Does a member practising as a sole proprietorship require a C of A, and therefore require professional liability insurance?
No. A C of A can only be issued to a partnership, corporation or other legal entity.
A sole proprietorship is not a legal entity separate from the sole proprietor.
A sole proprietorship is not the same as a single, or sole, practitioner corporation. The latter is a separate legal entity and requires a C of A.
If a member provides services as a sole proprietorship and does not carry insurance, they shall obtain written authority from the client to provide services without insurance.
Why professional liability insurance? Why isn't my comprehensive general liability insurance good enough?
Professional liability insurance is different from both comprehensive general liability insurance and product liability insurance:
It covers negligent errors or omissions
Its liability test is different
Does Engineers Geoscientists Manitoba have a group plan for professional liability insurance available?
No. A group plan is impractical-too many factors affect the price (e.g. type of practice, size of business).
What about section 59 of the Act? Does it not require that all professional members must hold a C of A before they can be employed?
No. "Person" in section 59 means "a partnership, corporation or other legal entity other than a natural person."
Therefore it does not apply to a professional member who is an employee of a corporation or a partner in a partnership.
What about design-builders? Would section 59 prohibit a customer from contracting with a design-builder if that design-build entity does not have a C of A?
What about a joint venture?
All engineering work provided to the customer must come from a C of A holder.
For example, if the design-build team is a contractor (not doing engineering work) and an engineering firm,
then only the engineering firm must hold the C of A. If the contractor does engineering work, they must have a C of A.
A true joint venture is not a legal entity, so each venturer is responsible for its own liabilities and obligations.
What about a partnership of corporations?
Yes. If the design-build entity is a partnership of corporations it will require a C of A regardless of whether one or more
of the partners already holds one. The partnership of corporations is a separate legal entity.
Does a manufacturing company require a C of A if its customer provides it with a requirement and the company then designs and builds the product accordingly?
Yes. Associated engineering services are being delivered to the customer along with the product.
Does a manufacturing company providing products with associated engineering services exclusively to customers outside of Manitoba require a C of A?
No. Engineers Geoscientists Manitoba has no jurisdiction outside of Manitoba. However, if a portion of the work product will be consumed in Manitoba, then a C of A is required.
Are there agreements between provinces which allow a manufacturing company providing products with associated engineering services to customers to only hold a C of A in its home jurisdiction?
No. None that we are aware of.
What about a geology report on a Manitoba property prepared for an out of province client or agency? Does the company require a C of A?
Yes. The work product, site-specific to Manitoba, is being used to develop a property within Manitoba.
Is a C of A required if the corporation is engaged only in prospecting?
Is the member, who is named in the application as being in charge of the professional practice on behalf of the C of A holder,
personally responsible for all of the practice and personally subject to discipline for the actions of others?
No. The heading for section 16(5) in the Act "Responsibility for practice", is misleading.
The wording only obliges the named person to "respond" on behalf of the C of A holder.
However, that named person may be disciplined if a problem of unskilled practice or professional misconduct is attributed to him or her.
I noticed that the C of A stamp no longer has an expiry date on it. How long is the stamp valid?
Your stamp is only valid for use when you pay your fees, and if you are in possession of the current certificate bearing the current year validation sticker.
What if I change my company name?
A company name change requires you to resubmit your application for a C of A. See Maintenance & Renewals for details.