THE EGGP ACT
The engineering, Geological and Geophysical professions act
Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003
part 9
prohibitions and penalties
Practice prohibitions
97(1) A person whose registration as a professional engineer, professional
geologist, professional geophysicist, licensee, permit holder or certificate
holder is cancelled or suspended under this Act shall not, without the consent
of the Council, engage in the practice of engineering, geology or geophysics,
as the case may be, or directly or indirectly associate the person or itself
in the practice of engineering, geology or geophysics with any other professional
member, licensee, permit holder or certificate holder.
(2) No professional engineer, professional geologist, professional geophysicist,
licensee, permit holder or certificate holder shall, except with the consent
of the Council, associate in the practice of engineering, geology or geophysics,
as the case may be, directly or indirectly with or employ in connection with
that practice a person whose registration has been cancelled or suspended under
this Act.
(3) The Council may permit a professional member, licensee, permit holder
or certificate holder to employ in connection with the person's practice a person
whose registration has been cancelled or suspended under this Act, but the employment
shall be in the capacity and subject to the terms and conditions that are prescribed
by the Council.
1981 cE-11.1 s80
Penalties
98(1) Every person and every member, officer, employee or agent of a firm,
partnership or other association of persons and of a corporation who contravenes
Part 1, section 29(2)(b), section 39(4), section 84, 85 or 86, this Part or a
regulation made under section 19(1) or 96(b) is guilty of an offence and liable
(a) for the first offence, to a fine of not more than $2000,
(b) for the 2nd offence, to a fine of not more than $4000, and
(c) for the 3rd and each subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.
(2) If a person or a member, officer, employee or agent of a firm, partnership
or other association of persons or of a corporation is found guilty of an offence
in respect of a regulation made under section 19(1), the court may, in addition
to or instead of imposing any other penalty, order the person, member, officer,
employee or agent to comply with the regulations made under section 19(1).
(3) A prosecution under this section may be commenced within 2 years after
the commission of the alleged offence, but not afterwards.
1981 cE-11.1 s81;1984 c17 s30;1999 c8 s4
Onus of proof
99 In a prosecution under this Act, the burden of proving that a person
is a professional engineer, professional geologist, professional geophysicist,
registered professional technologist (engineering), licensee, permit holder or
certificate holder is on the accused.
1981 cE-11.1 s82;1999 c8 s5
Name change
100 If the name of the Alberta Society of Engineering Technologists is changed
after April 29, 1999, the reference to the Alberta Society of Engineering Technologists
is to be construed as a reference to the Alberta Society of Engineering Technologists
by its new name.
1999 c8 s6