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O. Reg. 59/01: REGISTRATION
filed March 13, 2001 under Professional Geoscientists Act, 2000, S.O. 2000, c. 13
Skip to contentONTARIO regulation 59/01
made under the
professional geoscientists act, 2000
Made: March 12, 2001
Filed: March 13, 2001
Printed in The Ontario Gazette: March 31, 2001
Registration
Definitions
1. In this Regulation,
“examination” means a form of examination approved by the Council or the Registration Committee to satisfy or partially satisfy a requirement relating to knowledge or experience or another requirement of the Association; (“examen”)
“professional practice and ethics examination” means the examination in respect of professional ethics, geoscientific practice, law and such other general matters as are approved by the Council. (“examen sur l’exercice de la profession et la déontologie”)
Membership
Classes of membership
2. (1) The following are prescribed as classes of membership for which a corresponding certificate of registration may be issued:
1. Practising member.
2. Temporary member.
3. Limited member.
4. Non-practising member.
(2) A member may not hold more than one class of certificate of registration at one time.
Applications for membership
3. (1) A person may apply for a certificate of registration in any class by completing an application form provided by the Registrar and submitting it along with the application fee set out in the Association’s by-laws.
(2) Upon receipt of the membership fee set out in the Association’s by-laws, the Registrar shall issue a certificate of registration to a person,
(a) if the person may be registered by the Registrar under subsection 10 (1) of the Act; or
(b) if authorized or directed by the Registration Committee to issue the certificate to the person.
Duration of certificate
4. (1) Subject to subsection (2), a certificate of registration is valid from the date of issue until it expires one year after the last day of the month in which it was issued.
(2) The Registrar may issue an initial certificate of registration to be valid for a period,
(a) shorter than the period referred to in subsection (1); or
(b) longer than the period referred to in subsection (1), to a maximum of two years after the date of issue.
(3) A certificate of registration may be renewed by paying the renewal fee set out in the Association’s by-laws no later than the date of expiry.
Resignation
5. (1) A member may resign any class of certificate of registration by giving written notice of resignation to the Registrar.
(2) The notice of resignation is effective as of the later of,
(a) the day on which the Registrar receives it if the member has no outstanding fees or other amounts owing to the Association; and
(b) the day on which the Registrar receives payment of any outstanding fees or other amounts that the member owes to the Association.
Registration requirements for all classes
6. (1) The following are the registration requirements for a certificate of registration of any class:
1. The applicant must be at least 18 years old.
2. The applicant must be of good character, based on a consideration of all relevant factors, including those set out in subsection (2).
3. The applicant must have complied with the applicable knowledge and experience requirements specified in this Regulation.
4. The applicant must have passed any applicable examinations set or approved by the Registration Committee unless exempted from this requirement by the Committee.
(2) The following factors shall be considered in determining whether an applicant is to be issued a certificate of registration:
1. Whether the applicant has been found guilty of a criminal offence.
2. Whether the applicant has been the subject of a finding of professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction.
3. Whether the applicant is currently the subject of proceedings for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction.
4. Whether the applicant has been refused registration as a member of a profession governed by law in another jurisdiction.
(3) The Registration Committee may refuse to issue a certificate of registration to an applicant where the Registration Committee has determined, upon reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of professional geoscience in accordance with the law and with honesty and integrity.
(4) An applicant shall be deemed not to have satisfied the requirements for a certificate of registration if the applicant knowingly made a false or misleading statement or representation in his or her application.
Condition of certificates of all classes
7. It is a term and condition of a certificate of registration of any class that the member provide the Association with details of any of the following that relate to the member and that occur or arise after the initial registration:
1. A finding of guilt for a criminal offence.
2. A finding of professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction.
3. A proceeding for professional misconduct, incompetence or incapacity, whether in Ontario or in another jurisdiction.
Registration requirements for practising members
8. (1) An applicant for a practising member certificate of registration shall meet the following requirements:
1. Hold,
(i) a four-year bachelor of science degree or its equivalent, awarded by a Canadian university, in an area of geoscience and have at the time of applying at least four years of qualifying work experience, as determined by the Registration Committee, in an area of geoscience that was obtained within the previous 10 years;
(ii) an equivalent credential, as determined by the Registration Committee, from another institution, and have at the time of applying at least four years of qualifying work experience in an area of geoscience, as determined by the Registration Committee, that was obtained within the previous 10 years; or
(iii) a credential acceptable to the Registration Committee evidencing knowledge in an area of geoscience and have at least 10 years of qualifying work experience in an area of geoscience, as determined by the Registration Committee, that was obtained within the previous 15 years.
2. Have successfully completed any examination required by the Registration Committee.
3. Have successfully completed the professional practice and ethics examination where not exempted from taking it by the Registration Committee.
(2) It is a term and condition of a practising member certificate of registration that the holder use the designation “P.Geo.” in English or “G.P.” in French.
Equivalent credential
9. (1) Where the Registration Committee assesses an equivalent credential in considering an application for a certificate, it shall,
(a) assess the knowledge and experience qualifications of the applicant;
(b) determine whether the applicant meets the knowledge and experience qualifications prescribed by the Act and regulations and so advise the Registrar; and
(c) direct the Registrar with respect to examinations and any other knowledge and experience requirements that the applicant is required to complete where the Committee determines that the applicant does not meet the prescribed knowledge and experience qualifications.
(2) In acting under subsection (1), the Registration Committee,
(a) shall review the knowledge, experience and other qualifications of the applicant in light of the knowledge and experience standards established for the issuance of certificates of registration at the time of the review;
(b) may interview the applicant;
(c) may consider the applicant’s experience in deciding what examinations, if any, the applicant is required to pass; and
(d) shall consider and decide upon the form and content of examinations and review the results of such examinations.
Professional practice and ethics examination
10. (1) Despite section 19, the requirement for successful completion of the professional practice and ethics examination is deferred with respect to an applicant for a certificate of registration if the application is made within two years of the coming into force of this Regulation.
(2) Where the requirement is deferred under subsection (1), the member shall successfully complete it within the year following his or her registration unless exempted from doing so.
(3) The Registrar may revoke the certificate of registration of a member who is required to successfully complete the examination but fails to do so.
Registration requirements for temporary members
11. An applicant for a temporary certificate of registration shall meet one of the following requirements:
1. Be a resident of a jurisdiction other than Ontario and a member of a self-regulatory organization of professional geoscientists in that jurisdiction that has objects similar to those of the Association and that requires qualifications for membership at least equal to the qualifications required for a practising member certificate of registration under this Regulation.
2. Be nationally or internationally recognized in the area of practice in respect of which the work to be undertaken under the certificate relates and have at least 10 years experience in that area.
Content of temporary certificate
12. A temporary certificate of registration shall specify,
(a) the activity in Ontario to which it relates;
(b) the name of the person, firm or corporation by whom the certificate holder is employed or engaged to perform services in Ontario;
(c) the name of the practising member, if any, with whom collaboration is required under this Regulation; and
(d) the period of time, not exceeding 12 months, for which the certificate has been issued.
Conditions of temporary certificate
13. (1) It is a term and condition of a temporary certificate of registration that the holder carry out only those activities specified in the certificate.
(2) It is a term and condition of a temporary certificate of registration that the holder collaborate with a practising member in carrying out the activities specified in the certificate unless the holder,
(a) is a member of a self-regulatory organization of professional geoscientists in another jurisdiction that has objects similar to those of the Association and that requires qualifications for membership as least equal to the qualifications for a practising member certificate of registration under this Regulation;
(b) provides evidence of qualifications at least equal to the qualifications required for a practising member certificate of registration under this Regulation and of knowledge of all codes, standards and laws relevant to the work undertaken under the certificate;
(c) provides evidence of national or international recognition in the area of practice relevant to the work undertaken under the certificate and of knowledge of all codes, standards and laws relevant to that work; or
(d) is carrying out the work outside Ontario and that work is undertaken under the certificate to satisfy a requirement set out in a statute of Ontario other than the Act.
(3) It is a term and condition of a temporary certificate of registration held by a person who must collaborate with a practising member that the person not issue a final drawing, specification, plan, report or other document unless the practising member has signed and dated it and affixed his or her seal to it.
(4) It is a term and condition of a temporary certificate of registration that the holder use the designation “P.Geo. (Temporary)” in English or “G.P. (membre temporaire)” in French.
Requirements for limited certificate
14. An applicant for a limited certificate of registration shall meet the following registration requirements:
1. Have successfully completed any examination required by the Registration Committee.
2. Have successfully completed the professional practice and ethics examination where not exempted from taking it by the Registration Committee.
Conditions of limited certificate
15. It is a term and condition of a limited certificate of registration that the holder,
(a) provide only those services specified in the certificate;
(b) not provide services except as an employee of the employer named in the certificate;
(c) notify the Registrar immediately if he or she ceases to be employed by the named employer and return his or her certificate and the seal issued to him or her;
(d) be supervised by a practising member or temporary member;
(e) not issue a final drawing, specification, plan, report or other document unless the supervising practising member or temporary member has signed and dated it and affixed his or her seal to it; and
(f) use the designation “P.Geo. (Limited)” in English or “G.P. (membre restreint)” in French.
Requirements for non-practising certificate
16. (1) An applicant for a non-practising certificate shall,
(a) hold or have held a certificate of registration as a practising, temporary or limited member;
(b) hold or have held a membership in a self-regulatory organization of professional geoscientists in another jurisdiction; or
(c) hold or have held a membership in another self-regulatory professional organization where the applicant’s practice is or was related to professional geoscience.
(2) It is a term and condition of a non-practising certificate of registration that the holder not practise professional geoscience and not use the stamp or seal of the Association.
(3) The holder of a non-practising certificate of registration may use the designation “P.Geo. (Non-practising)” in English or “G.P. (membre inactif)” in French.
Examination arrangements
17. (1) The Registrar is responsible for arranging for the holding of examinations, including their time and place.
(2) An examination required by the Registration Committee, including the professional practice and ethics examination, shall be administered by the Association at least once a year.
(3) An application to take an examination shall be made in the form provided by the Registrar, be accompanied by the fee set out in the by-laws and be received by the Association at least 60 days before the date of the examination.
(4) A person is eligible to take the applicable examinations for registration if the person has applied for a certificate of registration and satisfied the applicable registration requirements.
Examination requirements
18. (1) In this section,
“academic year” means the period beginning on September 1 in a year and ending on August 31 the next year.
(2) An applicant for a certificate of registration shall write the applicable examination or, if required to write more than one, the first applicable examination within two academic years immediately after the date of the notice sent to the applicant by the Registrar setting out the examination requirements that the applicant is required to satisfy.
(3) An applicant shall not be issued a certificate of registration unless he or she successfully completes the required examinations within four academic years after the date of the notice.
(4) The Registrar may withdraw the application of an applicant who,
(a) without having submitted reasonable justification in writing, fails to appear at the time and place set for an examination; or
(b) fails to satisfy the examination requirements within the times referred to in subsections (2) and (3).
(5) An applicant who has failed to successfully complete an examination set or approved by the Council is not entitled, except with the permission of the Registration Committee, to take the examination again and the applicant’s application for a certificate of registration shall be withdrawn by the Registrar.
(6) If an applicant who is required by the Registration Committee to take and pass more than one examination fails to take at least one examination in each academic year after taking the first examination, the Registrar may withdraw the applicant’s application unless the applicant submits to the Registrar reasonable justification in writing for the failure.
Professional practice and ethics examination
19. (1) An applicant for a certificate of registration must pass the professional practice and ethics examination not later than two years following the later of,
(a) the date of submission of the application for membership; and
(b) the date of successful completion of all other examination requirements or the final determination that no examination is required.
(2) An applicant for a certificate of registration may take the professional practice and ethics examination a maximum of three times.
Marks
20. (1) All examinations, other than the professional practice and ethics examination, shall be marked on a percentage basis by examiners appointed by the Registrar in accordance with policies established from time to time by the Registration Committee.
(2) The professional practice and ethics examination may be marked on a pass or fail basis and shall be marked by examiners appointed by the Registrar in accordance with policies established from time to time by the Registration Committee.
(3) Examination results shall be mailed to the candidate not later than 60 days after the writing of the examination.
Certificates of Authorization
Certificate of authorization
21. An applicant for a certificate of authorization shall do the following:
1. Designate one or more practising or temporary members as being responsible for and supervising the provision of professional geoscientific services to be provided by the applicant.
2. State in the application that the persons designated under paragraph 1 will devote sufficient time to the applicant’s work to carry out the responsibilities referred to in that paragraph.
3. State in the application that the persons designated under paragraph 1 are the applicant for the certificate of authorization, the employees of the applicant or, where the applicant is a partnership, the partners and their employees.
Application for certificate of authorization
22. (1) A corporation, partnership or other entity may apply for a certificate of authorization by completing the application form provided by the Registrar and submitting it along with the application fee set out in the by-laws.
(2) The application shall contain,
(a) the names and addresses of the individual, or all of the partners or all of the officers and directors of the applicant, as the case may be;
(b) the names of the individual, partners or employees, as the case may be, who hold certificates of registration in the practising or temporary member class and who will assume responsibility for and supervise the professional geoscientific services provided on the applicant’s behalf;
(c) the certificate or certificates of the persons named in clause (b) certifying,
(i) that the information contained in the application is true and correct, and
(ii) where applicable, that one of the primary functions of the applicant is or will be to provide professional geoscientific services to the public.
(3) The information required under subsection (2) shall be noted on the registers maintained by the Registrar and may be published by the council from time to time.
Duration of certificate of authorization
23. (1) A certificate of authorization is valid from the date of issue until it expires one year after the last day of the month in which it was issued.
(2) A certificate of authorization may be renewed by paying the renewal fee set out in the Association’s by-laws no later than the date of expiry.
(3) Despite subsection (1), if the individual, partners or employees named in an application for a certificate of authorization are all holders of temporary certificates of registration, a certificate of authorization issued in respect of the application expires on the date of expiry of the temporary certificate that expires last.
Ineligibility for certificate of authorization
24. The following is prescribed as a circumstance in which an applicant is not eligible to be issued a certificate of authorization:
1. The Registrar has reasonable and probable grounds for believing, on the basis of the past conduct of a person who is in a position of authority or responsibility in the operation of the business of the applicant for the certificate of authorization, that the applicant will not engage in the business of providing professional geoscientific services in accordance with the law and with honesty and integrity.
Professional liability insurance
25. It is a term and condition of every certificate of authorization that the holder be insured against professional liability under a policy of professional liability insurance which complies with the following minimum requirements:
1. A policy limit for each single claim of not less than $250,000 and either an aggregate policy limit for all claims of not less than $500,000 per year or an automatic policy reinstatement feature.
2. Coverage for liability for errors, omissions and negligent acts arising out of the performance of all services within the practice of professional geoscience offered or provided to the public by the insured subject to such exclusions and conditions and otherwise on such terms as are consistent with normal insurance industry practice from time to time.
Dan Newman
Minister of Northern Development and Mines
Dated on March 12, 2001.