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Part 1
Scope of Practice
Exclusive scope of the practice of engineering
2(1) Except as otherwise provided in
this Act, no individual, corporation, partnership
or other entity, except a professional engineer,
a licensee so authorized in the licensee's licence,
a permit holder so authorized in its permit
or a certificate holder so authorized in the
certificate holder's certificate, shall engage
in the practice of engineering.
(2) No individual, corporation, partnership
or other entity, shall engage in both the practice
of engineering and the practice of architecture
as defined in the Architects Act, or hold out
that it is entitled to engage in both the practice
of engineering and the practice of architecture
unless it holds a certificate of authorization
under this Act or the Architects Act permitting
it to do so.
(3) A professional engineer, licensee,
permit holder or joint firm may engage in the
practice of surveying other than land surveying
as defined in the Land Surveyors Act.
(4) Subsection (1) does not apply to
the following:
(a) a person engaged in the execution or supervision
of the construction, maintenance, operation
or inspection of any process, system, work,
structure or building in the capacity of contractor,
superintendent, foreman or inspector or in
any similar capacity, when the process, system,
work, structure or building has been designed
by and the execution or supervision is being
carried out under the supervision and control
of a professional engineer or licensee;
(b) a person engaged in the practice of engineering
as an engineer-in-training or engineering
technologist in the course of being employed
or engaged and supervised and controlled by
a professional engineer, licensee, permit
holder or certificate holder;
(c) a member of a class of persons designated
in the regulations as an engineering technologist
as defined in the regulations;
(d) a person who in accordance with an Act
or regulation in respect of mines, minerals,
pipelines, boilers and pressure vessels, building
codes or safety codes for buildings is engaged
in any undertaking or activity required under
or pursuant to that Act or the regulations
under that Act;
(e) a person who, on the person's own property
and for the person's sole use or the use of
the person's domestic establishment, carries
out any work that does not involve the safety
of the public;
(f) a member of the Canadian Forces while
actually employed on duty with the Forces;
(g) a person engaged or employed by a university
whose practice of the profession consists
exclusively of teaching engineering at the
university.
(5) A restricted practitioner is not
authorized by the operation of subsection (1)
to engage in the practice of engineering beyond
the scope of the practice that is specified
in the register.
(6) Subsection (1) does not apply to
a person if the person engages in
(a) planning, designing or giving advice on
the design of or on the erection, construction
or alteration of or addition to,
(b) preparing plans, drawings, detail drawings,
specifications or graphic representations
for the design of or for the erection, construction
or alteration of or addition to, or
(c) inspecting work or assessing the performance
of work under a contract for the erection,
construction or alteration of or addition
to
a building set out in subsection (7).
(7) The buildings referred to in subsection
(6) are the following:
(a) a building, 3 storeys or less in height,
for assembly occupancy or institutional occupancy
that,
(i) in the case of a single storey building,
has a gross area of 300 square metres or
less,
(ii) in the case of a 2 storey building,
has a gross area of 150 square metres or
less on each floor, or
(iii) in the case of a 3 storey building,
has a gross area of 100 square metres or
less on each floor;
(b) a building for residential occupancy that
(i) is a single family dwelling, or
(ii) is a multiple family dwelling, containing
4 dwelling units or less;
(c) a building, 3 storeys or less in height,
for residential occupancy as a hotel, motel
or similar use that,
(i) in the case of a single storey building,
has a gross area of 400 square metres or
less,
(ii) in the case of a 2 storey building,
has a gross area of 200 square metres or
less on each floor, or
(iii) in the case of a 3 storey building,
has a gross area of 130 square metres or
less on each floor;
(d) a building, 3 storeys or less in height,
for warehouse, business and personal services
occupancy, for mercantile occupancy or for
industrial occupancy that,
(i) in the case of a single storey building,
has a gross area of 500 square metres or
less,
(ii) in the case of a 2 storey building,
has a gross area of 250 square metres or
less on each floor, or
(iii) in the case of a 3 storey building,
has a gross area of 165 square metres or
less on each floor;
(e) a building that is a farm building not
for public use;
(f) a relocatable industrial camp building.
1981 cE-11.1 s2;1984 c17 s3;1991 cS-0.5 s70
Exclusive use of name engineer
3(1) No individual, corporation, partnership
or other entity, except a professional engineer,
licensee or permit holder entitled to engage
in the practice of engineering, shall
(a) use
(i) the title "professional engineer",
the abbreviation "P. Eng." or
any other abbreviation of that title, or
(ii) the word "engineer" in combination
with any other name, title, description,
letter, symbol or abbreviation that represents
expressly or by implication that the individual,
corporation, partnership or other entity
is a professional engineer, licensee or
permit holder,
or
(b) represent or hold out, expressly or by
implication, that the individual, corporation,
partnership or other entity
(i) is entitled to engage in the practice
of engineering, or
(ii) is a professional engineer, licensee
or permit holder.
(2) No individual, corporation, partnership
or other entity, except a professional engineer,
licensee or permit holder entitled to engage
in the practice of engineering, shall affix
the stamp or seal of a professional engineer
or licensee or the permit number of a permit
holder or allow that stamp, seal or permit number
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, seal or permit number is affixed
with the knowledge and consent or in accordance
with the direction of
the professional engineer or licensee to whom
or the permit holder to which the stamp, seal
or permit number was issued.
(3) Notwithstanding subsection (2), a
professional engineer, licensee or permit holder
may affix a stamp, seal or permit number, as
the case may be, to a plan, drawing, detail
drawing, specification, other document or reproduction
prepared by other persons if the professional
engineer, licensee or permit holder completes
a thorough review of and accepts professional
responsibility for that plan, drawing, detail
drawing, specification, other document or reproduction.
1981 cE-11.1 s3;1984 c17 s4;1995 c14 s3;1998
c14 s2
Holding out by joint firm
4 A joint firm
(a) may hold itself out as "engineers
and architects" or "architects and
engineers" only if it has both professional
engineers and registered architects as partners
or shareholders in an arrangement that is
satisfactory to the Council and the council
of The Alberta Association of Architects;
(b) shall not hold itself out as "engineers
and architects" or "architects and
engineers" if the registered architects
or professional engineers are employees only
and not partners or shareholders, or if the
partnership or shareholding arrangement is
not satisfactory to the Council or the council
of The Alberta Association of Architects.
1981 cE-11.1 s4
Exclusive scope of the practice of geology
5(1) Subject to subsection (2), no individual,
corporation, partnership or other entity, except
a professional geologist, a licensee so authorized
in the licensee's licence and a permit holder
so authorized in the permit, shall engage in
the practice of geology.
(2) Subsection (1) does not apply to
the following:
(a) a person engaged in the execution or
supervision of the construction, maintenance,
operation or inspection of any geological
investigation, study, work or instrumentation
in the capacity of contractor, superintendent,
foreman or inspector, or in any similar capacity,
when the investigation, study, work or instrumentation
has been designed by and the execution or
supervision is being carried out under the
supervision and control of a professional
geologist or licensee;
(b) a person engaged in the practice of geology
as a geologist-in-training or geological technologist
in the course of being employed or engaged
and supervised and controlled by a professional
geologist, licensee or permit holder;
(c) a member of a class of persons designated
in the regulations as a geological technologist
as defined in the regulations;
(d) a person who, as a prospector, is engaged
in any activities that are normally associated
with the business of prospecting;
(e) a member of the Canadian Forces while
actually employed on duty with the Forces;
(f) a person engaged or employed by a university
whose practice of the profession consists
exclusively of teaching geology at the university.
1981 cE-11.1 s5;1984 c17 s5
Exclusive use of name geologist
6(1) No individual, corporation, partnership
or other entity, except a professional geologist
or a licensee or permit holder entitled to engage
in the practice of geology, shall
(a) use
(i) the title "professional geologist",
the abbreviation "P. Geol." or
any other abbreviation of that title, or
(ii) the word "geologist" in combination
with any other name, title, description,
letter, symbol or abbreviation that represents
expressly or by implication that the individual,
corporation, partnership or other entity
is a professional geologist, licensee or
permit holder,
or
(b) represent or hold out, expressly or by
implication, that the individual, corporation,
partnership or other entity
(i) is entitled to engage in the practice
of geology, or
(ii) is a professional geologist, licensee
or permit holder.
(2) No individual, corporation, partnership
or other entity, except a professional geologist,
licensee or permit holder entitled to engage
in the practice of geology, shall affix the
stamp or seal of a professional geologist or
licensee or the permit number of a permit holder
or allow that stamp, seal or permit number to
be affixed to a map, geological cross-section,
specification, report or other document or a
reproduction of any of them unless
(a) that map, geological cross-section, specification,
report, other document or reproduction was
prepared by or under the supervision and control
of, and
(b) the stamp, seal or permit number is affixed
with the knowledge and consent or in accordance
with the direction of
the professional geologist or licensee to
whom or the permit holder to which the stamp,
seal or permit number was issued.
(3) Notwithstanding subsection (2), a
professional geologist, licensee or permit holder
may affix a stamp, seal or permit number, as
the case may be, to a map, geological cross-section,
specification, report, other document or reproduction
prepared by other persons if the professional
geologist, licensee or permit holder completes
a thorough review of and accepts professional
responsibility for that map, geological cross-section,
specification, report, other document or reproduction.
1981 cE-11.1 s6;1984 c17 s6;1998 c14 s3
Exclusive scope of the practice of geophysics
7(1) Subject to subsection (2), no individual,
corporation, partnership or other entity, except
a professional geophysicist, a licensee so authorized
in the licensee's licence or a permit holder
so authorized in the permit, shall engage in
the practice of geophysics.
(2) Subsection (1) does not apply to
the following:
(a) a person engaged in the execution or supervision
of the construction, maintenance, operation
or inspection of any geophysical process,
system, work or instrumentation in the capacity
of contractor, superintendent, foreman or
inspector, or in any similar capacity, when
the process, system, work or instrumentation
has been designed by and the execution or
supervision is being carried out under the
supervision and control of a professional
geophysicist or licensee;
(b) a person engaged in the practice of geophysics
as a geophysicist-in-training or geophysical
technologist in the course of being employed
or engaged and supervised and controlled by
a professional geophysicist, licensee or permit
holder;
(c) a member of a class of persons designated
in the regulations as a geophysical technologist
as defined in the regulations;
(d) a person who is engaged in the routine
maintenance of geophysical equipment, or if
carried out under the supervision and control
of a professional geophysicist, the routine
operation, reduction or plotting of geophysical
observations;
(e) a member of the Canadian Forces while
actually employed on duty with the Forces;
(f) a person engaged or employed by a university
whose practice of the profession consists
exclusively of teaching geophysics at the
university.
1981 cE-11.1 s7;1984 c17 s7
Exclusive use of name geophysicist
8(1) No individual, corporation, partnership
or other entity, except a professional geophysicist
or a licensee or permit holder entitled to engage
in the practice of geophysics, shall
(a) use
(i) the title "professional geophysicist",
the abbreviation "P. Geoph." or
any other abbreviation of that title, or
(ii) the word "geophysicist" in
combination with any other name, title,
description, letter, symbol or abbreviation
that represents expressly or by implication
that the individual, corporation, partnership
or other entity is a professional geophysicist,
licensee or permit holder,
or
(b) represent or hold out, expressly or by
implication, that the individual, corporation,
partnership or other entity
(i) is entitled to engage in the practice
of geophysics, or
(ii) is a professional geophysicist, licensee
or permit holder.
(2) No individual, corporation, partnership
or other entity, except a professional geophysicist,
licensee or permit holder entitled to engage
in the practice of geophysics, shall affix the
stamp or seal of a professional geophysicist
or licensee or the permit number of a permit
holder or allow that stamp, seal or permit number
to be affixed to a map, geophysical cross-section,
specification, report or other document or a
reproduction of any of them unless
(a) that map, geophysical cross-section, specification,
report, other document or reproduction was
prepared by or under the supervision and control
of, and
(b) the stamp, seal or permit number is affixed
with the knowledge and consent or in accordance
with the direction of
the professional geophysicist or licensee to
whom or the permit holder to which the stamp,
seal or permit number was issued.
(3) Notwithstanding subsection (2), a
professional geophysicist, licensee or permit
holder may affix a stamp, seal or permit number,
as the case may be, to a map, geophysical cross-section,
specification, report, other document or reproduction
prepared by other persons if the professional
geophysicist, licensee or permit holder completes
a thorough review of and accepts professional
responsibility for that map, geophysical cross-section,
specification, report, other document or reproduction.
1981 cE-11.1 s8;1984 c17 s8;1998 c14 s4
Injunction
9 The Court, on application by the Council
by way of originating notice, may grant an injunction
enjoining any person from doing any act or thing
that contravenes this Part, notwithstanding
any penalty that may be provided by this Act
or the regulations in respect of that act or
thing.
1981 cE-11.1 s9
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