ENGINEERS AND GEOSCIENTISTS ACT

[RSBC 1996] CHAPTER 116

Definitions and interpretation

1 (1) In this Act:

"association" means The Association of Professional Engineers and

Geoscientists of the Province of British Columbia;

"board" means the Board of Examiners of the association;

"certificate holder" means the corporation, partnership or other

legal entity that holds a valid certificate of authorization;

"certificate of authorization" means the authorization given under

the seal of the association that permits corporations, partnerships or
other legal entities to practise professional engineering or professional
geoscience through employees who are members or licensees;

"council" means the council of the association;

"direct supervision" means the responsibility for the control and

conduct of the engineering or geoscience work of a subordinate;

"executive director" means the executive director of the

association;

"former Act" means the Engineering Profession Act, R.S.B.C. 1948,

c. 110, and amending Acts;

"licence" means the official authorization given under the seal of the
association that permits a nonresident person who meets the
requirements of section 13 (4) and (5) to practise professional
engineering or professional geoscience;

"licensee" means a nonresident engineer or geoscientist licensed

under this Act or the holder of a limited licence under this Act;
"limited licence" means the official authorization given under the
seal of the association that permits a person to practise professional
engineering or professional geoscience within the scope specified in
the limited licence;

"member" means a registered member of the association;

"practice of professional engineering" means the carrying on of

chemical, civil, electrical, forest, geological, mechanical, metallurgical,
mining or structural engineering, and other disciplines of engineering
that may be designated by the council and for which university
engineering programs have been accredited by the Canadian
Engineering Accreditation Board or by a body which, in the opinion of
the council, is its equivalent, and includes reporting on, designing, or
directing the construction of any works that require for their design,
or the supervision of their construction, or the supervision of their
maintenance, such experience and technical knowledge as are
required under this Act for the admission by examination to
membership in the association, and, without limitation, includes
reporting on, designing or directing the construction of public utilities,
industrial works, railways, bridges, highways, canals, harbour works,
river improvements, lighthouses, wet docks, dry docks, floating
docks, launch ways, marine ways, steam engines, turbines, pumps,
internal combustion engines, airships and airplanes, electrical
machinery and apparatus, chemical operations, machinery, and works
for the development, transmission or application of power, light and
heat, grain elevators, municipal works, irrigation works, sewage
disposal works, drainage works, incinerators, hydraulic works, and all
other engineering works, and all buildings necessary to the proper
housing, installation and operation of the engineering works
embraced in this definition;

"practice of professional geoscience" means reporting, advising,

acquiring, processing, evaluating, interpreting, surveying, sampling or
examining related to any activity that

(a) is directed towards the discovery or development of oil,

natural gas, coal, metallic or non-metallic minerals, precious
 stones, other natural resources or water, or the investigation
of surface or sub-surface geological conditions, and

(b) requires the professional application of the principles of

geology, geophysics or geochemistry;

"president" means the president of the association;

"professional engineer" means a person who is registered or

licensed as a professional engineer under this Act;

"professional geoscientist" means a person who is registered or

licensed as a professional geoscientist under this Act;

"register" means the register kept by the registrar under this Act
and formerly kept under the former Act;

"registrar" means the registrar of the association;

"registration" means entry in the register of the name of the person

admitted to membership in the association.

(2) For the purposes of the definition of "practice of professional

engineering" in subsection (1), the performance as a contractor of work
designed by a professional engineer, the supervision of construction of
work as foreperson or superintendent or as an inspector, or as a
roadmaster, trackmaster, bridge or building master, or superintendent of
maintenance, is deemed not to be the practice of professional engineering
within the meaning of this Act.

Exemptions

2 (1) Nothing in this Act prevents a person registered as an architect under

any Act relating to the practice of architecture from practising the
profession of architecture or requires him or her to be registered under
this Act if his or her practice is confined to architecture.

(2) Nothing in this Act applies to a British Columbia or Canada land

surveyor practising his or her profession, except that the land surveyor
must not style himself or herself or hold himself or herself out as a
professional engineer unless the land surveyor is registered or licensed
under this Act.

(3) This Act does not apply to a professional forester as defined in

the Foresters Act as long as the professional forester does not hold
himself or herself out as a professional engineer or professional
geoscientist.

(4) This Act does not apply to any member of Her Majesty's Canadian
forces while actually employed on duty.

(5) This Act does not affect the rights, powers or privileges of a person

(a) to do regulated work in relation to boiler, pressure vessel

and refrigeration systems and equipment under the Safety
Standards Act, or

(b) under the Mines Act.

(6) Subject to the bylaws made under section 10 (1) (b.2), nothing in this
Act or the bylaws prevents a person from assisting in the performance of
any professional service or work of the kind described in the definition of
"practice of professional engineering" in section 1 (1) if a professional
engineer directly supervises and assumes full responsibility for the service
or work.

(7) Subject to the bylaws made under section 10 (1) (b.2), nothing in this
Act or the bylaws prevents a person from assisting in the performance of
any professional service or work of the kind described in the definition of
"practice of professional geoscience" in section 1 (1) if a professional
geoscientist directly supervises and assumes full responsibility for the
service or work.

(8) Work as a contractor of work designed by a professional engineer or

professional geoscientist or as a foreperson, superintendent or inspector
supervising construction or as a superintendent of maintenance is not
deemed to be the practice of professional engineering or the practice of
professional geoscience.

(9) This Act does not apply to prevent persons from acquiring mineral
titles or from performing work on mineral titles required under the Mines
Act or the Mineral Tenure Act to maintain those titles in good standing as
 long as they do not hold themselves out as professional engineers or
professional geoscientists.

Association continued as a corporation

3 (1) The Association of Professional Engineers and Geoscientists of the

Province of British Columbia is continued as a corporation.

(2) For the purposes of this Act, the association has the powers and
capacity of a natural person, including the power to acquire and dispose
of property and the power to enter into contracts.

(3) The Business Corporations Act does not apply to the association
unless the Lieutenant Governor in Council, by order, provides that
specified provisions of that Act apply to the association, in which case the
specified provisions apply.

Repealed

4 [Repealed 2007-8-21.]

Duties and objects of the association

4.1 (1) It is the duty of the association

(a) to uphold and protect the public interest respecting the

practice of professional engineering and the practice of
professional geoscience,

(b) to exercise its powers and functions, and perform its

duties, under this Act, and

(c) to enforce this Act.

(2) The association has the following objects:

(a) subject to subsection (1), to uphold and protect the

interests of its members and licensees;

(b) to establish, maintain and enforce standards for the

qualifications and practice of its members and licensees;
 (c) to promote the professions of professional engineering and
professional geoscience.

Membership

5 The membership of the association consists of all members of the

association who were in good standing under the former Act at the time
of its repeal and all persons admitted to membership by the council under
this Act as long as they remain on the register.

President and vice presidents

6 (1) The president must be elected annually by the members of the

association and holders of limited licences, and holds office until a
successor is elected.

(2) The president, if present, presides at all meetings of the association

and the council unless the president requests the meeting to appoint
some other person to preside.

(3) The president, or the person appointed in the president's place, votes
only when the votes of the members are equally divided.

(4) One or more vice presidents, one of whom must be designated by the
council to have all the powers and rights of the president during the
president's absence, must be elected annually by the members of the
association and holders of limited licences.

(5) A vice president may hold office until a successor is elected.

Registrar and executive director

7 (1) The council must appoint a registrar, who must be a member of the
association.

(2) The council must appoint an executive director.

(3) The offices of registrar and executive director are held at the pleasure
of the council and may be held by the same person.

Functions of council
 8 (1) The powers conferred on the association are to be exercised by the
council.

(2) Subject to this Act and the bylaws of the association, the council

(a) must govern, control and administer the affairs of the

association,

(b) must exercise all rights and powers vested in it under this
Act, and

(c) may pass resolutions necessary for the purposes of

paragraphs (a) and (b).

Membership on and appointment to council

9 (1) The council consists of the president, all vice presidents, the
immediate past president and councillors appointed under subsection (4)
or (7) or elected under subsection (6).

(2) Despite subsections (4), (6) and (7), a councillor whose term of office
has expired may continue to hold office until a successor is appointed or
elected.

(3) The council includes

(a) 4 councillors appointed under subsection (4),

(b) a further number, set by bylaw of the association and

being at least 8, of councillors elected by the members and
holders of limited licences under subsection (6), and

(c) the councillors, if any, appointed under subsection (7).

(4) The Lieutenant Governor in Council must appoint 4 councillors who

are not members of the association and, subject to subsection (8), each
serves for a 2 year term.

(5) [Repealed 2007-8-23.]

(6) The association must conduct a ballot of members and holders of

limited licences each year, in the manner determined by the council, to
elect the councillors who are to be elected by the members and holders of
limited licences and
 (a) each year the election must be for 1/2 the number of
councillors to be elected by the members and holders of
limited licences,

(b) in the event of a tie vote, the winner is the candidate with
greater seniority as a member or holder of a limited licence,
and

(c) each councillor elected by the members and holders of

limited licences must, subject to subsection (8), serve for a 2
year term.

(7) If no member of a Faculty of Applied Science, Engineering or

Geoscience in British Columbia or no professional geoscientist is elected
under subsection (6) or section 6 (1) or (4), the council must appoint a
member of a Faculty of Applied Science, Engineering or Geoscience in
British Columbia or a professional geoscientist to the council for a one
year term.

(8) If a member of the council dies, resigns or is incapable of acting,

(a) the other members of the council must appoint a member

of the association or holder of a limited licence to fill the
vacancy if the councillor is an elected member, and

(b) the vacancy must be filled by appointment made by the

Lieutenant Governor in Council if the councillor is a
government appointee.

Bylaws

10 (1) The council may pass, alter and amend bylaws, consistent with this
Act, for the following:

(a) the election of the council;

(b) the government, discipline and honour of the members,

licensees and certificate holders of the association, including
the establishment of a code of ethics;
(b.1) without limiting paragraph (b), the practice and
procedure for proceedings before the discipline, practice
review or conduct review committee;

(b.2) the direct supervision of former members and licensees

by members;

(c) the establishment of quality management programs for

members, licensees and certificate holders;

(d) the establishment by the council of a professional practice

review program for members, licensees and certificate holders,
including the creation of a practice review committee to
conduct practice reviews as directed by the council, as
recommended by the investigation committee or subcommittee
or as referred by the registrar;

(d.1) the establishment by the council of a conduct review

program for members, licensees and certificate holders,
including the creation of a conduct review committee to
perform conduct reviews as directed by the council, as
recommended by the investigation committee or subcommittee
or as referred by the registrar;

(e) the circumstances in which members, licensees or

certificate holders, or a class of members, licensees or
certificate holders, must hold professional liability insurance
and the amount and category of professional liability insurance
that must be held;

(e.1) the establishment and administration of a professional

liability insurance program in any category including, without
limitation, for providing the council with the power to establish
terms, conditions, policies and procedures for categories of
professional liability insurance;

(e.2) the circumstances and manner in which members,

licensees or certificate holders, or a class of members,
licensees or certificate holders, must disclose

(i) whether professional liability insurance is held, and

 (ii) whether the insurance is applicable to the services
in question;

(f) the management and maintenance of the association and

its property, both real and personal, the investment of its
funds, banking, the borrowing of money, the appointment of
staff and their remuneration and generally for the carrying on
of the general business of the association;

(g) the establishment, levying, payment and remission of

(i) [Repealed 2010-3-2.]

(ii) admission fees,

(iii) application fees,

(iv) licence fees,

(v) professional liability insurance fees, and

(vi) any other fees except, with respect to members,

licensees and certificate holders, late fees, annual fees
and reinstatement fees,

including, without limitation, for providing the council with the

power to establish, levy, require payment of, and authorize
remission of, those fees;

(h) [Repealed 2002-35-4.]

(i) the establishment and regulation of standards of admission

to membership and the enrolment and qualifications of
candidates for admission to membership;

(i.1) the establishment of standards of practice or a code of

conduct for members and licensees;

(j) the establishment and enforcement of standards for

certificate holders;

(k) the classification of the different disciplines of professional

engineering and professional geoscience and the designation of
the different grades of membership in the association and
limitation of the rights of members within the different
disciplines and grades;
(k.1) the designation of specialized areas of professional
engineering or professional geoscience;

(k.2) the qualification and certification of members, licensees

or certificate holders as specialists in areas of professional
engineering or professional geoscience designated under
paragraph (k.1);

(k.3) the prohibition of members, licensees or certificate

holders from holding themselves out as specialists in a
designated area of professional engineering or professional
geoscience unless the member, licensee or certificate holder is
certified under a bylaw made under paragraph (k.2);

(l) the subjects of study, the examinations to be passed and

the experience required as a preliminary to or on application
for membership in the association, or for a licence issued
under this Act;

(m) the establishment and monitoring of compliance with

standards of training and experience required for licensees,
and the enrolment and qualifications for a limited licensee,
including limited licences for applied science technologists;

(m.1) the establishment and enforcement of professional

development requirements to assist in promoting and
maintaining the competency and proficiency of members and
licensees;

(m.2) the establishment of an alternative complaint resolution

process to assist, in appropriate circumstances, in the
resolution of complaints;

(n) the resignation of members;

(n.1) the establishment of requirements and procedures for

the reinstatement of former members, licensees and certificate
holders, including, without limitation, the imposition of
conditions on reinstatement and direct supervision of former
members, licensees and certificate holders;
 (o) the calling and conduct of meetings of the association and
of the council, the necessary quorums, voting, the
appointment of committees and their powers and other
matters in that connection;

(p) the assistance, pecuniary or otherwise, to be given to

individuals and organizations if, in the opinion of the council,
the assistance will be of benefit to the public, the association
or its members;

(q) the promotion of better public relations in the manner and

by the means the council sees fit, including, without limitation,
the publication of books, papers and periodicals;

(r) the creation of divisions, committees and regional groups,

and the delegation to them of those powers and authority the
council sees fit;

(s) the establishment, development and administration of

ancillary bodies and the qualifications for admission to these
bodies;

(t) all other purposes reasonably necessary for the

management, regulation and well-being of the association.

(1.1) For the purposes of bylaws under subsection (1) (e), (e.1) or (e.2),
the council, by bylaw, may

(a) establish classes of members, licensees or certificate

holders,

(b) specify different categories of professional liability

insurance, and

(c) require that different classes of members, licensees or

certificate holders hold different categories of professional
liability insurance.

(1.2) The council may make bylaws under subsection (1) establishing
standards of practice, a code of conduct or a quality management
program that have been developed in concert with the governing body of
another profession.
 (2) A bylaw does not come into force until

(a) the requirements of section 11 have been met, and

(b) the 45 day period set by section 11 (3) ends.

Ratification of bylaws

11 (1) A bylaw does not come into force unless ratified by at least 2/3 of the
votes cast by ballot taken under section 12 (7).

(2) The executive director must file with the minister a copy of each
bylaw, certified under the seal of the association, within 14 days after
ratification.

(3) A bylaw may be disallowed by the Lieutenant Governor in Council

within 45 days after the filing of it under subsection (2).

Meetings of association

12 (1) An annual meeting of the association must be held, at the time and
place appointed by the council, at least once in every calendar year and
not more than 15 months after the preceding annual meeting.

(2) If any annual meeting is not held as required under subsection (1),
the Supreme Court, on the application of a member of the association or
holder of a limited licence, may call or direct the calling of an annual
meeting.

(3) The council, at any time of its own motion, may call a general meeting
of the association.

(4) The council, on the written request of 25 members of the association

or holders of limited licences or of 5 council members, must call a general
meeting of the association.

(5) A meeting called under subsection (4) must be held within 6 weeks
after receipt of the request by the executive director.

(6) Twenty-one days' written notice of the time and place of any meeting
of the association must be sent by prepaid post to every member of the
association in good standing and to every holder of a limited licence in
 good standing at the member's or holder's, as the case may be, last
recorded address.

(7) The council may, and on written request of 25 members of the

association or holders of limited licences must, take a vote of the
members of the association and the holders of limited licences by ballot in
the manner determined by the council on any matter that, under this Act,
can be voted on at a general meeting of the association.

(8) A vote taken under subsection (7) has the same force as if the vote
had been taken at a general meeting of the association.

Admission to membership

13 (1) The council must admit a person to membership in the association if

(a) both of the following apply:

(i) the person is a Canadian citizen or a permanent

resident of Canada;

(ii) the person has submitted to the council the

evidence referred to in subsection (1.1), or

(b) the person is a person whom the council is obliged under

the Labour Mobility Act to admit to membership in the
association.

(1.1) An applicant under subsection (1) (a) must submit to the council
evidence satisfactory to the council of the following:

(a) that the applicant has either

(i) graduated in applied science, engineering or

geoscience from an institute of learning approved by the
council in a program approved by the council, or

(ii) passed examinations established by the bylaws of

the association or passed examinations, requiring
special knowledge in branches of learning specified by
the council, of an association or institute approved by
the council;
 (b) that the applicant has passed special examinations
required by the council;

(c) that the experience in engineering or geoscience work

established by the bylaws has been obtained;

(d) that the applicant is of good character and good repute;

(e) that all examination and registration fees have been paid
to the association.

(2) Despite subsection (1) or (5), the council may refuse registration or a
licence to a person if

(a) the council has reasonable and probable grounds to believe

that the person has been convicted in Canada or elsewhere of
an offence that, if committed in British Columbia, would be an
offence under an enactment of the Province or of Canada, and
that the nature or circumstances of the offence render the
person unsuitable for registration or licensing, or

(b) the person has contravened this Act or the bylaws.

(3) A person referred to in subsection (1) (a) who desires to become a

member must comply with the bylaws relating to application for
membership, and, if required to qualify by examination, must comply with
section 16 (4) and (5).

(4) A person who is neither a citizen or permanent resident of Canada nor

a person referred to in subsection (1) (b), whose qualifications are those
required by subsection (1.1) (a) to (d), and who desires to engage
temporarily in the practice of professional engineering or professional
geoscience in the Province, must first obtain a licence from the council
which will entitle him or her to engage in the practice of professional
engineering or professional geoscience in respect of a particular work or
for a temporary period, or both, as the council decides.

(5) A person to whom subsection (4) applies must be granted the licence
referred to in that subsection on

(a) producing evidence satisfactory to the council of his or her

qualifications under subsection (4), and
 (b) paying the established fees.

(6) Neither corporations nor partnerships as such may become members

of the association.

(7) If professional engineers or professional geoscientists are employed

by corporations or are members of partnerships, they individually must
assume the functions of and must be held responsible as professional
engineers or professional geoscientists.

(8) The council may, in writing, delegate some or all of its powers and
duties under this section to the registrar, on the terms or conditions the
council considers advisable.

Issue of certificates of authorization

14 (1) The council must issue a certificate of authorization to a corporation,

partnership or other legal entity for the practice of professional
engineering or for the practice of professional geoscience if the council is
satisfied that the corporation, partnership or other legal entity

(a) has on its active staff members or licensees who directly

supervise and assume responsibility for the practice of
professional engineering or for the practice of professional
geoscience undertaken by the corporation, partnership or
other legal entity, and

(b) has satisfied the requirements of this section and the

bylaws of the association.

(2) An application for a certificate of authorization, on a form provided by

the council, must be filed with the registrar, together with the application
fee specified by the council, and, to remain valid, the certificate holder
must pay all fees specified by the council for certificate holders.

(3) If the practice of professional engineering or the practice of

professional geoscience is carried on by a certificate holder as permitted
under subsection (1), the estimates, specifications, reports, documents or
plans prepared and delivered must
 (a) be signed and dated by, and sealed with the stamp of, the
member or licensee of the association who is responsible for
them and who supervised the preparation of them, and

(b) show in a manner specified by the council the words

"APEGBC CERTIFICATE OF AUTHORIZATION", together with
the certificate number and expiry date.

(4) A certificate holder engaged in the practice of professional engineering

or in the practice of professional geoscience in its own name as permitted
under subsection (1) must keep the association advised of the names of
the members or licensees of the association who are on the active staff of
the certificate holder and who are directly supervising and assuming
responsibility for the practice of professional engineering or for the
practice of professional geoscience.

(5) The members or licensees named for the purposes of subsection (4)
by a certificate holder

(a) are the authorized representatives of the certificate holder

for all purposes under this Act,

(b) are subject to any inquiries under the Act, and

(c) must immediately advise the registrar on relinquishing for

any reason this responsibility for the certificate holder.

(6) A certificate of authorization issued to a corporation, partnership or

other legal entity is valid for the calendar year for which it was issued
provided the certificate holder complies with this Act and the bylaws
governing certificate holders.

(7) A corporation, partnership or other legal entity that holds a certificate

of authorization must be registered by the registrar as a certificate holder
but not as a member or licensee.

(8) Despite subsection (1), the council may refuse to issue or renew a
certificate of authorization if the applicant for the certificate of
authorization or the certificate holder, as the case may be, or a member
or licensee described in subsection (1) (a),
 (a) has been convicted in Canada or elsewhere of an offence
that, if committed in British Columbia, would be an offence
under an enactment of the Province or of Canada and, in the
circumstances, renders the person unsuitable for the practice
of professional engineering or for the practice of professional
geoscience,

(b) has contravened this Act, the bylaws or the code of ethics
of the association, or

(c) has demonstrated incompetence, negligence or

unprofessional conduct.

(9) [Repealed 2007-8-28.]

Interprovincial agreements to practice

14.1 (1) In this section, "governing body" means the governing body of
professional engineering or professional geoscience in another province of
Canada.

(2) Despite section 13, the council may enter into an agreement with a
governing body to permit an engineer or a geoscientist who is qualified in
the province of the governing body to practise professional engineering or
professional geoscience, as the case may be, in British Columbia.

(3) In permitting a professional engineer or professional geoscientist to

practise in British Columbia in accordance with an agreement under
subsection (2), the council may

(a) attach conditions or limitations to the permission,

(b) impose a fee, and

(c) require the payment of a fine imposed by a governing

body.

Interjurisdictional agreements to practice

14.2 (1) In this section, "governing body" means the governing body of
professional engineering or professional geoscience, or a profession
 considered by the council to be equivalent to one or both of those, in a
jurisdiction that is outside of Canada.

(2) Despite section 13, the council may enter into an agreement with a
governing body to permit an engineer or a geoscientist who is qualified in
that jurisdiction to practise professional engineering or professional
geoscience, as the case may be, in British Columbia.

(3) An agreement referred to in subsection (2) may specify qualifications

that are considered by the council to be equivalent to those required
under this Act for admission to membership or the granting of a licence
under section 13 and that, if met by the engineer or geoscientist, as the
case may be, from the other jurisdiction, satisfy the requirements under
section 13 for admission to membership or the granting of a licence.

Board of examiners

15 (1) The council must

(a) appoint a board of examiners annually, and

(b) fill vacancies in the board as they occur.

(2) The board must examine all candidates for admission to membership
when an examination is required under this Act.

Examinations

16 (1) Regular examinations of candidates for admission must be held in

British Columbia at least once in each year at places and times decided by
the council.

(2) Special examinations, at the discretion of council, may be held if the

candidate or candidates for them deposit in advance with the registrar
both a sum sufficient to defray the expenses of the special examinations
and the appropriate examination fees established under the bylaws.

(3) The council must establish the scope of and procedure at

examinations.

(4) A candidate for examination must give at least 2 months' notice in

writing to the registrar of the candidate's intention to take the
 examination, and with the notice must pay the fees established under the
bylaws for the grade of examination to be taken.

(5) If the candidate passes the final examination, he or she must pay the
remainder of the admission fees established under the bylaws before
receiving a certificate of registration.

(6) As soon as possible, and not later than 21 days after the close of each
examination, the members of the board who have conducted the
examination must make and file with the registrar a certificate showing
the results of the examination.

(7) On the filing of a certificate under subsection (6), the council must
notify the candidate of the result of the examination and of its decision on
the candidate's application.

(8) The board must file with the registrar the examination papers
submitted to the candidates, together with the answers of each candidate,
and must attach to them a certified copy of its report with the marks
awarded to each candidate in each subject of the examination.

(9) The documents referred to in subsection (8) must remain on file in the
office of the registrar, and are open to inspection by any candidate, or by
any person authorized in writing by the candidate, during regular office
hours for a period of at least 6 months following the examination.

(10) If the candidate fails an examination, the candidate may, on

payment of the established fee, take any subsequent regular
examination.

(11) If a candidate has failed an examination 3 times, he or she may only

take the examination again with the permission of the council.

Investigation of certificates

17 (1) The council must cause the examination of all degrees, diplomas,
certificates and other credentials presented or given in evidence for the
purpose of obtaining registration.
 (2) The council may require the holder of credentials referred to in
subsection (1) to attest, by oath or affidavit, any matter involved in his or
her application.

Central examining board

18 (1) The council may

(a) establish jointly with the council of any other association

similarly constituted, in one or more of the other provinces, a
central examining board, and

(b) delegate to the central examining board all or any of the

powers possessed by the board respecting the examinations of
candidates.

(2) Any examination conducted by the central examining board must be

held in at least one place in British Columbia if so requested by the
council.

Register

19 The registrar must do the following:

(a) continue the register of members kept under the former

Act;

(b) enter in the register the full name and address of each
member and the date of issue of each registration;

(c) make the register available for public inspection during

normal business hours;

(d) keep a record of licensees, certificate holders and members

of each grade of membership in the association;

(e) enter in the record the full name and address of each
licensee and certificate holder and the date of issue of each
licence and certificate of authorization.

Certificate and seal

20 (1) The registrar, on direction of the council, must issue

 (a) a certificate of registration to each member of the
association on registration of that member, and

(b) a certificate of licence or a certificate of limited licence to

each licensee.

(2) A certificate of registration must show the signatures of the president

and the registrar and bear the seal of the association.

(3) A certificate of registration constitutes evidence of registration at the

date of issue.

(4) On receipt of the annual fee in each year, the registrar must provide
the member with evidence that the member's certificate of registration is
renewed.

(5) A member must display the member's certificate of registration and a

licensee must display the licensee's certificate of licence or limited licence
in a prominent place in the office or other place of business of the
member or licensee.

(6) On receipt of a certificate of registration or a certificate of licence, a

professional engineer

(a) is entitled to use the title "professional engineer" or an

abbreviation of that title approved by the council, and

(b) must be provided with a seal or stamp by the association,

bearing the engineer's name, the words "Professional
Engineer, Province of British Columbia" and other designation
required by the bylaws.

(7) On receipt of a certificate of registration or a certificate of licence, a

professional geoscientist

(a) is entitled to use the title "professional geoscientist" or an

abbreviation of that title approved by the council, and

(b) must be provided with a seal or stamp by the association,

bearing the geoscientist's name, the words "Professional
Geoscientist, Province of British Columbia" and other
designation required by the bylaws.
 (8) On issuing a certificate of limited licence, the association must provide
the licensee with a seal or stamp, bearing the licensee's name, the words
"Limited Licensee" and any other information required by the bylaws.

(9) A member or licensee receiving a seal or stamp under this section

must use it, with signature and date, to seal or stamp estimates,
specifications, reports, documents, plans or things that have been
prepared and delivered by the member or licensee in the member's or
licensee's professional capacity or that have been prepared and delivered
under the member's or licensee's direct supervision.

Annual fee

21 (1) The council, by resolution passed by at least 2/3 of the council

members, may

(a) set an annual fee to be paid by members, licensees and

certificate holders, and

(b) set the date on or before which the annual fee must be
paid.

(2) On or before the date set by the council under subsection (1), every
member, licensee and certificate holder must pay to the executive
director or other person authorized by the council the applicable annual
fee set by the council under subsection (1).

(3) If the council does not set a date under subsection (1), the annual fee
must be paid on or before January 1 in the year for which it is imposed.

(4) The council, in its sole discretion, may remit the annual fee owing by
a person under subsection (2).

Late fees and reinstatement fees

21.1 (1) The council may establish late fees and reinstatement fees for
members, licensees or certificate holders by a resolution supported by 2/3
of the councillors, and may levy and require payment of those fees.

(2) The council, in its sole discretion, may remit a late fee or
reinstatement fee owing by a person under subsection (1).
Failure to pay fees

21.2 (1) If a person fails to pay the annual fee or any other fee imposed under
this Act, other than a late fee or a reinstatement fee, by the time the fee
is required to be paid, the council must provide to the person at his or her
last recorded address notice demanding payment of the fee.

(2) Subject to sections 32.1 (5) and 32.2 (3), if a person is still in default
30 days after notice under subsection (1) of this section is sent, the
council may do one or both of the following:

(a) require the person to pay a late fee in addition to the

unpaid fee;

(b) cancel the person's registration, licence or certificate of

authorization without further notice.

(3) The annual fee or any other fee that a person is required to pay under
this Act is a debt due by the person to the association, and, in addition to
any other remedy but subject to sections 32.1 (5) and 32.2 (3), is
recoverable with costs by the association in any court of competent
jurisdiction.

Reinstatement or eligibility to renew

21.3 (1) If any unpaid fee, late fee and reinstatement fee related to a
registration, licence or certificate of authorization cancelled under section
21.2 is remitted or paid,

(a) the council may reinstate the registration, licence or

certificate of authorization, or

(b) the licensee or certificate holder is eligible to reapply for a

licence or certificate of authorization.

(2) A registration, licence or certificate of authorization that is reinstated

under subsection (1) has the same force and effect and the same terms
and conditions as it had immediately before it was cancelled.

Prohibition on practice
22 (1) Except as permitted under this Act, an individual or corporation,
partnership or other legal entity must not do any of the following:

(a) engage in the practice of professional engineering or

professional geoscience;

(b) assume, verbally or otherwise, the title of professional

engineer or professional geoscientist;

(c) advertise or use, or permit to be advertised or used, in any

manner whatsoever, in connection with the name of the
individual, corporation, partnership or other legal entity, or
otherwise,

(i) the title of professional engineer or professional

geoscientist,

(ii) any word, name, title or designation mentioned in

the definition of "practice of professional engineering" or
"practice of professional geoscience", or any
combination or abbreviation of them, or

(iii) any other word, name, title, designation,

descriptive term or statement implying, or calculated to
lead any other person to believe, that the individual,
corporation, partnership or other legal entity is a
professional engineer or professional geoscientist or is
ready or entitled to engage in, or is engaged in, the
practice of professional engineering or professional
geoscience as defined in section 1 (1);

(d) act in a manner that leads any person to believe that the
individual, corporation, partnership or other legal entity is
authorized to fill the office of or act as a professional engineer
or professional geoscientist;

(e) advertise, use or display a sign, card, letterhead or other

device representing to the public that the individual,
corporation, partnership or other legal entity is a professional
engineer or professional geoscientist or an individual,
corporation, partnership or other legal entity ready or entitled
 to engage in the practice of professional engineering or
professional geoscience or holding out the individual,
corporation, partnership or other legal entity to be a
professional engineer, professional geoscientist or certificate
holder.

(2) Subsection (1) does not apply

(a) to an individual who is a member of the association or

holds a licence, other than a limited licence, issued by the
association, or

(b) to a corporation, partnership or other legal entity that has

on its active staff members or licensees who directly supervise
and assume responsibility as this Act provides for the practice
of professional engineering or professional geoscience
undertaken by the corporation, partnership or other legal
entity.

(3) An individual who holds a limited licence must not engage in the
practice of professional engineering or professional geoscience except in a
manner consistent with the scope of the limited licence and according to
the provisions of that limited licence.

Injunction

23 (1) If there is a breach or threatened breach by any person or corporation,

partnership or other legal entity of any provision of this Act, the
association is entitled, in an action brought for that purpose, to an
injunction to restrain the person or corporation, partnership or other legal
entity from continuing or committing the breach.

(2) Until the trial of the action and adjudication on it, the court, on being
satisfied that there is reason to believe that the person or corporation,
partnership or other legal entity has committed or is likely to commit a
breach of this Act, must grant an interim injunction.

No unregistered person to recover fees

 24 (1) Except as provided in this Act, a person is not entitled to recover any
fee or remuneration in any court of law in British Columbia for any work
done or service rendered that is within the definition of "practice of
professional engineering" or of "practice of professional geoscience"
unless the person is a member of the association and holds a certificate of
registration or is licensed under the provisions of this Act at the time the
work is done or service rendered.

(2) Except as provided in this Act, a corporation is not entitled to recover

any fee or remuneration in any court of law in British Columbia for any
work done or service rendered that is within the definition of "practice of
professional engineering" or of "practice of professional geoscience" in
this Act.

Penalty for falsification to register

25 If the registrar makes or causes to be made any wilful falsification in any

matters relating to the register, he or she commits an offence and is liable
on conviction to a penalty of not more than $2 000.

Fraudulent registration

26 A person must not obtain or attempt to obtain registration under this Act
for himself or herself or for another person by intentionally making or
causing to be made any false representation, either verbally or in writing.

Exemplary damages

27 (1) An act prohibited in section 22 or 26 is a tort actionable by the

association without proof of damage.

(2) An individual, corporation, partnership or other legal entity that

contravenes section 22 or 26 is liable to pay exemplary damages of not
more than $25 000 to the association whether or not the individual,
corporation, partnership or other legal entity has been convicted of an
offence arising from the same circumstances.
 (3) In an action under subsection (1), it is sufficient proof of the
contravention to prove that the defendant has committed a single act of
the kind prohibited.

Extended definitions

28 In sections 29 to 35:

"certificate holder" includes a former holder of a certificate of

authorization under this Act;

"discipline committee" means the discipline committee appointed

under section 31;

"investigation committee" means the investigation committee

appointed under section 30;

"licensee" includes a former licensee, a holder of a limited licence

and a former holder of a limited licence;

"member" includes a former member, a registered member and a

person who holds any grade of membership in the association as
specified in the bylaws.

Complaints and investigations

29 (1) If the association receives a complaint against a member, licensee or

certificate holder, the registrar must

(a) designate a member to review the complaint,

(b) refer the complaint to the practice review or conduct

review committee established under the bylaws to review the
complaint, or

(c) close the complaint file and give written reasons for the
closure to the complainant and the member, licensee or
certificate holder against whom the complaint was made.

(2) If after the review the member designated under subsection (1) or the
practice review or conduct review committee to which a complaint is
referred under subsection (1) considers that further investigation is
 warranted, the member or the committee, as the case may be, must
submit a report to the investigation committee recommending further
investigation and stating the reasons for the recommendation.

(3) If an inquiry under section 32 is not held in response to a complaint,

the council must have the complainant, and the member, licensee or
certificate holder against whom the complaint was made, informed of the
reasons.

Investigation committee

30 (1) The council must appoint an investigation committee of at least 5

persons, of whom one may be a non-member of the association, to hold
office for a term determined by the council.

(2) The council may terminate an appointment to the investigation

committee and may fill a vacancy on the committee.

(3) The investigation committee or a subcommittee composed of one or

more of its members appointed by the investigation committee may, on
receipt of a report under section 29 or subsection (7.1) of this section or
whenever it considers it appropriate, investigate a member, licensee or
certificate holder.

(4) A member, licensee or certificate holder being investigated under

subsection (3) must

(a) provide the committee or subcommittee conducting the

investigation with any information or records in the possession
or control of the member, licensee or certificate holder that the
committee or subcommittee may require,

(b) answer, within a reasonable time and in the manner

specified by the committee or subcommittee, any inquiries of
the committee or subcommittee, and

(c) appear, on request, before the committee or

subcommittee.

(5) A member, licensee or certificate holder must not refuse to comply

with this section on the grounds of confidentiality.
(6) If the investigation is being conducted by a subcommittee under
subsection (3), the subcommittee must prepare a report of its findings
and recommendations for the investigation committee.

(7) The investigation committee or subcommittee may

(a) make recommendations to the member, licensee or

certificate holder that was investigated

(i) following an investigation under subsection (3), or

(ii) on receipt of a report under subsection (6), or

(b) refer the matter for review to the practice review or

conduct review committee established under the bylaws
recommending a practice review or conduct review and stating
the reasons for the recommendation.

(7.1) On conclusion of a review, the practice review or conduct review

committee may, as it considers appropriate,

(a) make recommendations to the member, licensee or

certificate holder that was the subject of the review, and

(b) prepare a report of its findings and recommendations for

the registrar, investigation committee or subcommittee, as the
case may be.

(8) The investigation committee or subcommittee may inform the

complainant, if any, of the recommendations made under subsection (7)
(a) or (7.1) (a).

(9) Subject to subsection (10), if the investigation committee has

reasonable and probable grounds to believe that a member, licensee or
certificate holder

(a) has been convicted in Canada or elsewhere of an offence

that, if committed in British Columbia, would be an offence
under an enactment of the Province or of Canada, and that the
nature or circumstances of the offence render the person
unsuitable for registration or licensing,

(b) has contravened this Act or the bylaws or the code of

ethics of the association, or
 (c) has demonstrated incompetence, negligence or
unprofessional conduct,

the investigation committee must cause its recommendation for an

inquiry to be delivered to the discipline committee.

(10) If the investigation committee has reasonable and probable grounds

to believe that a member, licensee or certificate holder has contravened
section 21 or a bylaw made under section 10 (1) (g) or (m.1), the
investigation committee may cause its recommendation for an inquiry to
be delivered to the discipline committee.

Discipline committee

31 (1) The council must appoint a discipline committee of at least 5 members

of the association to hold office for a term determined by the council.

(2) The council may terminate an appointment to the discipline committee

and may fill a vacancy on the committee.

(3) The discipline committee may establish one or more panels composed
of at least 3 members of the discipline committee.

(4) On matters referred to a panel by the discipline committee, a panel

has the power and authority of the discipline committee.

(5) The discipline committee may refer a matter that is before the
committee to a panel or a matter that is before a panel to the discipline
committee or another panel, and may terminate an appointment to a
panel and fill a vacancy on a panel before the hearing of evidence.

(6) A person who has participated in a review or an investigation of a

matter must not participate as a member of the discipline committee in
an inquiry under section 32 concerning that matter.

(7) If the discipline committee considers that a delay in holding an inquiry

under section 32 concerning a member, licensee or certificate holder
would be prejudicial to the public interest, the discipline committee,
without giving the member, licensee or certificate holder an opportunity
to be heard, may suspend the membership, licence or certificate of
 authorization, or restrict the scope of practice, of the member, licensee or
certificate holder, until an inquiry and decision under section 32.

(8) If the discipline committee decides to act under subsection (7), it

must give written notice to the member, licensee or certificate holder of
its decision, of the reasons for it and of the right of the member, licensee
or certificate holder to apply to the Supreme Court to have the suspension
or restriction removed.

(9) The suspension of a membership, licence or certificate of

authorization, or restriction of the scope of practice, ordered under
subsection (7) is not effective until the earlier of

(a) the receipt by the member, licensee or certificate holder of

the written notice, or

(b) 3 days after the day written notice is mailed to the

member, licensee or certificate holder at the last address of
the member, licensee or certificate holder on file with the
association.

(10) An affidavit of the officer or employee of the association that sent

the notice under subsection (9) (b) is proof the notice was sent as
required under subsection (8) in the absence of evidence to the contrary.

(11) A member, licensee or certificate holder whose membership, licence

or certificate of authorization is suspended, or whose scope of practice is
restricted, under subsection (7), may apply to the Supreme Court to have
the suspension or restriction removed, and the court may make any order
respecting the suspension or restriction that it considers appropriate.

(12) A discipline committee member who takes part in the decision under
subsection (7) must not sit on any inquiry or appeal with respect to any
matter that was the subject of the decision taken under subsection (7).

Disciplinary inquiry

32 (1) [Repealed 2007-8-34.]

(2) On receipt of the investigation committee's recommendation under

section 30 (9) or (10) for an inquiry, the discipline committee must cause
 an inquiry to be held before it by causing written notice of an inquiry to
be personally served on the person who is the subject of the inquiry or,
failing personal service, by leaving the notice at, or by mailing it by
registered mail to, the person's last address on file with the association.

(3) Notice under subsection (2) must be given at least 14 days before the
inquiry unless this requirement is waived by the person who is the subject
of the inquiry.

(4) The notice must include all of the following:

(a) a statement of the time, place and purpose of the inquiry;

(b) a reference to the statutory authority under which the

inquiry will be held;

(c) a statement that if the person who is the subject of the

inquiry does not attend the inquiry, the discipline committee
may proceed with the subject matter of the inquiry in that
person's absence and make findings of fact and its decision
without further notice to that person.

(5) In the event of nonattendance of the person who is the subject of the
inquiry, the discipline committee, on proof of service of the notice under
subsection (2), which proof may be made by affidavit, may proceed with
the subject matter of the inquiry in that person's absence and make
findings of fact and its decision without further notice to that person.

(6) The discipline committee, or any member of the discipline committee,

may issue a subpoena for the attendance of a witness at an inquiry and
for the production of records by the witness at the inquiry.

(7) Failure of a witness to attend or produce the required records makes

the witness, on application by the association to the Supreme Court, liable
to be committed for contempt as if in breach of an order or a judgment of
the Supreme Court.

Consent orders

32.1 (1) After serving notice of an inquiry under section 32 (2) to the person
who is the subject of the inquiry, and before the commencement of the
inquiry, the discipline committee, in writing, may propose to that person
the making of a consent order under subsection (2) (a) of this section for
the voluntary resolution of one or more matters to be dealt with at the
inquiry.

(2) A consent order is made if

(a) the person who is the subject of an inquiry under section

32 (2) accepts the proposal of the discipline committee under
subsection (1) of this section, or

(b) an agreement is reached under section 32.2 (2) between

the person who is the subject of an inquiry under section 32
(2) and the discipline committee.

(3) A consent order made under subsection (2) (a) must contain

(a) the terms set out in the proposal made by the discipline
committee under subsection (1),

(b) one or more admissions by the person who is the subject

of the inquiry in relation to one or more of the matters to be
dealt with at the inquiry, and

(c) one or more of the orders set out in section 33 (2).

(4) A consent order made under subsection (2)

(a) has the same effect as an order made under section 33

(2), and

(b) may be dealt with under section 34 if conditions in the

consent order are not met.

(5) After a consent order is made under subsection (2), no further action
may be taken under this section and sections 21.2, 29 to 32, 32.2 and 33
with respect to the matters contained in the consent order.

(6) If the person to whom a proposal under subsection (1) is made rejects
the proposal,

(a) an inquiry under section 32 (2) respecting the matters

contained in the proposal must proceed as though the proposal
had not been made,
 (b) the discipline committee conducting the inquiry must not
consider the admissions contained in the proposal or the terms
of the proposal in determining the matters or in making an
order under section 33 (2) respecting the matters, and

(c) a person who participated in making the proposal under

subsection (1) must not participate as a member of the
discipline committee in the inquiry concerning those matters.

Alternative complaint resolution

32.2 (1) At any time before the commencement of an inquiry under section 32
(2), the person who is the subject of the inquiry, the registrar and the
discipline committee may agree that alternative complaint resolution, as
provided in the bylaws, will commence between the person who is the
subject of the inquiry and the discipline committee respecting one or more
matters to be dealt with at the inquiry.

(2) If the discipline committee and the person who is the subject of the
inquiry reach an agreement respecting one or more of the matters to be
dealt with at the inquiry, a consent order may be made under section
32.1 (2) (b) on the terms set out in the agreement.

(3) No further action may be taken under this section and sections 21.2,
29 to 32.1 and 33 with respect to a matter referred to in subsection (1) of
this section unless the discipline committee determines that an agreement
respecting the matter cannot be reached within a reasonable period of
time.

(4) If the discipline committee determines that an agreement respecting a

matter referred to in subsection (1) cannot be reached within a
reasonable period of time,

(a) an inquiry under section 32 (2) respecting the matter must

proceed,

(b) the discipline committee conducting the inquiry must not

consider the information disclosed during the alternative
complaint resolution process in determining the matter or in
 making an order under section 33 (2) respecting the matter,
and

(c) a member of the discipline committee who participated in

the alternative complaint resolution process must not
participate as a member of the discipline committee in the
inquiry concerning the matter.

Disciplinary actions

33 (1) After an inquiry under section 32, the discipline committee may
determine that the member, licensee or certificate holder

(a) has been convicted in Canada or elsewhere of an offence

that, if committed in British Columbia, would be an offence
under an enactment of the Province or of Canada, and that the
nature or circumstances of the offence render the person
unsuitable for registration or licensing,

(b) has contravened this Act or the bylaws or the code of

ethics of the association, or

(c) has demonstrated incompetence, negligence or

unprofessional conduct.

(2) If the discipline committee makes a determination under subsection

(1), it may, by order, do one or more of the following:

(a) reprimand the member, licensee or certificate holder;

(b) impose conditions on the membership, licence or certificate

of authorization of the member, licensee or certificate holder;

(c) suspend or cancel the membership, licence or certificate of

authorization of the member, licensee or certificate holder;

(d) impose a fine, payable to the association, of not more than

$25 000 on the member, licensee or certificate holder.

(3) The discipline committee must give written reasons for any action it
takes under subsection (2).

(4) If a member, licensee or certificate holder is suspended from practice,

 (a) the registration, licence or certificate of authorization is
deemed to be cancelled during the term of the suspension, and

(b) the suspended member, licensee or certificate holder is not

entitled to any of the rights or privileges of membership and
must not be considered a member while the suspension
continues.

Disciplinary action in other jurisdiction

33.1 (1) A member or licensee must inform the council of disciplinary action
taken against the member or licensee by a body that governs the practice
of professional engineering or professional geoscience in another province
of Canada or another jurisdiction outside Canada.

(2) The council may, after becoming aware of disciplinary action against a
member or licensee by a body that governs the practice of professional
engineering or professional geoscience in another province of Canada,
refer the matter to the discipline committee.

(3) After providing an opportunity to be heard to a member or licensee

referred to in subsection (2), the discipline committee may, without
causing an inquiry to be held, make one or more of the orders in section
33 (2) that it considers equivalent to the order made in the other
province.

(4) If the discipline committee makes an order under subsection (3),

section 33 (3) and (4) applies.

Conditions not met

34 (1) If the discipline committee imposes conditions under section 33 (2) (b)
and the discipline committee subsequently is satisfied that these
conditions have not been met, it may propose, in addition to any order
under section 33 (2), one or more of the following:

(a) imposition of further conditions;

(b) suspension or cancellation of the membership, licence or

certificate of authorization;
 (c) imposition of a fine, payable to the association, of not more
than $25 000 on the member, licensee or certificate holder.

(2) Notice of the proposal in subsection (1) and the reasons for it must be
given, in the manner set out in section 32 (2), to the person on whom the
conditions were imposed, setting out the proposal and giving the person
at least 28 days from the date that notice is given to deliver to the
discipline committee any written submissions the person wishes to make.

(3) After the time for delivering written submissions has elapsed, the
discipline committee may take the proposed action without a further
inquiry if

(a) no submissions have been made, or

(b) on reviewing the submissions that have been made the

discipline committee remains satisfied that the conditions have
not been met.

Cancellation of certificate of authorization

34.1 The council must inform the Registrar of Companies if a certificate of

authorization is cancelled under section 21.2 (2) (b), 33 (2) (c) or 34 (3).

Costs

35 (1) If the discipline committee makes a determination under section 33

(1), the discipline committee may direct that reasonable costs of and
incidental to the investigation under section 30 and the inquiry under
section 32, including reasonable fees payable to solicitors, counsel and
witnesses, or any part of the costs, be paid by the person, and the costs
may be determined by the committee.

(2) If the allegations that were the subject of an inquiry under section 32
are not proven, the discipline committee may direct that reasonable costs
of and incidental to the inquiry and any further inquiry, including
reasonable fees payable to solicitors, counsel and witnesses, or any part
of the costs, be paid by the association, and the costs may be determined
by the committee.
 (3) If the discipline committee directs that costs be paid and determines
the amount under subsection (1) or (2), the amount may be assessed by
the registrar or district registrar of the Supreme Court, in the judicial
district in which the inquiry under section 32 takes place, as special costs
under the Supreme Court Civil Rules, as nearly as they are applicable.

(4) If the certificate of the registrar certifying the amount of costs

awarded under subsection (3) is filed with the court, it may be enforced
as if it were an order of the court.

(5) If the discipline committee has directed costs against a person under
subsection (1) and the costs have not been paid, the discipline committee
may order that, without a further inquiry, the membership or licence of
that person be suspended or cancelled until the costs are paid.

Legal assistance for council

36 For the purpose of carrying out its duties under this Act, the council may
employ, at the expense of the association, legal counsel or assistance the
council thinks necessary or proper.

Right to counsel

37 A person whose status or conduct is the subject of inquiry also has the
right to be represented by counsel.

Testimony under oath

38 The testimony of witnesses must be taken under oath, which a member of

the discipline committee may administer.

Appeal

39 (1) Any person who feels aggrieved by an order of the discipline

committee under section 33 (2), or whose application for membership in
the association, or for a licence has been refused under section 13 (1) (d)
or 13 (2), may appeal from the order or refusal of the application to the
Supreme Court within 42 days from the date of that order or refusal.
 (2) A corporation, partnership or other legal entity, other than an
individual, aggrieved by an order of the discipline committee under
section 33 (2), or whose application for a certificate of authorization is
refused under section 14 (1) or (8), may appeal the order or refusal of
the application to the Supreme Court within 42 days of the making of the
order or refusal.

(3) The appellant must appeal by filing in the Vancouver Registry of the
Supreme Court a notice of appeal setting out the ground on which the
appeal is based.

(4) With the notice of appeal, the appellant must also file a copy of the
proceedings, the evidence taken, the order of the council or discipline
committee in the matter, and the reasons, if any, certified by the registrar
of the association.

(5) The appellant must cause to be served on the registrar of the

association a copy of the notice of appeal.

(6) The notice of appeal must state a place and time, not less than 7 clear
days after the service of it, on which the appeal is to be heard.

(7) On hearing the appeal, the court may

(a) sustain, reverse, alter or amend the order,

(b) remit the matter to the council or discipline committee for

rehearing, or

(c) make any order as to costs or otherwise as to the court

seems right.

(8) An appeal must be heard and determined on its merits, and must not
be defeated merely because of a technical defect in the proceedings.

(9) The registrar of the association, on the request of any person desiring
to appeal, must provide the person, on payment by that person of the
costs of the transcripts provided, with a certified copy of all proceedings,
reports, orders, reasons and the papers on which the council or discipline
committee has acted in making the order complained of.

Evidence of registration
 40 In any proceedings or prosecution under this Act in which proof is required
that any person is or is not a member of the association, a certificate
purporting to be signed by the registrar and under the seal of the
association that the person is or is not a member of the association is
proof in the absence of evidence to the contrary of the fact so certified,
without proof of the signature or of the seal or of the person signing being
in fact the registrar.

Personal liability protection

41 (1) Subject to subsection (2), no legal proceeding for damages lies or may
be commenced or maintained against the members of the council, an
employee or officer of the association, a member of the association or an
individual acting on behalf of the association or under the direction of the
council because of anything done or omitted

(a) in the performance or intended performance of any duty

under this Act, or

(b) in the exercise or intended exercise of any power under

this Act.

(2) Subsection (1) does not apply to a person referred to in that

subsection in relation to anything done or omitted by that person in bad
faith.

(3) Subsection (1) does not absolve the association from vicarious liability
arising out of anything done or omitted by a person referred to in that
subsection for which the association would be vicariously liable if this
section were not in force.

Bylaw continuation

42 The bylaws passed under the former Act remain in effect until new bylaws
or amendments are passed and approved under this Act.

Offence Act

43 Section 5 of the Offence Act does not apply to this Act or to bylaws made
under this Act.
Practice review committee

44 If a practice review committee is created under section 10 (1) (d), a

member, licensee or certificate holder

(a) must, on request, provide the practice review committee

with any relevant information, record, document or thing, and

(b) may not refuse to comply with a request under paragraph

(a) on the grounds of confidentiality.

Conduct review committee

44.1 If a conduct review committee is created under section 10 (1) (d.1), a

member, licensee or certificate holder

(a) must, on request, provide the conduct review committee

with any relevant information, record, document or thing, and

(b) may not refuse to comply with a request under paragraph

(a) on the grounds of confidentiality.

Court ordered production

45 On application by the council to the Supreme Court, the Supreme Court

may order that a person produce any record or thing to an officer,
committee or subcommittee of the association, or to a person designated
by the council, if the court is satisfied that it is relevant to and reasonably
required by the officer, committee or subcommittee for

(a) an investigation of the conduct of a current member,

licensee or certificate holder, or

(b) a review of the professional practice of a current member,

licensee or certificate holder.

Confidentiality

46 (1) A person acting under this Act must keep confidential all facts,
information and records obtained or provided under this Act or under a
former enactment, except so far as public duty requires or this Act or the
bylaws permit the person to make disclosure of them or to report or take
official action on them.

(2) Except in a proceeding under this Act, a person to whom subsection

(1) applies must not in any civil proceeding be compelled to give evidence
respecting any facts, information or records obtained in the course of the
person's duties.