Part 3
Regulations and Bylaws
Regulations
19(1) The Council may make regulations
(a) respecting the establishment of categories
of and conditions respecting the enrolment
of engineers-in-training, geologists-in-training,
geophysicists-in-training, examination candidates
and students;
(b) respecting the academic qualifications
of and experience requirements for applicants
for registration as professional engineers,
geologists or geophysicists;
(c) governing the evaluation by the Council,
the Board of Examiners, the Practice Review
Board, the Appeal Board or a committee established
by any of them of the academic qualifications
of and experience requirements for applicants
for registration to engage in the practice
of engineering, geology or geophysics and
the examination of those applicants with respect
to those qualifications or requirements;
(d) respecting the eligibility of applicants
generally for registration to engage in the
practice of engineering, geology or geophysics;
(e) respecting the powers, duties and functions
of the Practice Review Board, including but
not limited to the referral of matters by
that Board to the Council or the Investigative
Committee and appeals from decisions of that
Board;
(f) respecting the appointment of members
of the Appeal Board, other than the public
member;
(g) prescribing the number of members that
constitutes a quorum of the Council, the Investigative
Committee, the Appeal Board, the Practice
Review Board, the Board of Examiners or the
Discipline Committee;
(h) governing the establishment of boards
or committees of professional members and
respecting the delegation of powers of the
Council to those boards or committees or the
Practice Review Board;
(i) prescribing technical standards for the
practice of the profession;
(j) establishing and providing for the publication
of a code of ethics respecting the practice
of the profession, the maintenance of the
dignity and honour of the profession and the
protection of the public interest;
(k) governing the names under which professional
members, licensees, permit holders and certificate
holders may engage in the practice of the
profession;
(l) governing, subject to this Act, the operation
and proceedings of the Appeal Board, the Board
of Examiners and the Practice Review Board,
the designation of chair and vice-chair, the
appointment of acting members and the procedures
for filling vacancies in the offices of chair
and vice-chair and in the membership of any
of those Boards, and the appointment to any
of those Boards of members by virtue of their
office and prescribing their powers, duties
and functions;
(m) respecting the procedures of the Discipline
Committee, of the Practice Review Board, of
the Investigative Committee and of the Appeal
Board in matters relating to the conduct or
practice of professional members, licensees,
permit holders or certificate holders, whether
or not a complaint has been made;
(n) respecting the establishment by the Council
of a compulsory continuing education program
for professional members and licensees;
(o) governing the publication of a notice
of the suspension or cancellation of the registration
of a professional member, licensee, permit
holder or certificate holder in a form and
manner prescribed by the Council;
(p) respecting committees of inquiry for reinstatement
under Part 5;
(q) for the purposes of sections 2(4), 5(2)
and 7(2), designating a class of persons as
engineering, geological or geophysical technologists;
(r) respecting the titles that may be used
by engineering, geological or geophysical
technologists and the circumstances and the
conditions under which the titles may be used
and prohibiting any other person from using
those titles or from representing or holding
out, expressly or by implication, that the
person is entitled to use the titles;
(s) respecting the academic and other qualifications
and the experience required of a technologist
before the technologist becomes entitled to
use a title referred to in clause;
(t) respecting the establishment of a register
of technologists entitled to use a title referred
to in clause;
(u) governing the establishment of boards
or committees with respect to engineering,
geological or geophysical technologists and
respecting the powers, duties and operations
of those boards or committees;
(v) respecting the circumstances under which
a board or committee established under clause
(u) may suspend or terminate the right of
a technologist to use a title referred to
in clause;
(w) respecting the stamp or seal issued to
an engineering, geological or geophysical
technologist and the circumstances under which
it is to be surrendered by the technologist;
(x) establishing classes or categories of
professional engineers, geologists or geophysicists
and licensees or permit holders and prescribing
the restrictions of practice and the privileges
and obligations of the classes or categories
so established;
(y) respecting the academic and other qualifications
and the experience required of the classes
or categories established under clause (x);
(z) respecting the use of stamps, seals and
permit numbers;
(aa) governing the eligibility for registration
of persons, firms, partnerships and other
entities as permit holders or certificate
holders;
(bb) governing the operation of permit holders
or certificate holders;
(cc) governing the publication of information
with respect to the profession, including
but not limited to the publication of surveys
of fees;
(dd) respecting registration, licensing,
the issuing of permits and certificates,
disciplinary matters and the practice of
engineering, geology and geophysics generally;
(ee) respecting the service on any person
of a document or notice required to be served
under this Act.
(2) The Council shall consult with the Alberta
Society of Engineering Technologists before
making a regulation under subsection (1)(q)
to (w).
(3) A regulation under subsection (1) does not
come into force unless it has been approved
by
(a) a majority of the professional members
(i) present and voting at a general meeting,
or
(ii) voting in a mail vote conducted in
accordance with the bylaws,
and
(b) the Lieutenant Governor in Council.
1981 cE-11.1 s18;1984 c17 s9;1995 c14 s9;
1998 c14 s6;1999 c8 s2
Bylaws
20(1) The Council may make bylaws
(a) for the government of the Association
and the management and conduct of its affairs;
(b) determining the location of the head office
of the Association;
(c) respecting the calling of and conduct
of meetings of the Association and the Council;
(d) respecting the nomination, election, number
and term of office of Council members and
officers of the Association and the appointment
of individuals as members of the Council by
virtue of their office, the Discipline Committee,
the Practice Review Board, the Appeal Board,
the Board of Examiners and any other committee
established by the Council and prescribing
their powers, duties and functions;
(e) prescribing those areas of the professions
of engineering, geology and geophysics from
which members of the Board of Examiners shall
be appointed by the Council;
(f) respecting the appointment, functions,
duties and powers of an Executive Director
of the Association;
(g) respecting the establishment of districts
and branches of the Association and their
operation;
(h) providing for the division of Alberta
into electoral districts and prescribing the
number of Council members to be elected from
each district;
(i) providing for the appointment of a Deputy
Registrar who has all of the powers and can
perform all of the duties of the Registrar
under this Act, the regulations and the bylaws
when the Registrar is absent, or unable to
act or when there is a vacancy in the office
of Registrar;
(j) establishing classes or categories of
membership in the Association in addition
to professional engineers, professional geologists
and professional geophysicists and prescribing
the rights, privileges and obligations of
the classes or categories of membership so
established;
(k) providing for the appointment of acting
members of the Council and procedures for
the election or appointment of professional
members to fill vacancies on the Council;
(l) prescribing the number of professional
members that constitutes a quorum at meetings
of the Association;
(m) governing the establishment, operation
and proceedings of committees, the appointment
of members of committees, the appointment
of acting members and procedures for filling
vacancies on committees and the delegation
of any powers or duties of the Council under
this Act, the regulations or the bylaws to
a committee established by the Council or
under this Act;
(n) prescribing fees and expenses payable
to members of the Association for attending
to the business of the Association;
(o) respecting the establishment and payment
of sums of money for scholarships, fellowships
and any other educational incentive or benefit
program that the Council considers appropriate;
(p) governing the information to be engraved
on stamps and seals issued to professional
members, licensees and restricted practitioners;
(q) respecting permit numbers issued to permit
holders;
(r) respecting the fixing of fees, dues and
levies payable to the Association;
(s) respecting the costs payable by any person
on the conclusion of a hearing or review by
the Practice Review Board or under Part 5;
(t) respecting the establishment, content
and maintenance of registers of professional
members, licensees, permit holders and certificate
holders and of records of other classes or
categories of membership to be kept by the
Registrar;
(u) respecting the removal from the registers
and records of any memorandum or entry made
in them under this Act or the bylaws;
(v) requiring professional members, licensees,
permit holders and certificate holders to
inform the Registrar in writing of their current
mailing addresses and of any change of address
forthwith after the change occurs;
(w) prescribing the form of a certificate
of registration, a licence, a permit, a certificate
of authorization and an annual certificate.
(2) The Council may make bylaws respecting
the holding of mail votes on any matter relating
to the Association, but a bylaw under this subsection
does not come into force unless it is approved
by a majority of professional members of the
Association present and voting at a general
meeting.
(3) A bylaw under subsection (1) does
not come into force unless it is approved by
a majority of the professional members
(a) present and voting at a general meeting,
or
(b) voting by a mail vote conducted in accordance
with the bylaws.
(4) The Regulations Act does not apply to bylaws
of the Association made under this section.
1981 cE-11.1 s19;1995 c14 s10;1998 c14 s7
|