PROFESSIONAL GEOSCIENTISTS ACT, 2000 - O. Reg. 573/06

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ontario regulation 573/06

made under the

Professional Geoscientists Act, 2000

Made: December 14, 2006
Filed: December 20, 2006
Published on e-Laws: December 21, 2006
Printed in The Ontario Gazette: January 6, 2007

Amending O. Reg. 59/01

(Registration)

1.(1)Subsection 9.1 (3) of Ontario Regulation 59/01 is amended by striking out the portion before paragraph 1 and substituting the following:

(3)Two of the three referees’ reports shall be provided as set out in either of the following paragraphs:

. . . . .

(2)Paragraph 1 of subsection 9.1 (3) of the Regulation is revoked and the following substituted:

1.Both reports from persons who,

i.are registered as either professional geoscientists, professional geologists or professional geophysicists in an association that is a constituent member of the Canadian Council of Professional Geoscientists, or

ii.are registered in a self-regulatory organization of geoscientists outside of Canada that,

A.for an application for a certificate received by the Association before December 20, 2006, is recognized by the Canadian Council of Professional Geoscientists, and

B.for an application for a certificate received by the Association on or after December 20, 2006, is recognized by the Canadian Council of Professional Geoscientists or is acceptable to the Registration Committee.

2.Subsection 19 (1) of the Regulation is revoked and the following substituted:

Professional practice and ethics examination

(1)An applicant for a certificate of registration must pass the professional practice and ethics examination not later than two years after the latest of the following dates:

1.The date of submission of the application for membership.

2.The date of successful completion of all other examination requirements or the final determination that no examination is required.

3.December 20, 2006.

3.Section 25 of the Regulation is revoked and the following substituted:

Professional liability insurance

25.(1)It is a condition of every certificate of authorization that,

(a)before December 20, 2006, the certificate holder be insured against professional liability under a policy of professional liability insurance that meets or exceeds the requirements set out in subsection (2); and

(b)on and after December 20, 2006,

(i)the certificate holder be insured against professional liability under a policy of professional liability insurance that meets or exceeds the requirements set out in subsection (2),

(ii)the certificate holder be insured against professional liability under a policy of professional liability insurance that substantially complies with the requirements set out in subsection (2) and, before the certificate holder enters into any agreement to provide professional geoscientific services to any person, the certificate holder provide documentation of the insurance to the person and to the Registrar, or

(iii)if the certificate holder is not insured against professional liability, the requirements listed in subsection (3) be met before the certificate holder enters into an agreement to provide professional geoscientific services to any person.

(2)The requirements referred to in clause (1) (a) and in subclause (1) (b) (i) are as follows:

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.

(3)For the purposes of subclause (1) (b) (iii), the following requirements must be met before a certificate holder who is not insured against professional liability enters into an agreement to provide professional geoscientific services to any person:

1.The certificate holder provides to the person a copy of the certificate holder’s identification and a copy of his or her certificate of authorization.

2.The certificate holder provides the following written statement to the person:

The regulation respecting registration requirements under the Professional Geoscientists Act, 2000 (Ontario Regulation 59/01 (Registration) made under the Act), requires a holder of a certificate of registration who is not insured against professional liability to inform a person with whom he or she intends to enter into an agreement for professional geoscientific services, that he or she is not so insured.

I, ...... (name of certificate holder), as the holder of a certificate of authorization issued by the Association of Professional Geoscientists of Ontario, inform you with this statement that I am not insured against professional liability.

3.The person provides to the certificate holder a signed statement that the person has read the statement set out in paragraph 2 and acknowledges that the certificate holder is not insured against professional liability.

4.The certificate holder provides the following to the Registrar:

i.The documents described in paragraph 1.

ii.A copy of the statements described in paragraphs 2 and 3.

Made by:
Pris par:

Le ministre du Développement du Nord et des Mines,

Rick Bartolucci

Minister of Northern Development and Mines

Date made: December 14, 2006.
Pris le: 14 décembre, 2006.

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