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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. ACT –Government REGULATIONS – Governor-in-Council BY-LAWS – APGNS Council. Purpose of the Association .

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PROPOSED GEOSCIENCE PROFESSION ACT and REGULATIONS

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  1. PROPOSED GEOSCIENCE PROFESSION ACT and REGULATIONS APGNS Special Meeting November 13, 2013

  2. Structure of Legislation • ACT –Government • REGULATIONS – Governor-in-Council • BY-LAWS – APGNS Council

  3. 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.

  4. 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.

  5. 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

  6. 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

  7. 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.

  8. 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

  9. 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.

  10. 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

  11. 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.

  12. 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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