the eggp act
The engineering, Geological and
Geophysical professions act
Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003
BYLAWS
Part 1
Head Office, Branches and Districts
Location
1(1) The Head Office of the Association shall be located in
the City of Edmonton in the Province of
Alberta.
(2) Council may establish such branches and districts as it deems necessary for
the benefit of members of the professions concentrated in specific regions of
the province. Constitution, structure and operation of the branches and districts
shall be subject to the approval of the Council.
Part 2
Election of Council
Nominating Committee
2 A nominating committee shall be appointed at the annual meeting
to serve for the ensuing year. The Committee shall consist of a minimum of 11
professional members of the Association, 1 of who shall be the retiring president,
who shall be the chairman. Council shall fill any vacancies which may occur in
this nominating committee.
Nominees
3(1) Not less than 150 days prior to the annual meeting the
nominating committee shall submit to the Executive Director a list of nominees
for Council, which shall include the president-elect as the sole nominee for
president, 3 nominees for vice-president, and at least 3 more nominees for councillors
than there are vacancies to be filled on Council.
(2) Nominees for president or vice-president shall have served at least 1 year
on the Council.
Nominees selection
4(1) The nominating committee, in selecting nominees, shall
give due consideration to the composition of the Council as required by the Act,
regulations and by-laws and to the geographical distribution and field of practice
of the nominees.
(2) The written consent of the nominees to act if elected shall be secured and
shall accompany the list of nominees submitted to the Executive Director.
(3) Not less than 120 days prior to the annual meeting the Executive Director
shall distribute to each professional member, either directly by mail or via
the Association publication known as the PEGG, a list of the nominations made
by the nominating committee.
Additional nominations
5 Additional nominations for any office or any offices, except
the president may be made in writing by any 10 professional members. Such nominations
shall reach the Executive Director properly endorsed not later than 90 days prior
to the annual meeting and shall be accompanied by the written consent of the
nominee or nominees to act if elected.
Conduct of elections
6(1) Elections shall be conducted by letter ballot.
(2) The names of all persons nominated for office shall be placed on the ballot
form in groups relating to each office. The number, professional classification
and term of councillors to be elected shall be made clear on the ballot form.
Ballot forms shall be mailed to the professional members by the Executive Director
not later than 50 days prior to the annual meeting.
(3) Each professional member is entitled to one vote for one candidate for vice-president,
and to vote for as many candidates as there are vacancies to be filled for council,
or for a lesser number.
(4) The poll shall close at noon on the 20th day prior to the annual meeting
and no ballots received after that time shall be considered.
Ballot counting committee
7(1) At least 20 days before the annual meeting the president
shall appoint 6 professional members including a chairman to act as a ballot
counting committee.
(2) This committee shall meet at a time and place designated by the president,
but at least 15 days prior to the annual meeting, and shall receive then the
package containing the ballots from the Executive Director.
(3) The envelope containing the ballots shall be opened by a member or members
of the ballot counting committee who shall scrutinize and count the votes cast
and keep a record thereof.
Counting of ballots
8(1)Of the candidates for the offices of vice-presidents, the
one receiving the highest number of votes shall be elected first vice-president
and the one receiving the second highest number of votes shall be elected second
vice-president.
(2) The candidate elected as first vice-president shall be deemed to be the president-elect
and shall be the sole nominee for the president in the succeeding year.
(3) The requisite number of persons who receive the highest number of votes for
the office of councillor shall be elected as councillors for a term of 3 years.
If there are any vacancies in council to be filled the person or persons receiving
the next highest number of votes for the office of councillor shall be elected
as councillors for the balance of the unexpired term or terms to be filled, and
as among them, the person or persons receiving the highest number of votes shall
fill any vacancy or vacancies which have the longer unexpired term or terms.
(4) On completion of the counting of the ballots, the chairman of the ballot
counting committee shall deliver to the president or the Executive Director the
results of the poll, together with the ballots and tally sheets in a separate
sealed package.
Results of election
9(1) Prior to the annual meeting, the president or the Executive
Director shall inform the candidates in the election of the results of the ballotting
including the number of votes cast for each candidate.
(2) The results of the election shall be announced at the annual meeting by the
chairman of the meeting.
(3) In case of equality of votes for any officer or councillor, the president
or, in the absence of the
president, the chairman of the nominating committee shall cast the deciding vote.
Objection and recount
10(1) Any objection to the poll as announced will be valid only if made
immediately after the
announcement and a proper motion for a recount will then be in order. If such
a motion is made and carried the chairman shall appoint a ballot counting committee
of not less than 12 professional members who shall forthwith recount all ballots.
Candidates may be present or represented at such recount.
(2) On completion of the recount the results shall be communicated in writing
to the chairman who shall announce it to the annual meeting immediately. Such
recount shall be final and binding.
(3) Following the announcement of the poll or of the recount, as the case may
be, the ballots and any tally sheets shall be destroyed.
Failure to comply with procedures
11 In the event of any failure to comply with procedures relating
to the election of members of Council,
Council shall have the power to take any action it deems necessary to validate
the nomination, the counting
of the ballots or the election.
Part 3
Meetings of the Council
Council meetings
12(1) Council shall meet at the call of the president or on
request in writing to the Executive Director signed by not less than 4 councillors.
(2) The time and place of Council meetings shall be fixed by the president or
by the councillors,
whichever called the meeting.
(3) Professional members of the Association shall be informed as to the time
and place of Council
meetings and may attend meetings of the Council as observers if advance notification
of their attendance is given to the Executive Director.
(4) If any member of Council is unable to attend a meeting of Council he shall
so inform the Executive Director or the executive secretary prior to the meeting.
(5) If any member of Council absents himself from 3 consecutive meetings of Council
without the
approval of Council, Council may declare his seat to be vacant.
Expenses
13 Members of Council and, at the discretion of Council, appointed
representatives of the Association, members of committees of the Association,
members invited for special purposes and the representatives of other organizations
shall be paid the reasonable out of-pocket expense of attending meetings of the
Council or of the Association or when travelling on business of the Association.
Honorarium President
13.1 An honorarium shall be paid to the President, or the President’s
nominee in an amount and under such conditions as may be determined by the Council
from time to time.
13.2 Onus to respond
Part
4
Representatives to and from other Organizations and Groups
Representatives on other organizations
14(1) Council may appoint professional members to represent
the Association on the Engineering Faculty Councils and Science Faculty Councils
of Universities in Alberta and shall appoint a director of the Canadian Council
of Professional Engineers.
(2) Council may appoint a professional member to represent the Association on
the Council, governing body, or committees of any other organization or association.
(3) Representatives appointed under the provisions of subsections (1) and (2)
hereof, if not members of Council, may be invited by Council to attend meetings
of Council and to take part in the proceedings of Council but shall not be entitled
to vote on any question.
Representatives from other organizations
15(1) Council may invite any organization or association to
appoint a member of its executive as a
representative to sit with Council at such meetings of Council as Council may
determine.
(2) Any representative appointed pursuant to subsection (1) hereof, if not a
member of Council, may be invited by Council to attend meetings of Council and
to take part in the proceedings of Council but shall not be entitled to vote
on any question.
Part 5
Meetings of the Association
Annual meetings
16(1) An annual meeting of the Association shall be held in
every calendar year with the period between such meetings not to exceed 18 months.
At each annual meeting the Council shall submit a recommendation as to the date
and place of the next annual meeting.
(2) Notice of the annual meeting shall be distributed, either directly by mail
or via the Association
publication known as the PEGG, to all members at least 90 days in advance of
the meeting.
(3) At the annual meeting of the Association a quorum shall consist of 60 professional
members.
Agenda
17(1) The following items of business shall be dealt with at
the annual meeting:
(a) minutes of the last annual meeting and of any special meetings held since the last annual meeting;
(b) business arising from the minutes;
(c) address of the president,
(d) reports of representatives of the Association;
(e) reports of committees;
(f) auditor's report;
(g) appointment of auditor;
(h) new business;
(i) fixing of the date and place of the next annual meeting;
(j) announcement of the results of the annual election;
(k) objection, if any, to the election results as announced;
(1) appointment of the nominating committee.
(2) Any resolution carried at an annual meeting shall be considered at the next
regular meeting of the Council.
Special meetings
18(1) Special meetings of the Association may be held when considered
necessary by the Council or upon written request to the Executive Director signed
by not less than 30 professional members of the Association. A special meeting
summoned pursuant to the written request of the 30 or more professional members
shall be held not more than 45 days after the request is received by the Executive
Director.
(2) Written notice calling a special meeting of the Association shall be distributed
to all members, directly either by mail or via the Association publication known
as the PEGG, at least 14 days in advance of the meeting and shall clearly state
the object of the meeting, and no other business shall be transacted at the meeting.
(3) At any special meetings of the Association a quorum shall consist of 60 professional
members.
(4) Any resolution carried at a special meeting shall be considered at the next
regular meeting of the Council.
District meetings
19(1) District meetings of the Association may be held as approved
by Council or as directed by the executive of a properly constituted Branch of
the Association.
(2) Notice of a district meeting shall be distributed to all members resident
in the district, either directly by mail or via the Association publication known
as the PEGG, at least 14 days in advance of the meeting.
(3) Council shall approve the holding of a district meeting of the Association
on a request to the Executive Director signed by not less than 30 professional
members of the Association.
(4) A quorum at a district meeting shall be 10 professional members.
(5) Any resolution carried at a district meeting shall be considered by Council
at its next regular meeting.
Procedures at meetings
20(1) The proceedings at any meeting of the Association and of Council shall
be governed by the rules laid down in the latest edition of Robert's Rules of
Order, except as these by-laws may otherwise provide.
(2) Only professional members are entitled to vote at annual, district or special
meetings of the
Association.
Part
6
Executive Director, Acting Registrar
Responsibilities
21 (1) The Executive Director shall be a professional member
of the Association and shall post a security bond at the expense of the Association
in a sum to be fixed by Council.
(2) The Executive Director shall be in responsible charge, under Council, of
all property of the
Association and shall be responsible for the work of all employees of the Association.
(3) The Executive Director shall be responsible for
a) the presentation of business and recording of proceedings at all meetings of the Association and of Council,
(b) conducting the correspondence of the Association and keeping full records thereof,
(c) the books and accounts of the Association and ensuring that all monies due the Association are collected and deposited with the funds of the Association,
(d) the drawing of cheques against the funds of the Association to be signed by the Executive Director and president or alternates approved by the Council,
(e) providing from time to time such information and reports as may be requested by Council, or which he deems necessary in the interest of the Association, and
(f) such other functions as are necessary or expedient for the proper administration of the Act, regulations and by-laws, and the affairs of the Association generally.
Acting Registrar
22 The Council may appoint an Acting Registrar who has all the powers and can
perform all the duties of the Registrar under the Act, the regulations and the
by-laws when the Registrar is absent or unable to act, or when there is a vacancy
in the office of the Registrar.
Part
7
Finances of the Association
Auditing
23(1) The finances of the Association shall be audited annually
as of the 31st day of December.
(2) The auditors shall be a firm of chartered accountants who shall be appointed
annually at the annual meeting.
(3) The auditors shall submit a written report for the annual meeting, a copy
of which shall be sent to members prior to the meeting either directly by mail
or via one of the Association publications.
Fees
24(1) The annual fee for a professional member shall be as specified
from time to time by Council and shall be payable in advance, on the anniversary
date of the member's initial or current registration, subject to such discount,
if any, as Council may from time to time direct.
(2) The registration fee shall consist of an administrative charge as established
by Council from time to time plus any other fees payable with the application
for registration.
(3) In the case of new applicants, the annual fee for the following 12 months
shall be payable at the time of registration.
(4) The annual fee for a licensee shall be fixed by Council from time to time,
and shall not be less than the annual fee for a professional member.
(5) (a) The annual fee for a permit holder shall be fixed by Council from time
to time and shall be not less than the annual fee for the professional member
or licensee assuming direct personal
supervision of and responsibility for the practice of the permit holder.
(b) Council may, in its discretion, on application
of a permit holder waive or reduce the annual fee.
(6) The annual fee for a registered professional technologist shall be as specified
from time to time by Council and shall be payable as directed by Council.
Part
8
Honorary Members
Life Member
25(1) Council, may confer life membership in the Association
upon any professional member who
(a) has been a professional member for 25 or more years; or has held equivalent
registration in a
jurisdiction recognized by the Association, and professional membership totalling
a minimum of
25 years, of which at least the last 10 years have been with the Association,
and
(b) has retired from the practice of the profession
(2) Notwithstanding Section 25(1), Council, in its sole discretion, may confer
life membership in the
Association upon any professional member it deems worthy.
(3) Subject to Section 25(1), life members retain all of the obligations, duties
and privileges of
professional membership and pay annual fees as may be specified by Council.
Honorary Life Member
26(1) Council, in its discretion by unanimous vote, may confer
Honorary Life Membership in the
Association upon any professional member who has rendered signal service to the
Association.
(2) Honorary Life Members retain all of the obligations, duties and privileges
of professional membership
but are exempted from payment of annual fees.
Honorary Member
27(1) Council, in its discretion by unanimous vote, may confer
honorary membership in the Association upon persons who have given eminent service
to the profession. There shall at no time be more than 30 honorary members in
the Association.
(2) Honorary membership may be revoked by unanimous vote of the Council for conduct
considered detrimental to the profession.
(3) Honorary members do not have the right to vote on Association affairs, to
call themselves professional members or create the impression that they are professional
members, or to engage in the practice of engineering, geology or geophysics.
(4) Honorary members are not required to pay any annual fees.
Part 9
Committees
Procedures and appointments
28(1) Standing Committees, Task Forces, or Boards, appointed
by the Council pursuant to the Act and Regulations, shall proceed in accordance
with terms of reference and procedures designated by the Council at the time
of appointment.
(2) The Chair and members of Standing Committees, Task Forces, and Boards shall
be appointed by the Council or if the Council so directs, by the Executive Director.
(3) Members of Standing Committees, Task Forces, and Boards, shall be appointed
by the Council or by Chairmen in consultation with the Executive Director with
ratification by the Council.
Expenses
29 The Chairs and members of Standing Committees, Task Forces and Boards shall
receive
reimbursement of expenses incurred in performing their designated functions.
Part 10
Scholarships and Benefit Programs
Program
30(1) The Council in its discretion may establish such scholarship or other educational
incentive programs that it considers will serve the interests of the professions
of engineering, geology or geophysics and shall decide from time to time the
amount of financial support to be provided for such programs.
(2) The Council in its discretion may establish such other types of benefit programs
that it considers will advance the welfare of the professions of engineering,
geology or geophysics and shall decide from time to time the amount of financial
support to be provided for such programs.
Part
11
Register of Members
Content
31(1) The Registrar shall be responsible for maintaining an
up-to-date register providing a record of
(a) professional members,
(b) licensees,
(c) permit holders,
(d) Life Members, Honorary Life Members, and Honorary Members,
(e) members-in-training,
(f) examination candidates,
(g) students,
(h) joint firms, and
(i) restricted practitioners, and
(j) registered professional technologists.
(2) The Registrar shall be responsible for entering any memoranda in the register related to cancellations and suspensions and any subsequent modifications to such memoranda and shall advise the next regular meeting of the Council of any memoranda entered or modified.
Mailing addresses
32 Professional members, licensees, permit holders, registered
professional technologists, Life Members, Honorary Life Members, Honorary Members,
members-in-training, examination candidates, students, joint firms and certificate
holders shall provide the Registrar with their current mailing addresses and
advise the Registrar forthwith in writing of any change in address.
Onus to respond
32.1 Professional members, licensees, permit holders, life members registered
professional technologists, members in training, joint firms, or certificate
holders, shall respond promptly and appropriately to any duly served communication
of a regulatory nature received from the Association that contemplates a reply.
Part
12
Seals, Stamps and Certificates
Seals and stamps
33(1) Seals and stamps issued to professional members shall
be in a form prescribed by the Council and shall show the professional category
of the professional member as Professional Engineer, Professional Geologist or
Professional Geophysicist.
(2) Seals and stamps issued to licensees shall be in a form prescribed by the
Council and shall show the professional category of the licensee as Professional
Engineer, Professional Geologist or Professional Geophysicist and in addition
shall carry the word "licensee",
(3) Stamps issued to permit holders shall be in a form prescribed by the Council
and shall show the designation "Permit Holder".
(4) Stamps issued to joint firms shall be in a form prescribed by the Council
and shall show the
designation "Engineers and Architects" or "Architects and Engineers".
(5) Seals and stamps issued to registered professional technologists shall be
in a form prescribed by the Council and shall show the designation “Registered
Professional Technologist (Engineering), (Geology), or (Geophysics)” as
the case may be.
Certificates
34(1) The Registrar shall issue to each professional member
a certificate in a form prescribed by the Council signed by the president and
Registrar showing the date of registration and the professional category in which
the member is registered; and upon renewal an annual certificate.
(2) The Registrar shall issue to each licensee a license certificate in a form
prescribed by the Council signed by the president and Registrar showing the date
of registration and the professional category of the licensee; and upon renewal
of the license an annual certificate in the form of a license renewal card.
(3) The Registrar shall issue to each permit holder a certificate in a form prescribed
by the Council signed by the president and Registrar showing the permit number
assigned to the permit holder and professional category in which the permit holder
is entitled to practice; and upon renewal of the permit an annual certificate
in the form of a permit renewal card.
(4) The Registrar shall issue to each restricted practitioner a certificate in
a form prescribed by the Council signed by the president and Registrar and showing
the date of registration and the restricted area of practice in which the certificate
holder may engage; and upon renewal of registration as a restricted practitioner,
an annual certificate in the form of a restricted practice renewal card.
(5) The Registrar shall issue to each registered professional technologist a
certificate in a form prescribed by the Council, signed by the President and
Registrar, and showing the date of registration and the area of practice in which
the registered professional technologist may engage; and upon renewal of registration
as a registered professional technologist an annual certificate in the form of
a renewal card.
Surrender of seals, stamps and certificates
35 Professional members, licensees, permit holders, certificate
holders, and registered professional technologists shall surrender to the Registrar,
forthwith upon development of any of the following eventualities, any seals,
stamps and certificates that have been issued to them:
(a) temporary withdrawal of the professional member, licensee, permit holder, certificate holder, or registered professional technologist from practice of the profession for a period estimated to exceed 1 year;
(b) resignation of the professional member, licensee, permit holder, certificate holder, or registered professional technologist from the Association;
(c) the suspension or cancellation of the professional membership, license, permit or certificate.
Part 13
Assessment of Costs for Hearings and Appeals
Content
36 Where the Discipline Committee, Practice Review Board or
the Appeal Board orders an investigated person to pay the costs of the hearing,
or the costs of the appeal, or both the costs of the hearing and the costs of
the appeal, those costs may include all or any of the following costs and expenses:
(a) any honorarium, payment, or professional fees paid to a person retained to participate in the hearing or appeal;
(b) costs of any transcripts of evidence taken in the proceedings;
(c) costs of reproduction of all or any documents including drawings and plans relating to the proceedings;
(d) witness fees;
(e) cost of renting rooms, renting recording equipment, or hiring a reporter to take transcript of the evidence;
(f) fees payable to the solicitor acting on behalf of the Association in the proceedings;
(g) any other expenses incurred that are attributable to the hearing or an appeal resulting from it.
Part
14
General
Voting by mail
37(1) The Council may direct that a mail vote be conducted on
any matter related to the Association.
(2) Announcement of a mail vote giving full details of the matter to be voted
upon must be made to all professional members at least 21 days in advance of
the vote being taken and if objections to a mail vote are received by the Registrar
in writing at least 3 days before the announced date of the vote from at least
30 professional members of the Association the matter shall be held over to a
meeting of the Association.
(3) A vote by mail shall be declared valid if at least 10 percent of the professional
members respond and the matter shall be declared carried or defeated on the basis
of a simple majority of the votes returned.
(4) The results of a mail vote shall be considered by the Council at its next
regular meeting.
Amendments to By–laws
38(1) Proposed amendments to by-laws shall be submitted to a
properly convened meeting of the
Association and shall not be effective unless approved by a majority of the professional
members present and voting at the meeting, or shall be submitted to the professional
members for a mail vote in accordance with section 37.
(2) If the proposed amendments are to be voted on at a meeting of the Association,
full details of the proposed amendments shall be disclosed to all professional
members at least 14 days in advance of the meeting.
Validation
39 When any act or thing under the provisions of these by-laws
directed to be done within a limited time is not so done, or is not properly
or effectually done, then anything actually done prior to such omission or improper
or ineffectual act shall not be thereby vitiated, but shall remain in full effect
and the Council, either prior or subsequent to such act not properly or effectually
done or omitted, may extend the time for completing or perfecting such act or
thing, which when completed or perfected, shall have the same effect as if done
strictly in accordance with the provisions of these by-laws.