The Engineering and Geoscientific Professions

Act
Table of Contents

(Assented to June 29, 1998)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of
Manitoba, enacts as follows:
PART 1
DEFINITIONS
Definitions
1

In this Act,
"association" means the Association of Professional Engineers and Geoscientists
of the Province of Manitoba; ( Association )
"by-laws" means by-laws of the association; ( rglements administratifs )
"certificate of authorization" means the certificate issued under the seal of the
association certifying that a partnership, corporation, or other legal entity is
entitled to practice professional engineering or professional geoscience within the
province through partners or employees who are members, temporary licensees or
specified scope of practice licensees; ( certificat d'autorisation )
"certificate of registration" means the certificate issued under the seal of the
association certifying that a member is entitled to practice professional
engineering or professional geoscience within the province; ( certificat
d'inscription )
"council" means the council of the association; ( conseil )
"court" means the Court of Queen's Bench; ( tribunal )
"engineer-in-training" means a natural person who has been enrolled by the
association as an engineer-in-training and whose name is shown on the
association's register of engineers-in-training; ( ingnieur en formation )
"geoscientist-in-training" means a natural person who has been enrolled by the
association as a geoscientist-in-training and whose name is shown on the
association's register of geoscientists-in-training; ( goscientifique en
formation )

"holder of a certificate of authorization" means a partnership, corporation or

other legal entity other than a natural person that holds a valid and subsisting
certificate of authorization; ( titulaire d'un certificat d'autorisation )
"member" means a natural person who holds a valid and subsisting certificate of
registration and whose name is entered on the register of the association as a
professional engineer or professional geoscientist; ( membre )
"person" means a natural person, partnership, corporation, unincorporated
association, unincorporated organization, trustee, executor, administrator or other
legal personal representative of a natural person; ( personne )
"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'ingnieur )
"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 goscientifique )
"president" means the president of the association; ( prsident )
"professional engineer" means any natural person who holds a valid certificate
of registration or temporary licence entitling him or her to practice as a
professional engineer; ( ingnieur )
"professional geoscientist" means any natural person who holds a valid
temporary licence or certificate of registration entitling such person to practice as
a professional geoscientist; ( goscientifique )
"public interest" means the well-being, convenience and concern of the public at
large; ( intrt public )
"register" means the written, printed or computer readable document recording
the name, status and disciplinary history of every current and former member,
temporary licensee, holder of a certificate of authorization, specified scope of
practice licensee, engineer-in-training and geoscientist-in-training; ( registre )
"registrar" means the registrar of the association; ( registraire )
"secretary" means the secretary-treasurer of the association; ( secrtaire )
"specified scope of practice licence" means the certificate issued under the seal
of the association to a natural person certifying that the holder has been licensed

to practice professional engineering or professional geoscience within the scope,

and subject to the restrictions, specified in the specified scope of practice licence;
( permis d'exercice limit )
"student" means a natural person who is registered in an accredited engineering
or geoscience program at a Manitoba university, who has been enrolled by the
association as a student and whose name is entered on the association's register of
students; ( tudiant )
"temporary licence" means the certificate issued under the seal of the
association certifying that a non-resident natural person has been licensed to
temporarily practice professional engineering or professional geoscience within
the province; ( permis temporaire )
"temporary licensee" means a natural person who holds a valid and subsisting
temporary licence. ( titulaire d'un permis temporaire )
PART 2
ASSOCIATION OF PROFESSIONAL ENGINEERS AND
GEOSCIENTISTS
Association continued
The Association of Professional Engineers of the Province of Manitoba is
continued as a body corporate under the name "Association of Professional Engineers
and Geoscientists of the Province of Manitoba".
2

Purpose of association
The purpose of the association is to govern and regulate the practice of
professional engineering and professional geoscience in the Province of Manitoba.
3

Head office
4

The head office of the association shall be in the Province of Manitoba.

Membership
The membership of the association shall consist of the persons who hold valid
and subsisting certificates of registration and whose names are, from time to time, entered
on the register of the association as professional engineers or as professional
geoscientists.
5

Powers of association
6

The association may

(a) acquire by purchase, lease, gift, devise, bequest or otherwise, and sell,
mortgage, lease or dispose of property, real or personal;

(b) invest any moneys belonging to it in investments and securities as though the
association were a trustee for the money; and
(c) borrow money for the purposes of the association and mortgage or charge
property of the association as security for the money so borrowed.
PART 3
COUNCIL AND ELECTION OF COUNCILLORS
Constitution of council
7

There shall be a council of the association consisting of

(a) the president, if not included in the councillors elected under clause (d);
(b) the vice-president;
(c) the immediate past president if not included in the councillors elected under
clause (d);
(d) not fewer than seven councillors, comprising both professional engineers and
professional geoscientists, elected as provided for hereinafter or by by-law; and
(e) not fewer than two councillors who are resident within the province and are
not professional engineers or professional geoscientists, appointed as hereinafter
provided.

Elected councillors
Each elected councillor shall be a resident of Manitoba elected from among the
members for a term of two years, or portion thereof as prescribed by the by-laws, and any
councillor may be re-elected for a second and third term, but is not eligible for election
for a fourth or subsequent term until at least one term has elapsed after the expiry of the
last previous term of office as councillor.
8(1)

Appointed councillors
Appointed councillors shall be residents of Manitoba appointed by a committee
composed of
8(2)

(a) the dean of the faculty of engineering at the University of Manitoba;

(b) the immediate past-president of the association, who shall serve as chair of the
committee;
(c) the provincial ombudsman; and
(d) the Minister of Labour and Immigration;
and each shall be appointed for a term of two years and may be re-appointed for a second
or third term as councillor, but is not eligible to be appointed for a fourth or subsequent

term of office as a councillor unless at least one term has elapsed since the expiry of the
last previous term of office as councillor.
Time of appointment
The committee described in subsection (2) shall, at least one week before the
day set for the election of elected councillors in any year, meet and appoint the required
number of appointed councillors for the ensuing term.
8(3)

Effect of absence from meetings

Where a councillor fails to attend three successive regular meetings of the
council, he or she thereupon ceases to be a councillor, unless the absence has been
excused by resolution of the council.
8(4)

Filling vacancies
In case of a vacancy on the council caused by the death, resignation, removal
under subsection (4) or resulting from any other cause,
8(5)

(a) if the councillor whose position is to be filled was a councillor elected under
subsection (1), such vacancy will be filled in accordance with the by-laws of the
association; and
(b) if the councillor whose position is to be filled was a councillor appointed
under subsection (2), a meeting of the committee referred to in such subsection
shall be convened and a replacement councillor appointed to fill the vacancy.
S.M. 2001, c. 43, s. 42.

Powers of council
The council shall exercise, in the name and on behalf of the association, any and
all of the powers, authority and privileges conferred on the association by this Act or any
other Act and, without restricting the generality of the foregoing, the council
9(1)

(a) shall govern the association and administer its affairs; and
(b) may provide for the appointment of committees and appoint councillors,
members of the association or other persons to the committees, and confer upon
the committees so appointed power and authority to act for the council in, and in
relation to, such matters as it may deem expedient and, fix the quorum of the
committees for the transaction of their business.
Delegation of authority
The council may delegate to a committee any power, authority or duty granted
to or imposed upon the council under this Act, including, without limiting the generality
of the foregoing, the powers, authority and duties granted to or imposed upon the council
under Part 10, and where a committee exercises any power or authority or performs any
duty delegated to it under this subsection, the provisions of this Act apply mutatis
9(2)

mutandis to any act or decision of the committee as though it was the act or decision of
the council.
Validity of council's acts
Notwithstanding that there may be some cause for disqualification or some
defect in the election or appointment of any councillor or councillors, all acts of council
or any committee shall be as valid as if all had been regularly elected or appointed and
were at all times qualified to act.
10

PART 4
CODE OF ETHICS AND BY-LAWS
Establishment of code of ethics
The council shall prepare and publish from time to time a code of ethics
containing standards of conduct pertaining to the practice of professional engineering and
of professional geoscience designed for the protection of the public.
11(1)

Application of code of ethics

All members, temporary licensees, holders of certificates of authorization,
engineers-in-training, geoscientists-in-training and specified scope of practice licensees
shall subscribe to and shall follow this code of ethics in the practice of professional
engineering or the practice of professional geoscience.
11(2)

By-laws
12(1)

The association may make, vary or revoke by-laws not inconsistent with this

Act
(a) respecting the management of the business and affairs of the association and
its property, including the location of the head office of the association, and the
appointment of the secretary, registrar and other staff, the delegation of powers
and authority to the secretary, registrar and staff and the setting of their duties and
remuneration;
(b) respecting the election of members of the association to council and the filling
of vacancies;
(c) regulating the meetings and proceedings of the association and the council and
all matters pertaining thereto;
(d) providing for the establishment, dissolution and administration of chapters,
regional groups and ancillary bodies and the delegation to them of those powers
and authority as the council sees fit;
(e) providing for the establishment of standards and qualifications for enrolment
as an engineer-in-training or a geoscientist-in-training;

(f) respecting the establishment of programs of training for an engineer-in-training

or a geoscientist-in-training;
(g) respecting the qualification and examination of candidates for registration as
professional engineers or as professional geoscientists;
(h) respecting the amounts and terms relating to the posting of cash deposits by
persons appealing any decision of the registration committee;
(i) providing for the establishment of standards and qualifications to be met and
maintained by temporary licensees and specified scope of practice licensees;
(j) respecting the establishment and maintenance of standards of professional
practice and of compulsory continuing development programs for members,
temporary licensees, engineers-in-training, geoscientists-in-training and specified
scope of practice licensees;
(k) respecting the establishment of procedures for monitoring participation in
compulsory continuing development programs by members, temporary licensees,
engineers-in-training, geoscientists-in-training and specified scope of practice
licensees;
(l) prescribing fines and penalties for failure to participate in compulsory
continuing development programs;
(m) establishing classifications of membership and providing for the enrollment
and registration of students by the association;
(n) establishing fees and dues to be paid by members, holders of certificates of
authorization, temporary licensees, specified scope of practice licensees,
engineers-in-training, geoscientists-in-training and applicants to the association;
(o) respecting the election of officers of the association;
(p) respecting the appointment and remuneration of and defining the duties of the
officers, councillors, committees, and employees of the association;
(q) prescribing fines and penalties for default in payment of fees and dues and
terms of re-admission to the privileges of the association;
(r) respecting the government and discipline of members, holders of certificates of
authorization, temporary licensees, specified scope of practice licensees,
engineers-in-training and geoscientists-in-training including, but not limited to,
the reprimand, temporary suspension, indefinite suspension, acceptance of
undertakings, imposing of conditions on practice, directing additional study,
directing that a disability or addiction be overcome, directing counselling,
directing waiver, reduction or repayment of monies, imposition of fines and
cancellation of membership, licensing or enrolment of members, holders of
certificates of authorization, temporary licensees, specified scope of practice
licensees, engineers-in-training and geoscientists-in-training found to be guilty of

professional misconduct or unskilled practice of professional engineering or

professional geoscience, but subject to any right of appeal given by this Act;
(s) respecting the establishment and maintenance of the standards of professional
conduct and ethics by members, holders of certificates of authorization, temporary
licensees, specified scope of practice licensees, engineers-in-training and
geoscientists-in-training;
(t) respecting the procedures for dealing with complaints against members,
holders of certificates of authorization, temporary licensees, specified scope of
practice licensees, engineers-in-training and geoscientists-in-training;
(u) respecting the appointment of persons to the investigation committee and the
regulation of meetings and proceedings of the investigation committee;
(v) respecting the appointment of persons to the discipline committee and the
regulation of meetings and proceedings of the discipline committee;
(w) prescribing the circumstances and manner in which members, temporary
licensees, engineers-in-training, geoscientists-in-training, specified scope of
practice licensees and certificate holders must disclose that errors and omissions
insurance is not held or is not applicable;
(x) prescribing a schedule of suggested professional charges and salaries;
(y) regulating the group practice of professional engineering and of professional
geoscience;
(z) providing for the electronic validation or sealing and manual impression of the
seal on engineering documents;
(aa) respecting any other matters necessary in the administration of this Act.
By-laws may delegate
All by-laws may delegate to the council the authority to define specific details
through policies and procedures.
12(2)

Policies and procedures

The council may establish operating policies and procedures not inconsistent
with this Act or with any by-law of the Association
12(3)

(a) providing specific requirements for any aspect of the processes of governing,
regulating or advancing the practice of professional engineering or the practice of
professional geoscience in the public interest in the Province of Manitoba;
(b) providing details of the processes to be followed in implementing the
requirements of this Act, the by-laws of the association or any policy established
by council; and

(c) providing any other specific information required for the orderly and efficient
conduct of the work of the association.
Existing by-laws, policies and procedures
The by-laws of the association and the policies and procedures of council which
are in force on the coming into force of this Act continue in force until they are repealed
or amended in accordance with this Act.
12(4)

PART 5
ANNUAL AND SPECIAL MEETINGS
Annual meeting
The association shall hold an annual general meeting of the members once in
each year.
13(1)

Time and place

The annual general meeting of the members shall be held at such time and place
as may be established by by-law.
13(2)

Notice
The notice of the time and place of the annual general meeting of the members
shall be given in a manner provided by the by-laws.
13(3)

Special general meetings

The association may hold other general or special meetings of the members as
provided by the by-laws.
13(4)

PART 6
REGISTRATION, CERTIFICATION AND LICENCES
Registration committee
The council shall, in accordance with the by-laws, appoint a registration
committee to consider and decide upon applications for certificates of registration,
certificates of authorization, temporary licences, specified scope of practice licences and
enrolment as engineers-in-training or geoscientists-in-training.
14(1)

Criteria and standards

The council shall establish criteria and standards to be used by the registration
committee in
14(2)

(a) assessing the academic qualifications and engineering work experience;

(b) prescribing confirmatory,
examinations; and

exploratory,

proficiency

and

qualifying

(c) setting such other requirements as are not inconsistent with this Act and bylaws;
for applicants for certificates of registration, certificates of authorization, temporary
licences, specified scope of practice licences and enrolment as engineers-in-training or
geoscientists-in-training.
Qualifications for membership
No person is entitled to be registered as a professional engineer or as a
professional geoscientist, unless the person submits to the registration committee an
application in the prescribed form and evidence that the applicant
15(1)

(a) is a natural person at least 18 years of age;

(b) is academically qualified;
(c) has acquired sufficient relevant professional engineering work experience or
relevant professional geoscientific work experience;
(d) has successfully completed an approved program for engineers-in-training or
geoscientists-in-training or is otherwise qualified;
(e) has subscribed to and agreed to abide by the code of ethics of the association;
(f) has made payment of the dues and fees prescribed by the by-laws; and
(g) complies with such other terms and conditions as may be imposed in
accordance with this Act or the by-laws.
Members of other associations
Documented membership in good standing in an association of engineers and/or
professional geoscientists in any other jurisdiction may be accepted by the registration
committee as satisfying the requirements of clauses (1)(a), (b) and (c).
15(2)

Reinstatement
The council upon such grounds as it may deem sufficient and upon such terms
as it may deem proper, may reinstate a former member whose registration has been
cancelled under subsection 47(1).
15(3)

Group practice permitted

A partnership, corporation or other legal entity may, in its own name, practice
professional engineering or professional geoscience if
16(1)

(a) it has the requisite power and authority to engage in the practice of
professional engineering or professional geoscience;
(b) the practice of professional engineering or professional geoscience is carried
out by a professional engineer or professional geoscientist respectively under the

direction of a partner of the partnership, or a director or full-time employee of the

corporation or other entity, who is a member or temporary licensee;
(c) the practice of professional engineering or professional geoscience is subject
to the same standards of professional conduct as if the practice of professional
engineering or professional geoscience were provided by a member or temporary
licensee of the association; and
(d) such practice will not give rise to unauthorized practice or otherwise lead to
circumvention of this Act;
provided that such partnership, corporation or other legal entity, at the time it conducts
the practice of professional engineering or professional geoscience, is the holder of a
valid and subsisting certificate of authorization.
Qualifications for certificate of authorization
16(2)

No person is entitled to hold a certificate of authorization, unless such person

(a) is a partnership, corporation or other legal entity other than a natural person;
(b) submits to the registrar an application in the prescribed form containing
(i) evidence of the legal status of the partnership, corporation or other entity,
(ii) the name or names and addresses of the members or temporary licensees
who are designated by the holder of the certificate of authorization as being
in charge of the practice of professional engineering or of professional
geoscience on its behalf,
(iii) the identity of the person or persons whose responsibility it will be to
ensure that this Act and the by-laws are complied with by the holder of the
certificate of authorization, and
(iv) the address of its head office and any office in which the practice of
professional engineering and/or the practice of professional geoscience in
Manitoba will be carried out;
(c) pays such fees or dues as are prescribed by the by-laws;
(d) submits evidence of agreement to abide by the code of ethics prescribed by the
by-laws;
(e) complies with such requirements as the council, taking into account the public
interest, may establish from time to time respecting
(i) the amounts, terms and conditions of professional liability insurance
coverage to be maintained by a partnership, corporation or other legal entity,
(ii) alternatives to professional liability insurance coverage for a partnership,
corporation or other legal entity that provide coverage which is substantially

the same or greater than that which would be provided by professional

liability insurance for the legal entity, and
(iii) disclosure of the nature and extent of professional liability insurance
coverage or any alternative to such coverage maintained by a partnership,
corporation or other legal entity, or one or more of its partners, employees or
members,
and provides evidence of compliance as required by the council; and
(f) complies with such other terms and conditions as may be imposed in
accordance with this Act or the by-laws.
Waiver of insurance requirement
Notwithstanding clause (2)(e), after taking into account the public interest, the
council may waive the requirement to maintain professional liability insurance coverage
for a partnership, corporation or other legal entity that undertakes to restrict its practice to
providing professional geoscience services to the mining exploration industry.
16(2.1)

Continuance of certificate of authorization

The holder of a certificate of authorization shall, whenever there is a change in
the particulars given in its application under subclause (2)(b)(i), (ii) or (iii), give notice of
the change to the registrar within thirty days after the effective date of the change, and if
the holder of a certificate of authorization fails to comply with the above, the certificate
may be revoked by the registrar and the partnership, corporation, or other legal entity
shall not practise professional engineering or professional geoscience until a new
certificate of authorization is issued.
16(3)

Information to be updated
The holder of a certificate of authorization shall provide to the registrar a
current list of the information required under subclauses (2)(b)(ii) and (iii) at least
annually in the manner prescribed in accordance with the by-laws.
16(4)

Responsibility for practice

Each member and licensee whose name is shown on the application pursuant to
subclause (2)(b)(ii) or any notice of change thereof given to the association under
subsection (3) shall be obliged to respond, on behalf of the holder of the certificate of
authorization, to any complaint of misconduct against, or any breach of this Act or the
by-laws by, the holder of the certificate of authorization as if the act or omission
complained of or the breach was done or omitted to be done, as the case may be, by such
member or licensee.
16(5)

S.M. 2002, c. 9, s. 2.

Qualifications for temporary licence

A licence to engage temporarily in the practice of professional engineering or the
practice of professional geoscience within the province may be granted if the applicant
17

(a) is a professional engineer or professional geoscientist residing outside the

province; and
(b) is otherwise considered by the registration committee to be qualified to
practice professional engineering or professional geoscience within the province.
Qualifications for specified scope of practice licence
A specified scope of practice licence to engage in the practise of professional
engineering or the practice of professional geoscience within the province, and within the
scope and subject to the restrictions specified in such practice licence, may be granted if
the applicant
18

(a) is a natural person at least 18 years of age;

(b) submits evidence to the registration committee that the applicant meets such
requirements as the council may from time to time prescribe for such class of
applicant;
(c) submits evidence to the registration committee that the applicant has
subscribed to and agreed to abide by the code of ethics of the association;
(d) pays the dues and fees prescribed by the by-law; and
(e) complies with such other terms and conditions as may be imposed in
accordance with this Act or the by-laws.
Qualifications for enrolment as an engineer-in-training or geoscientist-in-training
An applicant may be enrolled as an engineer-in-training or a geoscientist-intraining if the applicant
19

(a) is a natural person at least 18 years of age;

(b) submits evidence to the registration committee that the applicant is
academically qualified;
(c) submits evidence to the registration committee that the applicant has agreed to
abide by the code of ethics of the association;
(d) pays the dues and fees prescribed by the by-laws; and
(e) complies with such other terms and conditions as may be imposed in
accordance with this Act or the by-laws.
Application not approved
If the registration committee does not approve an application for a certificate of
registration, certificate of authorization, temporary licence, specified scope of practice
licence or enrolment as an engineer-in-training or geoscientist-in-training, it shall give
notice to the applicant in writing, with reasons for its decision, and shall advise the
20

applicant of the applicant's right to appeal the decision of the registration committee to
the council.
Appeal to council
A person whose application for a certificate of registration, certificate of
authorization, temporary licence, specified scope of practice licence or enrolment as an
engineer-in-training or geoscientist-in-training is not approved by the registration
committee may, by notice in writing within 30 days of receipt of a notice of refusal,
appeal the decision of the registration committee to the council, specifying the reasons for
the appeal.
21(1)

Deposit to accompany notice of appeal

Each notice of appeal shall be accompanied by a cash deposit in such amount as
may be prescribed in the by-laws, but not to exceed $1,000.
21(2)

Hearing
On receipt of a notice of appeal under this section, accompanied by a cash
deposit, the council shall schedule a hearing of the applicant's appeal to be held within 90
days after receipt of the notice of appeal by the council.
21(3)

Notification of hearing
21(4)

An applicant who appeals a decision of the registration committee under this

section
(a) shall be given notice in writing by the council of the date, place and time of the
hearing; and
(b) is entitled to appear with or without counsel and make representations to the
council at the hearing.
Participation by member of registration committee
A member of the registration committee who is also a member of the council
may participate in the appeal but shall not vote on a decision under this section.
21(5)

Decision by council
On considering an appeal under this section, the council may make any decision
the registration committee could have made and shall give notice of its decision to the
applicant in writing.
21(6)

Application not approved by council

A person whose appeal is refused by the council shall be given, together with
the notice referred to in subsection (6) hereof, reasons for council's decision and shall be
advised of the applicant's right to appeal the decision of the council to the court.
21(7)

Appeal to court

A person whose application for a certificate of registration, certificate of

authorization, temporary licence, specified scope of practice licence or enrolment as an
engineer-in-training or geoscientist-in-training is refused by the council may appeal the
decision to the court by filing a notice of appeal within 30 days of receipt of a notice of
refusal.
22(1)

Powers of court
The court on hearing an appeal may

22(2)

(a) make any decision that in its opinion should have been made; or
(b) refer the matter back to the council for further consideration in accordance
with any direction of the court.
Deposit to be returned
The deposit shall be returned to the applicant at the conclusion of any appeal
process unless the council or the court orders that the deposit be forfeited in whole or in
part, as it sees fit.
23

PART 7
DUES
Annual dues
Each member, holder of a certificate of authorization, temporary licensee,
specified scope of practice licensee, engineer-in-training and geoscientist-in-training shall
pay in advance to the secretary, or any person deputed by the council to receive the dues,
such annual dues as may be prescribed by the by-laws of the association and the dues are
a debt due by the member, holder of a certificate of authorization, temporary licensee,
specified scope of practice licensee, engineer-in-training and geoscientist-in-training and
are recoverable by the association in any court of competent jurisdiction.
24(1)

Penalty for non-payment

Where a member, holder of a certificate of authorization, temporary licensee,
specified scope of practice licensee, engineer-in-training or geoscientist-in-training omits
to pay the prescribed annual dues within three months of the day upon which payment
becomes due, the registrar shall cause the name of the member, holder of a certificate of
authorization, temporary licensee, specified scope of practice licensee, engineer-intraining or geoscientist-in-training to be removed from the register but, at any time
thereafter, upon complying with the by-laws relative thereto, the member or holder of a
certificate of authorization, temporary licensee, specified scope of practice licensee,
engineer-in-training or geoscientist-in-training is entitled to make application to be
reinstated.
24(2)

Appeal

Notwithstanding the provisions of subsection (2), any member, holder of a

certificate of authorization, temporary licensee, specified scope of practice licensee,
engineer-in-training, or geoscientist-in-training whose name has been removed from the
register, may by notice in writing to the registrar, appeal such action to the council.
24(3)

Power on appeal
On an appeal under this section, the council may confirm or reverse the removal
from the register, or reinstate the registration of the member, holder of a certificate of
authorization, temporary licensee, specified scope of practice licensee, engineer-intraining, or geoscientist-in-training upon such terms as in the opinion of the council are
appropriate.
24(4)

PART 8
SEAL
Extended definitions
25

In this Part,
"electronic seal" means the form of identification issued by the association to
any member to be used in the electronic validation of documents in computer
readable form; ( sceau lectronique )
"manual seal" means the form of identification issued by the association to any
member containing the name of the member and the words "Registered
Professional Engineer, Province of Manitoba" or "Registered Professional
Geoscientist, Province of Manitoba"as the case may be, to be manually impressed
onto physical documents; ( sceau manuel )
"seal" means either an electronic seal or a manual seal. ( sceau )

Seal by members
Every member shall be issued an electronic seal, a manual seal or both an
electronic seal and a manual seal and the member shall validate or impress his or her seal,
as prescribed by the by-laws, on every engineering or geoscientific estimate,
specification, report, working drawing, plan and other engineering document issued by
the member.
26(1)

Ownership of seal
Each seal issued by the association shall remain the property of the association
and shall be returned to the registrar upon the suspension or cancellation of registration or
removal from the register for any reason.
26(2)

Seal by temporary licensees

Every temporary licensee shall validate or impress on every engineering or
geoscientific estimate, specification, report, working drawing, plan and other document
issued by the temporary licensee the seal issued to him or her by the association of which
26(3)

the temporary licensee is a member and comply with such other requirements as may be
prescribed by the by-laws of the association.
Identification by holder of certificate of authorization
Where the practice of professional engineering or the practice of professional
geoscience is carried out under a certificate of authorization, a form of identification of
the holder of the certificate, as prescribed by the by-laws, shall appear in the vicinity of
the professional engineer's seal or professional geoscientist's seal on each engineering or
geoscience estimate, specification, working drawing, plan or other engineering or
geoscientific document issued by the holder of a certificate of authorization.
26(4)

Seal by specified scope of practice licensee

Every specified scope of practice licensee shall be issued an electronic seal, a
manual seal or both an electronic seal and a manual seal and the specified scope of
practice licensee shall validate or impress his or her seal, as prescribed by the by-laws, on
every estimate, specification, report, working drawing, plan and other engineering or
geoscientific document issued by the licensee.
26(5)

PART 9
REGISTER
Register
27

The registrar shall keep the register or cause it to be kept.

Certificate of registration
The registrar shall issue or cause to be issued to each member a certificate of
registration.
28(1)

Certificate of authorization
The registrar shall issue or cause to be issued to each partnership, corporation or
other legal entity to whom the council has granted authorization, a certificate of
authorization.
28(2)

Certificate of temporary licence

The registrar shall issue or cause to be issued, to each natural person to whom
the council shall direct, a temporary licence.
28(3)

Certificate of specified scope of practice licence

The registrar shall issue or cause to be issued, to each natural person to whom
the council shall direct, a specified scope of practice licence.
28(4)

Signing of certificates
Each certificate issued under this section shall be signed by the president, or
any other person appointed by the council, and the registrar under the seal of the
28(5)

association, and shall remain the property of the association and shall be returned to the
association upon the suspension or cancellation or removal from the register of the
registration, licence, or certificate of authorization.
PART 10
DISCIPLINE
Extended definitions
29

In this Part,
"conduct" includes an act or omission; ( conduite )
"investigated person" means
(a) a member, holder of a certificate of authorization, temporary licensee,
specified scope of practice licensee, engineer-in-training or geoscientist-intraining, or
(b) in a case to which subsection 31(3) or 31(4) applies, a former member,
holder of a certificate of authorization, temporary licensee, specified scope of
practice licensee, engineer-in-training or geoscientist-in-training,
in respect of whose conduct a complaint has been received, an investigation is
conducted or a hearing is held under this Part; ( personne vise par l'enqute )
"lay person" means a natural person who is not and never has been a member,
temporary licensee, specified scope of practice licensee, engineer-in-training or
geoscientist-in-training; ( profane )
"panel" means a panel of the discipline committee selected under clause 39(1)(a).
( sous-comit )

Investigation committee
The council shall, in accordance with the by-laws, appoint an investigation
committee of not fewer than five natural persons consisting of
30

(a) a chair appointed by the council;

(b) a lay person who shall report to the council on the practices and procedures
followed by the investigation committee; and
(c) not fewer than three members of the association, who are not members of the
council or the discipline committee.
Complaints
Any person may make a complaint in writing to the registrar about the conduct
of a current or former member, holder of a certificate of authorization, temporary
licensee, specified scope of practice licensee, engineer-in-training or geoscientist-in31(1)

training and the complaint shall be dealt with in accordance with this part and the bylaws.
Investigation committee may initiate complaint
The investigation committee may initiate an investigation and following such
investigation may cause a complaint to be filed with the registrar.
31(2)

Surrender of certificate does not affect discipline proceedings

If, after any complaint is made, the certificate of registration, certificate of
authorization, temporary licence, specified scope of practice licence or enrolment as an
engineer-in-training or geoscientist-in-training of any person who is the subject of a
complaint is surrendered, suspended, cancelled or not renewed, the complaint may,
notwithstanding the surrender, suspension, cancellation or failure to renew, be the subject
of a decision under subsection 35(1) within two years following the date of the surrender,
suspension, cancellation or failure to renew, as if the surrender, suspension, cancellation
or failure to renew had not occurred.
31(3)

Complaints against former members

If, after any person's certificate of registration, certificate of authorization,
temporary licence, specified scope of practice licence or enrolment as an engineer-intraining or geoscientist-in-training is surrendered, suspended, cancelled or not renewed,
31(4)

(a) a complaint is made about such person; and

(b) the complaint relates to conduct occurring before the suspension, cancellation
or failure to renew occurred;
the complaint may, notwithstanding the surrender, suspension, cancellation or failure to
renew, be the subject of a decision under subsection 35(1) within two years following the
date of receipt of the complaint as if the surrender, suspension, cancellation or failure to
renew had not occurred.
Referral to investigation committee
32

The registrar shall

(a) if a complaint is made under section 31; or
(b) if the registrar has reason to believe that the conduct of any member, holder of
a certificate of authorization, temporary licensee, specified scope of practice
licensee, engineer-in-training or geoscientist-in-training constitutes or may
constitute unskilled practice of professional engineering or professional
geoscience or professional misconduct;

refer the matter to the investigation committee.

Investigated person to produce records
Any person, the investigation committee or sub-committee conducting an
investigation may require the investigated person
33(1)

(a) to produce, within 10 days of receipt of the person or committee's request, any
records in the possession of or under the control of the investigated person; and
(b) to attend at the investigation and provide such information as the person or
sub-committee may require to assess the complaint.
Failure to produce records
33(2)

The association may apply ex parte to the court for an order

(a) directing the investigated person to produce to the person, investigation
committee or sub-committee conducting an investigation any records in his or her
possession or under his or her control, if it is shown that the investigated person
failed to produce them when required by the person, investigation committee, or
sub-committee conducting the investigation; or
(b) directing any person to produce to the person, investigation committee or subcommittee conducting an investigation any records that are or may be relevant to
the complaint being investigated.

Investigated person not to communicate with complainant

Upon being notified that a complaint has been received by the association, the
investigated person shall not communicate with the complainant regarding the complaint,
without the prior consent of the investigation committee until all proceedings hereunder,
including appeals, have been concluded.
34

Decision of investigation committee

The investigation committee may, after review or investigation, take one or
more of the following actions:
35(1)

(a) postpone its decision pending the completion of any civil or criminal
proceedings arising from the conduct giving rise to the complaint;
(b) formulate a charge setting out the particulars of the complaint and direct that
the charge be referred to the discipline committee;
(c) direct that the complaint be dismissed;
(d) accept the voluntary withdrawal by the investigated person of his or her right
to practise professional engineering or professional geoscience or his or her
enrolment as an engineer-in-training or geoscientist-in-training;
(e) issue a formal, written caution to the investigated person censuring his or her
conduct;
(f) with the written consent of the investigated person, formulate a charge, register
a conviction and impose any penalty that the discipline committee could have
imposed.
Hearing not required

The investigation committee is not required to hold a hearing or to afford to any

person an opportunity to appear or to make oral submissions before making a decision,
formulating a charge or giving a direction under this section, except that the committee
shall not issue a caution under clause (1)(e) without first meeting with the investigated
person.
35(2)

Appeal by complainant to a committee of the council

A complainant who is served with a notice of the decision of the investigation
committee directing that the complaint be dismissed may, by notice in writing to the
registrar, mailed within 30 days of receipt of such notice appeal that direction to a
committee appointed under subsection (2).
36(1)

Appointment of committee of council

Upon receipt of a notice of appeal from the complainant under this section the
president shall
36(2)

(a) select a committee consisting of no more than three members of the council,
one of whom shall be a lay person, none of whom shall be members of the
investigation committee or the discipline committee; and
(b) select a member of the committee to serve as chair of the committee.
Powers of committee of council
Where a committee is selected to consider any appeal by a complainant, the
committee has all the authority and powers of the council in respect of such appeals.
36(3)

Power on appeal
On an appeal under this section, the committee shall do one or more of the
following:
36(4)

(a) make any decision that in its opinion ought to have been made by the
investigation committee;
(b) quash, vary or confirm the decision of the investigation committee;
(c) refer the matter back to the investigation committee for further consideration
in accordance with any direction that the committee may make.
Suspension pending decision
Notwithstanding anything in this Act the investigation committee may, when
there is a question of serious risk to the public, suspend the certificate of registration,
certificate of authorization, temporary licence, specified scope of practice licence or
enrolment as an engineer-in-training or geoscientist-in-training of the investigated person
pending the outcome of proceedings under this part.
37(1)

Application for stay

The investigated person may, by filing an application with the court and serving
a copy on the registrar, apply for an order of the court staying a decision of the
investigation committee under subsection (1).
37(2)

Discipline committee
The council shall, in accordance with the by-laws, appoint a discipline
committee of not fewer than 10 natural persons consisting of
38(1)

(a) a chair appointed by the council;

(b) three lay persons; and
(c) six members of the association representing various disciplines of engineering
and geoscience who are not members of the council.
Members not to have taken part in investigation
No person who is a member of the investigation committee or who otherwise
has personal knowledge of the matter which is the subject of the complaint shall be a
member of the discipline committee.
38(2)

Hearing by discipline committee

On referral of a charge to the discipline committee the chair of the discipline
committee shall
39(1)

(a) select a panel consisting of no fewer than three members of the discipline
committee, one of whom shall be a lay person;
(b) select a member of the panel to serve as chair of the panel; and
(c) set a date, time and place for a hearing on the charge.
Powers of panel
Where a panel is selected to conduct the hearing on any charge, the panel has
all the authority and powers of the discipline committee.
39(2)

Right to appear and be represented

The Association and the investigated person may appear and be represented by
counsel at a hearing before the discipline committee or a panel thereof.
39(3)

Examination of documentary evidence

An investigated person shall be afforded an opportunity to examine before the
hearing any written or documentary evidence that will be produced or any report the
contents of which will be given in evidence at the hearing.
39(4)

Hearings open to public

A hearing of the disciplinary committee or any panel shall be open to the public
unless the panel is satisfied that
40(1)

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are
of such a nature that the desirability of avoiding public disclosure of those matters
in the interest of any person affected or in the public interest outweighs the
desirability of adhering to the principle that meetings be open to the public;
(c) a person involved in a criminal proceeding or in a civil suit or proceeding may
be prejudiced; or
(d) the safety of a person may be jeopardised.
Exclusion of public
If subsection (1) does not require a hearing to be open to the public, the panel
may make an order that the public be excluded from the hearing, or any part of it, and it
may make other orders it considers necessary to prevent the public disclosure of matters
disclosed at the hearing, including orders banning the publication or broadcasting of
those matters.
40(2)

Public information may be disclosed

No order shall be made under subsection (2) that prevents the publication of
anything that is contained in the register and available to the public.
40(3)

Exclusion of public during certain motions

The panel may make an order that the public be excluded from the part of a
hearing dealing with a motion for an order under subsection (2).
40(4)

Orders with respect to matters in submissions

The panel may make any order necessary to prevent the public disclosure of
matters disclosed in the submissions relating to any motion described in subsection (4),
including prohibiting the publication or broadcasting of those matters.
40(5)

Reasons for order to exclude public, etc., available to public

The panel shall ensure that any order it makes under this section and its reasons
are available to the public in writing.
40(6)

Reconsidering of order to exclude public, etc.

The panel may reconsider an order made under subsection (2) at the request of
any person or on its own motion.
40(7)

Evidence
At a hearing of the discipline committee or any panel the oral evidence of
witnesses shall be taken on oath and there shall be a full right to cross-examine witnesses
and call evidence in defence and reply.
41(1)

Power to administer oaths

For the purpose of an investigation or hearing under this Act, the registrar, the
chair of the investigation committee, the chair of the discipline committee, and the chair
of any panel have power to administer oaths and affirmations.
41(2)

Recording of evidence
The oral evidence given at a hearing of the discipline committee or any panel
shall be recorded.
41(3)

Witnesses
The investigated person and any other person who, in the opinion of the
discipline committee or any panel, has knowledge of the complaint or any matter relating
to the charge are compellable witnesses in any proceeding under this part.
42

Notice to attend and produce records

The attendance of witnesses before the discipline committee or any panel and
the production of records may be enforced by a notice issued by the registrar requiring
the witness to attend and stating the date, time and place at which the witness is to attend
and the records, if any, that the witness is required to produce.
43(1)

Registrar shall provide notices

On the written request of the investigated person or the person's counsel or
agent, the registrar shall provide any notices that the person requires for the attendance of
witnesses or the production of records.
43(2)

Witness fees
A witness, other than the investigated person, who has been served with a notice
to attend or a notice for production under subsection (1) is entitled to be paid such
witness fees as may be decided by the council from time to time.
43(3)

Failure to attend or give evidence

44(1)

Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before the discipline committee or any panel in compliance
with a notice to attend;
(b) who fails to produce any records in compliance with a notice to produce them;
or
(c) who refuses to be sworn or to answer any question he or she is directed to
answer by the panel.

Failure by investigated person to attend

If the witness referred to in subsection (1) is the investigated person, the failure
or refusal to attend may be held to be professional misconduct.
44(2)

Hearing in absence of investigated person

The panel, on proof of service on the investigated person of the notice of

hearing, may
45

(a) proceed with the hearing in the absence of the investigated person or the
person's agent; and
(b) act, decide or report on the matter being heard in the same way as if the
investigated person were in attendance.
Unskilled practice or professional misconduct
46(1)

Conduct of an investigated person that in the opinion of the panel

(a) is detrimental to the public interest;
(b) is conduct unbecoming a professional engineer or professional geoscientist;
(c) is misconduct in the practice of professional engineering or professional
geoscience;
(d) contravenes this Act or the by-laws or the code of ethics adopted under section
11;
(e) displays a lack of knowledge of or lack of skill or judgment in the practice of
professional engineering or professional geoscience; or
(f) demonstrates incapacity or unfitness to practise professional engineering or
professional geoscience or demonstrates that the person is suffering from an
ailment that might, if the person is allowed to continue to practise professional
engineering or professional geoscience, constitute a danger to the public;

constitutes either unskilled practice of professional engineering or professional

geoscience or professional misconduct, or both, as the panel finds.
Findings of discipline committee or panel
The discipline committee or any panel may find that the conduct of an
investigated person constitutes neither unskilled practice of professional engineering or
professional geoscience nor professional misconduct.
46(2)

Conviction in another jurisdiction

Where any member, holder of a certificate of authorization, temporary licensee
or specified scope of practice licensee is the subject of an order of any other association
of professional engineers or association of professional geoscientists, having the same
effect as any order made under section 47 or 48, such member, holder of a certificate of
authorization, temporary licensee or specified scope of practice licensee may at the
discretion of the discipline committee be deemed to be guilty of either unskilled practice
of professional engineering or professional geoscience or professional misconduct,
whichever the panel finds.
46(3)

Certificate of decision

A copy of the certificate of decision or other like document issued by any other
association of professional engineers or association of professional geoscientists and
certified by an officer or employee thereof holding a position equivalent to that of the
registrar under this Act, shall be conclusive evidence of the facts in such certificate or
other like document.
46(4)

Orders of the panel

If the panel finds that the conduct of an investigated person constitutes
unskilled practice of professional engineering or professional geoscience, or professional
misconduct, or both, the panel may make any one or more of the following orders:
47(1)

(a) reprimand the investigated person;

(b) suspend the certificate of registration, certificate of authorization, temporary
licence, specified scope of practice licence or enrolment as an engineer-in-training
or geoscientist-in-training of the investigated person for a stated period;
(c) suspend the certificate of registration, certificate of authorization, temporary
licence, specified scope of practice licence or enrolment as an engineer-in-training
or geoscientist-in-training of an investigated person until
(i) the investigated person has completed a specified course of studies or
obtained supervised practical experience, or
(ii) the discipline committee is satisfied as to the competence of the
investigated person to practice professional engineering or professional
geoscience;
(d) accept in place of a suspension the investigated person's undertaking to limit
his, her or its practice;
(e) impose conditions on the investigated person's entitlement to engage in the
practice of professional engineering or professional geoscience, including the
conditions that he, she, or it
(i) practice under supervision,
(ii) not engage in sole practice,
(iii) not function as a holder of a certificate of authorization for a specified
period,
(iv) permit periodic inspections by a person authorized by the discipline
committee to carry out inspections,
(v) permit periodic audits of records, or
(vi) report to the discipline committee or the council on specific matters;

(f) direct the investigated person to pass a particular course of study or satisfy the
discipline committee or the council as to the person's competence;
(g) direct the investigated person to satisfy the discipline committee that a
disability or addiction can be or has been overcome, and suspend the certificate of
registration, certificate of authorization, temporary licence, specified scope of
practice licence or enrolment as an engineer-in-training or geoscientist-in-training
of the investigated person until the discipline committee is so satisfied;
(h) require the investigated person to take counselling that in the opinion of the
panel is appropriate;
(i) direct the investigated person to waive, reduce or repay money paid to the
investigated person that, in the opinion of the panel was unjustified for any
reason;
(j) cancel the certificate of registration, certificate of authorization, temporary
licence, specified scope of practice licence or enrolment as an engineer-in-training
or geoscientist-in-training of the investigated person.
Panel may consider cautions
To assist the panel in making an order under this section, the panel may be
advised of any formal, written caution previously issued to the member under clause
35(1)(e) and the circumstances under which it was issued.
47(2)

Ancillary orders
The panel may make any ancillary order that is appropriate or required in
connection with an order mentioned in subsection (1) or may make any other order that it
considers appropriate in the circumstances, including that
47(3)

(a) a further or new investigation be held into any matter; or

(b) the discipline committee be convened to hear a complaint without an
investigation.
Contravention of order
If the discipline committee is satisfied that an investigated person has
contravened an order under subsection (1), it may, without a further hearing, cancel or
suspend the certificate of registration, certificate of authorization, temporary licence,
specified scope of practice licence or enrolment as an engineer-in-training or geoscientistin-training of the investigated person.
47(4)

Costs and fines

The panel or the discipline committee may, in addition to or instead of dealing
with the conduct of an investigated person in accordance with section 47, order that the
investigated person pay to the association
48(1)

(a) all or part of the costs of the investigation, hearing and appeal;

(b) a fine not exceeding $25,000.; or

(c) both the costs under clause (a) and the fine under clause (b);
within the time set by the order.
Filing of order
The association may file an order under subsection (1) in the court, and on the
order being filed it may be enforced in the same manner as a judgment of the court.
48(2)

Written decision
The discipline committee or any panel shall, following the completion of a
hearing, make a written decision on the matter consisting of the reasons for its decision,
and a statement of any order made by it.
49(1)

Decision forwarded to registrar

49(2)

The discipline committee or any panel shall forward to the registrar

(a) the decision; and
(b) the record of the proceedings, consisting of all evidence presented before it,
including all exhibits, documents and recordings.

Service of decision
The registrar shall, on receiving the decision and record, serve a copy of the
decision on the investigated person and the complainant.
49(3)

Copies of transcript
The investigated person may examine the record of the proceedings before the
discipline committee or panel, and is entitled to receive, on payment of the cost of
providing it, a transcript of the oral evidence given before the panel.
49(4)

Publication of decision
Notwithstanding that any proceeding or part of a proceeding under this Part may
have been held in private, the Association, may after the expiration of any appeal period,
publish
50

(a) the name of an investigated person in respect of whom an order is made under
section 47 or 48; and
(b) the circumstances relevant to the finding of unskilled practice of professional
engineering or professional geoscience, or the finding of professional misconduct.
Stay pending appeal to council
The decision of the panel remains in effect pending an appeal to the council
unless the council, on application, stays the decision pending the appeal.
51(1)

Stay pending appeal to court

The decision of the council remains in effect pending an appeal to the court
unless the court, on application, stays the decision pending the appeal.
51(2)

Rules of practice and procedure

Subject to the approval of the council, each of the investigation committee, the
discipline committee and any panel of the discipline committee shall determine its own
rules of practice and procedure.
52

Appeal to council
An investigated person or the complainant may appeal to the council a finding
or an order, or both, of the panel or the discipline committee.
53(1)

Deposit to accompany notice of appeal

Each notice of appeal to council shall be accompanied by a cash deposit in such
amount as may be prescribed in the by-laws, but not to exceed $1,000.
53(2)

Procedure
Sections 40 to 45 apply to proceedings before the council, with necessary
modifications.
53(3)

Powers of council on appeal

The council shall, within 90 days from the date of the conclusion of all
proceedings before it, do any of the following:
53(4)

(a) make any finding or order that in its opinion ought to have been made by the
panel;
(b) quash, vary or confirm the finding or order of the panel or any part of the
finding or order;
(c) refer the matter back to the discipline committee for further consideration in
accordance with any direction of the council.
Costs
The council may make an award as to costs payable on the conclusion of an
appeal before the council.
53(5)

Deposit may be returned

The deposit shall be returned to the applicant at the conclusion of any appeal
process unless the council or the court orders that the deposit be forfeited, in whole or in
part, as it sees fit.
54

Appeal to court
An investigated person may appeal to the court any finding or order made by
the council under subsection 53(4).
55(1)

Commencement of appeal

55(2)

An appeal to court shall be commenced

(a) by filing a notice of appeal; and
(b) by giving a copy of the notice of appeal to the registrar;

within 30 days from the date on which the decision of the council is served on the
investigated person.
Appeal on the record
An appeal to the court shall be founded on the record of the hearing before the
council and the decision of the council.
55(3)

Powers of court on appeal

55(4)

The court on hearing the appeal may

(a) make any finding or order that in its opinion ought to have been made;
(b) quash, vary or confirm the decision of the council or any part of it; or
(c) refer the matter back to the council for further consideration in accordance
with any direction of the court.
PART 11
NO ACTIONS AGAINST MEMBERS

No action to lie
No action lies against the council, any person participating in any committee of
the council, any member, any holder of a certificate of authorization, any temporary
licensee, any specified scope of practice licensee or any engineer-in-training or any
geoscientist-in-training or any officer or employee of the association, for any action taken
under this Act, the by-laws or any policy or procedure of council if the action was taken
in good faith.
56

PART 12
PROHIBITIONS
Prohibitions on practice
Except as otherwise provided in this Act, no person who is not a member, a
holder of a certificate of authorization, a temporary licensee, or a specified scope of
practice licensee shall
57

(a) engage in the practice of professional engineering or the practice of

professional geoscience within the province; or

(b) act in such a manner as to lead any person to believe that he or she is
authorized to fulfil the office of, or act as, a professional engineer or professional
geoscientist within the province.
Representation as a professional engineer or professional geoscientist
Except as otherwise provided in this Act, no person who is not a member or a
temporary licensee shall use, orally or otherwise, any of the following titles:
58(1)

(a) professional engineer;

(b) engineer;
(c) consulting engineer;
(d) professional geoscientist;
(e) geoscientist;
(f) consulting geoscientist;
or any similar designation or any suffix, prefix, word, title or designation, abbreviated or
otherwise, implying that the person is a member, holder of a certificate of authorization,
temporary licensee, specified scope of practice licensee, engineer-in-training or
geoscientist-in-training, or is engaged in or entitled to engage in the practice of
professional engineering or professional geoscience.
Use of professional engineer or professional geoscientist in business name
No person who is not a member, the holder of a certificate of authorization or a
temporary licensee shall
58(2)

(a) advertise, list, display, or use in any manner, or permit to be used in any
manner, any description, title, designation or term referred to in subsection (1) or
any other term that may lead anyone to infer that such person is entitled to engage
in the practice of professional engineering or professional geoscience; or
(b) submit for registration under The Corporations Act or The Business Names
Registration Act any corporate or business name using any description, title,
designation or term referred to in subsection (1) or any other term that may lead
anyone to infer that such person is entitled to engage in the practice of
professional engineering or professional geoscience.
Prohibition on contracting with corporations and partnerships
No person shall knowingly engage, employ or contract with any person,
corporation, partnership or other legal entity that does not hold a certificate of
authorization for any work that requires the services of a professional engineer or
professional geoscientist.
59

PART 13

OFFENCES AND ENFORCEMENT

Limitation on prosecutions
A prosecution for an offence under Part 12 may be commenced at any time
within two years after the date on which the alleged offence was committed or within six
months from the date on which evidence, sufficient to justify prosecution for the offence,
came to the knowledge of the registrar, whichever is later.
60(1)

Certificate of registrar
The certificate of the registrar as to the day on which the evidence referred to in
subsection (1) came to his or her knowledge is prima facie proof of the date of receipt of
the evidence.
60(2)

Onus
In any action or prosecution under this Act, it shall be presumed, until the
contrary is shown, that the accused is not a member, temporary licensee, specified scope
of practice licensee, holder of a certificate of authorization or enrolled as an engineer-intraining or geoscientist-in-training and the onus is upon the accused to prove that he or
she is a member, temporary licensee, specified scope of practice licensee, holder of a
certificate of authorization or enrolled as an engineer-in-training or geoscientist-intraining, as the case may be.
61

Practice proved by a single act

In a prosecution under this Part it is sufficient proof of the offence alleged if it is
proved that the accused has done or committed a single act of the kind alleged.
62

Information
An information for an offence under this Act may be laid by any member of the
association or any person appointed by the council.
63

Injunction
64

On application of the association, the court may grant an injunction

(a) enjoining a person who is not a member, temporary licensee, specified scope
of practice licensee, holder of a certificate of authorization, engineer-in-training or
geoscientist-in-training from engaging in the practice of professional engineering
or professional geoscience;
(b) enjoining a person from employing for work that is the practice of professional
engineering or professional geoscience any person not entitled to practice
professional engineering or professional geoscience under this Act; or
(c) enjoining a person from violating any provision of this Act whether or not such
person has been found guilty of an offence under that provision.

Penalties

Every person who violates any provision of this Act is guilty of an offence and
liable, on summary conviction, in the case of a first offence to a fine of not more than
$10,000. and in the case of a second or subsequent offence to a fine of not more than
$20,000.
65(1)

Fines recovered belong to association

Any fee, fine, penalty or sum receivable or recoverable under this Act or the bylaws, other than a fine or penalty imposed on summary conviction for an offence under
this Act, when paid or recovered belongs to the association for the use thereof.
65(2)

PART 14
EXCEPTIONS
Activities that are not affected
66(1)

Nothing in this Act applies to prevent

(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.
Definition of "practice of natural science"
In clause (1)(l), "practice of natural science" means any act or activity,
including management, requiring the application of scientific principles, competently
performed, whether alone, in partnership, in an association of persons or in a body
corporate, other than the practice of professional geoscience.
66(2)

PART 15
INTER-ASSOCIATION RELATIONS JOINT BOARDS
Joint board with The Certified Technicians and Technologists Association of
Manitoba Inc.
There is established a joint board, under the name "Engineering, Geosciences
and Applied Sciences Inter-Association Relations Joint Board", whose function is to
assist The Certified Technicians and Technologists Association of Manitoba Inc. and the
Association of Professional Engineers and Geoscientists of the Province of Manitoba in
maintaining the professional relationship between the two associations, including
67(1)

(a) developing and recommending processes for co-operation by the two

associations in carrying out their respective areas of responsibility in the public
interest;
(b) making joint representations to third parties on matters affecting the two
associations; and
(c) resolution of issues or disputes respecting areas of practice.
Composition of board
The joint board shall consist of not fewer than seven persons as follows:

67(2)

(a) a chair, who is appointed by the Minister of Labour and Immigration and is not
registered with or licensed by either The Certified Technicians and Technologists
Association of Manitoba Inc. or the Association of Professional Engineers and
Geoscientists of the Province of Manitoba;
(b) equal numbers of persons appointed by The Certified Technicians and
Technologists Association of Manitoba Inc. and the Association of Professional
Engineers and Geoscientists of the Province of Manitoba.
Rules of procedure
The joint board shall establish its own rules of procedure.

67(3)

Disputes
67(4)

Where any dispute arises as to

(a) the jurisdiction of either of the associations referred to in subsection (1) in
respect of the regulation of persons registered under their respective enactments;
(b) the right of any person registered with or licensed by either of those
associations to perform any function or type of work; or
(c) any matter respecting relations between those associations or any persons
registered with or licensed by them;

the joint board shall consider such dispute or matter and, if possible, make a joint
recommendation to the board of The Certified Technicians and Technologists Association
of Manitoba Inc. and the council of the Association of Professional Engineers and
Geoscientists of The Province of Manitoba to resolve such dispute or matter.
S.M. 2001, c. 43, s. 42.

Joint board with The Manitoba Association of Architects

There is established a joint board, under the name "Engineering, Geosciences
and Architecture Inter-Association Relations Joint Board", whose function is to assist The
Manitoba Association of Architects and the Association of Professional Engineers and
68(1)

Geoscientists of the Province of Manitoba in maintaining the professional relationship

between the two associations, including
(a) developing and recommending processes for co-operation by the two
associations in carrying out their respective areas of responsibility in the public
interest;
(b) making joint representations to third parties on matters affecting the two
associations; and
(c) resolution of issues or disputes respecting areas of practice.
Composition of board
The joint board shall consist of not fewer than seven persons as follows:

68(2)

(a) a chair, who is appointed by the Minister of Labour and Immigration and is not
registered with or licensed by either The Manitoba Association of Architects or
the Association of Professional Engineers and Geoscientists of the Province of
Manitoba;
(b) equal numbers of persons appointed by The Manitoba Association of
Architects and the Association of Professional Engineers and Geoscientists of the
Province of Manitoba.
Rules of procedure
The joint board shall establish its own rules of procedure.

68(3)

Disputes
68(4)

Where any dispute arises as to

(a) the jurisdiction of either of the associations referred to in subsection (1) in
respect of the regulation of persons registered under their respective enactments;
(b) the right of any person registered with or licensed by either of those
associations to perform any function or type of work; or
(c) any matter respecting relations between those associations or any persons
registered with or licensed by them;

the joint board shall consider such dispute or matter and, if possible, make a joint
recommendation to the council of The Manitoba Association of Architects and the
council of the Association of Professional Engineers and Geoscientists of The Province of
Manitoba to resolve such dispute or matter.
S.M. 2001, c. 43, s. 42.

PART 16

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMING INTO

FORCE
Transitional: membership
Notwithstanding section 15, the council may, at any time within two years after
the coming into force of this Act, admit to membership in the association as a
professional geoscientist a natural person who meets any educational and experience
requirements that may be set by the council.
69(1)

Transitional: council
A person who is elected or appointed as a member of the council and who holds
office on the day before this Act comes into force continues as a member of council for
the balance of his or her term.
69(2)

Transitional: policies and procedures

The rules and regulations of the Association which are in force on the day
before this Act comes into force are deemed to be the policies and procedures of council
until replaced by resolution of council.
69(3)

Geoscientists appointed to council

On the coming into force of this Act, two natural persons holding recognized
degrees in one of the branches of geoscience shall be appointed to the council by a
committee consisting of the persons listed in subsection 8(2).
69(4)

NOTE: These sections contained consequential amendments to other

Acts, which amendments are now included in those Acts.
70 to 74

Repeal
75

The Engineering Profession Act, R.S.M. 1987, c. E120, is repealed.

C.C.S.M. reference
This Act may be cited as The Engineering and Geoscientific Professions Act and
referred to as chapter E120 of the Continuing Consolidation of the Statutes of Manitoba.
76

Coming into force

77

This Act comes into force on the day it receives royal assent.