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.
PART
3
PRACTICE REVIEW BOARD
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.
PART
4
COUNCIL
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.
PART
5
CODE OF ETHICS
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.
PART
6
DISCIPLINE
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.
PART
8
GENERAL
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.
PART
9
TECHNOLOGISTS
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.
PART
11
REPEAL AND EXPIRY
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.
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