THE EGGP ACT

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The engineering, Geological and
Geophysical professions act

Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003

PART 4

REGISTRATION

Registers and membership records
21(1) The Registrar shall maintain, in accordance with the bylaws and subject to the direction of the Council, a register for each of the following:

(a) professional engineers;
(b) professional geologists;
(c) professional geophysicists;
(d) licensees to engage in the practice of

(i) professional engineering,
(ii) professional geology, or
iii) professional geophysics;

(e) permit holders to engage in the practice of

(i) professional engineering,
(ii) professional geology, or
(iii) professional geophysics;

(f) joint firms;
(g) restricted practitioners.

(2) The Registrar shall enter in the appropriate register the name of a person who has paid the fee prescribed under the bylaws, and

(a) whose registration to engage in the practice of

(i) engineering, as a professional engineer or licensee,
(ii) geology, as a professional geologist or licensee, or
(iii) geophysics, as a professional geophysicist or licensee
has been approved by the Board of Examiners,

(b) whose registration to engage in the practice of the profession as a permit holder has been approved by the Council, or
(c) whose registration to engage in the practice of engineering has been approved

(i) in the case of a joint firm, by the Council, or
(ii) in the case of a restricted practitioner, in accordance with section 37.

(3) The Registrar shall maintain, in accordance with the bylaws and subject to the direction of the Council, a membership record of the members in each class or category of membership established under the regulations and the bylaws.

1981 cE-11.1 s20

Registration as professional member
22 The Board of Examiners shall approve for registration as a professional engineer, professional geologist or professional geophysicist an individual who has applied to the Board and is eligible in accordance with this Act and the regulations to become a professional engineer, geologist or geophysicist, as the case may be.

1981 cE-11.1 s21

Registration as licensee
23 The Board of Examiners shall approve the registration as a licensee of an individual who has applied to the Board of Examiners and is eligible in accordance with this Act and the regulations to become registered to engage in the practice of engineering, geology or geophysics as a licensee.

1981 cE-11.1 s22

Registration of permit holders
24(1) The Council shall approve the registration as a permit holder of a partnership or other association of persons, or of a corporation incorporated or registered under the Companies Act or continued, incorporated or registered under the Business Corporations Act, that has applied to the Council and is eligible under this section and the regulations to become registered to engage in the practice of engineering, geology or geophysics as a permit holder.
(2) A partnership or other association of persons or a corporation that applies to the Council is eligible to become registered as a permit holder entitled to engage in the practice of engineering, geology or geophysics if it satisfies the Council that it complies with the Act and the regulations.

1981 cE-11.1 s23;1984 c17 s10

Evidence of registration
25(1) On entering the name of a professional engineer, geologist or geophysicist in the register, the Registrar shall issue to the professional engineer, geologist or geophysicist

(a) a certificate of registration, and
(b) a stamp or seal engraved as prescribed in the bylaws.

(2) On entering the name of a licensee in the register, the Registrar shall issue to the licensee

(a) a licence to engage in the practice of engineering, geology or geophysics as a licensee as authorized in the licence, and
(b) a stamp or seal engraved as prescribed in the bylaws.

(3) On entering the name of a permit holder in the register, the Registrar shall issue to the permit holder

(a) a permit to engage in the practice of engineering, geology or geophysics as a permit holder as authorized in the permit, and
(b) a permit number as prescribed in the bylaws.

(4) On entering the name of a joint firm in the register, the Registrar shall issue to the joint firm

(a) a certificate of authorization to engage in the practice of engineering and architecture, and
(b) a permit number as prescribed in the bylaws.

(5) On entering the name of a restricted practitioner in the register, the Registrar shall issue to that individual a certificate of authorization to engage in the restricted scope of the practice of engineering that is specified in the certificate.

(6) A certificate of registration, a licence, a permit or a certificate of authorization issued under this section entitles the holder to engage in the practice of engineering, geology or geophysics, as the case may be, subject to this Act, the regulations and the bylaws.

1981 cE-11.1 s24;1995 c14 s11;1998 c14 s8

Annual certificate
26(1) A professional member, licensee, permit holder or certificate holder engaged in the practice of engineering, geology or geophysics shall pay to the Association the annual fee prescribed under the bylaws.
(2) The Registrar shall issue an annual certificate in accordance with the bylaws to a professional member, licensee, permit holder or certificate holder

(a) whose registration is not under suspension, and
(b) who has paid the annual fee.

(3) Subject to this Act, an annual certificate entitles the professional member, licensee, permit holder or certificate holder to engage in the practice of engineering, geology or geophysics, as the case may be, during the year for which the annual certificate is issued.
(4) An annual certificate expires on December 31 of the year for which it is issued.

1981 cE-11.1 s25

Entries in registers
27(1) The registration of a professional member, licensee, permit holder or certificate holder is suspended when the decision to suspend the registration is made in accordance with this Act.
(2) The Registrar shall enter a memorandum of suspension of a registration in the appropriate register indicating

(a) the duration of the suspension, and
(b) the reason for the suspension.

(3) The registration of a professional member, licensee, permit holder or certificate holder is cancelled when the decision to cancel the registration is made in accordance with this Act.
(4) The Registrar shall enter a memorandum of cancellation of a registration in the appropriate register.
(5) The Registrar shall not remove from the registers any memorandum made by the Registrar under this section, except in accordance with the bylaws.

1981 cE-11.1 s26

List of registrants open to the public
28 The Registrar shall maintain and, during regular office hours, permit any person to inspect a list of all the professional members, licensees, permit holders and certificate holders in good standing.

1981 cE-11.1 s27

Cancellation on request
29(1) The Registrar shall not cancel the registration of a professional member, licensee, permit holder or certificate holder at that person's request unless the request for the cancellation has been approved by the Council.
(2) When a request for cancellation of a registration is approved by the Council

(a) the Registrar shall cancel that registration, and
(b) the professional member, licensee, permit holder or restricted practitioner requesting the cancellation shall, on being notified of the approval,

(i) immediately surrender to the Registrar

(A) the certificate of registration, licence and the stamp or seal, in the case of a professional member, licensee or restricted practitioner, or
(B) the permit and annual certificate, in the case of a permit holder,
and

ii) cease using the permit number, in the case of a permit holder.

(3) The Council may direct the Registrar to reinstate in the applicable register a registration that was cancelled under this section, subject to any conditions that the Council may prescribe, and to reissue the certificate of registration, licence or permit and the stamp, seal or permit number.
(4) Notwithstanding subsection (3), if a person whose registration is cancelled applies to be reinstated more than 7 years after the date of the cancellation, the application for reinstatement must be referred to the Board of Examiners.

1981 cE-11.1 s28;1995 c14 s12;1998 c14 s9

Board of Examiners
30(1) The Council shall establish a Board of Examiners in accordance with the regulations.
(2) The Minister shall appoint as members of the Board of Examiners 3 persons from a list of members of the public nominated by the Council.
(3) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make nominations for the purposes of subsection (2), the Minister may appoint 3 members of the public to the Board of Examiners without the Council's nomination.
(4) The Minister may pay to a member of the Board appointed under subsection (2) 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.
(5) The Minister may, after consultation with the Council, revoke the appointment under subsection (2) of a member of the public.
(6) 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

(2),

(b) the revocation under subsection (5) 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.

(7) The failure of a member of the public appointed under subsection (2) to attend a meeting of the Board is not to 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.
(8) The Board of Examiners shall consider applications for the registration of applicants as professional members or licensees in accordance with this Part, the regulations and the bylaws and may

(a) approve the registration,
(b) refuse the registration, or
(c) defer the approval of registration until it is satisfied that the applicant has complied with a requirement made under this section.

(9) The Board of Examiners may, in its discretion, require an applicant for registration

(a) to pass one or more examinations set by the Board,
(b) to obtain more experience of a kind satisfactory to the Board for a period set by the Board, or
(c) to pass one or more examinations and obtain more experience
before it approves the registration.

1981 cE-11.1 s29;1984 c17 s11;1995 c14 s13

Approval by the Board of Examiners
31(1) The Board of Examiners shall approve the registration as a professional member of a person who proves to the satisfaction of the Board that

(a) the person is of good character and reputation,
(b) the person is a Canadian citizen or lawfully admitted to Canada for permanent residence, and
(c) the person meets the requirements of the regulations.

(2) If an applicant for registration as a licensee is not a Canadian citizen or lawfully admitted to Canada for permanent residence but otherwise complies, to the satisfaction of the Board of Examiners, with subsection (1), the Board shall approve the registration.

1981 cE-11.1 s30;1984 c17 s12;1995 c14 s14

Review by the Appeal Board
32(1) The Board of Examiners shall send a written notice of any decision made by it under this Part to the applicant.
(2) If the decision made by the Board is to refuse or defer registration of the applicant, reasons for the decision shall be sent in writing to the applicant.
(3) If the decision made by the Board is to approve the registration, the Registrar shall publish a notice of approval in accordance with the bylaws.
(4) An applicant whose application for registration has been refused by the Board of Examiners may, within 30 days after receiving a notice of refusal and the reasons for refusal, appeal the decision to the Appeal Board by serving a notice of appeal on the Registrar.
(5) On receiving a notice of appeal, the Registrar shall set a date, time and place for the hearing of the appeal and notify the appellant, in writing, of the date, time and place.
(6) The appellant may appear with counsel and make representations to the Appeal Board.
(7) On concluding the hearing, the Appeal Board may make any decision the Board of Examiners was authorized to make.

1981 cE-11.1 s31;1995 c14 s15

Joint firms
33(1) In this section and sections 34 and 35,

(a) "Architects Association" means The Alberta Association of Architects under the Architects Act;
(b) "architects firm" means a partnership or corporation

(i) that

(A) confines its practice to providing architectural consulting services, or
(B) if it does not confine its practice to providing architectural consulting services, engages in a practice satisfactory to the Joint Board,
and

(ii) in which registered architects

(A) hold a majority interest, and
(B) control the partnership or corporation,
and that is otherwise entitled to engage in the practice of architecture under the Architects Act;
(c) "engineers firm" means a partnership or corporation

(i) that

(A) confines its practice to providing engineering consulting services, or
(B) if it does not confine its practice to providing engineering consulting services, engages in a practice satisfactory to the Joint Board,
and

(ii) in which professional engineers

(A) hold a majority interest, and
(B) control the partnership or corporation,
and that is otherwise entitled to engage in the practice of engineering under this Act;

(d) "proposed engineers and architects firm" means a partnership or corporation

(i) that

(A) proposes to confine its practice to providing engineering consulting services and architectural consulting services, or
(B) if it does not propose to confine its practice to providing engineering consulting services and architectural consulting services, proposes to engage in a practice satisfactory to the Joint Board,
and

(ii) in which professional engineers and registered architects

(A) hold a majority interest, and
(B) control the partnership or corporation,
and that is otherwise entitled to engage in the practice of engineering under this Act or the practice of architecture under the Architects Act.

(2) An application for a certificate of authorization may be made by the following:

(a) a professional engineer;
(b) a registered architect;
(c) an engineers firm;
(d) an architects firm;
(e) a proposed engineers and architects firm;
(f) a partnership or corporation that is not referred to in clause ©, (d) or (e) that the Joint Board considers a suitable applicant for a certificate of authorization.

(3) An applicant under subsection (2) shall

(a) if its prime activity is the provision of engineering consulting services, apply to the Council, and
(b) if its prime activity is the provision of architectural consulting services, apply to the council of the Architects Association.

1981 cE-11.1 s32

Approval by Joint Board
34(1) Every application under section 33 shall be referred to the Joint Board by the council to which it was made, with or without comment from that council.
(2) The Joint Board shall consider with respect to each application referred to it whether

(a) the applicant is eligible to apply under section 33(2);
(b) the applicant has at least one full-time employee who is a professional engineer who shall take responsibility for the engineering work of the applicant and at least one full-time employee who is a registered architect who shall take responsibility for the architectural work of the applicant;
(c) the presence of any ownership interests in the applicant will give rise to conflicts with the professional responsibilities of the firm;
(d) the granting of a certificate of authorization to the applicant will give rise to unauthorized practice or otherwise lead to circumvention of this Act or the Architects Act;
(e) any detriment to the public would result from the applicant becoming entitled to engage in the practice of both engineering and architecture.

(3) After considering an application for a certificate of authorization referred to it, the Joint Board shall recommend

(a) in the case of an application by a registered architect or an architects firm, to the Council,
(b) in the case of an application by a professional engineer or an engineers firm, to the council of the Architects Association, or
(c) in the case of an application by a proposed engineers and architects firm or other applicant, to the Council and to the council of the Architects Association,
whether or not to grant a certificate of authorization, based on the criteria considered by it under subsection (2).

1981 cE-11.1 s33

Registration of joint firm
35(1) On receipt of a recommendation of the Joint Board under section 34, the Council may approve the registration of a proposed engineers and architects firm if that firm is eligible to become registered under the regulations.
(2) When recommendations are made by the Joint Board to both the Council and the council of the Architects Association with respect to an application for a certificate of authorization, both councils must agree that the certificate should be issued and both shall sign the certificate before it is issued.
(3) Subject to subsection (2), an applicant is entitled to be registered as a joint firm when the Council approves its registration.

981 cE-11.1 s34

Duties of joint firm
36(1) A joint firm may engage in the practice of both engineering and architecture in

(a) the names of the individuals who are its partners,
(b) its corporate name, or
(c) any other name that is approved by the Council pursuant to the bylaws.
(2) A joint firm shall advise the Registrar in writing of
(a) the names of the individual shareholders, directors and officers of the firm,
(b) the names of the employees who are professional engineers and registered architects, and
(c) of any change in those shareholders, directors, officers or employees forthwith after the change occurs.

(3) When a joint firm causes plans, drawings, detail drawings and specifications prepared in its practice of engineering, or prepared by other persons and reviewed by the professional members in its practice of engineering, to be signed by its proper officers and affixed with the permit number issued to the firm, it shall also cause them to be signed by and imprinted with the stamp or seal of the professional engineer who

(a) had supervision and control over their preparation, or
(b) reviewed and assumed professional responsibility for them.

1981 cE-11.1 s35;1998 c14 s10

Restricted practitioner
37(1) The Joint Board may recommend to the Council that a certificate of authorization be issued to an individual who is a registered architect who

(a) has historically competently provided a service in the practice of professional engineering in Alberta, and
(b) applied for the certificate before October 1, 1982.

(2) On receipt of a recommendation under subsection (1), the Council may approve the registration of an individual who has applied to the Council and is eligible under the bylaws to become registered as a restricted practitioner.
(3) If the Council approves the registration of an individual as a restricted practitioner, it shall specify in the certificate and in the register the restricted scope of the practice of engineering in which the individual is permitted to engage.

1981 cE-11.1 s36;1983 cD-25.5 s23

Exemption from stamp or seal requirement
38 On the recommendation of the Joint Board, the Council may authorize an individual who is a registered architect under the Architects Act to apply for a permit authorized by the regulations under the Safety Codes Act without the final design drawings and specifications of the building having the stamp or seal of a professional engineer.

1981 cE-11.1 s37;1991 cS-0.5 s70;1995 c14 s16

Cancellation
39(1) The Council may direct the Registrar to cancel the registration of

(a) a professional member, licensee or permit holder who is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or
(b) a permit holder if it no longer has employees in compliance with this Act,
after the expiration of 30 days following the service on the professional member, licensee or permit holder of a written notice by the Council pursuant to subsection (2), unless the professional member, licensee or permit holder on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless

(a) the fees, dues or levies are paid as indicated in that notice, or
(b) evidence satisfactory to the Council has been received by it within the time prescribed in the notice indicating that the permit holder has employees in compliance with this Act.

(3) The Council may direct the Registrar to cancel the registration of a professional member, licensee or permit holder that was entered in error in the register.
(4) If the registration of a professional member or licensee has been cancelled under this section, the professional member or licensee shall forthwith surrender to the Registrar any certificate of registration, licence, stamp or seal issued to the professional member or licensee.
(5) If the registration of a permit holder has been cancelled under this section, the permit holder shall immediately surrender the permit to the Registrar and cease to use the permit number issued to that permit holder.
(6) If a registration has been cancelled pursuant to subsection (1), the Council may direct the Registrar, subject to any conditions that the Council may prescribe, to reinstate that registration in the applicable register and to reissue the certificate of registration, licence or permit and the stamp, seal or permit number.
(7) Notwithstanding subsection (6), if a person whose registration is cancelled applies to be reinstated more than 7 years after the date of the cancellation, the application for reinstatement must be referred to the Board of Examiners.

1981 cE-11.1 s38;1995 c14 s17;1998 c14 s11

Cancellation of a joint firm
40(1) The Council may direct the Registrar to cancel the registration of a joint firm that

(a) is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or
(b) ceases to have at least one professional engineer and at least one registered architect to take the responsibility referred to in section 34(2)(b),
after the expiration of one month following the service on the joint firm of a written notice that the Council intends to cancel the registration, unless the joint firm on which the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless

(a) the fees, dues or levies are paid as indicated in the notice, or
(b) the joint firm has at least one professional engineer and at least one registered architect to take the responsibility referred to in section 34(2)(b).

(3) If the registration of a joint firm has been cancelled under this section, the joint firm shall forthwith surrender to the Registrar the certificate of authorization and the stamp issued to it.
(4) The Council may direct the Registrar, subject to any conditions that the Council may prescribe, to reinstate the joint firm in the applicable register and to reissue the certificate of authorization and the stamp.

1981 cE-11.1 s39

Cancellation of restricted practitioners
41(1) The Council may direct the Registrar to cancel the registration of a restricted practitioner who

(a) is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or
(b) who is not a registered architect in good standing under the Architects Act,
after the expiration of one month following the service on the restricted practitioner of a written notice that the Council intends to cancel the registration, unless the restricted practitioner on whom the notice is served complies with the notice.

(2) The notice under subsection (1) shall state that the Registrar may cancel the registration unless

(a) the fees, dues or levies are paid as indicated in the notice, or
(b) the restricted practitioner is a registered architect in good standing under the Architects Act.

(3) If the registration of a restricted practitioner has been cancelled under this section, the restricted practitioner shall forthwith surrender to the Registrar the certificate of authorization and the stamp issued to it.
(4) The Council may direct the Registrar, subject to any conditions that the Council may prescribe, to reinstate the restricted practitioner in the applicable register and to reissue the certificate of authorization and the stamp.

1981 cE-11.1 s40