Extraordinary Bylaw Vote – Experience Requirement for Registration
Registration Bylaw Package to be mailed November 19, 2007
As reported in the October issue of this newsletter, on September 21, 2007, Justice Johnston of the Supreme Court of British Columbia declared APEGBC’s Bylaw 11(e)(2) invalid. This decision was the result of a court case where an applicant for professional membership challenged the validity of the bylaw that sets out the experience requirement for registration.
As a result of the Court’s ruling, there is no longer a bylaw that references the experience required to be registered as a professional engineer or professional geoscientist. As APEGBC considers this to be a crucial aspect in determining qualification for membership, it has temporarily ceased to grant licences to new professional engineers (P.Eng.) and professional geoscientists (P.Geo.), including non-resident licensees, until a new experience bylaw can be ratified by the membership. This does not affect any professional members registered prior to September 21, 2007.
In an effort to resolve this situation, on October 26, 2007, Council approved an amendment to Bylaw 11(e) that more clearly defines in the bylaws the experience required for registration as a professional engineer or geoscientist. Council also approved a new bylaw that formalizes the role of the Registration Committee as it relates to the duties delegated to the committee by Council.
These bylaw amendments will be forwarded to the membership by letter ballot for ratification on November 19, 2007. The vote will close at noon on December 19, 2007 with the ballot count occurring on December 20. Should the bylaws in question be ratified by the membership on December 20, they will then be forwarded to BC’s Lieutenant Governor in Council who, as per the Act, has 45 days during which they may disallow the amendments. The bylaws will come into force should they not be disallowed during this time.
It is expected that registration of professional engineers and geoscientists will resume in mid-February should the ratification process occur as described. This is an important issue that directly impacts the legislative mandate of APEGBC. All APEGBC members are strongly encouraged to vote and to support these important amendments.