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