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PROPOSED GEOSCIENCE PROFESSION ACT and REGULATIONS. APGNS Special Meeting November 13, 2013. Structure of Legislation. ACT –Government REGULATIONS – Governor-in-Council BY-LAWS – APGNS Council. Purpose of the Association .

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Proposed geoscience profession act and regulations

PROPOSED GEOSCIENCE PROFESSION ACT and REGULATIONS

APGNS Special Meeting

November 13, 2013


Structure of legislation
Structure of Legislation

  • ACT –Government

  • REGULATIONS – Governor-in-Council

  • BY-LAWS – APGNS Council


Purpose of the association
Purpose of the Association

  • Objects do not mention public interest as a key objective of self-regulation

  • New Act now clearly defines

    • serve and protect public interest;

    • preserving the integrity of the profession; and

    • assuring and maintaining public confidence in the proficiency and competency of professional geoscientists.


Composition of council
Composition of Council

  • Change from the Act to the By-laws

  • More flexibility to allow the Association to change as required without going to government.

  • More emphasis on appointments of public representatives on Council.


Registration
Registration

  • Many pieces of legislation guide how we can register members

    • Agreement on Internal Trade

    • Fair Registration Practices Act

  • Regulations provide criteria

  • Clear Appeal Process

  • “Member” is one category of membership so “registrant” is used to reference all categories


Complaints and discipline
Complaints and Discipline

  • Clearly defined procedures

  • Appointed Complaints and Hearing Committees

  • Includes public representation on Complaints and Hearing Committees

  • Decisions may be referred to the Nova Scotia Court of Appeal

  • Reapplications reviewed by the Reinstatement Committee


Illegal unauthorized practice
Illegal/ Unauthorized Practice

  • Fines for Summary Conviction

    • Exisitng Act – from $2000 to 10,000, 3 months

    • Proposed Act – not less than $2000 per day, 6 months

  • This can amount to a significant financial penalty, which will serve as a strong deterrent.


Registration of businesses
Registration of Businesses

  • Act establishes that businesses engaged in the practice of professional geoscience must apply for a Certificate of Authorization

  • By-laws will spell out the requirements.

    • Work carried out by or under supervision of a P.Geo

    • Professional Liability Insurance


Ultimate limitation period
Ultimate Limitation Period

  • Government has not shown a willingness to bring in this legislation fore all professions.

  • Asking for 10 years from the date of services provided.


Public consultation
Public Consultation

  • Engineers Nova Scotia

  • Association of Professional Foresters

  • All Regulatory bodies in Nova Scotia

  • Advanced Labour & Education (FARPA, AIT)

  • Constituent Associations in Canada

  • Membership


Is this the final version
Is this the final version?

  • NO

  • Some minor edits are being made based on consultations.

  • Government has the final say in precise wording – in consultation with the Association.

  • Final is the enacted version.


Motion
Motion

  • Be it moved that we the membership accept the recommendation of Council to proceed with proposed Acts and Regulations to seek Government acceptance.

  • Moved by

  • Seconded by

  • Discussion


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