Exam Scope and Syllabus Notes

 Professionalism (8%)
o Definition and interpretation of professionalism and professional status.

o The roles are responsibilities of professionals in society.
 Members are expected to conduct themselves in a manner that:
 Is in the best interests of the public
 Is in accordance with the Code of Ethics
 Maintains or improves the standing of the professions generally
 Demonstrates knowledge, skill and judgement in the practice of the
profession
 Members are:
 Accountable for their professionals
 Their own practice
 The practice of individuals under their supervision
 Must ensure that they and those under their supervision or control
maintain appropriate levels of competency
 APEGA Code of Ethics
 Five encorceable rules of conduct:
o Health, safety and welfare of the public and regard for the
environment
o Competence and knowledge
o Integrity, honesty, fairness, and objectivity
o Compliance with statutes, regulations and bylaws
o Honour, dignity, and reputation of the professions
o Geoscience professions in Canada; definition and scopes of practice.
o The value of geoscience professions to society.
o The roles are responsibilities of professionals to management.
 Ethics (17%)
o The role of ethics in society; cultures and customs.
o Classical and modern ethical theories and principles.
o Codes of ethics of Professional Geoscientists in Canada.
o Ethical standards and codes and their relationship to the conduct of a Professional.
o Common ethical issues and dilemmas; making ethical decisions.
 Professional Practice (22%)
o Professional Practice
 The practice of engineering or geoscience performed by an individual
practitioner or an organization
 Includes consulting, service, and operating companies
 Management
 Purpose
o Mission statement defines professional practice, corporate
philosophy and long range objectives
  Establishes a sense of responsibility to employees,
clients, and the public
 Restricts the scope of practice to areas of competence
 Strategic Planning
o Long term corporate strategy
o Internal - Strengths and weaknesses of the practice and the
personal values of its key personnel
o External – Opportunities, expectations
 Organizational Structure
o Essential for effective communication and control
o Organization for projects should be established
 Facilities, Resources, and Equipment
o Practice should provide access to the appropriate tools to do
the work effectively.dd
 Loss Control and Risk Management
o Assessing risk factors, potential liabilities, changes in procedures
of new situatiosn not covered
o Funding exposure to risk
o Establishing Risk management program
o Practicing effective dispute resolution methods
 Negotiating and Contracting Policies
o Fee structure
o Conform to standards of conduct
o Scope, fee structure, must be established with care
o Shouldl protect public, satisfy client needs, and act in fairness
and good faith.
o Avoid conflicts of interest, and declare in advance before
continuing
 Human Resource Management
o Promotion from within, commitment to employee career
development
o Feedback should be provided on a regular basis.
o Objective and open discussion of strengths and weaknesses,
particularly with respect to
 Professional Competence
 Ensure continuing competence of its professional staff
o Beyond technical knowledge and project execution such as
integrity, ethics, and reliability
 Selection of Staff
o Registration is required for all individuals engaging in the
practice of engineering and geoscience
o Registration is a requirement for those who will carry out
professional assignments on behalf of the firm
  Professional Development
o Practicing members need to participate in appropriate
education and training such as
 Formal training sessions conducted by the organization
or by recognized outside organizations
 Informal on the job training
 Encouragement of informal information sharing
between employees
o Individual members must maintain their own technical
competence in all areas where they practice
 Should actively participate in appropriate professional
and technical societies
o Staff must be knowledgeable in current codes and standards
o
o Professional accountability for work, workplace issues, job responsibilities and standards
of practice.
o Relations with other professionals and non-professionals; business practices.
o Statutory and non-statutory standards and codes of practice.
o Insurance, risk management and quality management; due diligence.
 Quality Management
 Concerned with”
o Providing conditions conducive to practicing professionally
o Maintaining a level of technical competency commensurate
with the professional service being performed
o Providing assurance that work is done competently and with
due diligence
o Coordinating the efforts of project teams
o Ensuring that appropriate and sufficient records are kept
o Environmental responsibilities and sustainable development.
o Use of software, computers and internet-based tools; liability for software errors.
o Documentation authentication and control.
o Duty to inform; whistleblowing.
 Communication (1%)
o Legal, ethical and practical aspects of communication.
o The professional relationship.
o Communication skills.
 Law for Professional Practice (19%)
o The Canadian legal system.
o Contract law – elements, principles, and applications.
o Tort law – elements, principles, and applications.
o Civil code in Quebec and common law in the rest of Canada.
o Business, employment, and labour law.
o Arbitration and alternative dispute resolution.
o Intellectual property – patents, trademarks, trade secrets, software issues, copyright.
 Patents
 Cover new and useful inventions (product, composition, machine,
process) or any new and useful improvement to an existing invention
 Give the inventor a monopoly over their creation for a period of time
(maximum of 20 years after patent application)
 Patents do not extend to other countries, must be patented in each
country
 Patent Requirements
o Novelty
o Utility
o Inventiveness
 Patentable Items
o Products
o Compositions (e.g. chemicals)
o A Machine
o A Process
o An improvement on the above
 Trade Marks
 May be one or a combination of words, sounds or designs used to
distinguish the goods or services of one person or organization from
those of others
 Must be renewed every 10 years for registered trademarks
 Can’t register the following:
o Names, surnames
o Descriptive marks
o Deseceptively misdescriptive marks
o Places of orign
o Words in other languages
o Confusing with a registered or pending trademark
o Trademarks that are identical or likely to be mistaken for
prohibited marks
 Trade Secrets
 Information kept secret
 There is nothing to prevent someone from independently discovering
or inventing the secret, obtaining a patent or publishing the
information
 Software Issues
 Copyrights
 Provides protection for literary, artistic, dramatic or musical works
(including computer programs) and other subject-matter known as
performer’s performances, sound recordings and communication
signals
 Also protects
 o Performances
o Sound Recordigs
o Communication signals
 Effective in all countries under the treaties that applies
 Simple terms – The right to copy, i.e. the sole right to produce or
reproduce a work or a substantial part of it in any form
 It includes the right to perform the work
 Industrial Designs
 Are the visual features of shape, configuration, pattern or ornament,
or any combination of these features applied to a finished article
 Protects a product’s unique appearance, not what it is made of
 Not protected
o Ideas
o Methods of construction
o Materials used in the construction of an article
o Function of an article
o Expert witness.
o Construction liens.
o International law.
 11.Environmental law.
 12.Workers compensation and occupational health and safety.
 13. Human rights and privacy legislation.
 Professional Law (7%)
o The Acts, Regulations and Bylaws; Provincial and Territorial Acts.
 Ontario – Professional Geoscientists Act, 2000
o Codes of ethics; conflicts of interest.
o Admission to the Professions.
o Illegal practice; enforcement against unlicensed practice and misuse of the title.
o Professional and technical societies.
 Regulation and Discipline Processes (9%)
o Discipline and enforcement procedures.
o Professional inspection; practice reviews of individuals.
 Investigative Committee to Investigate Complaints
 Discipline Committee to decide whether a member’s conduct constitutes
unskilled practice or unprofessional conduct and to order sanctions against the
member if appropriate
o Response to complaints.
o Licensing corporations and practice review of firms.
o Response to unethical or incompetent practice; consequences of unethical practice.
 Unskilled practice
 Below acceptable standards of practice in either technical competence
or overall performance of the scope of services undertaken
  Unprofessional conduct is conduct by an APEGA member which is in violation of
the Code of Ethics or which is otherwise inappropriate regardless of whether or
not the conduct arises within the member’s professional practice
o Canadian and international mobility.
o Continuing professional development.
o Use of seals and stamps.
 Geoscience Practice in Ontario (17%)
o Acts and Regulations governing major areas of geoscience practice in Ontario.
 Professional Geoscientists Act, 2000

Professional Geoscientists Act, 2000

 Association
o means the Association of Professional Geoscientists of Ontario established by section
27; (Ordre)
 Certificate of Authorization
o means a certificate of authorization issued by the Association; (certificat d’autorisation)
 Certificate Holder
o means a corporation, partnership or other entity to whom a certificate of authorization
is issued; (titulaire de certificat)
 Complaints Committee
o means the complaints committee established by the Association; (comité des plaintes)
 Council
o means the council of the Association; (conseil)
 Discipline Committee
o means the discipline committee established by the Association; (comité de discipline)
 Member
o means a member of the Association; (membre)
 Minister
o means the Minister of Northern Development, Mines and Forestry or such other
minister as may be designated under the Executive Council Act to administer this Act;
(ministre)
 Prescribed
o means prescribed by regulations made under this Act; (prescrit)
 Registrar
o means the Registrar appointed under subsection 32 (1); (registrateur)
 Registration Committee
 o means the registration committee established by the Association. (comité d’inscription)
2000, c. 13, s. 1; 2009, c. 33, Sched. 23, s. 7.
 Practice of professional geoscience
o 2 (1) An individual practises professional geoscience when he or she performs an activity
that requires the knowledge, understanding and application of the principles of
geoscience and that concerns the safeguarding of the welfare of the public or the
safeguarding of life, health or property including the natural environment. 2000, c. 13,
s. 2 (1).
 PROHIBITIONS
 Practice
o 3 (1) An individual shall not practise professional geoscience unless he or she is a
member of the Association and practises in accordance with the terms,
conditions and limitations imposed on his or her membership. 2000, c. 13,
s. 3 (1).

 Same
o (2) An individual shall not imply or represent that he or she is qualified to
practise professional geoscience unless he or she is a member of the
Association. 2000, c. 13, s. 3 (2).
 Exceptions
o (3) Subsections (1) and (2) do not apply to the following individuals:
 1. An individual who is in training to be a geoscientist or professional
geoscientist and who is,
 i. employed or engaged by a member or by a certificate holder,
and
 ii. supervised by a member when the individual is practising
professional geoscience.
 2. An individual who is licensed as a professional engineer under
the Professional Engineers Act and who is competent by virtue of training
and experience, in accordance with the regulations made under that Act,
to engage in practices that would also constitute the practice of
professional geoscience.
 3. An individual who is an Ontario land surveyor within the meaning of
the Surveyors Act whose practice is confined to managing geographic
information.
 4. An individual who is a land information professional whose practice is
confined to managing geographic information.
 5. An individual who is engaged in activities that are confined to
prospecting within the meaning of the Mining Act.
 6. Such other classes of individuals as may be prescribed. 2000, c. 13,
s. 3 (3).
 Engaging in business
o 4 (1) A corporation, partnership or other entity shall not engage in the business
of offering or providing services to the public that constitute the practice of
professional geoscience unless,
 (a) the corporation, partnership or other entity has a certificate of
authorization to do so; and
 (b) the corporation, partnership or other entity does so in accordance
with the certificate of authorization. 2000, c. 13, s. 4 (1).
 Exception
o (2) Subsection (1) does not apply to a partnership or other entity offering the
services in the name of one or more members of the Association who are also
members of the partnership or entity. 2000, c. 13, s. 4 (2).
 Same
o (3) Subsection (1) does not apply to a corporation, partnership or other entity
that does not employ or use the services of a member or certificate holder and
that holds a certificate of authorization under the Professional Engineers Act that
qualifies it to provide services that would also constitute the practice of
professional geoscience. 2000, c. 13, s. 4 (3).
 Use of designations
o 5 (1) An individual shall not use the designation “professional geoscientist” or
the abbreviation “P.Geo.”, or the corresponding French expression or
abbreviation, unless he or she is a member of the Association. 2000, c. 13,
s. 5 (1).
 Same
o (2) An individual shall not imply or represent that he or she is a member of the
Association if he or she is not a member. 2000, c. 13, s. 5 (2).
 Use of stamp or seal
o 6 (1) An individual shall not affix the stamp or seal of a member or a certificate
holder to a document or record (or a copy of one) unless,
o (a) the document or record was prepared by or under the supervision of the
member or by or under the supervision of a member retained or employed by
the certificate holder, as the case may be; and
o (b) the stamp or seal is affixed with the knowledge and consent of the member.
2000, c. 13, s. 6 (1).
 Same
o (2) Despite subsection (1), with the consent of the member or certificate holder,
an individual may affix the member’s or certificate holder’s stamp or seal to a
document or record (or a copy of one) prepared by or under the supervision of
an individual who is not described in clause (1) (a). 2000, c. 13, s. 6 (2).
 Effect of consent
o (3) If a member or certificate holder consents to have his, her or its stamp or seal
affixed to a document or record in the circumstances described in subsection (2),
the member or certificate holder is responsible for the contents of the document
 or record as if it had been prepared by the member or under the supervision of
the member or certificate holder in the course of the practice of professional
geoscience. 2000, c. 13, s. 6 (3).
 Offences
o 7 Every person who contravenes subsection 3 (1) or (2), 4 (1), 5 (1) or (2) or 6 (1)
is guilty of an offence and on conviction is liable,
 (a) to a fine of not more than $25,000 for a first offence;
 (b) to a fine of not more than $50,000 for a subsequent offence. 2000,
c. 13, s. 7.
 REGISTRATION AND MEMBERSHIP
 Membership
o 8 (1) An individual who is registered by the Association is a member during the
currency of his or her registration. 2000, c. 13, s. 8 (1).
 Same
o (2) An individual whose registration is suspended is not a member during the
period of the suspension. 2000, c. 13, s. 8 (2).
 Application for membership
o 9 (1) An individual who wishes to become a member of the Association shall
apply in accordance with the prescribed procedures. 2000, c. 13, s. 9 (1).
 Eligibility
o (2) An individual is eligible to be a member if he or she meets the prescribed
requirements. 2000, c. 13, s. 9 (2).
 Registration as a member
o 10 (1) The Registrar shall register an individual as a member if the individual has
made an application in accordance with the prescribed procedures and if he or
she is eligible for membership. 2000, c. 13, s. 10 (1).
 Referral of application
 (2) The Registrar shall refer an individual’s application to the registration committee,
o (a) if the Registrar considers on reasonable grounds that the individual may not
be eligible to be a member; or
o (b) despite subsection (1), if the Registrar considers on reasonable grounds that
terms, conditions or limitations should be imposed on the individual’s
membership. 2000, c. 13, s. 10 (2).
 Effect of referral
o (3) The registration committee shall determine whether the individual is eligible
to be a member and has made an application in accordance with the prescribed
procedures and may impose such terms, conditions or limitations on the
membership as the committee considers appropriate. 2000, c. 13, s. 10 (3).
 Variation of terms, conditions or limitations
o 11 (1) The registration committee may vary or remove any of the terms,
conditions or limitations on an individual’s membership in such circumstances as
may be prescribed. 2000, c. 13, s. 11 (1).
 Application for variation
o (2) A member who wishes to have any of the terms, conditions or limitations on
his or her membership varied or removed shall apply in accordance with the
prescribed procedures. 2000, c. 13, s. 11 (2).
 Suspension of registration
o 12 (1) The Registrar may suspend the registration of a member on any of the
grounds set out in the regulations. 2000, c. 13, s. 12 (1).
 Application for reinstatement
o (2) An individual whose registration is suspended may apply to have it reinstated
and shall do so in accordance with the prescribed procedures. 2000, c. 13,
s. 12 (2).
 Same
o (3) The registration committee shall decide the application in accordance with
the prescribed criteria. 2000, c. 13, s. 12 (3).
 Revocation of registration
o 13 The council may revoke the registration of a member,
 (a) if he or she is convicted of an offence that, if committed in Ontario,
would be an offence under the laws of Canada or of Ontario and that
relates to his or her professional integrity and renders the individual
unsuitable to be a member;
 (b) if he or she fails to comply with this Act or a regulation made under it;
 (c) if he or she has demonstrated professional misconduct, negligence or
incompetence; or
 (d) in such other circumstances as may be prescribed. 2000, c. 13, s. 13.
 Appeal of decisions
o 14 (1) The applicant or member, as the case may be, and the Association may
appeal a decision of the registration committee with respect to the applicant or
member to the council. 2000, c. 13, s. 14 (1).
 Same, Divisional Court
o (2) The applicant or member, as the case may be, and the Association may
appeal a decision of the council under subsection (1) to the Divisional Court.
2000, c. 13, s. 14 (2).
 Appeal of revocation
o (3) A member whose registration has been revoked under section 13 may appeal
the decision to the Divisional Court. 2000, c. 13, s. 14 (3).
 CERTIFICATES OF AUTHORIZATION
 Application for certificate of authorization
o 15 (1) A corporation, partnership or other entity that wishes to obtain a
certificate of authorization to offer or provide services to the public that
constitute the practice of professional geoscience shall apply in accordance with
the prescribed procedures. 2000, c. 13, s. 15 (1).
 Eligibility
 o (2) A corporation, partnership or other entity is eligible for a certificate of
authorization if,
 (a) it employs an individual who is a member of the Association and who
directly supervises the practice of professional geoscience undertaken by
the corporation, partnership or entity; and
 (b) it meets such other requirements as may be set out in the
regulations. 2000, c. 13, s. 15 (2).
 Issuance of certificate
o 16 (1) The Registrar shall issue a certificate of authorization to a corporation,
partnership or other entity if the corporation, partnership or entity has made an
application in accordance with the prescribed procedures and if it is eligible for
one. 2000, c. 13, s. 16 (1).
 Referral to committee
o (2) The Registrar shall refer an application for a certificate of authorization to the
registration committee,
o (a) if the Registrar considers on reasonable grounds that the corporation,
partnership or entity may not be eligible for a certificate of authorization; or
o (b) despite subsection (1), if the Registrar considers on reasonable grounds that
terms, conditions or limitations should be imposed on the certificate. 2000,
c. 13, s. 16 (2).
 Effect of referral
o (3) The registration committee shall determine whether the corporation,
partnership or entity is eligible for a certificate of authorization and has made an
application in accordance with the prescribed procedures and may impose such
terms, conditions or limitations on the certificate as the committee considers
appropriate. 2000, c. 13, s. 16 (3).
 Variation of certificate
o 17 (1) The registration committee may vary or remove any of the terms,
conditions or limitations on a certificate of authorization in such circumstances
as may be prescribed. 2000, c. 13, s. 17 (1).
 Application for variation
o (2) A certificate holder who wishes to have any of the terms, conditions or
limitations on its certificate varied or removed shall apply in accordance with the
prescribed procedures. 2000, c. 13, s. 17 (2).
 Suspension of certificate
o 18 (1) The Registrar may suspend a certificate of authorization on any of the
grounds set out in the regulations. 2000, c. 13, s. 18 (1).
 Application for reinstatement
o (2) A corporation, partnership or other entity whose certificate of authorization
is suspended may apply to have it reinstated and shall do so in accordance with
the prescribed procedures. 2000, c. 13, s. 18 (2).
 Same
 o (3) The registration committee shall decide the application in accordance with
the prescribed criteria. 2000, c. 13, s. 18 (3).
 Revocation of certificate
o 19 The council may revoke a certificate of authorization of a corporation,
partnership or other entity,
 (a) if it is convicted of an offence that, if committed in Ontario, would be
an offence under the laws of Canada or of Ontario and that relates to its
professional integrity and renders the certificate holder unsuitable to
hold a certificate;
 (b) if it fails to comply with this Act or a regulation made under it;
 (c) if it has demonstrated professional misconduct, negligence or
incompetence; or
 (d) in such other circumstances as may be prescribed. 2000, c. 13, s. 19.
 Appeal of decisions
o 20 (1) The applicant or certificate holder, as the case may be, and the Association
may appeal a decision of the registration committee with respect to the
applicant or certificate holder to the council. 2000, c. 13, s. 20 (1).
 Same, Divisional Court
o (2) The applicant or certificate holder, as the case may be, and the Association
may appeal a decision of the council under subsection (1) to the Divisional
Court. 2000, c. 13, s. 20 (2).
 Appeal of revocation
o (3) A corporation, partnership or other entity whose certificate of authorization
has been revoked under section 19 may appeal the decision to the Divisional
Court. 2000, c. 13, s. 20 (3).
 INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS
 Complaints committee
o 21 The complaints committee may consider and investigate the conduct of a
member or certificate holder with respect to the practice of professional
geoscience and it may,
 (a) direct that a matter be referred, in whole or in part, to the discipline
committee;
 (b) direct that a matter not be referred to the discipline committee; or
 (c) take such other action as it considers appropriate in the circumstances
and that is not inconsistent with this Act or the regulations or by-laws.
2000, c. 13, s. 21.
 Investigator
o 22 (1) The complaints committee may appoint an employee of the Association or
another person to investigate the practice of professional geoscience by the
member or certificate holder. 2000, c. 13, s. 22 (1).
 Powers of investigator
o (2) An investigator has the following powers and duties for the purpose of an
investigation under this Act:
  1. Upon request, the investigator shall produce evidence of his or her
appointment.
 2. The investigator may examine a document, record or other thing that
he or she believes to be relevant to the investigation.
 3. The investigator may demand that a document, record or other thing
be produced for inspection if he or she believes it to be relevant to the
investigation.
 4. The investigator may remove a document, record or other thing for
review and copying if he or she believes it to be relevant to the
investigation. The investigator shall return it within a reasonable time.
 5. In order to produce a record in readable form, the investigator may use
data storage, information processing or retrieval devices or systems that
are normally used in carrying on business in the place in which he or she
is conducting the investigation.
 6. The investigator may question any person about matters that the
investigator believes to be relevant to the investigation. 2000, c. 13,
s. 22 (2).
 Public interest
o (3) An investigator shall not conduct an investigation under this section unless he
or she believes that it is in the public interest to do so and does so in good faith.
2000, c. 13, s. 22 (3).
 Powers of entry
o (4) An investigator may enter lands or business premises, other than a private
dwelling, without the consent of the owner or occupier and without a warrant if
the entry is for the purpose of an investigation under this section, or with a
warrant issued under subsection (6). 2000, c. 13, s. 22 (4).
 Entry to dwelling
o (5) An investigator shall not enter a private dwelling unless the investigator has
obtained,
o (a) the consent of the owner of the dwelling and, if the occupier of the dwelling
is not the owner, the consent of the occupier;
o (b) the authority of a warrant issued under subsection (6). 2000, c. 13, s. 22 (5).
 Warrant
o (6) A justice of the peace may issue a warrant authorizing the person named in
the warrant to do anything permitted under subsection (2). 2000, c. 13, s. 22 (6).
 Requirements for warrant to issue
o (7) A warrant may be issued under subsection (6) if the justice of the peace is
satisfied on information under oath that,
o (a) an investigator has been prevented from doing anything permitted under
subsection (2) or there are reasonable grounds to believe that the investigator
may be prevented from doing any of those things; or
o (b) it is necessary that a private dwelling be entered for the purposes of
conducting the investigation or there is in the private dwelling a document or
 thing that there are reasonable grounds to believe is relevant to the
investigation. 2000, c. 13, s. 22 (7).
 Same
o (8) Subject to subsection (9), the power to enter lands or business premises may
be exercised at any reasonable time. 2000, c. 13, s. 22 (8).
 Notice
o (9) In the absence of a warrant under subsection (6), the power to enter lands or
business premises shall not be exercised unless reasonable notice of the entry
has been given to the owner of the property and, if the occupier of the property
is not the owner, to the occupier. 2000, c. 13, s. 22 (9).
 Prohibition, obstruction, etc.
o 23 (1) A person shall not engage in any of the following activities:
 1. Obstruct an investigator who is investigating the practice of
professional geoscience by a person.
 2. Withhold or conceal from an investigator anything that the investigator
reasonably considers to be relevant to his or her investigation.
 3. Destroy anything that the investigator reasonably considers to be
relevant to his or her investigation. 2000, c. 13, s. 23 (1).
 Offence
o (2) A person who contravenes subsection (1) is guilty of an offence and on
conviction is liable,
o (a) to a fine of not more than $10,000 for a first offence;
o (b) to a fine of not more than $20,000 for a subsequent offence. 2000, c. 13,
s. 23 (2).
 Professional misconduct
o 24 (1) A member or certificate holder commits professional misconduct if he, she
or it is found guilty of an offence that relates to his, her or its professional
integrity. 2000, c. 13, s. 24 (1).
 Same
o (2) A member or certificate holder commits professional misconduct in such
other circumstances as may be prescribed. 2000, c. 13, s. 24 (2).
 Incompetence
o 25 (1) A member is not competent to practise professional geoscience if his or
her work displays such a lack of knowledge, skill or judgment in the practice of
professional geoscience that he or she is unfit to continue to practise or that his
or her practice should be restricted. 2000, c. 13, s. 25 (1).
 Same
o (2) A member is not competent to practise professional geoscience if, in his or
her practice of professional geoscience, the member displays such disregard for
the welfare of the public that he or she is unfit to continue to practise or that his
or her practice should be restricted. 2000, c. 13, s. 25 (2).
 Same, certificate holder
 o (3) A certificate holder is not competent to engage in the business of offering or
providing services to the public that constitute the practice of professional
geoscience if its work displays such a lack of knowledge, skill or judgment in the
practice of professional geoscience that the certificate holder is unfit to continue
to practise or that its practice should be restricted. 2000, c. 13, s. 25 (3).
 Same
o (4) A certificate holder is not competent to engage in the business of offering or
providing services to the public that constitute the practice of professional
geoscience if, in its practice of professional geoscience, it displays such disregard
for the welfare of the public that the certificate holder is unfit to continue to
practise or that its practice should be restricted. 2000, c. 13, s. 25 (4).
 Disciplinary proceedings
o 26 (1) A disciplinary proceeding may be initiated against a member or certificate
holder by the prescribed persons or entities and in accordance with the
prescribed procedures. 2000, c. 13, s. 26 (1).
 Same
o (2) A disciplinary proceeding may be initiated if there are reasonable grounds to
believe that,
 (a) the member or certificate holder, as the case may be, has engaged in
professional misconduct;
 (b) the member or certificate holder, as the case may be, has been
negligent in the practice of professional geoscience;
 (c) the member is not competent to practise professional geoscience or
to do so without restrictions; or
 (d) the certificate holder is not competent to engage in the business of
offering or providing services to the public that constitute the practice of
professional geoscience or to do so without restrictions. 2000, c. 13,
s. 26 (2).
 Discipline committee
o (3) The discipline committee shall hear and determine the matter in accordance
with the prescribed procedures. 2000, c. 13, s. 26 (3).
 Powers of the committee
o (4) The discipline committee may do any of the following things upon making a
finding of professional misconduct, negligence or incompetence:
 1. Revoke the member’s registration or the certificate holder’s certificate
of authorization.
 2. Suspend the member’s registration or the certificate holder’s
certificate of authorization for a specified period or until he, she or it
takes specified steps relating to its practice of professional geoscience.
 3. Vary or impose terms, conditions or restrictions on the member’s
membership until the member has successfully completed specified
studies or has obtained specified practical experience under the
supervision of another member.
  4. Vary or impose terms, conditions or restrictions on the certificate
holder’s certificate of authorization until the certificate holder takes
specified steps relating to its practice of professional geoscience.
 5. Direct the member or certificate holder to return all or part of the
money paid by a person to the member or certificate holder for his, her
or its services relating to the practice of professional geoscience.
 6. Reprimand the member or certificate holder.
 7. Publish the name of the member or certificate holder. 2000, c. 13,
s. 26 (4).
 Effect of decision
o (5) A decision of the discipline committee authorized by subsection (4) takes
effect immediately, unless the Divisional Court makes an order to the contrary in
connection with an appeal of the decision. 2000, c. 13, s. 26 (5).
 Appeal
o (6) A party to the proceeding may appeal the decision of the discipline
committee to the Divisional Court. 2000, c. 13, s. 26 (6).
 ASSOCIATION OF PROFESSIONAL GEOSCIENTISTS OF ONTARIO
 Association established
o 27 (1) A corporation without share capital is hereby established under the name
Association of Professional Geoscientists of Ontario in English and Ordre des
géoscientifiques professionnels de l’Ontario in French. 2000, c. 13, s. 27 (1).
 Composition
o (2) The Association is composed of its members. 2000, c. 13, s. 27 (2).
 Non-application of Acts
o (3) The Corporations Act and the Corporations Information Act do not apply to
the Association, except as specifically made applicable by this Act or the
regulations. 2000, c. 13, s. 27 (3).
 Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes
into force, subsection 27 (3) of the Act is amended by striking out “The Corporations
Act” at the beginning and substituting “The Not-for-Profit Corporations Act, 2010”.
(See: 2017, c. 20, Sched. 8, s. 122 (1))
 Section Amendments with date in force (d/m/y)
 Objects
o 28 (1) The following are the objects of the Association:
 1. To regulate the practice of professional geoscience.
 2. To govern its members and certificate holders in accordance with this
Act and the regulations and by-laws made under it.
 3. To establish, maintain and develop standards of knowledge and skill
among its members and certificate holders.
 4. To establish, maintain and develop standards of qualification and
standards of practice for the practice of professional geoscience.
 5. To establish, maintain and develop standards of professional ethics
among its members and certificate holders.
  6. To promote public awareness of the role of the Association.
 7. To promote the mobility and transferability of membership in
comparable associations in other jurisdictions.
 8. To exercise such other powers as may be conferred, and to perform
such other duties as may be imposed, under this or any other Act.
 9. To undertake such other activities relating to the practice of
professional geoscience as the council considers appropriate. 2000, c. 13,
s. 28 (1).
 Duty
o (2) In carrying out its objects, the Association shall serve and protect the public
interest. 2000, c. 13, s. 28 (2).
 Powers
o 29 (1) The Association has the capacity and the rights, powers and privileges of a
natural person. 2000, c. 13, s. 29 (1).
 Same
o (2) Without limiting the generality of subsection (1), the Association may,
o (a) establish a joint practice board with any professional body it considers
appropriate to assist it in developing and maintaining a professional relationship
with that body;
o (b) make reciprocal arrangements with other bodies governing professional
geoscientists in other jurisdictions providing for,
o (i) the recognition by the Association of the qualifications for practising
professional geoscience in those jurisdictions as qualifications for practising in
Ontario, and
o (ii) the recognition by those bodies of the qualifications for practising
professional geoscience in Ontario as qualifications for practising in those
jurisdictions. 2000, c. 13, s. 29 (2).
 Council
o 30 (1) The affairs of the Association shall be managed by its council. 2000, c. 13,
s. 30 (1).
 Composition of council
o (2) The council is composed of the number of individuals specified by by-law, not
to exceed 20, and at least 25 per cent of the councillors shall not be members of
the Association. 2000, c. 13, s. 30 (2).
 Same
o (3) The president, vice-president and past-president of the Association are
members of the council by virtue of their office. 2000, c. 13, s. 30 (3).
 Same
o (4) Three councillors are to be appointed by the Lieutenant Governor in Council,
and two of the appointees must be chosen from among the members of the
Association. 2000, c. 13, s. 30 (4).
 Same
 o (5) The remaining councillors are to be chosen in accordance with the by-laws,
and the by-laws may establish a system of regional representation. 2000, c. 13,
s. 30 (5).
 Eligibility
o (6) An individual’s eligibility to hold office as a councillor is determined with
reference to the criteria set out in the by-laws. 2000, c. 13, s. 30 (6).
 Term of office
o (7) Councillors hold office for the term specified in the by-laws. 2000, c. 13,
s. 30 (7).
 First council
o (8) Despite subsections (2) to (7), the Minister shall establish the first council and
shall appoint such persons as councillors as the Minister considers appropriate.
2000, c. 13, s. 30 (8).
 Same
o (9) The term of office of the councillors appointed to the first council is as
determined by the Minister. 2000, c. 13, s. 30 (9).
 Committees
o 31 (1) The council shall establish and maintain the following committees and may
establish such other committees as it considers appropriate:
 1. A registration committee.
 2. A complaints committee.
 3. A discipline committee. 2000, c. 13, s. 31 (1).
 Panels
o (2) The council may authorize the registration committee, the complaints
committee and the discipline committee to sit in panels for the purpose of
exercising the committee’s powers and performing the committee’s duties under
this Act, if any, and for any other purpose. 2000, c. 13, s. 31 (2).
 Same
o (3) A decision of a panel of a committee constitutes the decision of the
committee. 2000, c. 13, s. 31 (3).
 Powers of first council
o (4) Until the first council establishes each of the committees required by
subsection (1), the first council may exercise the powers and shall perform the
duties of the applicable committee under this Act. 2000, c. 13, s. 31 (4).
 Registrar
o 32 (1) The council shall appoint a Registrar from among the employees of the
Association. 2000, c. 13, s. 32 (1).
 Same
o (2) The Registrar shall exercise the powers and perform the duties assigned to
him or her under this or any other Act. 2000, c. 13, s. 32 (2).
 By-laws and fees
o 33 The Council may make by-laws relating to the administrative and internal
affairs of the Association and, without limiting the generality of the foregoing,
 may make by-laws establishing fees, specifying the amount of such fees,
requiring members and persons applying to become members to pay such fees
and exempting persons from paying fees. 2000, c. 13, s. 33.
 Annual report
o 34 (1) Each year, the council shall give a report to the Minister containing such
information as he or she requires. 2000, c. 13, s. 34 (1).
 Same, first council
o (2) Despite subsection (1), the first council is not required to give the Minister an
annual report, but shall give the Minister such information as he or she requests
at such times as he or she specifies. 2000, c. 13, s. 34 (2).
 Powers of the Minister
o 35 (1) The Minister may review the activities of the council and ask the council to
undertake activities that, in his or her opinion, are necessary and advisable to
carry out the intent of this Act. 2000, c. 13, s. 35 (1).
 Same
o (2) The Minister may advise the council with respect to the implementation of
this Act and the regulations and with respect to the methods that the council
uses or proposes to use to enforce the regulations and to implement its policies.
2000, c. 13, s. 35 (2).
 Confidentiality of information
o 36 (1) Every councillor, member of a committee established by the Association or
employee of the Association shall keep confidential any information obtained in
the course of his or her duties performed under this Act. 2000, c. 13, s. 36 (1).
 Exception
o (2) An individual described in subsection (1) may disclose confidential
information for the purposes of the administration and enforcement of this Act.
2000, c. 13, s. 36 (2).
 Offence
o (3) An individual who knowingly fails to comply with subsection (1) is guilty of an
offence and on conviction is liable,
 (a) to a fine of not more than $15,000 for a first offence;
 (b) to a fine of not more than $30,000 for a subsequent offence. 2000,
c. 13, s. 36 (3).
 Testimony in civil proceedings
o 37 (1) A councillor, member of a committee established by the Association or
employee of the Association cannot be compelled to testify in a civil proceeding
with respect to information obtained in the course of his or her duties
performed under this Act. 2000, c. 13, s. 37 (1).
 Exception
o (2) Subsection (1) does not apply with respect to a proceeding to enforce this
Act. 2000, c. 13, s. 37 (2).
 Immunity
 o 38 (1) No action or other proceeding for damages shall be instituted against the
Association, a councillor, member of a committee of the Association or employee
or agent of the Association, including an investigator appointed under
subsection 22 (1), for any act done in good faith in the performance or intended
performance of a duty or in the exercise or intended exercise of a power under
this or any other Act or for any alleged neglect or default in the performance or
exercise in good faith of such a duty or power. 2000, c. 13, s. 38 (1).
 Indemnification
o (2) The Association shall indemnify a person described in subsection (1) for all
costs, charges and expenses sustained or incurred by him, her or it relating to an
action or other proceeding described in subsection (1), but not for any costs,
charges and expenses that are caused by the person’s own wilful neglect or
default. 2000, c. 13, s. 38 (2).
 GENERAL
 Offence, false representation
o 39 (1) Every person who makes a representation, knowing it to be false, for the
purpose of being registered as a member of the Association is guilty of an
offence and on conviction is liable,
 (a) to a fine of not more than $10,000 for a first offence;
 (b) to a fine of not more than $20,000 for a subsequent offence. 2000,
c. 13, s. 39 (1).
 Same
o (2) Every person who makes a representation, knowing it to be false, for the
purpose of having a certificate of authorization is guilty of an offence and on
conviction is liable,
 (a) to a fine of not more than $10,000 for a first offence;
 (b) to a fine of not more than $20,000 for a subsequent offence. 2000,
c. 13, s. (2).
 Public register
o 40 (1) The Registrar shall maintain a public register of information about
members and certificate holders. 2000, c. 13, s. 40 (1).
 Public access
o (2) Upon request, a member of the public may inspect the register at the head
office of the Association during its normal business hours. 2000, c. 13, s. 40 (2).
 Information
o (3) The register must contain the following information and may contain such
other information as the Association considers appropriate:
 1. The name and business address of members and of certificate holders.
 2. The name and business address of applicants for membership and
applicants for a certificate of authorization.
 3. The name and business address of persons who are former members
or former certificate holders and who ceased to be a member or
certificate holder within the preceding six years.
  4. Particulars of any terms, conditions and limitations on an individual’s
membership and any variations made to them within the preceding six
years.
 5. Particulars of the certificate of authorization of a certificate holder,
including any terms, conditions and limitations and any variations made
to the certificate within the preceding six years.
 6. Particulars of any suspension or revocation of a person’s membership
or certificate.
 7. The results of every disciplinary proceeding completed within the six
preceding years in which,
 i. a member or certificate holder was reprimanded,
 ii. a member or certificate holder was required to pay a fine, or
 iii. a person’s membership or certificate was revoked, suspended
or had terms, conditions or limitations imposed on it.
 8. Such other information as may be prescribed. 2000, c. 13, s. 40 (3).
 Continuing disciplinary powers
o 41 (1) Even though an individual ceases to be a member of the Association,
disciplinary proceedings may be initiated or continued under this Act with
respect to his or her conduct while he or she was a member. 2000, c. 13,
s. 41 (1).
o Same, certificate holders
o (2) Even though a corporation, partnership or other entity ceases to be a
certificate holder, disciplinary proceedings may be initiated or continued under
this Act with respect to its conduct while it was a certificate holder. 2000, c. 13,
s. 41 (2).
 Same
o (3) For the purposes of subsections (1) and (2), the discipline committee may
exercise its powers and perform its duties with respect to an individual who is no
longer a member and a corporation, partnership or other entity that is no longer
a certificate holder. 2000, c. 13, s. 41 (3).
 Evidence
o 42 (1) A statement purporting to be certified by the Registrar as a statement of
information from the records kept by the Registrar in the course of his or her
duties is admissible in any proceeding as proof, in the absence of evidence to the
contrary, of the information, without proof of the Registrar’s appointment or
signature. 2000, c. 13, s. 42 (1).
 Same
o (2) A copy of a document or record that is certified by an investigator appointed
by the Association to be a true copy of it is admissible as evidence in any
proceeding to the same extent as the original document or record and has the
same evidentiary value as the original document or record. 2000, c. 13, s. 42 (2).
 Regulations
o 43 (1) Subject to the approval of the Minister, the council may make regulations,
  (a) respecting eligibility for membership, standards relating to the
practice of the profession, including education requirements for
members, and the discipline of members and certificate holders,
including what constitutes professional misconduct;
 (b) prescribing such things as this Act requires or permits to be prescribed
or to be done by regulation;
 (c) prescribing classes of individuals who are exempt from subsections 3
(1) and (2) (prohibitions re practice of professional geoscience),
prescribing classes of membership and certificates of authorization and
imposing terms, conditions and limitations on any class;
 (d) setting out criteria for determining what constitutes qualifying work
experience for the purposes of subsection 9 (2) (eligibility for
membership);
 (e) prescribing circumstances in which an individual is not eligible to be a
member or a corporation, partnership or other entity is not eligible to
hold a certificate of authorization;
 (f) prescribing information to be included in the public register
maintained by the Registrar;
 (g) making any provision of the Corporations Act and Corporations
Information Act applicable to the Association, with such modifications as
the Council considers necessary or advisable;
 Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act,
2010 comes into force, clause 43 (1) (g) of the Act is amended by
striking out “the Corporations Act” and substituting “the Not-for-Profit
Corporations Act, 2010”. (See: 2017, c. 20, Sched. 8, s. 122 (2))
 (h) prescribing any matter that is necessary for furthering the
Association’s objects and is in the public interest. 2000, c. 13, s. 43 (1).
 Same, Minister
o (2) The Minister, acting alone, may make any regulation that the council (subject
to the Minister’s approval) has the authority to make under subsection (1).
2000, c. 13, s. 43 (2).
 Same
o (3) A regulation made by the Minister under subsection (2) prevails over a
regulation made under subsection (1), and may amend or revoke a regulation
made under subsection (1). 2000, c. 13, s. 43 (3).