Can a geologist registered in the State of Wyoming who is a member of the American Institute of Professional Geologists approve scientific or technical information concerning deposits in Québec?
- Pursuant to Regulation 43-101 respecting standards of disclosure for mineral projects issued under the Québec Securities Act, the answer is yes, if the foreign certification attests to the person’s judgment and expertise.
- Pursuant to the Québec Professional Code, the answer is yes, provided he or she is a member of the Québec Order of Geologists.
Article 32 of the Professional Code states that no person shall claim in any manner to be a geologist unless he or she holds a valid, appropriate permit and is entered on the roll of the order empowered to issue the permit, unless it is allowed by law. Question: does Regulation 43-101 “allow by law” within the meaning of Article 32 of the Professional Code, creating an exception to the rule? The answer appears to be no.
In May 2014, the Superior Court of Québec confirmed a decision of the Court of Québec and sided with the plaintiff Québec Order of Geologists, which maintained that there is no conflict between the securities regulation and the legislation governing the exercise of the of the profession of geologist in Québec. In Québec, geologists need to comply with both. Therefore, a Québec exploration company violated theProfessional Code and the Québec Geologists Act each time it issued a press release in which its president was listed as a qualified person even though he was not a member of the Québec Order of Geologists.