the case of the resignation or death of an elected member or members of the council not exceeding four, the other councillors may fill any vacancy so caused until the next annual meeting, provided such meeting is not to be held within three months after the vacancy occurs. (2) In case of the resignation or death of four or more elected members of the council, the president or vice president of the association, or, in case of their or either of their default for a period of ten days, any five members of the association in good standing, may call a special meeting of the association upon a notice of not less than ten days, for the purpose of filling the vacancies so caused. (3) In case of an election to fill the vacancies referred to in subsections (1) and (2), the member receiving the highest number of votes shall fill the vacancy which requires the longest term to expire, and so on until all the vacancies are filled. (4) For the purpose of this section the expression elected members includes a person who has taken the place of an elected member. R.S.S. 1930, c.173, s.8; R.S.S. 1940, c.215, s.8. Qualification 9 No person shall be eligible for election to the council or qualified to fill a vacancy thereon or to vote for members thereof unless duly registered under the provisions of this Act and the bylaws of the association. R.S.S. 1930, c.173, s.9; R.S.S. 1940, c.215, s.9. Disputed election 10 In case of any doubt or dispute as to who has been elected a member of the council or as to the legality of the election of a member, the other duly elected members shall be a committee to hold an inquiry and decide the question at issue; and the person, if any, whom they decide to have been elected shall he deemed to be a member legally elected; and if the election is found to have been illegal, the committee may order a new election. R.S.S. 1930, c.173, s.10; R.S.S. 1940, c.215, s.10. Registrar, secretary treasurer, etc. 11(1) The council shall appoint a registrar and a secretary treasurer, who shall perform the duties assigned to them by this Act and such further duties as the council may prescribe. One person may he appointed to both offices. (2) The council shall appoint such other officers as may be necessary for carrying out the provisions of this Act and all officers shall hold office during the pleasure of the council and shall be officers of the council as well as officers of the association. (3) The council may by bylaw fix the salaries or fees to be paid to officers and examiners appointed under the provisions of this Act. R.S.S. 1930, c.173, s.11; R.S.S. 1940, c.215, s.11.

6 6 c. 215 ENGINEERING PROFESSION MEETINGS Meetings 12 The meetings of the association and of the council shall be held at such times and places as may be fixed by the bylaws of the association or resolutions of the council respectively, and in the absence of any rule or regulation on the subject, the president, or, in the event of his absence, resignation or death, the vice president, may, by circular letter mailed to each member of the association or of the council, as the case may require, summon a meeting at such time and place as to him seems meet. R.S.S. 1930, c.173, s.12; R.S.S. 1940, c.215, s.12. Casting vote 13 At all meetings the president for the time being shall have a casting vote only. R.S.S. 1930, c.173, s.13; R.S.S. 1940, c.215, s.13. Chairman 14 If the president is absent from a meeting, the vice president, or, in his absence, some member to be chosen from the members present, shall act as president. R.S.S. 1930, c.173, s.14; R.S.S. 1940, c.215, s.14. Quorum 15 All questions submitted to the association or the council shall be decided by a majority of the members present, not being less than five in number in case of the council, and twelve in case of the association. R.S.S. 1930, c.173, s.15; R.S.S. 1940, c.215, s.15. Expenses of officers 16 There shall be paid to the members of the council such fee for attendance and such reasonable travelling expenses as may be fixed by bylaw passed by the association at the annual meeting. R.S.S. 1930, c.173, s.16; R.S.S. 1940, c.215, s.16. POWERS OF THE ASSOCIATION Power to hold property 17 The association may acquire by gift, purchase or otherwise, and alienate, sell, mortgage, lease or otherwise charge or dispose of real or personal property for the purpose of carrying into effect and of promoting the aims, objects and designs of the association: Provided that the annual value of the real property held at any one time for the actual use of the association, shall not exceed $10,000. R.S.S. 1930, c.173, s.17; R.S.S. 1940, c.215, s.17.

7 ENGINEERING PROFESSION c Power to pass bylaws 18 The association may pass bylaws, and alter and amend the same when deemed advisable, respecting: (a) the conduct, discipline, and honour of its members; (b) the management of its property; (c) the appointment of such officers, in addition to those provided for in sections 6 and 11, as may be necessary for carrying out the purposes of the association; (d) the maintenance of the association by levying annual and other fees; (e) the registration of pupils, students, student associates and engineers in training as such; (f) the registration of any person who has not taken an academic engineering course; provided that such person shall have served at least eight years under a member or members in good standing or under an engineer or engineers whose standing is recognized by the council; and requiring such person to pass one or more examinations under the provisions of section 25; (g) all other purposes deemed necessary or convenient for the management or welfare of the association and for the conduct of its business: Provided that no bylaws or amendments thereto shall be valid or take effect until approved by the Lieutenant Governor in Council. MEMBERSHIP R.S.S. 1930, c.173, s.18; R.S.S. 1940, c.215, s.18. Qualifications of first members 19 The council shall admit to membership in the association every bona fide resident of the Province of Saskatchewan, who on the first day of May, 1930, was, and had been for five years previously, practising as a professional engineer; provided that such person produces to the council within one year of the said date, satisfactory proof of his qualifications for membership. R.S.S. 1930, c.173, s.19; R.S.S. 1940, c.215, s.19.

8 8 c. 215 ENGINEERING PROFESSION Members of similarly constituted associations 20 The following persons shall be entitled to be registered as members of the association, that is to say: (a) any person who, after the first day of May, 1930, bona fide takes up residence in the Province of Saskatchewan, and is at such time a duly registered member of any other association of engineers, similarly constituted in any other province of Canada, upon the production to the council of a certificate of membership in good standing in such other provincial association and an application for a transfer of registry endorsed by the appropriate official of such association; Persons with other qualifications (b) any other person who files an application with the council in that behalf and satisfies the council by credentials or otherwise that he, by reason of experience, training or examination by some examining body, possesses qualifications similar to those required by this Act. R.S.S. 1930, c.173. s.20; R.S.S. 1940, c.215, s.20. Citizens of foreign countries or states 21 A person who is not a resident of Saskatchewan, but who, in the opinion of the council, is recognized as a consulting specialist in engineering, and has had not less than ten years experience in the practice of his profession, or who satisfies the council that he has equal qualifications with those required for registration, may, with the approval of the council, be granted a licence to practise. R.S.S. 1930, c.173, s.21; R.S.S. 1940, c.215, s.21. Admission of other persons 22 Any person other than those mentioned in sections 19, 20 and 21 who applies for registration as a professional engineer: (a) shall be a British subject; (b) shall have conformed to the provisions of this Act in respect of the period of study and training; (c) shall have passed the examinations required by section 25. R.S.S. 1930, c.173, s.22; R.S.S. 1940, c.215, s.22. Eight years service required 23 Subject to the provisions of section 19, no person shall be registered unless he has been engaged for eight years in some recognized branch of engineering, except in the case of a graduate from a college or school of science or engineering recognized by the council, in which case the requisite period of service shall be six years and shall include his term of instruction. R.S.S. 1930, c.173, s.23; R.S.S. 1940, c.215, s.23. Corporations cannot register 24 No partnership, company, corporation or association of persons shall, as such, be registered as a member of the association or licensed as a professional engineer. R.S.S. 1930, c.173, s.24; R.S.S. 1940, c.215, s.24.

9 ENGINEERING PROFESSION c EXAMINATIONS Examinations 25(1) The examination of candidates for admission to study engineering shall be under the control of the University of Saskatchewan. (2) The Senate may from time to time, after consultation with the council, appoint a board of examiners to examine candidates, and may make regulations prescribing the subjects of examination and the fees payable by applicants and governing the conduct of examinations. (3) Every examination of candidates for admission to study or to practise engineering shall be held at a time and place to be fixed by the Senate. (4) Application for admission to examination shall be made on a blank form to be supplied on application to the registrar of the university and shall be filed with him at least two weeks before the time fixed for the examination. Every application shall be accompanied by the prescribed examination fee and shall contain such information concerning the applicant s preliminary education and course of study as the Senate may by resolution prescribe. (5) The registrar of the university shall report the results of all examinations to the registrar of the association. REGISTRATION R.S.S. 1930, c.173, s.25; R.S.S. 1940, c.215, s.25. Register 26(1) The council shall cause to be kept by the registrar a book to be known as the register in which shall be entered the names and addresses of all persons who, having complied with the provisions of this Act and the bylaws thereunder, have been admitted to the association, and such register shall be open to inspection at all times free of charge. (2) The registrar shall keep the register correctly and strictly in accordance with the provisions of this Act, the bylaws of the association, and the rules, orders and regulations of the council. R.S.S. 1930, c.173, s.26; R.S.S. 1940, c.215, s.26. Licences 27(1) The registrar shall issue a licence or certificate of registration, in such form and subject to such regulations as may be prescribed by bylaw of the association, to all persons whose names have been duly entered in the register as professional engineers by the authority of the council. (2) All licences or certificates of registration shall expire on the thirty-first day of December of the year in which they are issued, but shall be renewable for one year upon payment of the prescribed fee. (3) Only those persons to whom a licence or certificate of registration has been issued shall be entitled within the province to use the title of Professional Engineer or any abbreviation thereof. R.S.S. 1930, c.173, s.27; R.S.S. 1940, c.215, s.27.

10 10 c. 215 ENGINEERING PROFESSION Pubication of list of members 28 The registrar shall from time to time, under the direction of the council, cause to be printed and published a correct list of the names in alphabetical order according to the surnames, with the respective residences, of all persons whose names are in the register; and if such list is not published yearly, he shall issue a yearly addendum. R.S.S. 1930, c.173, s.28; R.S.S. 1940, c.215, s.28. Published list as evidence 29(1) Such list or addendum published or purporting to be published by the association shall be prima facie evidence in all courts in the province and before all magistrates and justices of the peace in and for the province that the persons therein named are registered according to the provisions of this Act, and, subject to the provisions of subsection (2), the absence of the name of any such person from such list or addendum shall be prima facie evidence that such person is not registered. Licence as evidence (2) A licence or certificate of registration purporting to be signed by any person in his capacity as registrar of the association, shall be prima facie evidence that he is such registrar and of the facts certified. R.S.S. 1930, c.173, s.29; R.S.S. 1940, c.215, s.29. Payment of fees 30(1) Members shall pay on registration and annually such fee as is required by the bylaws of the association. (2) The names of those in default shall be removed from the register by order of the council after one month s notice by prepaid registered mail to the parties, and shall not be reinstated except upon payment of all arrears and of such fine, if any, as may be imposed under the bylaws of the association. R.S.S. 1930, c.173, s.30; R.S.S. 1940, c.215, s.30. Suspension or expulsion of members 31 The council may in its discretion reprimand, censure or fine any member or suspend or expel any member of the association in any of the following cases: (a) where any person entitled to be registered under sections 19, 20, and 21 has been, since the first day of May, 1920, convicted in Canada or elsewhere of any offence which, if committed in Canada, would be punishable under the criminal law by imprisonment for two years or more; (b) where a member is shown to have been guilty, after registration, either in His Majesty s Dominions or elsewhere of any offence which, if committed in Canada, would be punishable under the criminal law by imprisonment for two years or more; (c) where a member is shown to have been guilty, after registration, either in His Majesty s Dominions or elsewhere, of any unprofessional conduct, or of negligence or misconduct in the execution of the duties of his office, or of any breach of the provisions of this Act or of the bylaws of the association. R.S.S. 1930, c.173, s.31; R.S.S. 1940, c.215, s.31.

11 ENGINEERING PROFESSION c Removal of name from register 32(1) The council shall cause the name of any member so suspended or expelled to be erased from the register and shall forthwith cancel his licence, and may also direct that a name be erased in the following cases, namely: (a) at the request or with the written consent of the person whose name is to be erased; (b) where the name has been incorrectly entered. (2) When the council has caused the name of any person to be erased from the register, the name of that person shall not again be entered upon the register except in accordance with a resolution of the council or an order of a judge of the Court of King s Bench. (3) The council may by resolution direct the registrar to restore to the register any name removed therefrom either without fee or upon payment of such fee, not exceeding the fees in arrears or unpaid and one additional renewal fee as the council prescribes, and the registrar shall restore the name accordingly. R.S.S. 1930, c.173, s.32; R.S.S. 1940, c.215, s.32. Restoration of name 33 The name of a person erased from the register at his own request or with his consent shall, unless it might if not so erased have been erased by order of the council, be restored to the register on his application and upon payment of such fees not exceeding the fees in arrears of unpaid and one additional registration fee, as the council prescribes. R.S.S. 1930, c.173, s.33; R.S.S. 1940, c.215, s.33. Appeal from suspension 34 A member who has been suspended or expelled under section 31, may appeal to a judge of the Court of King s Bench as provided for in section 44. R.S.S. 1930, c.173, s.34; R.S.S. 1940, c.215, s.34. Complaint and investigation 35 Upon the receipt of a written complaint the council may, and upon a written application signed by three members of the association shall, appoint a committee of three of its members to make a preliminary inquiry into the facts regarding the conduct of any member as set out in section 31, and, if the facts justify a reference to the council for a more thorough and complete investigation, the committee shall make such reference and the council shall hold a full investigation, and it shall then acquit or convict the person of the offence charged, and administer in its discretion such disciplinary measures as are authorized by section 31. R.S.S. 1930, c.173, s.35; R.S.S. 1940, c.215, s.35.

12 12 c. 215 ENGINEERING PROFESSION Deposit by complainant 36 The council may, before undertaking an investigation, demand from the party making a complaint a reasonable amount as a deposit to cover the costs and expenses of the investigation, and, if the complaint is found to be frivolous or vexatious, such deposit may be applied to cover the expenses of the investigation; otherwise the deposit shall be returned to the party making it. R.S.S. 1930, c.173, s.36; R.S.S. 1940, c.215, s.36. Costs 37(1) If, as the result of an investigation, a member of the association is suspended or the name of a member is erased from the register, the council may direct that the costs of and incidental to the investigation, including fees payable to solicitors, counsel and witnesses, or any part of such costs, shall be paid by such member. (2) If, as the result of an investigation, the name of a member, which has been erased from the register, is restored thereto, or if a member is acquitted of any charge made against him, the council may direct that the costs, or any part thereof, shall be paid by the association, unless the investigation was held at the instance of the accused. (3) The costs shall be taxed by the local registrar of the Court of King s Bench at Regina, on the King s Bench scale, and upon his certificate execution may issue as upon a judgment in an action in such court. R.S.S. 1930, c.173. s.37; R.S.S. 1940, c.215, s.37. Legal and other assistance 38 The council may, for the execution of its duties, employ at the expense of the association such legal or other assistance as it thinks necessary, and the person whose conduct is the subject of inquiry shall have the right to be represented by counsel. R.S.S. 1930,c.173, s.38; R.S.S. 1940, c.215, s.38. Time and place of investigation 39 Every meeting of a committee or of the council for the purpose of investigating any charge or complaint shall be held at a time and place convenient for all parties concerned. R.S.S. 1930, c.173, s.39; R.S.S. 1940, c.215, s.39. Service of notice 40 At least one week before the meeting a notice shall be served upon the person whose conduct is the subject of inquiry. The notice shall embody a copy of the charges made against such person or a statement of the subject matter of the inquiry, and shall also specify the time and place of the meeting. R.S.S. 1930, c.173, s.40; R.S.S. 1940, c.215, s.40.

13 ENGINEERING PROFESSION c Administration of oaths 41 The testimony of witnesses shall be taken under oath, which the chairman or president respectively of the committee or council is hereby authorized to administer, and all witnesses called may be cross-examined and evidence adduced in defence and reply. R.S.S c.173, s.41; R.S.S. 1940, c.215, s.41. Subpœna of witnesses 42 For the purpose of procuring the attendance and evidence of a witness before the council, a judge of the Court of King s Bench may, on the application of a party to the inquiry, order the registrar or any local registrar of the Court of King s Bench to issue a writ of subpœna ad testificandum or a writ of subpœna duces tecum, and the rules of evidence on the inquiry, and the proceedings and penalties in the case of disobedience to such writ, shall be the same as obtain in civil cases in the said court. R.S.S. 1930, c.173. s.42; R.S.S. 1940, c.215, s.42. Non-appearance of accused 43 In the event of the non-attendance of a person whose conduct is the subject of inquiry, the council may, upon proof of personal service of the notice of meeting, which proof may be by statutory declaration, proceed with the inquiry and without further notice to such person take any action authorized under this Act. R.S.S. 1930, c.173, s.43; R.S.S. 1940, c.215, s.43. Appeal to King s Bench 44 A person whose name has been ordered to be erased from the register or who has been suspended or expelled may appeal from the decision of the council to a judge of the Court of King s Bench at any time within three months from the date of the order; and the judge may, upon hearing the appeal, make such order as to the restoration of the name so erased or confirming such erasure, or for reinstatement of the member who has been suspended or expelled, or for further inquiries by the council into the facts of the case and as to costs, as shall be just. R.S.S c.173, s.44; R.S.S. 1940, c.215, s.44. Procedure on appeal 45 The appeal may be by motion, notice of which shall be served upon the registrar of the association, and shall be founded upon a copy of the proceedings before the committee, the evidence taken and the order of the council in the matter, certified by the registrar; and the registrar shall, upon the request of any person desiring to appeal, furnish him with a certified copy of all proceedings. reports, orders and papers upon which the council acted in making the order complained of. R.S.S. 1930, c.173, s.45; R.S.S. 1940, c.215, s.45.

14 14 c. 215 ENGINEERING PROFESSION Trial de novo 46(1) In lieu of making an order under section 44, the judge may, on the application of either party, proceed by way of a trial de novo, in whole or in part, in which case any of the parties to the appeal may call witnesses and adduce evidence, whether such witnesses were called or evidence adduced at the hearing before the council or not, either as to the credibility of any witness or as to any other fact material to the inquiry, or to those issues which the judge is to try. (2) Any evidence material to the inquiry or to the issues which the judge is to try, taken before the council, certified by the president, or, in case it was taken in shorthand, certified by the stenographer, may he read on such appeal, and shall have the like force and effect as if the witness were there examined, if the court appealed to is satisfied by affidavit or otherwise that the personal presence of the witness cannot be obtained by any reasonable efforts. (3) The judge hearing the appeal shall be absolute judge both of the facts and the law. (4) Where the whole subject matter of the inquiry is tried de novo, there shall be an appeal to the Court of Appeal from an order or decision of the judge. Where only a part is so tried, there shall be no appeal except by leave of the trial judge or the Court of Appeal. R.S.S. 1930, c.173, s.46; R.S.S. 1940, c.215, s.46. Action against council barred 47 No action shall lie against the council or committee for any proceedings taken or judgments given or enforced under the disciplinary provisions of this Act. R.S.S. 1930, c.173, s.47; R.S.S. 1940, c.215, s.47. Services of notices and documents 48(1) All notices and documents required to be sent by or for the purposes of this Act, excepting the notices and demands referred to in sections 40, 42 and 45, of which personal service shall be made, may be sent by registered post, prepaid, and shall be deemed to have been received at the time when the letter containing the same would be delivered in the ordinary course of the mail; and in proving such sending, it shall be sufficient to prove that the letter containing the notices or documents was prepaid and properly addressed and registered and put in the post. (2) Notices and documents when sent to the council or other authority, shall be deemed to be properly addressed, if addressed to an officer of the council at his principal place of business, or a person authorized by the council to receive them at his principal place of business, and, when sent to a person registered under this Act, shall be deemed to be properly addressed to him according to his address on the register of the association. R.S.S. 1930, c.173. s.48; R.S.S. 1940, c.215, s.48. Execution of deeds 49 All deeds of the association shall be signed by the president and the secretary treasurer and sealed with the seal of the association. R.S.S. 1930, c.173, s.49; R.S.S. 1940, c.215, s.49.

15 ENGINEERING PROFESSION c Disposal of fees 50(1) All moneys arising from fees payable on registration or from the annual fees or from the sale of copies of the register or otherwise shall be paid to the secretary treasurer of the council to be applied in accordance with such regulations as may be made by the council towards defraying the expenses of registration and the other expenses of the administration of this Act, and subject thereto towards the support of museums, libraries, or lectureships or for other public purposes connected with the profession of engineering or toward the promotion of learning and education in connection with professional engineering. (2) The council may invest in the name of the association any sum not so applied, in such securities as shall be approved by the Lieutenant Governor in Council, and may change the same at will, and any income derived from such investments shall be added to and considered as part of the orinary income of the association. R.S.S. 1930, c.173, s.50; R.S.S. 1940, c.215, s.50. Maximum fees 51 Nothing in this Act shall authorize the association to impose any larger fees than the following: Admission to practice... $25.00 Member s annual fee Fines R.S.S. 1930, c.173, s.51; R.S.S. 1940, c.215, s.51. SEAL Engineer s seal 52 Every engineer registered in accordance with the provisions of this Act shall have a seal, the expression of which shall contain the name of the engineer, his place of business and the words Professional Engineer, Saskatchewan, with which he shall stamp all working drawings and specifications, plans and official documents issued from his office for use in Saskatchewan. R.S.S. 1930, c.173, s.52; R.S.S. 1940, c.215, s.52.

16 16 c. 215 ENGINEERING PROFESSION PROHIBITIONS AND PENALTIES Unauthorized persons practising as engineers 53 A person who, not being an engineer and registered and the holder of a licence under this Act: (a) practises as a professional engineer; (b) usurps the functions of an engineer; (c) assumes verbally or otherwise the title of professional engineer, or makes use of any abbreviation thereof, or of any name, title or designation which may lead the public to the belief that he is a professional engineer of the Province of Saskatchewan or a member of the association; (d) acts in such manner as to lead to the belief that he is authorized to fill the office of or act as a professional engineer; shall be guilty of an offence and liable on summary conviction to a fine not exceeding $100 for the first offence and not exceeding $200 for every subsequent offence, or, in the case of continuing offence, to a fine of not less than $25 nor more than $100 per day during the continuance of the offence, and he shall be incapable of recovering any fees, rewards or disbursements for any service rendered by him as such engineer. R.S.S. 1930, c.173, s.53; R.S.S. 1940, c.215, s.53. Illegal advertising 54(1) No unregistered person shall advertise, use or display any sign, card or other device representing to the public that he is a professional engineer or a person entitled to practise as a professional engineer, or hold himself out to the public to be a professional engineer. (2) No person shall advertise, use or display any sign, card or other device representing that he is entitled to practise as professional engineer in Saskatchewan unless he is a bona fide resident of the province. (3) Every person who violates any of the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding $25 for the first offence, and not exceeding $100 for any subsequent offence, and, in the case of a continuing offence, to a fine not exceeding $25 per day during the continuance of the offence. R.S.S. 1930, c.173, s.54; R.S.S. 1940, c.215, s.54. False and fraudulent representations 55 Any person wilfully procuring or attempting to procure himself to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, and every person knowingly aiding and assisting him therein, shall be guilty of an offence and liable on summary conviction to a fine of not less than $50 nor more than $200. R.S.S. 1930, c.173, s.55; R.S.S. 1940, c.215, s.55.

17 ENGINEERING PROFESSION c Penalty 56 If the registrar makes or causes to be made any willful falsification in any matter relating to the register, he shall be guilty of an offence and liable on summary conviction to a fine of not less than $100 nor more than $200. R.S.S. 1930, c.173, s.56; R.S.S. 1940, c.215, s.56. Limitation of prosecutions 57 No prosecution shall be commenced for an offence against this Act after the expiration of two years from the date of the alleged offence. R.S.S. 1930, c.173, s.57; R.S.S. 1940, c.215, s.57. Onus of proof 58 In a prosecution under this Act the burden of proving registration shall rest upon the accused. R.S.S. 1930, c.173, s.58; R.S.S. 1940, c.215, s.58. Registrar s certificate as evidence 59 A certificate of the registrar under the seal of the association shall be prima facie evidence of registration or non-registration. MISCELLANEOUS R.S.S. 1930, c.173, s.59; R.S.S. 1940, c.215, s.59. Exception as to architects and surveyors 60 Nothing in this Act shall apply to anyone registered as an architect under The Saskatchewan Architects Act; and nothing in this Act shall apply to any Dominion or Saskatchewan land surveyor practising his profession; provided, however, that such architect or surveyor shall not style or hold himself out as a professional engineer unless he is also registered and licensed under the provisions of this Act. R.S.S. 1930, c.173, s.60; R.S.S. 1940, c.215, s.60. His Majesty s forces 61 This Act shall not apply to a member of His Majesty s naval, military or air forces while actually employed on duty with any of such forces. R.S.S. 1930, c.173, s.61; R.S.S. 1940, c.215, s.61. Act not to apply to work under value of $10, Nothing herein contained shall apply to work done by a person on his own property for the sole use of himself and his domestic establishment; and nothing herein contained shall be construed as prohibiting any person from designing, constructing or installing appliances, works or plants of a value not exceeding $10,000, if the safety of the general public is not involved. R.S.S. 1930, c.173, s.62; R.S.S. 1940, c.215, s.62.

18 18 c. 215 ENGINEERING PROFESSION Assistants under supervision of engineer 63 Assistants working under the direct supervision of a professional engineer and not taking responsibility for their work other than to their immediate superiors shall not be deemed to be practising as professional engineers when so engaged. R.S.S. 1930, c.173, s.63; R.S.S. 1940, c.215, s.63. Engineer employed in two provinces 64(1) A person who is employed as a professional engineer by a public service corporation, a private corporation, public utilities company or government department, whose business is normally carried on in two or more of the provinces of Canada, and who is by reason of his employment required to practise as a professional engineer in other provinces than that of his residence, may so practise in Saskatchewan without a licence and without payment of fee, upon producing credentials satisfactory to the council showing that he is a registered member of an association of engineers similarly constituted in some other province of Canada, whereupon he shall be granted a permit to practise. (2) Any person engaging in the practice of engineering as aforesaid, without such permit, shall be guilty of an offence and liable on summary conviction to a fine of not more than $10 per day during the continuance of the offence. R.S.S c.173, s.64; R.S.S. 1940, c.215, s.64. Returns to Lieutenant Governor in Council 65 The secretary shall, whenever required by the Lieutenant Governor in Council so to do, transmit to the Provincial Secretary a certified return under the seal of the association setting forth all such information and particulars relating to the association as he may from time to time require. R.S.S. 1930, c.173. s.65; R.S.S. 1940, c.215, s.65. SCHEDULE A (Section 2, par. 5) Transportation work, roads, railways, waterways and all detail works connected therewith, such as bridges, tunnels, yards, docks, lighthouses, rolling stock and vessels, also aeroplanes, airships and airports. Public utility works, such as telegraph systems, telephone systems, electric light systems, waterworks, gasworks, irrigation works, drainage works, sewerage works and incinerators. Mechanical works, such as steam boilers, engines, turbines, condensers, pumps, internal combustion engines, and other motive power machinery and accessories. Electrical machinery and apparatus and works for the development, transmission and application of all forms of electrical energy.

19 ENGINEERING PROFESSION c Mining and metallurgical works, such as mining properties, mine and concentrator machinery and apparatus, oil and gas wells, smelters, cyanide plants, acid plants, metallurgical machinery, equipment and apparatus, and works necessary for the economical winning or preparation of metals, minerals or rocks. All buildings and structures necessary for the proper housing or operation of the above mentioned works, where such buildings are accessory to such works, but not including administration buildings or telephone exchanges, breweries, factories, warehouses, or such other buildings as are usually designed by architects. The mechanical, electrical, chemical, electro-chemical mining, or metallurgical treatment of the inorganic elements and combinations thereof for all industrial purposes. Investigations relating to the examination, exploration and development of rocks and minerals, mineral deposits, rock structures, oil and gas structures, and the application of geology to the industries of arts or to engineering.

20 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER