Part 2
Association

Association of Professional Engineers, Geologists and Geophysicists

10(1) The Association of Professional Engineers, Geologists and Geophysicists of Alberta shall be continued as a corporation.
(2) The abbreviated form of the name of the Association shall be A.P.E.G.G.A. or APEGGA.
(3) No person other than the Association shall use the abbreviated form of the name of the Association or any other abbreviation alone or in combination with any other word or name in a way that represents expressly or by implication that the person is a member of or connected in any way with the Association.

1981 cE-11.1 s10

Powers of the Association
11 In addition to the powers vested in it by this and any other Act, the Association has the power to

(a) acquire and hold real property and sell, lease or otherwise dispose of it, and
(b) borrow money for the purposes of the Association and mortgage or charge real or personal property of the Association or its sources of funds as security.

1981 cE-11.1 s11

Council
12(1) There is hereby established a governing body of the Association called the Council.
(2) The Council shall manage and conduct the business and affairs of the Association and exercise the powers of the Association in the name of and on behalf of the Association.
(3) The Council shall submit annually to the Minister in a form satisfactory to the Minister a report on those matters of the business and affairs of the Association that the Minister requires.
(4) The Minister shall, on receipt of the annual report of the Association, lay it before the Legislative Assembly if it is then sitting, and if it is not then sitting, within 15 days after the commencement of the next sitting.

1981 cE-11.1 s12

Registrar

13 The Council shall appoint a Registrar for the purposes of this Act.

1981 cE-11.1 s13

Council members
14(1) Subject to subsection (2), the Council shall include the president, 2 vice-presidents, the immediate past-president and at least 12 other professional members, the number of which shall be prescribed by the bylaws, each of whom shall be elected by the professional members at the time, in the manner and for the period provided for in the bylaws.
(2) The Council shall consist of

(a) at least 16 professional members among whom there shall be not less than

(i) 2 professional engineers,
(ii) 2 professional geologists, and
(iii) one professional geophysicist, and

(b) when the total number of elected professional members does not exceed 20, 3 members of the public, who shall be appointed by the Minister, after consultation with the Association, for a 3-year term of office.

(3) For each 10 elected professional members by which the membership of the Council exceeds 20, an additional member of the public shall be appointed by the Minister, after consultation with the Association, for a 3-year term of office.
(4) A member of the Council appointed under subsection (2)(b) continues to hold office after the expiry of the member's term of office until the member is reappointed or the member's successor is appointed.
(5) The Minister may, after consultation with the Council, revoke the appointment of a member of the Council made under subsection (2)(b).
(6) The Minister may pay to a member of the Council appointed under subsection (2)(b) travelling and living expenses incurred by that member for the member's attendance at any meeting of the Council while away from the member's usual place of residence and fees in an amount prescribed by the Minister.
(7) The powers, duties and operations of the Council under this Act, the regulations and the bylaws are not affected by

(a) the fact that no member of the public is appointed as a member of the Council pursuant to subsection (2)(b),
(b) the revocation under subsection (5) of the appointment of a member of the public, or
(c) the resignation from the Council of a member of the public.

(8) The failure of a member of the public appointed under subsection (2)(b) to attend a meeting of the Council shall not be construed to affect or restrict the Council from exercising at that meeting any powers or performing any duties under this Act, the regulations or the bylaws.

1981 cE-11.1 s14;1995 c14 s4

Practice Review Board
15(1) There is hereby established a board called the Practice Review Board consisting of not less than 5 members as follows:

(a) the Council shall appoint not less than 4 professional members who have a combination of knowledge and experience suitable for determining the academic qualifications and experience necessary for a person to continue to engage in the practice of the profession of engineering, geology or geophysics;
(b) the Minister shall appoint one member of the public nominated by the Council.

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make a nomination for the purposes of subsection (1)(b), the Minister may appoint a member of the public to the Practice Review Board without the Council's nomination.
(3) The Minister may pay to the member of the Board appointed under subsection (1)(b) travelling and living expenses incurred by that member for the member's attendance at a hearing of the Board while away from the member's usual place of residence and fees in an amount prescribed by the Minister.
(4) The Minister may, after consultation with the Council, revoke the appointment under subsection

(1)(b) of a member of the public.

(5) The powers, duties and operations of the Board under this Act, the regulations and the bylaws are not affected by

(a) the fact that no member of the public is appointed as a member of the Board pursuant to subsection

(1)(b),
(b) the revocation under subsection (4) of the appointment of a member of the public, or
(c) the resignation as a member of the Board of a member of the public.

(6) The failure of a member of the public appointed under subsection (1)(b) to attend a meeting of the Board shall not be construed to affect or restrict the Board from exercising at that meeting any powers or performing any duties under this Act, the regulations or the bylaws.

RSA 2000 cE-11 s15;2001 c10 s3

Powers of the Practice Review Board

16(1) The Practice Review Board

(a) shall, on its own initiative or at the request of the Council, inquire into

(i) the assessment of existing and the development of new educational standards and experience requirements that are conditions precedent to obtaining and continuing registration under this Act,
(ii) the evaluation of desirable standards of competence of professional members, licensees, permit holders and certificate holders generally,
(iii) the practice of the profession by professional members, licensees, permit holders or certificate holders generally, and
(iv) any other matter that the Council from time to time considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of the profession under this Act and the regulations, and

(b) may conduct a review of the practice of a professional member, licensee, permit holder or certificate holder in accordance with this Act and the regulations.

(2) The Board shall report to and advise the Council with respect to any matter dealt with by it pursuant to subsection (1).
(3) A person requested to appear at an inquiry under this section by the Board is entitled to be represented by counsel.
(4) The Board may, after a review under this section with respect to an individual practitioner, make any order that the Discipline Committee may make under section 63 or 64.
(5) The provisions of Part 5 with respect to an investigation by the Investigative Committee apply to a review of an individual practitioner by the Practice Review Board.
(6) The Board may at any time during an inquiry or review under this section recommend to the Investigative Committee that the inquiry or review be conducted by the Investigative Committee pursuant to Part 5.
(7) On receiving a recommendation under subsection (6), the Investigative Committee may proceed with an investigation under Part 5 as if the recommendation were a written complaint.
(8) After each inquiry under this section, the Board shall make a written report to the Council on the inquiry and may make any recommendations to the Council that the Board considers appropriate in connection with the matter inquired into, with reasons for the recommendations.
(9) The Council may, if it considers it to be in the public interest to do so, direct that the whole or any portion of an inquiry by the Board under this section shall be held in camera.

1981 cE-11.1 s16;1995 c14 s6;1998 c14 s5

Appeal to Appeal Board

17 A professional member, licensee, permit holder or certificate holder who is the subject of a hearing or a review by the Practice Review Board may appeal any decision or order of the Board to the Appeal Board as if it were a decision or order of the Discipline Committee under Part 5.

1981 cE-11.1 s17;1995 c14 s7

Appeal Board

18(1) There is hereby established an Appeal Board consisting of

(a) the professional members appointed by the Council in accordance with the regulations, and
(b) one member of the public appointed by the Minister, after consultation with the Association, for a 3-year term of office.

(2) A member of the Appeal Board appointed under subsection (1)(b) continues to hold office after the expiry of the member's term of office until the member is reappointed or the member's successor is appointed.
(3) The Minister may, after consultation with the Appeal Board, revoke the appointment of a member of the Appeal Board made under subsection (1)(b).
(4) The Minister may pay to a member of the Appeal Board appointed under subsection (1)(b) travelling and living expenses incurred by that member for the member's attendance at any meeting of the Appeal Board while away from the member's usual place of residence and fees in an amount prescribed by the Minister.
(5) The powers, duties and operations of the Appeal Board under this Act, the regulations and the bylaws are not affected by

(a) the fact that no member of the public is appointed as a member of the Appeal Board pursuant to subsection (1)(b),
(b) the revocation of the appointment of a member of the public, or
(c) the resignation from the Appeal Board of a member of the public.
(6) The failure of a member of the public appointed pursuant to subsection (1)(b) to attend a meeting of the Appeal Board shall not be construed to affect or restrict the Appeal Board from exercising any powers or performing any duties under this Act, the regulations or the bylaws at that meeting.

1995 c14 s8