Introduction to the Act

Transcription

1 Introduction to the Act The Act is passed by Provincial Legislation. The Gov t of Saskatchewan has jurisdiction over professions. The act by itself is not useful. It must be enforced through the Regulatory Bylaws. APEGS is self regulated and self administered under the act, through the Administrative Bylaws. APEGS is self regulated and self administered under the act. It has regulations which specify how to enforce the act. Cost of administration is assumed by the members The Act established the framework to accomplish the self-regulation The Act defines the practice of Engineering and Geoscience and allows exceptions It purpose is to ensure that engineering outcomes are designed, built, created etc. by qualified and competent practitioners Exceptions are defined to avoid conflicts with or place undue restrictions on other qualified groups to practice their trade or profession. The Act Establishes the Association of Professional Engineers and Geoscientists of Saskatchewan as a legal entity and defines their scope and responsibilities. (3) Established APEGS as a legal entity and defines their scope and responsibilities. The Purpose of the Act To ensure that engineering works are designed and built by qualified and competent practitioners. The Act Defines the practice of professional engineering (Section 2(m)) ~ It means any act of planning, designing, composing, measuring, evaluating, inspecting, advising, reporting, directing or supervising, or managing any of the forgoing, that requires the application of engineering principles and that concerns the safeguarding of life, health property, economic interests, the public interest or the environment. 1

2 The Act Defines the practice of professional geoscience (Section 2(n)) It 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: the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, precious stones, water or other natural resources; or the investigation of surface or sub-surface geological conditions; The Act Defines the professional engineer (2(o)) and professional geoscientist (2(p)) professional engineer ~ means an individual who is registered with the association as a professional engineer; professional geoscientist ~ means an individual who is registered with the association as a professional geoscientist; Objectives of the Association (5) To ensure the proficiency and competence of members in order to safeguard the public interest To enforce / administer the act To promote and improve the proficiency and competence of the profession To foster the practice of professional engineering and geoscience in a manner that is in the public's interest. Governance by the Council the Council of the Association (9) consists of no less than 10 elected members no less than 4 P.Eng.s and no less than 2 P.Geo.s Plus 2 Public Appointees (10), 1 a member of the investigation committee9 (31) and 1 a member of the discipline committee (33) Can be modified by Bylaws (per 15, 16(g), 17) Bylaws Spell out how to enforce the act. Two types: Regulatory (16.2) Administrative (16.1) 2

3 Regulatory Bylaws (needs to be approved by the minister after approval at an annual meeting) Section 16(2) Competency exams Issue of licenses Membership Setting standards of conduct Administrative Bylaws (can be approved by council) Section 16(1) Location of office Seals Documents Financial affairs of APEGS Setting of fees ~ Changes in Bylaws: ~ Approval of three quarters of the councillors ~ Valid only until the next annual meeting or special meeting after which it may confirmed or rejected at that time. NOTE: Sections 15(8) and (17) ~ No regulatory bylaw made by council or the association comes into force until it is Approved by the minister (Department of Highways!!) Published in the Gazette (official publication of the legislature) Membership (Section 18) ~ Three types of licenses ~Annual ~Restricted ~Temporary licenses Seals (Section (21)) Licensee is entitled in accordance to the bylaws, to sign and seal final drawings, specifications, plans, reports and other documents prepared by him or her Take this very seriously! 3

4 Protection of the Title No person other than a professional engineer shall use the title Professional Engineer, Engineer, Consulting Engineer or the abbreviation P. Eng. either alone or in combination with any other word, title or designation. Abbreviated or otherwise, to imply that he or she is a professional engineer. Protection of the Title If someone calls themselves engineers, we cannot go to the government because we are a self regulating body. We must take others to court, not the government. The association prefers to use persuasion rather than legal means The Act Allowed Exceptions (Section 28) Exceptions are generally defined to avoid conflict with, or place undue restrictions on other qualified groups to practice their trade or profession. The Act Allowed Exceptions (Section 28) Exceptions to the scope of practice ~ Military - not required to register ~ A person from designing, constructing or installing appliances, works or plants of a total value of < $30,000. (Working on your own property, for example) ~ Technologists/ Technicians ~ Etc. Discipline (Section (29)) Professional Incompetence is a question of fact, but the display by a member of: ~ a lack of knowledge, skill or judgment; or ~ a disregard for the welfare of members of the public served by the profession; Discipline (Section (29)) Professional Incompetence is a question of fact, but the display by a member of: ~ a nature or to an extent that demonstrates that the member is unfit to continue in the practice of the profession, is professional incompetence within the meaning of this Act. 4

5 Discipline (Section (30)) Professional misconduct is a question of fact, but any matter, conduct or thing whether or not disgraceful of dishonourable, is professional misconduct within the meaning of this Act if: ~ it is harmful to the best interests of the public or the members: ~ it tends to harm the standing of the profession: Discipline (Section (30)) ~ it is a failure to comply with an order of the investigation committee, the discipline committee or the council. ~ it is a breach of the Act or the Bylaws: or an investigation committee (section (32)) is struck and if action is required, it then makes a recommendation to the discipline committee. the discipline committee (Sections (33,34)) is a quasi- judicial group with powers to subpoena, take evidence under oath and can impose penalties. (cont d) A process of mediation is usually followed before the discipline committee is established. If an individual is involved in a violation of the Criminal code of Canada, the member can be expelled. APEGS is run primarily by volunteers. As such volunteers are protected if due diligence is followed in all procedures. Regulatory Bylaws make the association work!!! (cont d) determines (in part) requirements for membership / registration / licensing (Bylaws: 20, section(b)8-12) 5