Disallowance Period for Registration Bylaw Passes

Special Bylaw Amendment Results - Bylaw 11(e) and 7(c)

Judge Delays Decision Invalidating Bylaw 11(e)(2)

Background - Invalidation of Bylaw 11(e)(2)

Disallowance Period for Registration Bylaw Passes

March 8, 2008
New Registration Bylaw in Effect

In a special bylaw vote in December of last year, the membership voted 97% in favour of a new registration bylaw to replace an existing bylaw that was earlier ruled invalid by a BC Supreme Court Judge. Following the vote, the new registration bylaw was brought to the Lieutenant Governor in Council for review.

The disallowance period has now passed and the revised registration bylaws are now in effect. Updated copies of the Bylaws of the Associationwill be made available on our website shortly.

Special Bylaw Amendment Results - Bylaw 11(e) and 7 (c)

December 20, 2007
For Immediate Release
News Release - APEGBC Members Vote in Favor of New Registration Bylaw

VANCOUVER—The membership of the Association of Professional Engineers and Geoscientists of BC has voted in favor of a new registration bylaw in a special bylaw vote. A two-thirds majority of the members voting is required to pass a bylaw. With 97% of the voters in favor of the new registration bylaw, it will now be sent for review by the Lieutenant Governor in Council. That process, if successful, will be concluded in early February 2008, after which the bylaw will take effect. Current registrations of Professional Engineers and Professional Geoscientists will not be affected.

In September 2007, a BC Supreme Court Judge ruled that APEGBC’s existing bylaw governing registration of professional engineers and professional geoscientists is invalid. On December 14, 2007, the Judge delayed the effect of his decision until March 21, 2008, thereby allowing the Association time to put a new bylaw in place.

APEGBC is the regulatory and licensing body for the professions of engineering and geoscience. With over 24,000 members, APEGBC is one of the largest professional associations in BC and maintains high academic, experience and professional practice standards. APEGBC members deliver real world solutions to meet the technological and social challenges of the 21st century.

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News Directors/Editors: For more information on the bylaw amendment, please visit www.apeg.bc.ca/reg/bylaw.html. Media inquiries, please contact Andria Ink 604-376- 8629.

Also available: View the news release in pdf format

Judge Delays Decision Invalidating Bylaw 11(e)(2)

December 17, 2007
For Immediate Release
NEWS RELEASE - Professional Registration of Engineers and Geoscientists Resumes

VANCOUVER—The effect of a BC Supreme Court Judge’s September 21st, 2007 decision declaring one of the Association of Professional Engineers and Geoscientists (APEGBC) registration by-laws invalid has been delayed until March 21, 2008, allowing the Association time to put a new by-law in place. The judge delayed the effect of his decision on December 14, 2007, as he felt significant harm would be done to applicants who would otherwise have satisfied the Association of their entitlement to become members. The by-law in question is (11(e)(2)) of the Engineers and Geoscientists Act.

Some 189 applicants were affected by the September decision and will be granted their professional designation as Professional Engineer (P.Eng.) or Professional Geoscientist (P.Geo.) immediately. “We’re addressing this situation on a number of levels, and I’m very pleased that we can once again grant registrations, while we put a new by-law in place. The professional designations of P.Eng. and P.Geo. are synonymous with trust, accountability and professionalism,” says APEGBC President Janet Benjamin, P.Eng.

Under this decision, APEGBC’s ability to register applicants will expire on March 21, 2008 unless other legislation exists to permit continuing registration. The Association’s members are currently voting on a new by-law and the results of the vote will be available December 20, 2007. If approved by the members, this by-law will then be subject to a 45-day review by the Lieutenant Governor in Council before it can take effect.

Founded in 1920, APEGBC is the licensing and regulatory body for professional engineers and geoscientists. With over 24,000 members, APEGBC is one of the largest professional associations in BC. From mineral exploration to seismic safety, APEGBC is dedicated to protecting the public and the environment through setting and maintaining high standards of entry and professional practice. APEGBC regulates the professions of engineering and geoscience under the Engineers and Geoscientists Act.

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News Directors/Editors: For more information on the by-law amendment, please visit www.apeg.bc.ca/reg/bylaw.html. Media inquiries, please contact Andria Ink 604-376- 8629.

Also available: View the news release in pdf format

Background - Invalidation of Bylaw 11(e)(2

Special Bylaw Amendments

	Registered Members - Bylaw 11(e) Registration Committee - Bylaw 7(c)
full brochure

Court Determines 51-year old Bylaw is Invalid

APEGBC was recently involved in a Court case where an applicant for professional membership challenged the validity of the bylaw that sets out the experience requirement for registration. The applicant called into question the validity of the bylaw upon which the decision to refuse his registration as a professional engineer was based, Bylaw 11(e)(2).

Section 13(1)(c) of the Engineers and Geoscientists Act indicates that Council sets the criteria for acceptable experience and articulates these requirements through the bylaws of the Association. Correspondingly, Bylaw 11(e)(2) states that:

“11 (e) Registration as a full member of the Association may be granted to a Canadian
citizen or permanent resident of Canada when Council is satisfied that the applicant is of good character and repute and:
(2)  has 4 years’ experience, training and development in engineering or
geoscience satisfactory to the Council.”

The presiding judge in the case ruled that Bylaw 11(e)(2) is invalid because it is not explicit enough in defining what kind, and how much experience is required. Section 13 (1)(c) of the Act notes that experience requirements are established by the bylaws, whereas the corresponding bylaw, Bylaw 11 (e)(2), notes that the 4 years’ experience requirement is at the discretion of Council, thus establishing a circular relationship between the Act and the bylaws.

In his determination, the judge affirmed that the Act recognizes that the Association has the authority to weigh the qualifications of those applying to become professional engineers and geoscientists. He also recognized that the Act also permits the Association to set the standards to be met by those wishing to practice as professional engineers or geoscientists in BC. However, what are deemed to be at fault are the lack of definition in what experience is necessary and the lack of articulation of these experience requirements in a bylaw. The judge refused to order that the applicant had satisfied the requirements for full membership in the Association, but rather, remitted the matter to the Association so that it could more clearly articulate its experience requirements in a bylaw.

As a result of the Court’s ruling, as of September 21, 2007, there is no longer a bylaw which 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, effective September 21, 2007 it is temporarily ceasing to grant registration to professional engineers (P.Eng.) and professional geoscientists (P.Geo.), including non-resident licensees. All those registered prior to September 21, 2007 are unaffected by this change.

This action is not taken lightly, and APEGBC acknowledges the distress that the current situation may cause for its members-in-training and applicants for professional membership, and expresses its sympathy for all those affected. The Association is working to resolve the situation as swiftly and effectively as possible so as to limit the disruption to those applying for membership as professional engineers and professional geoscientists. APEGBC sincerely regrets any inconvenience or issues this will cause for our members and applicants for professional registration.

APEGBC is unable to grant professional registrations until either a new bylaw has been passed by Council, ratified by the membership, and approved by the provincial government, or until the wording in Section 13 (1)(c) of the Engineers and Geoscientists Act is changed.

Written into law in 1955, the section of the Act in question is 52 years old, and the accompanying bylaw is 51 years old.  For some years, the Association has been seeking a rewrite of the Act, which has, at various times, required much needed modernizing and “housekeeping” amendments, as well as updates to make it consistent with other legislation. The Act itself was established in 1920, and re-written once in 1955.

APEGBC is currently exploring all of its options to resolve this situation.  All proposed resolutions will require due process, and as such it is unlikely that the situation will be resolved before February 2008. On October 26, 2007, the Association’s Council approved a replacement bylaw detailing specific experience requirements for registration.  This bylaw is currently before  the membership for ratification.  If the bylaw is approved by the membership, it is expected that APEGBC will be able to resume granting of registrations by mid February 2008.  

Pending bylaw approval,  Council has approved that a temporary Limited Licence in engineering or geoscience be issued to applicants who would otherwise be eligible for registration as professional engineers or professional geoscientists so that they may proceed with engineering or geoscience tasks within their scope of practice. There will be no additional fee for this licence above what would normally be charged for application for professional membership and licence to practice. Once the bylaw is approved, holders of these temporary Limited Licences will be automatically upgraded to full professional registration.

As bylaw ratification requires a two-thirds majority, APEGBC will be seeking an amendment to Section 13 (1)(c) of the Engineers and Geoscientists Act as a contingency measure. An amendment to this section of the Act is another effective resolution to the current issue. APEGBC will be working collaboratively with the Ministry of Advanced Education to make provision for a legislative amendment should the bylaw fail to pass.