THE EGGP ACT
The engineering, Geological and
Geophysical professions act
Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003
PART 2
ASSOCIATION
Association of Professional Engineers, Geologists and Geophysicists
10(1) The Association of Professional Engineers, Geologists and Geophysicists
of Alberta shall be continued as a corporation.
(2) The abbreviated form of the name of the Association shall be A.P.E.G.G.A.
or APEGGA.
(3) No person other than the Association shall use the abbreviated form
of the name of the Association or any other abbreviation alone or in combination
with any other word or name in a way that represents expressly or by implication
that the person is a member of or connected in any way with the Association.
1981 cE-11.1 s10
Powers of the Association
11 In addition to the powers vested in it by this and any other Act, the
Association has the power to
(a) acquire and hold real property and sell, lease or otherwise dispose of it, and
(b) borrow money for the purposes of the Association and mortgage or charge real or personal property of the Association or its sources of funds as security.
1981 cE-11.1 s11
Council
12(1) There is hereby established a governing body of the Association
called the Council.
(2) The Council shall manage and conduct the business and affairs of the
Association and exercise the powers of the Association in the name of and on
behalf of the Association.
(3) The Council shall submit annually to the Minister in a form satisfactory
to the Minister a report on those matters of the business and affairs of the
Association that the Minister requires.
(4) The Minister shall, on receipt of the annual report of the Association,
lay it before the Legislative Assembly if it is then sitting, and if it is not
then sitting, within 15 days after the commencement of the next sitting.
1981 cE-11.1 s12
Registrar
13 The Council shall appoint a Registrar for the purposes of this Act.
1981 cE-11.1 s13
Council members
14(1) Subject to subsection (2), the Council shall include the president,
2 vice-presidents, the immediate past-president and at least 12 other professional
members, the number of which shall be prescribed by the bylaws, each of whom
shall be elected by the professional members at the time, in the manner and for
the period provided for in the bylaws.
(2) The Council shall consist of
(a) at least 16 professional members among whom there shall be not less than
(i) 2 professional engineers,
(ii) 2 professional geologists, and
(iii) one professional geophysicist, and(b) when the total number of elected professional members does not exceed 20, 3 members of the public, who shall be appointed by the Minister, after consultation with the Association, for a 3-year term of office.
(3) For each 10 elected professional members by which the membership of
the Council exceeds 20, an additional member of the public shall be appointed
by the Minister, after consultation with the Association, for a 3-year term of
office.
(4) A member of the Council appointed under subsection (2)(b) continues
to hold office after the expiry of the member's term of office until the member
is reappointed or the member's successor is appointed.
(5) The Minister may, after consultation with the Council, revoke the
appointment of a member of the Council made under subsection (2)(b).
(6) The Minister may pay to a member of the Council appointed under subsection
(2)(b) travelling and living expenses incurred by that member for the member's
attendance at any meeting of the Council while away from the member's usual place
of residence and fees in an amount prescribed by the Minister.
(7) The powers, duties and operations of the Council under this Act, the
regulations and the bylaws are not affected by
(a) the fact that no member of the public is appointed as a member of the Council pursuant to subsection (2)(b),
(b) the revocation under subsection (5) of the appointment of a member of the public, or
(c) the resignation from the Council of a member of the public.
(8) The failure of a member of the public appointed under subsection (2)(b) to attend a meeting of the Council shall not be construed to affect or restrict the Council from exercising at that meeting any powers or performing any duties under this Act, the regulations or the bylaws.
1981 cE-11.1 s14;1995 c14 s4
Practice Review Board
15(1) There is hereby established a board called the Practice Review Board
consisting of not less than 5 members as follows:
(a) the Council shall appoint not less than 4 professional members who have a combination of knowledge and experience suitable for determining the academic qualifications and experience necessary for a person to continue to engage in the practice of the profession of engineering, geology or geophysics;
(b) the Minister shall appoint one member of the public nominated by the Council.
(2) If the Council fails, within a reasonable period of time after being
requested to do so by the Minister, to make a nomination for the purposes of
subsection (1)(b), the Minister may appoint a member of the public to the Practice
Review Board without the Council's nomination.
(3) The Minister may pay to the member of the Board appointed under subsection
(1)(b) travelling and living expenses incurred by that member for the member's
attendance at a hearing of the Board while away from the member's usual place
of residence and fees in an amount prescribed by the Minister.
(4) The Minister may, after consultation with the Council, revoke the
appointment under subsection
(1)(b) of a member of the public.
(5) The powers, duties and operations of the Board under this Act, the regulations and the bylaws are not affected by
(a) the fact that no member of the public is appointed as a member of the Board pursuant to subsection
(1)(b),
(b) the revocation under subsection (4) of the appointment of a member of the public, or
(c) the resignation as a member of the Board of a member of the public.
(6) The failure of a member of the public appointed under subsection (1)(b) to attend a meeting of the Board shall not be construed to affect or restrict the Board from exercising at that meeting any powers or performing any duties under this Act, the regulations or the bylaws.
RSA 2000 cE-11 s15;2001 c10 s3
Powers of the Practice Review Board
16(1) The Practice Review Board
(a) shall, on its own initiative or at the request of the Council, inquire into
(i) the assessment of existing and the development of new educational standards and experience requirements that are conditions precedent to obtaining and continuing registration under this Act,
(ii) the evaluation of desirable standards of competence of professional members, licensees, permit holders and certificate holders generally,
(iii) the practice of the profession by professional members, licensees, permit holders or certificate holders generally, and
(iv) any other matter that the Council from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of the profession under this Act and the regulations, and(b) may conduct a review of the practice of a professional member, licensee, permit holder or certificate holder in accordance with this Act and the regulations.
(2) The Board shall report to and advise the Council with respect to any
matter dealt with by it pursuant to subsection (1).
(3) A person requested to appear at an inquiry under this section by the
Board is entitled to be represented by counsel.
(4) The Board may, after a review under this section with respect to an
individual practitioner, make any order that the Discipline Committee may make
under section 63 or 64.
(5) The provisions of Part 5 with respect to an investigation by the Investigative
Committee apply to a review of an individual practitioner by the Practice Review
Board.
(6) The Board may at any time during an inquiry or review under this section
recommend to the Investigative Committee that the inquiry or review be conducted
by the Investigative Committee pursuant to Part 5.
(7) On receiving a recommendation under subsection (6), the Investigative
Committee may proceed with an investigation under Part 5 as if the recommendation
were a written complaint.
(8) After each inquiry under this section, the Board shall make a written
report to the Council on the inquiry and may make any recommendations to the
Council that the Board considers appropriate in connection with the matter inquired
into, with reasons for the recommendations.
(9) The Council may, if it considers it to be in the public interest to
do so, direct that the whole or any portion of an inquiry by the Board under
this section shall be held in camera.
1981 cE-11.1 s16;1995 c14 s6;1998 c14 s5
Appeal to Appeal Board
17 A professional member, licensee, permit holder or certificate holder
who is the subject of a hearing or a review by the Practice Review Board may
appeal any decision or order of the Board to the Appeal Board as if it were a
decision or order of the Discipline Committee under Part 5.
1981 cE-11.1 s17;1995 c14 s7
Appeal Board
18(1) There is hereby established an Appeal Board consisting of
(a) the professional members appointed by the Council in accordance with the regulations, and
(b) one member of the public appointed by the Minister, after consultation with the Association, for a 3-year term of office.
(2) A member of the Appeal Board appointed under subsection (1)(b) continues
to hold office after the expiry of the member's term of office until the member
is reappointed or the member's successor is appointed.
(3) The Minister may, after consultation with the Appeal Board, revoke
the appointment of a member of the Appeal Board made under subsection (1)(b).
(4) The Minister may pay to a member of the Appeal Board appointed under
subsection (1)(b) travelling and living expenses incurred by that member for
the member's attendance at any meeting of the Appeal Board while away from the
member's usual place of residence and fees in an amount prescribed by the Minister.
(5) The powers, duties and operations of the Appeal Board under this Act,
the regulations and the bylaws are not affected by
(a) the fact that no member of the public is appointed as a member of the Appeal
Board pursuant to subsection (1)(b),
(b) the revocation of the appointment of a member of the public, or
(c) the resignation from the Appeal Board of a member of the public.
(6) The failure of a member of the public appointed pursuant to subsection (1)(b)
to attend a meeting of the Appeal Board shall not be construed to affect or restrict
the Appeal Board from exercising any powers or performing any duties under this
Act, the regulations or the bylaws at that meeting.
1995 c14 s8