THE EGGP ACT
The engineering, Geological and
Geophysical professions act
Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003
REGULATIONS
Schedule
Definitions
1 (a) "Act" means the Engineering, Geological and Geophysical
Professions Act.
(b) "confirmatory examination" means an examination required by the
Board of Examiners for the purpose of assessing an engineering, geology or geophysics
or related degree held by the applicant and not for a purpose related to the
correction of perceived academic deficiencies.
PART
1
MEMBERSHIP IN THE ASSOCIATION
Division 1
General
Application
2(1) An application for registration must be submitted to the Registrar
and must
(a) be in a form acceptable to the Board of Examiners, and
(b) be fully completed and accompanied by(i) all required supporting documentation, and
(ii) any fees that are prescribed by the Council.
(2) The Registrar shall refer an application to the Board of Examiners if the application meets the requirements of subsection (1) and the Registrar is satisfied that the applicant meets the eligibility requirements for one of the categories of membership in the Association.
Annual fees
3 A person who is entered in a record or register under this Part shall
pay any annual fees that are prescribed by the Council.
Non-payment
4 The Council may direct the Registrar to strike the name of a person
from a record or register if the person fails to pay a prescribed fee.
Registers and records
5 The Registrar shall keep the following records and registers for the
purposes of this Part:
(a) a record of students;
(b) a record of examination candidates;
(c) a record of members-in-training.
Division 2
Students
Eligibility
6 A person who meets the following requirements and applies to the Registrar
for registration is entitled to be enrolled as a student:
(a) the applicant is of good character and reputation;
(b) the applicant(i) is enrolled in a full-time program at a university in Alberta that is recognized by the Board of Examiners as leading to a degree in engineering, geology or geophysics, or
(ii) has at least 2 years of post-secondary education acceptable to the Board of Examiners in areas that relate to the science or technology of engineering, geology or geophysics, together with(A) one year of experience in work of an engineering, geological or geophysical nature acceptable to the Board of Examiners where the post-secondary education consists of an engineering, geological or geophysical technology program recognized by the Board of Examiners, or
(B) 3 years of such work experience, where the post-secondary education consists of education other than such a program.
Striking from record
7 The Council may direct the Registrar to strike the name of a student
from the record of students
(a) if the Council considers that the student has engaged in behaviour that constitutes unprofessional conduct,
(b) if the student ceases to be enrolled in a program referred to in section 6(b)(i), or (c) if, in the opinion of the Board of Examiners, the student fails to make satisfactory progress toward registration as a professional member.
Division 3
Examination Candidates
Eligibility
8 A person who meets the following requirements and applies to the Registrar
for registration is entitled to be admitted as an examination candidate:
(a) the applicant is of good character and reputation;
(b) the applicant is a graduate of(i) a university program in engineering, geology or geophysics, or
(ii) a related academic program that is acceptable to the Board of Examiners,
but the Board of Examiners has required the applicant to complete one or more confirmatory examinations or examinations for the purpose of correcting a perceived academic deficiency.
Striking from record
9(1) The Council may direct the Registrar to strike the name of an examination
candidate from the record of examination candidates
(a) if the Council considers that the examination candidate has engaged in behaviour that constitutes unprofessional conduct, or
(b) if, in the opinion of the Board of Examiners, the examination candidate fails to make satisfactory progress toward registration as a professional member.
(2) A person whose name is struck from the record is no longer eligible to proceed with the writing of examinations.
Division 4
Members-in-Training
Eligibility
10 A person who meets the following requirements and applies to the Registrar
for registration is entitled to be admitted as an engineer-in-training, geologist-in-training
or geophysicist-in-training:
(a) the applicant is
(i) is a graduate of a university program in engineering, geology or geophysics or a related university program that is acceptable to the Board of Examiners, but does not have the work experience required for registration as a professional member, or
(ii) is registered as an examination candidate under section 8(b) and has completed the examinations referred to in that provision, but does not have the work experience required for registration as a professional member.
Time limits
11(1) Subject to subsection (2), no person may remain in the record of
members-in-training for more than 6 years.
(2) The Council may in particular cases extend the period referred to
in subsection (1) to not more than 8 years.
Professionally qualified persons inadmissible
12 No person may be admitted as an engineer-in-training, geologist-in-training
or geophysicist-in-training if at the time of application the person is qualified
to be registered as a professional member or licensee.
Division 5
Professional Members
Eligibility
13(1) A person who meets the following requirements and applies to the
Registrar for registration is entitled to be registered as a professional member:
(a) the applicant is a Canadian citizen or is lawfully admitted to Canada for permanent residence;
(b) the applicant is of good character and reputation;
(c) the applicant has a knowledge of the Act and the regulations under the Act, and general knowledge related to the practice of engineering, geology or geophysics, which has been demonstrated by passing an examination that is prescribed by the Board of Examiners;
(d) the applicant demonstrates to the Board of Examiners that the applicant has a proficiency in the English language that is sufficient to enable the applicant to responsibly practise the profession of engineering, geology or geophysics;
(e) the applicant meets one of the following requirements:(i) the applicant is admitted as a member-in-training and has obtained at least 4 years of experience in work of an engineering, geological or geophysical nature that is acceptable to the Board of Examiners;
(ii) the applicant is enrolled as a student under section 6(b)(ii) and(A) has completed all examinations prescribed by the Board of Examiners, and
(B) has obtained at least 8 years of experience in work of an engineering, geological or geophysical nature that is acceptable to the Board of Examiners, at least one year of which is obtained after completion of the examinations referred to in paragraph (A);(iii) the applicant is admitted as an examination candidate and
(A) has completed the examinations referred to in section 8(b), and
(B) has obtained at least 4 years of experience in work of an engineering, geological or geophysical nature that is acceptable to the Board of Examiners;(iv) the applicant is not in a register or record referred to in subclause (i), (ii) or (iii), but has the combined academic qualifications and experience acceptable to the Board of Examiners that would be required for registration as a professional member had the applicant progressed through one of those registers or records.
(2) Notwithstanding subsection (1), an applicant is entitled to be registered as a professional member if
(a) the applicant is a member in good standing with an institution in another province or country that is in the opinion of the Board of Examiners equivalent to the Association, and
(b) the Board of Examiners is satisfied that it is appropriate to do so.
Division 6
Licensees
Eligibility
14 A person who meets all of the requirements of section 13 for registration
as a professional member, except the requirement set out in section 13(a), is
entitled to be registered as a licensee.
Division 7
Board of Examiners
Board of Examiners - constitution
15(1) The Board of Examiners consists of
(a) an executive committee constituted under subsection (5),
(b) other members, who must be professional members, and who are appointed by
the Council, and
(c) any other persons appointed by the Minister under the Act.
(2) The Board of Examiners shall meet at least twice each year to consider
matters of policy, significant changes in procedure, examination results and
other matters referred to it by its executive committee or the Council.
(3) The executive committee shall meet as is necessary to rule on applications
for registration.
(4) The Council shall designate a person as chair of the Board of Examiners
and that person shall also serve as chair of the executive committee.
(5) The executive committee of the Board consists of
(a) the deans of engineering at universities in Alberta, or persons designated by the deans,
(b) a senior professor, who must be a professional engineer, from each of the major engineering disciplines at universities in Alberta,
(c) a senior professor, who must be a professional geologist, from each of the departments of geology at universities in Alberta,
(d) a senior professor, who must be a professional geophysicist, from each of the departments containing the geophysical discipline at universities in Alberta,
(e) other professional members of the Association equal to the number of members specified in clauses (a) to (d), who are not directly associated with any of the universities and are representative of the disciplines of engineering, geology and geophysics,
(f) the Registrar of the Association or the Registrar's designate,
(g) one member of the public appointed by the Minister in accordance with section 30(2) of the Act, and
(h) 2 registered professional technologists (engineering) or engineering technologists appointed by the Minister under section 91 of the Act.
(6) Where the executive committee sits for the purposes of ruling on
applications for registration, members appointed under subsection (5)(h) may
sit only in respect of applications for registration as a registered professional
technologist (engineering).
(7) The Council shall appoint the persons referred to in subsection (5)(b)
to (e).
(8) The term of appointment for the chair and members of the Board of
Examiners who are appointed by the Council is 3 years, and they may be reappointed.
(9) Where a vacancy occurs in a category of membership referred to in
subsection (5)(a) to (f), the Council shall appoint a professional member to
the position for the unexpired portion of the term.
(10) A quorum for a meeting of the Board of Examiners is ¼ of the
members of the Board.
(11) A quorum for a meeting of the executive committee of the Board of
Examiners is ¼ of the members of the executive committee.
PART
2
CONTINUING PROFESSIONAL DEVELOPMENT PROGRAM
Education program established
16(1) The Council establishes the Continuing Professional Development Program
of the Association as the compulsory continuing education program for professional
members and licensees.
(2) The Practice Review Board shall administer the Continuing Professional Development
Program.
Mandatory compliance
17 A professional member or licensee shall comply with the requirements of the
Continuing Professional Development Program as it applies to that person's practice
of engineering, geology or geophysics, as the case may be.
Exemption
18(1) Notwithstanding section 17, a professional member or licensee who
files with the Association a declaration in writing stating that that person
is not actively engaged in the practice of a profession is exempt from the requirements
of this Part.
(2) An exemption under this section is only effective for one year from
the date the declaration is received by the Association but may be renewed for
additional yearly periods.
(3) A professional member or licensee shall not engage in the practice
of a profession while an exemption under this section is in effect.
(4) A professional member or licensee who has filed a declaration under
subsection (1) must immediately notify the Association in writing if that person
intends to resume the practice of the profession.
(5) The Practice Review Board may require a professional member or licensee
who has notified the Association under subsection (4) to comply with any conditions
that the Board may set prior to allowing that person to resume the practice of
the profession.
Written records
19 A professional member or licensee must
(a) maintain a written record of activities undertaken in accordance with the Continuing Professional Development Program, and
(a) produce the record under clause (a) on the request of the Practice Review Board.
19.1 The Council may direct the Registrar to strike from the register of professional members or licensees the name of a person who fails to comply with a notice that is served on the professional member or licensee and direct the professional member or licensee to comply with section 19 within 30 days after the date of service of the notice.
Proof of compliance
20(1) On the request of the Practice Review Board, a professional member
or licensee must satisfy the Board that that person is complying with the requirements
of the Continuing Professional Development Program.
(2) Where a professional member or licensee fails to satisfy the Practice
Review Board under subsection (1), the Board may
(a) conduct a review of the practice of that person in accordance with the Act and this Regulation, and
(b) at any time during a review recommend to the Investigative Committee that the review be conducted by the Investigative Committee under Part 5 of the Act as if the recommendation were a written complaint.
Constitution
21(1) The Council shall appoint not fewer than 2 professional engineers,
one professional geologist and one professional geophysicist as members of the
Practice Review Board.
(2) The Council shall designate one of the professional members as chair.
(3) The Registrar or the Registrar's designate shall serve as Secretary
to the Practice Review Board.
(4) The chair and professional members must be appointed for a 3-year
term, and may be reappointed.
(5) A quorum of the Practice Review Board is 4 of its members.
(6) Where a vacancy occurs in the Practice Review Board, other than with
respect to the member of the public appointed under section 15(1)(b) of the Act,
the Council shall appoint a professional member to the position for the unexpired
portion of the term.
(7) In appointing professional members to the Practice Review Board under
this section, the Council
(a) shall not appoint a professional member unless the professional member has at least 10 years of experience in the practice of the profession, and
(b) shall appoint professional members so that the membership will represent a combination of academic qualifications and experience such that the Practice Review Board can effectively review and assess registration requirements and procedures and disciplinary procedures in order to ensure the continuing competency of members of the Association, and advise the Council on those matters.
Items considered
22(1) The Practice Review Board shall meet at least twice each year, and
more frequently if the chair considers it necessary, to consider
(a) items referred to the Board by the Council, the Board of Examiners or the Discipline Committee,
(b) reports from the Registrar submitted under subsection (2),
(c) items that have come to the attention of the Board from other sources and that reflect a need to review the procedures of the Association with respect to registration, discipline or maintenance of professional competency, and
(d) any other items that may be considered by the Board pursuant to the Act.
(2) The Registrar shall submit at each regular meeting of the Practice
Review Board a report setting out
(a) the number and nature of appeals and complaints relating to rulings of the
Board of Examiners, and
(b) the number and nature of complaints dealt with under Part 5 of the Act and
the disposition of the complaints, with special emphasis on cases reflecting
on the competency of members of the Association.
Investigation by Practice Review Board
23(1) If the Practice Review Board undertakes a review of the practice
of a professional member, licensee, permit holder or certificate holder, it shall
proceed with the review in accordance with this section.
(2) The Board shall appoint a person to conduct an initial review and
report to the Board with respect to the substance of the conclusions on which
the Board based its decision to commence an investigation.
(3) If, on receipt of the report, the Board decides that further investigation
is not warranted, the Board shall discontinue the review and report its decision
to the Council, along with any recommendations the Board considers appropriate.
(4) If, on receipt of the report, the Board decides that investigation
of a specific practice is necessary, it shall
(a) issue notice of investigation to the professional member, licensee, permit holder or certificate holder if it is of the opinion that the matter to be investigated relates to matters other than to unskilled practice of the profession or unprofessional conduct, and proceed with its investigation in the same manner as provided for in a discipline investigation, or
(b) lodge an appropriate complaint with the Investigative Committee if it is of the opinion that further investigation may lead to a finding of unskilled practice of the profession or unprofessional conduct.
Report to Council
24 Following each meeting, the Practice Review Board shall report through
its chair to the Council and may make any recommendations as to changes in procedures
regarding registration, discipline or maintenance of competency that the Board
considers appropriate.
President and Vice-presidents - election and powers
25(1) The President of the Association must be elected annually by the
professional members of the Association, and holds office until a successor is
elected.
(2) The President shall act as the presiding officer at meetings of the
Council and at meetings of the Association.
(3) The President may vote at meetings of the Council or the Association
only in the event of a tied vote.
(4) The 2 Vice-presidents must be elected annually by the professional
members of the Association and must be designated as First Vice-president and
Second Vice-president on the basis of the number of votes cast for each of them.
(4.1) The First Vice-president is deemed to be the President Elect and
must be the sole nominee for the office of President in the succeeding year.
(5) The First Vice-president or, failing the First Vice-president, the
Second Vice-president, has all the powers of the President during the absence
of the President for any cause.
Election of Council
26(1) The professional members of the Council, other than those mentioned
in section 25, must be elected annually by the professional members of the Association.
(2) The term of the members referred to in subsection (1) is 3 years and
the elections must be conducted so that as close as possible to 1/3 of the positions
come up for election each year.
Vacancy
27(1) Where there is a vacancy in the Council, the remaining members of
the Council shall appoint a professional member to fill the vacancy until the
next regular election.
(2) Where a vacancy is filled at a regular election, the person elected
holds office for the unexpired portion of the term of office of the person being
replaced.
Quorum
28 A quorum for meetings of the Council is
(a) at least one of the President, the 2 Vice-presidents or the immediate Past President, and
(b) 6 other professional members of the Council.
Executive Committee
29(1) There is hereby established an Executive Committee of the Council
consisting of the President, who is the chair, the immediate Past President,
the 2 Vice-presidents and the Executive Director of the Association.
(2) The Executive Committee has the delegated authority and power of the
Council with respect to any decisions or actions necessary between Council meetings.
Other boards, committees and task forces
30(1) In addition to the Discipline Committee, Investigative Committee,
Board of Examiners, Practice Review Board, Appeal Board and Executive Committee,
the Council may appoint any other standing or special committees, task forces
or boards that it considers necessary to serve the interests of the Association,
and shall at the time of the appointment, delegate any authority it considers
necessary for the committees, task forces or boards to perform their function.
(2) Except for the Discipline Committee, Investigative Committee, Board
of Examiners, Practice Review Board, Appeal Board and Executive Committee, the
Council shall determine the terms of reference for all committees, task forces
or boards.
Application and availability
31(1) Professional members, licensees, permit holders, members-in-training,
examination candidates and students shall comply with the Code of Ethics in the
Schedule to this Regulation.
(2) The Association shall publish interpretations of the rules comprising
the Code of Ethics and distribute them to professional members, licensees, permit
holders, members-in-training, examination candidates and students.
(3) The Association shall make the Code
of Ethics available on request to members of the public.
Investigative Committee
32(1) There is hereby established an Investigative Committee consisting
of professional members and registered professional technologists (engineering)
or engineering technologists appointed by the Council and the member of the public
appointed under section 33(1).
(2) The Council shall designate one professional member as the chair of
the Investigative Committee.
(3) The chair or in the absence of the chair a majority of the members
of the Investigative Committee may appoint an acting chair who has all the powers
of the chair in the absence of the chair.
Public member
33(1) The Minister shall appoint one member of the public, from a list
of persons nominated by the Council, to the Investigative Committee.
(2) The Minister may, after consultation with the Council, revoke the
appointment of the member of the public.
(3) The powers, duties and operations of the Investigative Committee are
not affected by
(a) the failure of the Minister to appoint a member of the public,
(b) the revocation of the appointment of the member of the public,
(c) the resignation from the Investigative Committee of the member of the public,
or
(d) the absence of the member of the public from a meeting of the Investigative
Committee.
(4) The Minister may pay to the member of the public appointed to the
Investigative Committee travelling and living expenses incurred by that member
for attendance at meetings of the Investigative Committee away from the member's
usual place of residence and fees in an amount prescribed by the Minister.
Term of office
34(1) The term of office of each member of the Investigative Committee
is 3 years, and members may be reappointed.
(2) Where there is a vacancy in the membership of the Investigative Committee
appointed by the Council, the Council may appoint a person to fill the vacancy
for the unexpired portion of the term.
(3) Where there is a vacancy in the public membership on the Investigative
Committee, the Minister may appoint a person to fill the vacancy for the unexpired
portion of the term.
Quorum
35 A quorum of the Investigative Committee consists of the chair or the
acting chair and the number of professional members and registered professional
technologists (engineering) or engineering technologists determined by the Council.
Discipline Committee
36(1) There is hereby established a Discipline Committee consisting of
professional members appointed by the Council and the member of the public appointed
under section 37(1).
(2) The Council shall designate one professional member as the chair of
the Discipline Committee.
(3) The chair or in the absence of the chair a majority of the members
of the Discipline Committee may appoint an acting chair who has all the powers
of the chair in the absence of the chair.
Public member
37(1) The Minister shall appoint one member of the public, from a list
of persons nominated by the Council, to the Discipline Committee.
(2) The Minister may, after consultation with the Council, revoke the
appointment of the member of the public.
(3) The powers, duties and operations of the Discipline Committee are
not affected by
(a) the failure of the Minister to appoint a member of the public,
(b) the revocation of the appointment of the member of the public,
(c) the resignation from the Discipline Committee of the member of the public, or
(d) the absence of the member of the public from a meeting of the Discipline Committee.
(4) The Minister may pay to the member of the public appointed to the Discipline Committee travelling and living expenses incurred by that member for attendance at meetings of the Discipline Committee away from the member's usual place of residence and fees in an amount prescribed by the Minister.
Term of office
38(1) The term of office of each member of the Discipline Committee is
3 years, and members may be reappointed.
(2) Where there is a vacancy in the professional members on the Discipline
Committee, the Council may appoint a person to fill the vacancy for the unexpired
portion of the term.
(3) Where there is a vacancy in the public membership on the Discipline
Committee, the Minister may appoint a person to fill the vacancy for the unexpired
portion of the term.
Quorum
39 A quorum of the Discipline Committee consists of the chair or the acting
chair and the number of professional members determined by the Council.
Appeal Board
40(1) The Council shall appoint professional members, including one Past
President of the Association, as members of the Appeal Board.
(2) The Council shall designate one professional member as the chair of
the Appeal Board.
(3) The chair or in the absence of the chair a majority of the members
of the Appeal Board may appoint an acting chair who has all the powers of the
chair in the absence of the chair.
Term of office
41(1) The term of office of each member of the Appeal Board appointed under
section 40 is 3 years, and members may be reappointed.
(2) Where there is a vacancy in the membership of the Appeal Board appointed
under section 40, the Council may appoint a professional member to fill the vacancy
for the unexpired portion of the term.
Quorum
42 A quorum of the Appeal Board consists of the chair or the acting chair
and the number of professional members determined by the Council.
Adjournment of investigation if court proceedings commenced
43 A preliminary investigation under Part 5 of the Act may be adjourned if
the complaint that gave rise to the investigation is the subject of proceedings
in the Provincial Court of Alberta or the Court of Queen's Bench of Alberta.
Assistance in conducting preliminary investigation
44 An investigation panel appointed under section 47 of the Act may employ
any technical consultants and legal counsel it considers necessary to conduct
a preliminary investigation.
Panel of the Discipline Committee
45(1) A panel of the Discipline Committee must consist of at least 3 members
of the Discipline Committee who are professional members.
(2) A member of the Discipline Committee who has been designated to act
as a case manager under section 52(2) of the Act in respect of a matter must
not sit as part of the panel of the Discipline Committee that is hearing the
matter under section 53 of the Act.
(3) A panel of the Discipline Committee has all the powers and authority
of the Discipline Committee.
Publication
46 The Discipline Committee or the Appeal Board may direct that reports
of disciplinary investigations be published.
Reinstatement of disciplined individuals
47(1) A professional member or licensee whose registration has been cancelled
or a permit holder whose permit has been revoked under Part 5 of the Act as a
result of the disciplinary proceedings may apply to the Council to be reinstated.
(2) An application under subsection (1) may not be made until at least
one year after the date on which the registration was cancelled or the permit
was revoked, or from the date on which the Court made its order confirming or
varying the decision of the Council.
(3) The Council may establish a Committee of Inquiry to consider the application
for reinstatement and make recommendations to the Council.
(4) The Council may require the former professional member, licensee or
permit holder to demonstrate by means prescribed by the Council that that person
is competent to re-engage in the practice of engineering, geology or geophysics.
(5) Where an application for reinstatement is not approved by the Council,
no further application may be made by the former professional member, licensee
or permit holder until at least one year after the date the Council ruled on
the previous application.
PART
7
REGISTRATION OF PERMIT HOLDERS
Requirements for issue of permit
48(1) The Council may issue to a partnership, corporation or other entity
a permit to practice engineering, geology or geophysics in its own name if
(a) an application is made to the Registrar in the form and containing the information required by the Council,
(b) the application is accompanied with the fees prescribed by the Council,
(c) the Council is satisfied that the practice will be carried on under the direct personal supervision and responsibility of a full-time permanent employee or member of the partnership, corporation or other entity who is also a professional member or licensee and who is qualified by education and experience in the field of engineering, geology or geophysics in which the partnership, corporation or other entity intends to engage, and
(d) the professional member or licensee certifies to the satisfaction of the Council that the partnership, corporation or other entity has in place and will follow a professional management plan that is appropriate to its professional practice.
(2) A permit expires one year after the date on which it is issued.
(3) When the Council issues a permit, it shall provide the permit holder
with a permit number.
(4) No person shall use a permit number where the permit to which the
number is assigned has been cancelled or suspended.
48.1 A professional member or licensee who accepts responsibility under
section 48(1)(c) shall every 5 years attend a permit to practice seminar acceptable
to the Council.
Signing and sealing of documents
49 When the practice of engineering, geology or geophysics is carried
on by a partnership, corporation or other entity pursuant to a permit under section
48, all final plans, specifications, reports or documents of a professional nature
must
(a) be signed by and be stamped or sealed with the stamp or seal of
(i) the professional member or licensee who prepared them or under whose supervision and control they were prepared, or
(ii) in the case of plans, specifications, reports or documents that were prepared by other persons, the professional member or licensee who thoroughly reviewed and accepted professional responsibility for them,
and(b) show the permit number issued to the partnership, corporation or other entity under section 48.
Notification to Association
50(1) A partnership, corporation or other entity practising pursuant to
a permit under section 48 shall keep the Association advised of the name of the
professional member or licensee referred to in that section.
(2) The professional member or licensee referred to in section 48 shall
forthwith advise the Registrar if the professional member or licensee
(a) ceases to be the person accepting responsibility under that section, or
(b) is no longer able to provide the certification referred to in section 48(1)(d).
Revocation of permit
51 The Council may revoke a permit issued under section 48 if the permit
holder contravenes the Act, this Regulation or a term or condition of the permit.
Name of firm
52 No partnership, corporation or other entity may be incorporated or
registered in the Province of Alberta under a name including the words "Engineering", "Geology" or "Geophysics",
or variations of those words, unless it holds and continues to hold a valid permit
issued under section 48.
Use of permit number
53 The permit number issued to a permit holder may only be used by the
professional members or licensees referred to in section 48(1)(c).
53.1 The Council may, subject to any terms and conditions it considers
appropriate, waive compliance with the requirements of sections 48(1)(d) and
48.1.
Use of stamps and seals issued to members
54(1) A stamp or seal issued to a professional member or licensee must
at all times remain under that person's direct control and must be applied by
the professional member or licensee or by a person acting under the professional
member's or licensee's immediate and direct control to all final plans, specifications,
reports or documents of a professional nature
(a) that were prepared by the professional member or licensee or under the professional
member's or licensee's supervision and control, or
(b) that were prepared by another person in circumstances where the professional
member or licensee has thoroughly reviewed them and accepted professional responsibility
for them.
(2) No person shall permit a stamp or seal to be physically located in
a manner that would allow its use by a person other than the professional member
or licensee to whom it was issued.
(3) When a stamp or seal is applied, the professional member or licensee
to whom it was issued shall ensure that the stamp or seal is accompanied with
that person's signature and the date on which the stamp or seal is applied.
(4) A stamp or seal may be applied to the cover page or final page of
reports or documents in a manner that clearly indicates acceptance of professional
responsibility for the reports or documents, without being applied to each page.
(5) A professional member or licensee shall not acquire a stamp or seal
from any source other than the Registrar.
(6) A professional member or licensee shall only use a stamp or seal while
that person is registered pursuant to this Regulation.
(7) Stamps and seals are the property of the Association and a person
in possession of a stamp or seal shall surrender it to the Association on demand.
(8) A professional member or licensee may, with the approval of the Registrar,
apply a computer generated facsimile of the stamp or seal if that person otherwise
meets the requirements of the Act and this Regulation.
Association publications
55 The Association shall issue on a regular basis as directed by the Council
the publications known as The Annual Report and The PEGG for the general information
of members on the affairs of the Association and the professions generally.
Publications on professional services
56 The Association may publish, on an annual basis or as directed by the
Council, for the information of members and the public, conditions of engagement
and surveys of professional fees for particular types of professional engineering,
geological and geophysical services.
Publications on professional services
57 The Association may publish a guide to the selection of professional
engineers, geologists and geophysicists for consulting services to assist clients
in the selection of professionally and legally qualified consultants and consulting
firms.
Publications on professional services
58 The Association may publish guides that define for clients the scope
of professional services to be expected from a consulting engineer, geologist
or geophysicist.
Publications on professional services
59 The Association may issue, on an annual basis or as directed by the
Council, publications for the purpose of promoting high standards of professional
services and adequate remuneration for those services, and the maintenance and
improvement of the competency of members.
Membership register
60 The Association may publish from time to time as directed by the Council,
a register, in a format directed by the Council, of professional members, licensees,
permit holders, joint firms and restricted practitioners.
Service of notices
61(1)If notice is required to be given to a person under the Act, this
Regulation or the bylaws, the notice is sufficiently given if it is served personally
or sent by prepaid mail to the person at the latest address provided to the Registrar
by the person.
(2) If notice is served by mail in accordance with subsection (1), unless
the contrary is proved, the service is presumed to be effected
(a) 7 days from the date of mailing if the document is mailed to an address in Alberta, or
(b) 14 days from the date of mailing if the document is mailed to an address outside Alberta.
Enforcement Review Committee
62(1) There is hereby established an Enforcement Review Committee consisting
of not fewer than 9 professional members appointed by the Council.
(2) The Council shall designate one member of the Committee as the chair.
(3) A member of the Committee may be appointed for a term of not more
than 3 years and may be reappointed.
(4) A quorum of the Committee is the chair and 3 of its members.
(5) The chair may designate a member of the Committee as vice-chair, and
the vice-chair may exercise all the powers of the chair in the absence of the
chair.
(6) The Council may delegate to the Committee matters respecting the enforcement
of compliance with Part 1 of the Act and this Regulation, subject to the directions
of the Council.
Definitions
63 In this Part,
(a) "registered engineering technologist" means a person registered as a registered engineering technologist under this Part;
(b) "Society" means the Alberta Society of Engineering Technologists.
Use of title and stamp or seal
64(1) For the purposes of section 2(4)(c) of the Act, an engineering technologist
is a person
(a) who engages in the practice of engineering,
(b) for whose engineering practice a professional engineer accepts responsibility,
(c) whose engineering practice is subject to the supervision and controls that
the professional engineer considers appropriate in the circumstances, and
(d) who is registered as a registered engineering technologist under this Part.
(2) No person except a registered engineering technologist shall use the
title "registered engineering technologist", the initials "R.E.T." or
any other abbreviation of that title in combination with any other name, title,
description, letter, symbol or abbreviation that represents expressly or by implication
that the person is entitled to practise as a registered engineering technologist.
(3) No person except a registered engineering technologist shall affix
the stamp or seal of a registered engineering technologist or permit that stamp
or seal to be affixed to a plan, drawing, detail drawing, specification or other
document or a reproduction of any of them unless
(a) that plan, drawing, detail drawing, specification or other document was prepared by, and
(b) the stamp or seal is affixed with the knowledge and consent or in accordance with the direction of the registered engineering technologist to whom the stamp or seal was issued.
Joint Registration Board
65(1) There is hereby established a Joint Registration Board consisting
of 5 members appointed by the Council and 5 members appointed by the Society.
(2) The members of the Board shall select a chair from among themselves,
who shall serve as chair for a term of not more than one year.
(3) In selecting a chair the members of the Board shall alternate between
Council appointees and Society appointees.
(4) The chair may designate a member of the Board as vice-chair, and the
vice-chair may exercise all the powers of the chair in the absence of the chair.
(5) A quorum of the Board consists of the chair or the vice-chair, 2 appointees
of the Council and 2 appointees of the Society.
(6) The Board shall meet at least once every 6 months.
Registration of engineering technologists
66(1) An individual may apply to the Joint Registration Board to be registered
as a registered engineering technologist.
(2) An application under subsection (1) must be in the form approved by
the Joint Registration Board.
(3) Subject to subsection (1), an applicant who
(a) is a member in good standing of the Society and is registered with the Society as a certified engineering technologist,
(b) has at least 4 years of experience satisfactory to the Joint Registration Board in the practice of engineering technology,
(c) holds a confirmed diploma in Engineering Technology from a post-secondary education institution that offers a program approved by the Joint Registration Board or has equivalent academic qualifications satisfactory to the Board,
(d) has general knowledge of the practice of engineering technology demonstrated by passing an examination or examinations set by the Joint Registration Board, and
(e) satisfies the Joint Registration Board that the applicant is of good character and reputation
is entitled to be registered as a registered engineering technologist.
(4) On considering an application, the Joint Registration Board may
(a) approve the registration,
(b) refuse the registration, or
(c) defer the approval of the registration until the applicant(i) passes an examination approved by the Board,
(ii) obtains further experience prescribed by the Board, or
(iii) passes an examination approved by the Board and obtains further experience prescribed by the Board.
(5) The Joint Registration Board shall send written notice of any decision
made by it under this section to the applicant.
(6) If the decision made by the Joint Registration Board is to refuse
or defer registration of the applicant, the Board shall send written reasons
for the decision to the applicant.
Appeals of Board decisions
67(1) If the Joint Registration Board
(a) defers an application for an aggregate period in excess of one year from the date the application was submitted, or
(b) refuses to approve an application,
the applicant may appeal the decision of the Board by filing a written notice of appeal with the Joint Appeal Board not later than 30 days after receiving notice of the decision of the Joint Registration Board
(2) The written notice of appeal must include the reasons for the appeal.(3) On considering an appeal, the Joint Appeal Board may
(a) approve the registration,
(b) refuse the registration,
(c) defer the approval of the registration until it is satisfied that the applicant has complied with section 66,
(d) require the applicant to pass an examination approved by the Joint Appeal Board,
(e) require the applicant to obtain further experience prescribed by the Joint Appeal Board, or
(f) require the applicant to pass an examination approved by the Joint Appeal Board and obtain further experience prescribed by the Joint Appeal Board.
Joint Appeal Board
68(1) There is hereby established a Joint Appeal Board consisting of the
following members:
(a) 2 members appointed by the Council;
(b) 2 members appointed by the Society;
(c) one member, who shall be the chair, who is not a member of the Association or of the Society and who is appointed jointly by the Council and the Society.
(2) The Members of the Board shall select from among themselves a vice-chair,
and the vice-chair may exercise all the powers of the chair in the absence of
the chair.
(3) A quorum of the Board consists of the chair or the vice-chair, one
member of the Board appointed by the Council and one member of the Board appointed
by the Society.
Cancellation and suspension
69(1) The Joint Registration Board may cancel the registration of a registered
engineering technologist whose registration was made in error.
(2) If the Joint Registration Board is satisfied that a registered engineering
technologist is no longer a member in good standing of the Society or registered
with the Society as a certified engineering technologist, the Board may
(a) cancel the registration of the registered engineering technologist, or
(b) suspend the registration of the registered engineering technologist until the Board is satisfied that the registered engineering technologist has been reinstated in the Society as a member in good standing and as a certified engineering technologist.
Certificates and stamps or seal
70(1) The Society shall issue a certificate of registration to a person
whose application to be registered as a registered engineering technologist has
been approved by the Joint Registration Board or the Joint Appeal Board.
(2) On application by a registered engineering technologist, the Society
shall issue a stamp or seal in a form approved by the Council and the Society
to the registered engineering technologist.
(3) A registered engineering technologist shall apply the stamp or seal
to a plan, specification or report only if
(a) the plan, specification or report was prepared by the technologist or under the technologist's supervision,
(b) a professional engineer accepts responsibility for the plan, specification or report,
(c) the preparation of the plan, specification or report was subject to any supervision and controls the professional engineer considered appropriate in the circumstances, and
(d) the professional engineer has affixed the professional engineer's professional stamp or seal to the plan, specification or report.
List of registered engineering technologists
71 The Society shall maintain and, during regular office hours, permit
any person to inspect a list of registered engineering technologists in good
standing.
Surrender of stamps and certificates
72 A registered engineering technologist whose registration has been suspended
or cancelled shall forthwith on being notified of the suspension or cancellation
surrender to the Society the certificate of registration and the stamp or seal
issued to the technologist.
PART
10
REGISTERED PROFESSIONAL TECHNOLOGISTS
Register
73 The Registrar shall keep
(a) a register of registered professional technologists (engineering), and
(b) a register for each of registered professional technologists (geological)
and registered professional technologists (geophysical) as required under the
Registered Professional Technologist (Geological) and Registered Professional
Technologist (Geophysical) Regulation.
Application
74(1) An application for registration as a registered professional technologist
must be submitted to the Registrar and must
(a) be in a form acceptable to the Board of Examiners, and
(b) be fully completed and accompanied by(i) all required supporting documentation, and
(ii) any fees that are prescribed by the Council.
(2) The Registrar shall refer an application for registration as a registered
professional technologist (engineering) to the Board of Examiners if the application
meets the requirements of subsection (1) and the Registrar is satisfied that
the applicant meets the eligibility requirements for registration set out in
section 77.
(3) The Registrar shall refer an application for registration as a registered
professional technologist (geological) or a registered professional technologist
(geophysical) to the Board of Examiners if the applicant meets the requirements
of subsection (1) and the Registrar is satisfied that the applicant meets the
eligibility requirements for registration set out in the Registered Professional
Technologist (Geological) and Registered Professional Technologist (Geophysical)
Regulation.
Annual fees
75 A person who is entered in a register of registered professional technologists
shall pay any annual fees that are prescribed by the Council.
Non-payment
76 The Council may direct the Registrar to strike the name of a person
from a register of registered professional technologists if the person fails
to pay a prescribed fee.
Eligibility
77 A person who meets the following requirements and applies to the Registrar
for registration is entitled to be registered as a registered professional technologist
(engineering):
(a) the applicant is of good character and reputation;
(b) the applicant is a registered engineering technologist within the meaning
of section 63(a) and has been nominated for registration as a registered professional
technologist (engineering) by the Alberta Society of Engineering Technologists;
(c) the applicant has a knowledge of the Act and the regulations under the Act,
and general knowledge related to the practice of engineering which has been demonstrated
by passing an examination for those purposes that is prescribed by the Board
of Examiners;
(d) the applicant demonstrates to the Board of Examiners that the applicant has
a proficiency in the English language that is sufficient to enable the applicant
to responsibly practise the profession of engineering;
(e) the applicant has obtained at least 6 years of experience in work of an engineering
nature that is acceptable to the Board of Examiners, at least 2 of which are
in the applicant's specific area of professional practice and were completed
under the supervision and control of a professional member.
Application of regulations
78 Sections 16, 17, 18, 19, 20, 22, 23, 31, 47, 48, 48.1, 49, 50, 51, 53, 54,
59, 60 and the Schedule apply in respect of registered professional technologists
as if they were professional members.
Repeal
79 The General Regulation (AR 244/81) is repealed.
APPENDIX
ENGINEERING, GEOLOGICAL AND GEOPHYSICAL PROFESSIONS ACT
REGISTERED PROFESSIONAL TECHNOLOGIST (GEOLOGICAL) AND REGISTERED PROFESSIONAL TECHNOLOGIST (GEOPHYSICAL) REGULATION
Table of Contents
1 Scope of practice
2 Use of title
3 Stamp or seal
4 Non-application of Act
5 Registers
6 Eligibility for registration
7 Application for registration
8 Evidence of registration
9 Council regulations and bylaws
10 Application of Act
11 Practice prohibitions
Scope of practice
1 No registered professional technologist (geological) shall engage in the practice
of geology and no registered professional technologist (geophysical) shall engage
in the practice of geophysics, except within the scope of practice specified
by the Board of Examiners.
Use of title
2(1) No individual, corporation, partnership or other entity
(a) except a registered professional technologist (geological) shall use the title "registered professional technologist (geological)", the abbreviation "R.P.T. (geological)" or any other abbreviation of that title;
(b) except a registered professional technologist (geophysical) shall use the title "registered professional technologist (geophysical)", the abbreviation "R.P.T. (geophysical)" or any other abbreviation of that title.
(2) No individual, corporation, partnership or other entity, except a registered professional technologist (geological) or a registered professional technologist (geophysical) shall represent or hold out, expressly or by implication, that the person is a registered professional technologist (geological) or registered professional technologist (geophysical), as the case may be.
Stamp or seal
3(1) No individual, corporation, partnership or other entity, except a
registered professional technologist (geological) or registered professional
technologist (geophysical), shall affix the stamp or seal of a registered professional
technologist (geological) or registered professional technologist (geophysical)
or allow that stamp or seal to be affixed to a plan, drawing, detail drawing,
specification or other document or a reproduction of any of them unless
(a) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the supervision and control of, and
(b) the stamp or seal is affixed with the knowledge and consent or in accordance with the direction of the registered professional technologist (geological) or registered professional technologist (geophysical) to whom the stamp or seal was issued.
(2) Notwithstanding subsection (1), a registered professional technologist (geological) or registered professional technologist (geophysical) may affix a stamp or seal to a plan, drawing, detail drawing, specification, other document or reproduction prepared by other persons if the registered professional technologist (geological) or registered professional technologist (geophysical) completes a thorough review of and accepts professional responsibility for that plan, drawing, detail drawing, specification, other document or reproduction.
Non-application of Act
4(1) Sections 5(1) and 6(1)(b)(i) of the Act do not apply to a registered
professional technologist (geological) engaged in the practice of geology within
the scope of practice specified by the Board of Examiners.
(2) Sections 7(1) and 8(1)(b)(i) of the Act do not apply to a registered
professional technologist (geophysical) engaged in the practice of geophysics
within the scope of practice specified by the Board of Examiners.
Registers
5(1) The Registrar shall maintain, in accordance with the bylaws and subject
to the direction of the Council,
(a) a register for registered professional technologists (geological), and
(b) a register for registered professional technologists (geophysical).
(2) The Registrar shall enter in the appropriate register the name of a person who has paid the fee prescribed under the bylaws, and whose registration to engage in the practice of geology as a registered professional technologist (geological) or in the practice of geophysics as a registered professional technologist (geophysical) has been approved by the Board of Examiners.
Eligibility for registration
6 A person who meets the following requirements and applies to the Registrar
for registration is entitled to be registered as a registered professional technologist
(geological) or registered professional technologist (geophysical), as the case
may be:
(a) the applicant is of good character and reputation;
(b) the applicant has a knowledge of the Act and the regulations under the Act, and general knowledge related to the practice of geology or geophysics which has been demonstrated by passing an examination for those purposes that is prescribed by the Board of Examiners;
(c) the applicant demonstrates to the Board of Examiners that the applicant has a proficiency in the English language that is sufficient to enable the applicant to responsibly practice the profession of geology or geophysics;
(d) the applicant has at least 2 years of post-secondary education acceptable to the Board of Examiners in areas that relate to the science or technology of geology or geophysics;
(e) the applicant has obtained at least 6 years of experience in work of a geological or geophysical nature that is acceptable to the Board of Examiners, at least 2 years of which are in the applicant's specific area of professional practice and were completed under the supervision and control of a professional member.
Application for registration
7(1) The Board of Examiners shall consider applications for the registration
of applicants as registered professional technologists (geological) or registered
professional technologists (geophysical) in accordance with the Act, 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.
(2) The Board of Examiners may, at 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.
(3) If the Board of Examiners approves the registration of an individual as a registered professional technologist (geological) or a registered professional technologist (geophysical), it shall specify in the certificate and in the register the scope of practice of geology or geophysics in which the individual is permitted to engage.
Evidence of registration
8 On entering the name of a registered professional technologist (geological)
or registered professional technologist (geophysical) in the appropriate register,
the Registrar shall issue to that individual
(a) a certificate of registration to engage in the practice of geology or geophysics within the scope of practice specified by the Board of Examiners, and
(b) a stamp or seal engraved as prescribed in the bylaws.
Council regulations and bylaws
9(1) The Council may make regulations or bylaws to apply to registered professional
technologists (geological) and registered professional technologists (geophysical)
in respect of any of the matters under sections 19 and 20 of the Act.
(2) Fees fixed in the bylaws in respect of registered professional technologists
(geological) and registered professional technologists (geophysical) must not
be greater than the corresponding fees fixed in respect of professional members.
Application of Act
10(1) Sections 16, 17, 26, 27, 28, 29, 31, 39, 78, 79, 80(2), 81 and 82(2)
of the Act apply to registered professional technologists (geological) and registered
professional technologists (geophysical) as if they were professional members.
(2) Section 5(2)(a) of the Act applies to registered professional technologists
(geological) practising within the scope of practice specified by the Board of
Examiners as if they were professional geologists or licensees.
(3) Section 7(2)(a) of the Act applies to registered professional technologists
(geophysical) practising within the scope of practice specified by the Board
of Examiners as if they were professional geophysicists or licensees.
(4) Section 32 of the Act applies to registered professional technologists
(geological) and registered professional technologists (geophysical) as if they
were applicants.
(5) Part 5 of the Act applies to registered professional technologists
(geological) and registered professional technologists (geophysical) as if they
were professional members.
Practice prohibitions
11(1) A person whose registration as a registered professional technologist
(geological) or registered professional technologist (geophysical) is cancelled
or suspended under the Act shall not, without the consent of the Council, engage
in the practice of geology or geophysics, as the case may be, or directly or
indirectly associate in the practice of geology or geophysics, as the case may
be, with any professional member, registered professional technologist, licensee,
permit holder or certificate holder.
(2) No registered professional technologist (geological) or registered
professional technologist (geophysical) shall, except with the consent of the
Council, associate in the practice of geology or geophysics, as the case may
be, directly or indirectly with or employ in connection with the registered professional
technologist's (geological) or registered professional technologist's (geophysical)
practice a person whose registration has been cancelled or suspended under the
Act.
(3) Notwithstanding subsections (1) and (2), a geological technologist
or geophysical technologist may continue to engage in the practice of geology
or geophysics in accordance with the Act and the regulations if that technologist's
registration as a registered professional technologist (geological) or registered
professional technologist (geophysical) is cancelled or suspended under the Act