These by-law changes were drafted to support the changes being made to The Engineering and Geoscientific Professions Act ('the Act'), through Bill 233.
The changes being proposed can be categorized into:
Appeal Committee and Appeals
- The changes to the Act establish an Appeal committee to hear appeals of the Registration Committee and of dismissals, cautions, and penalties by the Investigation Committee. Decisions of the Discipline Committee will now be appealed directly to the Court of Appeals.
- The proposed update to the by-laws includes establishing the Appeal Committee’s constitution and processes through the new Part XX, and updated wording throughout the by-laws to reflect the Act changes.
Considerations by the Registrar
- The changes to the Act allow the Registrar to be able to:
- Approve applications from engineers and geoscientists from other jurisdictions (mobility applications); and
- Approve Certificate of Authorization applications. - The proposed updated wording for the by-laws clarifies in which situations the registrar may decline certain applications, in which case the applicant would then be able to appeal to the new Appeal Committee for consideration.
Professional Development Requirements
- The updated definition of 'Practitioner' in the Act now includes a holder of a Certificate of Authorization. Holders of a Certificate of Authorization are not required to complete Professional Development, and the language in the by-laws is updated to reflect that.
Investigation Committee
- The change to the by-laws removes By-law 15.3.4, as it will be redundant with the new Act. This will cause minor numbering changes.
- By-law 15.3.9 Report of the Committee is updated to say that the report must include the reasons for the decisions of the Investigation Committee as well as the decision.
Receipt and Deemed Receipt of Notices
- The Act change includes changes requested by government on when notices are deemed to have been received. The proposed wording aligns the by-laws with the Act change.
Publication
- The Act change includes updates to when the investigation committee can publish decisions. The proposed change to the by-laws aligns the by-laws with the Act.
Administrative
- References to the Act have been updated to reflect any changes.
The blackline PDF of all drafted by-law changes can be found below. Please note that this is still a draft and changes may be made before the by-laws go to the membership for vote.
Comments and questions can be posted on the member forum, which is accessed through the member login page. Additionally, comments or questions can be emailed to the staff support for the By-law Review Committee, Danielle Unett.