I-9 - Engineers Act

Section 5 Disposition versions

2020-09-24

5. Nothing in this Act shall

(1)  infringe on the rights granted by law to architects, provided that they have the collaboration of an engineer for works referred to in subparagraph 1 of the first paragraph of section 3, or prevent them from collaborating with an engineer who retains their services for works referred to in that section;

(2)  infringe on the rights granted by law to another professional;

(3)  infringe on the rights granted by law to members of the Corporation of Master Pipe-Mechanics of Québec or the Corporation of Master Electricians of Québec;

(4)  prevent an owner, contractor, superintendent or foreman from coordinating work;

(5)  prevent a person from engaging in an activity reserved to engineers, provided that the person does so in accordance with a regulation made pursuant to subparagraph h of the first paragraph of section 94 of the Professional Code (chapter C-26);

(6)  prevent bacteriologists or physicists from engaging in their activities;

(7)  prevent a person from engaging in an activity relating to ore prospecting;

(8)  restrict the normal practice of the art or trade of artisans or skilled tradespersons;

(9)  prevent a municipality from supervising work it carries out itself insofar as the work is for minor repairs that do not alter the original design of the works;

(10)  prevent a person from engaging in activities related to teaching and research for an educational institution;

(11)  prevent a person from contributing, as an employee and under the supervision of an engineer, to the preparation or modification of plans, estimates, reports, calculations, studies, drawings, operating or maintenance manuals, decommissioning plans or specifications;

(12)  prevent a person from exercising a function that has been delegated to him or for which an authorization has been issued to him under a law or a regulation under Transport Canada’s responsibility;

(13)  prevent a person from engaging in his information technology activities; or

(14)  prevent a person entrusted with the enforcement of an Act from exercising a function determined in that Act.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9; 1984, c. 47, s. 64; 1993, c. 38, s. 7; 1994, c. 40, s. 336; 2020, c. 15, s. 48.

1994-10-15

5. Nothing in this Act shall:

(a)  affect the rights of a person entitled to practise as an architect, provided that he has the collaboration of an engineer for the works contemplated by paragraph e of section 2, nor shall it prevent him from collaborating with an engineer who requires his services for the other works contemplated by the said section;

(b)  affect the rights of the members of the Ordre professionnel des technologues professionnels du Québec or prohibit the execution by a member of that order of any work for which he has been trained in the schools or institutes which give the technical course governed by the Specialized Schools Act (chapter E-10) or in the colleges established pursuant to the General and Vocational Colleges Act (chapter C-29);

(c)  deprive members of the Ordre des ingénieurs forestiers du Québec of the right to use the title of forest engineer and to practise their profession within the field reserved to them by an Act of Québec;

(d)  affect the rights of land surveyors in their legally recognized field;

(e)  prevent urbanists, agronomists and professional chemists from practising their profession in the field assigned to them by any law;

(f)  prevent any person from practising the profession of chemist, bacteriologist, geologist or physicist or from doing anything related to prospecting for minerals;

(g)  affect the rights enjoyed by the members of the Corporation of Master Pipe-Mechanics of Québec and the Corporation of Master Electricians of Québec, under the Acts which govern them;

(h)  restrict the normal practice of his art or trade by a mere artisan or skilled workman;

(i)  prevent any person from carrying out or supervising works as owner, contractor, superintendent, foreman or inspector when such works are carried out under the authority of an engineer;

(j)  prevent an employee from doing for his employer anything contemplated in paragraph b of section 3, under the immediate direction of an engineer who affixes his signature and seal in the cases contemplated by section 24 and his signature in the cases contemplated by section 25;

(k)  prevent the holder of a diploma awarded by the Université du Québec on the completion of the program of studies for a bachelor’s degree in technology at the École de technologie supérieure, or the holder of an equivalent diploma from the Université du Québec, from executing works for which he has been prepared by the education he has received. Nothing in this paragraph diminishes the rights vested by the Professional Code (chapter C-26) in the holder of any such diploma;

(l)  prevent a person from performing acts reserved for members of the Order, provided he performs them in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9; 1984, c. 47, s. 64; 1993, c. 38, s. 7; 1994, c. 40, s. 336.

1993-09-15

5. Nothing in this Act shall:

(a)  affect the rights of a person entitled to practise as an architect, provided that he has the collaboration of an engineer for the works contemplated by paragraph e of section 2, nor shall it prevent him from collaborating with an engineer who requires his services for the other works contemplated by the said section;

(b)  affect the rights of the members of the Corporation professionnelle des technologues professionnels du Québec or prohibit the execution by a member of that corporation of any work for which he has been trained in the schools or institutes which give the technical course governed by the Specialized Schools Act (chapter E-10) or in the colleges established pursuant to the General and Vocational Colleges Act (chapter C-29);

(c)  deprive members of the Ordre des ingénieurs forestiers du Québec of the right to use the title of forest engineer and to practise their profession within the field reserved to them by an Act of the Legislature;

(d)  affect the rights of land surveyors in their legally recognized field;

(e)  prevent urbanists, agronomists and professional chemists from practising their profession in the field assigned to them by any law;

(f)  prevent any person from practising the profession of chemist, bacteriologist, geologist or physicist or from doing anything related to prospecting for minerals;

(g)  affect the rights enjoyed by the members of the Corporation of Master Pipe-Mechanics of Québec and the Corporation of Master Electricians of Québec, under the Acts which govern them;

(h)  restrict the normal practice of his art or trade by a mere artisan or skilled workman;

(i)  prevent any person from carrying out or supervising works as owner, contractor, superintendent, foreman or inspector when such works are carried out under the authority of an engineer;

(j)  prevent an employee from doing for his employer anything contemplated in paragraph b of section 3, under the immediate direction of an engineer who affixes his signature and seal in the cases contemplated by section 24 and his signature in the cases contemplated by section 25;

(k)  prevent the holder of a diploma awarded by the Université du Québec on the completion of the program of studies for a bachelor’s degree in technology at the École de technologie supérieure, or the holder of an equivalent diploma from the Université du Québec, from executing works for which he has been prepared by the education he has received. Nothing in this paragraph diminishes the rights vested by the Professional Code (chapter C-26) in the holder of any such diploma.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9; 1984, c. 47, s. 64; 1993, c. 38, s. 7.

1984-12-21

5. Nothing in this act shall:

(a)  affect the rights of a person entitled to practise as an architect, provided that he has the collaboration of an engineer for the works contemplated by paragraph e of section 2, nor shall it prevent him from collaborating with an engineer who requires his services for the other works contemplated by the said section;

(b)  affect the rights of the members of the Corporation professionnelle des technologues des sciences appliquées du Québec or prohibit the execution by a member of that corporation of any work for which he has been trained in the schools or institutes which give the technical course governed by the Specialized Schools Act (chapter E-10) or in the colleges established pursuant to the General and Vocational Colleges Act (chapter C-29);

(c)  deprive members of the Ordre des ingénieurs forestiers du Québec of the right to use the title of forest engineer and to practise their profession within the field reserved to them by an act of the Legislature;

(d)  affect the rights of land surveyors in their legally recognized field;

(e)  prevent urbanists, agronomists and professional chemists from practising their profession in the field assigned to them by any law;

(f)  prevent any person from practising the profession of chemist, bacteriologist, geologist or physicist or from doing anything related to prospecting for minerals;

(g)  affect the rights enjoyed by the members of the Corporation of Master Pipe-Mechanics of Québec and the Corporation of Master Electricians of Québec, under the acts which govern them;

(h)  restrict the normal practice of his art or trade by a mere artisan or skilled workman;

(i)  prevent any person from carrying out or supervising works as owner, contractor, superintendent, foreman or inspector when such works are carried out under the authority of an engineer;

(j)  prevent an employee from doing for his employer anything contemplated in paragraph b of section 3, under the immediate direction of an engineer who affixes his signature and seal in the cases contemplated by section 24 and his signature in the cases contemplated by section 25;

(k)  prevent the holder of a diploma awarded by the Université du Québec on the completion of the program of studies for a bachelor’s degree in technology at the École de technologie supérieure, or the holder of an equivalent diploma from the Université du Québec, from executing works for which he has been prepared by the education he has received. Nothing in this paragraph diminishes the rights vested by the Professional Code (chapter C-26) in the holder of any such diploma.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9; 1984, c. 47, s. 64.

1980-09-10

5. Nothing in this act shall:

(a)  affect the rights of a person entitled to practise as an architect, provided that he has the collaboration of an engineer for the works contemplated by paragraph e of section 2, nor shall it prevent him from collaborating with an engineer who requires his services for the other works contemplated by the said section;

(b)  affect the rights of the members of the Corporation professionelle des technologues des sciences appliquées du Québec or prohibit the execution by a member of that corporation of any work for which he has been trained in the schools or institutes which give the technical course governed by the Specialized Schools Act (chapter E-10) or in the colleges established pursuant to the General and Vocational Colleges Act (chapter C-29);

(c)  deprive members of the Ordre des ingénieurs forestiers du Québec of the right to use the title of forest engineer and to practise their profession within the field reserved to them by an act of the Legislature;

(d)  affect the rights of land surveyors in their legally recognized field;

(e)  prevent urbanists, agronomists and professional chemists from practising their profession in the field assigned to them by any law;

(f)  prevent any person from practising the profession of chemist, bacteriologist, geologist or physicist or from doing anything related to prospecting for minerals;

(g)  affect the rights enjoyed by the members of the Corporation of Master Pipe-Mechanics of Québec and the Corporation of Master Electricians of Québec, under the acts which govern them;

(h)  restrict the normal practice of his art or trade by a mere artisan or skilled workman;

(i)  prevent any person from carrying out or supervising works as owner, contractor, superintendent, foreman or inspector when such works are carried out under the authority of an engineer;

(j)  prevent an employee from doing for his employer anything contemplated in paragraph b of section 3, under the immediate direction of an engineer who affixes his signature and seal in the cases contemplated by section 24 and his signature in the cases contemplated by section 25.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9.

1977-12-31

5. Nothing in this act shall:

(a)  affect the rights of a person entitled to practise as an architect, provided that he has the collaboration of an engineer for the works contemplated by paragraph e of section 2, nor shall it prevent him from collaborating with an engineer who requires his services for the other works contemplated by the said section;

(b)  affect the rights of the members of the Corporation of Professional Technicians of the Province of Québec or prohibit the execution by a member of the said Corporation of any work for which he has been trained in the schools or institutes which give the technical course governed by the Specialized Schools Act (chapter E-10);

(c)  deprive members of the Ordre des ingénieurs forestiers du Québec of the right to use the title of forest engineer and to practise their profession within the field reserved to them by an act of the Legislature;

(d)  affect the rights of land surveyors in their legally recognized field;

(e)  prevent urbanists, agronomists and professional chemists from practising their profession in the field assigned to them by any law;

(f)  prevent any person from practising the profession of chemist, bacteriologist, geologist or physicist or from doing anything related to prospecting for minerals;

(g)  affect the rights enjoyed by the members of the Corporation of Master Pipe-Mechanics of Québec and the Corporation of Master Electricians of Québec, under the acts which govern them;

(h)  restrict the normal practice of his art or trade by a mere artisan or skilled workman;

(i)  prevent any person from carrying out or supervising works as owner, contractor, superintendent, foreman or inspector when such works are carried out under the authority of an engineer;

(j)  prevent an employee from doing for his employer anything contemplated in paragraph b of section 3, under the immediate direction of an engineer who affixes his signature and seal in the cases contemplated by section 24 and his signature in the cases contemplated by section 25.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229.