| 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.
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| 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.
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| 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.
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| Quorum
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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. |
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| 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.
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| 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
- 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.
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| 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.
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| Quorum
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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. |
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| 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.
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Term of
office
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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.
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| Quorum
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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. |
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| 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. |
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| Assistance
in conducting preliminary investigation |
44 An investigation
panel appointed under section 45 of the Act may employ any technical
consultants and legal counsel it considers necessary to conduct
a preliminary investigation. |
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| 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 49.1(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 50 of the Act.
(3) A panel of the Discipline
Committee has all the powers and authority of the Discipline Committee.
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| Publication
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46 The
Discipline Committee or the Appeal Board may direct that reports
of disciplinary investigations be published. |
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| 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.
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General
Regulations AR 150/99
