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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
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Section |
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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 by or under this Act for the admission by examination to membership in the association, and, without limitation, includes reporting on, designing or directing the construction of public utilities, industrial works, railways, bridges, highways, canals, harbour works, river improvements, lighthouses, wet docks, dry docks, floating docks, launch ways, marine ways, steam engines, turbines, pumps, internal combustion engines, airships and airplanes, electrical machinery and apparatus, chemical operations, machinery, and works for the development, transmission or application of power, light and heat, grain elevators, municipal works, irrigation works, sewage disposal works, drainage works, incinerators, hydraulic works, and all other engineering works, and all buildings necessary to the proper housing, installation and operation of the engineering works embraced in this definition;
"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.
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 under the Power Engineers and Boiler and Pressure Vessel Safety Act or the Mines Act or under a registration, licence or certificate under those Acts.
(6) Nothing in this Act 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) Nothing in this Act 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.
3 The Association of Professional Engineers and Geoscientists of the Province of British Columbia is continued as a corporation.
4 The association may acquire and dispose of property.
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 and the bylaws of the association as long as they remain on the register.
6 (1) The president must be elected annually by the members of the association 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 must be elected annually by the members of the association, one of whom must be designated by the council to have all the powers and rights of the president during the president's absence.
(5) A vice president may hold office until a successor is elected.
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.
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 by this Act or by the bylaws, and
(c) may pass resolutions necessary for the purposes of paragraphs (a) and (b).
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 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
(a) subject to subsection (8), each serves for a 2 year term, and
(b) 2 must be appointed each year.
(5) Despite subsection (4), the term of office of councillors appointed under section 6 (8) of the Engineers and Geoscientists Act, R.S.B.C. 1979, c. 109, as it was on June 1, 1993 ends January 1, 1994 and
(a) subsection (4) does not apply to the appointment of their immediate successors in office,
(b) 2 of the first councillors must be appointed under subsection (4) to serve for a one year term, and
(c) 2 of the first councillors must be appointed under subsection (4) to serve for a 2 year term.
(6) The association must conduct a letter ballot of members each year to elect the councillors to be elected by the members and
(a) each year the election must be for 1/2 the number of councillors to be elected by the members,
(b) in the event of a tie vote, the winner is the candidate with greater seniority as a member, and
(c) each councillor elected by the members 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 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.
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;
(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;
(e) the circumstances and manner in which the members, licensees and certificate holders must disclose that errors and omissions liability insurance is or is not held or applicable;
(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 setting of an annual fee and other fees, including fees on admission;
(h) the levying, payment, remission and collecting of annual and other fees;
(i) the establishment and regulation of standards of admission to membership and the enrolment and qualifications of candidates for admission to membership;
(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;
(l) the subjects of study, the examinations to be passed, the experience required and the fees to be paid 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;
(n) the resignation of members;
(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, the method of balloting, 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.
(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.
11 (1) A bylaw does not come into force unless ratified by at least 2/3 of the votes cast by letter 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).
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, 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 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 at the member's last recorded address.
(7) The council may, and on written request of 25 members of the association must, take a vote of the members of the association by letter ballot in the manner provided by the bylaws of the association on any matter that, under this Act and the bylaws, 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.
13 (1) The council must admit an applicant to membership in the association who is a Canadian citizen or permanent resident of Canada, and who has submitted 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 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.
(3) A person desiring 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 not a citizen or a permanent resident of Canada, whose qualifications are those required by subsection (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) On producing evidence satisfactory to the council of his or her qualifications under subsection (4) and on payment of the prescribed fees, a person must be granted the licence.
(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.
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 and the bylaws,
(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) A certificate of authorization may be revoked, or its renewal withheld, by the council for failure to comply with this Act or the bylaws or if the certificate holder
(a) is convicted in Canada or elsewhere of an offence that, if committed in British Columbia, would be an offence under an enactment of Canada or the Province and, in the circumstances, renders the certificate holder unsuitable for the practice of professional engineering or for the practice of professional geoscience,
(b) contravenes this Act, the bylaws or the code of ethics of the association, or
(c) has demonstrated incompetence, negligence or unprofessional conduct.
(9) The council must inform the Registrar of Companies if a certificate of authorization is cancelled.
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 by this Act or by the bylaws.
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 by 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 by 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 by 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.
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.
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.
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.
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 with which the engineer's name, the words "Professional Engineer, Province of British Columbia" and other designation required by the bylaws may be impressed.
(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 with which the geoscientist's name, the words "Professional Geoscientist, Province of British Columbia" and other designation required by the bylaws may be impressed.
(8) On issuing a certificate of limited licence, the association must provide the licensee with a seal or stamp impressed with 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.
21 (1) Every member of the association and every licensee must pay in advance to the executive director, or any person authorized by the council to receive it, the annual fee set by the bylaws.
(2) An annual fee is deemed to be a debt due by the member or licensee to the association, and, in addition to any other remedy, is recoverable with costs by the association in any court of competent jurisdiction.
(3) If a member of the association omits to pay the established annual fee before March 1 in any year, the member is liable to have his or her name struck off the register.
(4) If a member is still in default one month after notice in writing has been sent by registered mail to the member at his or her last recorded address, demanding payment, the registrar, on direction of the council, must strike the member's name off the register without further notice.
(5) If a member's name is struck off the register, the person ceases to be registered and must not be registered again except at the discretion of the council and on payment of the arrears and reinstatement fee that the council directs.
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.
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.
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.
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.
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.
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 $10 000 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.
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.
29 (1) If the association receives a complaint against a member, licensee or certificate holder, the registrar must designate a member to review the complaint.
(2) If after the review the member designated under subsection (1) considers that further investigation is warranted, the member 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.
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 whenever it considers it appropriate, investigate a member, licensee or certificate holder regarding any matter about which an inquiry may be held under section 32.
(4) A member, licensee or certificate holder that is being investigated under subsection (3) must 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.
(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 make recommendations to the member, licensee or certificate holder that was investigated
(a) following an investigation under subsection (3), or
(b) on receipt of a report under subsection (6).
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).
32 (1) 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, without reasons, to be delivered to the discipline committee.
(2) On receipt of the investigation committee's recommendation 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.
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 revoke 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 or licence 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.
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 revocation 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.
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 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 revoked until the costs are paid.
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.
37 A person whose status or conduct is the subject of inquiry also has the right to be represented by counsel.
38 The testimony of witnesses must be taken under oath, which a member of the discipline committee may administer.
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), 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.
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.
41 An action does not lie against the council or any member of the association for any proceedings taken or enforced or attempted in good faith under a bylaw of the association or for anything done in good faith and under this Act.
42 The bylaws passed under the former Act remain in effect until new bylaws or amendments are passed and approved under this Act.
43 Section 5 of the Offence Act does not apply to this Act or to bylaws made under this Act.
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.
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.
46 (1) A person acting under the authority of this Act or the bylaws must keep confidential all facts, information and records obtained or provided under this Act or the bylaws 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 or the bylaws, 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.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada