COMPANY REGISTRATION
All Engineering and Geoscience work performed in Manitoba requires a Certificate of Authorization (CofA) from Engineers Geoscientists Manitoba. However, whether you or your company require a CofA depends on the kind of legal entity you are.
When a Certificate of Authorization IS REQUIRED
Practising Entity
- A partnership, corporation, agency, or other entity which does not meet the criteria of either sole practitioner or operating entity. This category includes those organizations that offer professional services to clients or customers, directly or indirectly,
- Has a professional engineer, professional geoscientist or licensee who is a full time employee of the entity taking responsibility for the direct and indirect professional services
These are referred to as Practising Entity and require a CofA.
Sole Practitioner
- A corporation or partnership, offering professional engineering or professional geoscience services where a single professional engineer or professional geoscientist or licensee has an ownership position in the partnership or corporation, and exercises 100 percent control over the entity and assumes sole responsibility for the professional work done.
These are referred to as Sole Practitioner and require a CofA.
Operating Entity - With Services
- A partnership, corporation, agency, or other entity; who provides professional engineering or professional geoscientific services as a selling feature to the consumer of a manufactured item, piece of equipment, product, or facility is REQUIRED to hold a Certificate of Authorization.
- For example, energy companies, pipeline manufactures, temporary structure rental companies, grain terminal design builders, sign manufacturers, etc. Any company offering to design, manufacture, install, commission, measure, and maintain, or provide similar advice for their product MUST hold a Certificate of Authorization.
These are referred to as Practising Entity and require a CofA.
When a Certificate of Authorization IS NOT Required
Operating Entity
- A partnership, corporation, agency, or other entity; where a manufacturer uses engineering to make a product. For example, an electric motor, manufactured and listed in a catalog. The consumer picks a product from a company's catalog of items for sale. In this case companies are NOT required to hold a Certificate of Authorization.
These are referred to as Operating Entity and do not require a CofA.
Sole Proprietorship
- is an unincorporated business owned by one individual. The owner and the business are considered the same legal person.
Sole Proprietorships DO NOT require a CofA, however, are required to hold professional liability insurance coverage equivalent to CofA holder terms and conditions.
IMPORTANT:
- By-law 18.2 has been revised to strengthen the protection of the public, clients, and practitioners. The updated by-law requires all professional members, temporary licensee, and specified scope of practice licensee who engage in the practice of professional engineering and/or professional geoscience in Manitoba must maintain the same professional liability insurance as Certification of Authorization holders.
- 'Engaging in the practice of the profession(s)' is interpreted as providing services to the public, which includes activities such as offering engineering or geoscience advice, providing consulting services, or operating as a sole proprietor-even occasionally or for a limited number of hours per year.