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SUBJECT-Title Violation Problem
The outcome of an Alberta Court of Appeal Decision in the
case of APEGGA vs. Raymond Merhej was verbally reported
to the Council in November 2003. The Court of Appeal upheld
a Court of Queen’s Bench decision not to grant an
injunction to APEGGA. The requested injunction would have
restricted Mr. Merhej from using the title “system
engineer” or “system engineer representative”,
in violation of Section 3 of the Act. The details of this
case were reported in the Enforcement Review Committee’s
Report to Council. A letter from the Council’s Public
Members has been written to the Minister requesting that
this inability to enforce the legislation be addressed.
Motion 03-046 of the approved minutes of the November Council
reads:
“THAT an amendment to the EGGP Act be drafted that
will clarify the right-to-title of the protected titles and
APEGGA’s legal authority to protect such titles.”
The Act, Regulations and Bylaws Committee considered the
case, the recommendations of the APEGGA legal counsel and
the Enforcement Review Committee on this matter. The ARB
also reviewed the reserved title provisions of the Quebec
Statute which state:
“Any person not a member in good standing of the Order
who…..assumes the title of engineer alone or qualified,
or makes use of any abbreviation of such
title, or of any name, title or designation which might
lead to the belief that he is an engineer or a member of
the Order……..is guilty of an offence and is liable
to the penalties provided in Section 188 of the Professional
Code.”
The ability to enforce the reserve title and practice provisions
of the Act is fundamental to APEGGA’s ability to fulfil
its mandate under the Engineering, Geological and Geophysical
Professions Act.
The following recommendation for a statutory amendment was
approved at a special Council meeting on 17 March 2004.
Existing Wording
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
(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,
Proposed Wording
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
(ii) the word “engineer” alone or in combination with any other
name, title, description, letter, symbol or abbreviation that may represent
expressly or by implication that the individual, corporation, partnership or
other entity is a professional engineer, licensee or permit holder.
(iii) Section 3(1)(a)(ii) does not apply to any individual who uses a title
under the authority of any other enactment.
Existing Wording
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
(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,
Proposed Wording
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
(ii) the word “geologist” alone or in combination
with any other name, title, description, letter, symbol or
abbreviation that may represent expressly or by implication
that the individual, corporation, partnership or other entity
is a professional geologist, licensee or permit holder.
(iii) Section 6(1)(a)(ii) does not apply to any individual
who uses a title under the authority of any other enactment.
Existing Wording
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
(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,
Proposed Wording
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
(ii) the word “geophysicist” alone or in combination
with any other name, title, description, letter, symbol or
abbreviation that may represent expressly or by implication
that the individual, corporation, partnership or other entity
is a professional geophysicist, licensee or permit holder.
(iii) Section 8(1)(a)(ii) does not apply to any individual
who uses a title under the authority of any other enactment.
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