INNOVATION January-February 2018

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LEGAL CHALLENGE TRIGGERS PROPOSED AMENDMENTS TO BYLAWS For many years, Engineers and Geoscientists BC has awarded life memberships under the association’s Bylaw 10 (c.1). The bylaw entitles members to apply for life membership if they are 70 years of age, have been practising for 35 years or more, and have been a member in good standing for 20 years or more. In February 2017, the association was the subject of a legal challenge that this bylaw is discriminatory based on age, due to the requirement for members to be 70 years of age in order to qualify. The requirement for 35 years of membership may also constitute indirect age discrimination. Under the BC Human Rights Code , membership associations such as Engineers and Geoscientists BC are prohibited from discriminating against individuals based on age. On this basis, Council decided to cease exercising its

Council is recommending changes to this bylaw to better meet public expectations by clearly indicating if a member does not have practice rights by utilizing a restricted title, such as P.Eng. (Non-Practising). This aligns with the practices of several other professions that utilize restricted titles for those who are no longer practising the profession—often accompanied by a reduced membership fee. BYLAW 10 (C.1) – LIFE MEMBERSHIP OR LICENSURE Bylaw 10 (c.1) entitles members to apply for life membership if they are 70 years of age, have been practising for 35 years or more, have been a member in good standing for 20 years or more, and are retired from all gainful employment. The qualification language in the current Life Member Bylaw must be repealed as it contravenes the BC Human Rights Code. The proposed amendments would also introduce new requirements for members who received life membership under the current bylaw (between January 1, 1998 and June 16, 2017). Since current life members must be retired from all gainful employment, and are therefore non-practising, amendments have been proposed that align with the proposed changes to Bylaw 10 (c) – Non-Practising Member. These include a requirement to use a restricted title, and to make an annual commitment to Council not to engage in the practice of professional engineering or professional geoscience. BYLAW 10 (C.2) – HONORARY LIFE MEMBERSHIP OR LICENSURE AND BYLAW 10 (D) – HONORARY MEMBERSHIP These bylaws govern the recognition of members who have served as president of the association or who have made “outstanding contributions” to the professions. Honorary life membership under Bylaw 10 (c.2) is granted to an individual who has served as president of the association or who has made outstanding contributions to the professions, and awards all membership privileges without payment of annual fees, including granting practice rights for life. Honorary membership under Bylaw 10 (d) is granted to non-members who have made outstanding contributions to the professions, and grants honorary membership in perpetuity without any other membership rights or privileges (such as voting, practice rights). As both bylaws refer to “outstanding contributions,” it is proposed that the process for recognizing these contributions be streamlined through one bylaw, rather than two. In addition, it would be beneficial to separate special recognition from the granting of practice rights so that these two membership elements can be managed independently, as well as to provide Council with the authority to revoke honorary membership if required.

discretion to offer life membership effective June 16, 2017. Council also directed a review of the bylaw that governs this process, as well as related bylaws that govern non-practising members, honorary life membership and licensure, and honorary membership. We are currently seeking member input on a suite of amendments to these bylaws that will enhance how we perform our regulatory duties. Council approved several ‘solutions principles’ that the proposed amendments should adhere to, including: the duty to protect the public interest; compliance with the Engineers and Geoscientists Act , bylaws and other legislation; fiscal responsibility; inclusivity, consistency, and fairness of application; and consideration of feedback from stakeholder consultation. WHAT AMENDMENTS ARE PROPOSED? Council is proposing four bylaws for amendment: 1. Bylaw 10 (c) – Non-practising member 2. Bylaw 10 (c.1) – Life membership or licensure 3. Bylaw 10 (c.2) – Honorary life membership or licensure 4. Bylaw 10 (d) – Honorary membership

DUE TO LENGTH, DETAILED AMENDMENTS TO EACH OF THE BYLAWS UNDER REVIEW COULD NOT BE INCLUDED HERE.

TO SEE THE DETAILED AMENDMENTS, VISIT egbc.ca/Life-Member-Bylaw-Consultation.

BYLAW 10 (C) – NON-PRACTISING MEMBER Currently, members may elect to move to non-practising status, if they are no longer practising engineering or geoscience, but wish to remain members of the association. Members who select this grade of membership do not retain practice rights, but retain all other membership privileges and may continue to use the unrestricted designations of P.Eng., P.Geo., Eng.L., and Geo.L.

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