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RE: licensing "boards" (was: plan stamping website)

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Unfortunately, Paul, you make a good point.

In spite of that, "APEGBC would certainly take issue with this if it was
promoted in BC ." was the response I got from a discussion with our body.
Hopefully the issue they would take would be to some avail.

Sharlie Huffman, P.Eng.

Ministry of Transportation
Bridge Seismic Engineer
4B - 940 Blanshard
Victoria, BC V8W 3E6
(B) 250-356-0761
(F) 250-387-7735


-----Original Message-----
From: ad026(--nospam--at)hwcn.org [mailto:ad026(--nospam--at)hwcn.org] 
Sent: Thursday, May 06, 2004 7:30 AM
To: seaint(--nospam--at)seaint.org
Subject: Re: licensing "boards" (was: plan stamping website)


> From: "Huffman, Sharlie TRAN:EX" <Sharlie.Huffman(--nospam--at)gems9.gov.bc.ca>

> Could our US members clarify something for me please?  Do I understand 
> correctly that your licensing boards use State government lawyers for 
> their legal work?  Are your licencing bodies part of the State 
> government?

> From: "Paul Feather" <pfeather(--nospam--at)SE-Solutions.net>

> Licensing is on a State by State basis and is administered (issued /
> controlled) by the individual State governments.  The licensing boards 
> are a component of State government, and therefore they also use State 
> government lawyers.
> 
> I gather from your posting that in Canada licensing is controlled at 
> the Ministerial level, or what we would refer to as the Federal level.  
> We do not have National licensing.

Actually, the Provincial licensing associations are created by an Act of
Provicial Parliaments/Legislatures as independent, self-regulating,
professional associations. In other words, each provincial government gives
the licensed engineers the ability to regulate and administer their peers.

In reality, there is a string at the end of the "independence" because the
Act and/or regulations can be modified to suit the needs of the government.
Generally, the politicians stay out of our way.

In the case of a professional acting inappropriately (e.g. professional
incompetence), the case is handled at a legally binding tribunal of their
peers. Both the association and (usually) the professional are represented
by legal counsel. The professional can be fined and have their license
revoked temporarily/permanently.

Additionally, the professional is also open to legal action on a civil basis
(provincial court) from their "client".

If an unlicensed person misrepresents themselves as a professional, they are
dealt with in provincial court, usually with the Queen (Provincial
government) as the complainant, supported by the association's witnesses.

> From: "Huffman, Sharlie TRAN:EX" <Sharlie.Huffman(--nospam--at)gems9.gov.bc.ca>

> That would certainly be significant for the Discipline process.  As it 
> stands, ours is very expensive for our Association, which is funded 
> only by member dues.

And the result is that the associations can be passive due to the cost of
proving a case where hundreds/thousands of hours of engineering time may be
required.

-- 
Paul Ransom, P. Eng.
Civil/Structural/Project/International
Burlington, Ontario, Canada
<mailto:ad026(--nospam--at)hwcn.org> <http://www.hwcn.org/~ad026/civil.html>

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