Engineering and Geoscience Professions Act
Engineering and Geoscience Professions Act
Engineering and Geoscience Professions Act
Office Consolidation
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Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
Regulations
The following is a list of the regulations made under the Engineering and
Geoscience Professions Act that are filed as Alberta Regulations under the
Regulations Act
Chapter E-11
Table of Contents
1 Definitions
1.1 Joint Councils Committee
Part 1
Scope of Practice
2 Exclusive scope of the practice of engineering
3 Exclusive use of name engineer
4 Holding out by joint firm
5 Exclusive scope of the practice of geoscience
6 Exclusive use of name geoscientist
9 Injunction
Part 2
Association
10 Association of Professional Engineers and Geoscientists
11 Capacity and powers
12 Council
13 Registrar
14 Council members
15 Practice Review Board
16 Powers of the Practice Review Board
17 Appeal to Appeal Board
18 Appeal Board
Part 3
Regulations and Bylaws
19 Regulations
20 Bylaws
20.1 Consultation with Ministers required
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PROFESSIONS ACT Chapter E-11
Part 4
Registration
21 Registers and membership records
22 Registration as professional member
23 Registration as licensee
24 Registration of permit holders
25 Evidence of registration
26 Annual certificate
27 Entries in registers
28 List of registrants open to the public
29 Cancellation on request
30 Board of Examiners
31 Approval by the Board of Examiners
32 Review by the Appeal Board
33 Joint firms
34 Approval by Joint Board
35 Registration of joint firm
36 Duties of joint firm
37 Restricted practitioner
38 Exemption from stamp or seal requirement
39 Cancellation
40 Cancellation of a joint firm
41 Cancellation of restricted practitioners
Part 5
Discipline
42 Definitions
43 Complaints
44 Determination of unprofessional conduct and unskilled practice
45 Discipline Committee
46 Investigative Committee
47 Investigation Panel
48 Notice of preliminary investigation
49 Evidence for preliminary investigation
50 Report to Investigative Committee
51 Termination of investigation
52 Power of Investigative Committee to recommend an order
53 Duty of Discipline Committee
54 Further investigation
55 Suspension pending investigation and hearing
56 Right to counsel and to appearance
57 Public hearings
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58 Evidence
59 Witnesses and documents
60 Enforcement of attendance and production of documents
61 Failure to give evidence
62 Finding by the Discipline Committee
63 Powers of the Discipline Committee
64 Order to pay costs or a fine
65 Service of written decision
66 Suspension or cancellation pending appeal
67 Appeal to Appeal Board
68 Time of appeal
69 Powers of the Appeal Board on appeal
70 Appeal to the Court of Appeal
71 Order for stay pending appeal
72 Material in support of appeal
73 Power of the court on appeal
74 Fraudulent registration
75 Surrender of certificates
76 Misrepresentation of status
77 Publication
Part 6
General
78 Use of stamps, seal, permit number
79 Exemption from municipal licence
80 Liability to others
81 Registrar’s certificate
82 Protection from liability
Part 7
Professional Licensees
83 Scope of practice
83.01 Exclusive use of name
83.1 Prohibition on holding out
83.2 Stamp or seal of professional licensee (engineering)
83.3 Stamp or seal of professional licensee (geoscience)
83.4 Non-application of provisions to professional licensees
83.5 Register for professional licensees
83.6 Eligibility for registration
83.7 Application for registration
83.8 Registration as professional licensee
84 Evidence of registration
85 Regulation-making authority
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86 Fees
86.1 Annual licence
86.2 Application of Act
86.3 Practice prohibitions
86.31 Injunction
Part 8
ASET, Joint Boards and Committees, Professional
Technologists and Other ASET Members
86.4 Definitions
Division 1
ASET
86.5 Corporation continued
86.6 Capacity and powers
87 ASET Council
87.1 ASET Registrar
87.2 ASET Council members
87.3 ASET regulations
87.4 ASET bylaws
87.41 Consultation with Ministers required
Division 2
Joint Boards and Committees
87.5 Establishment of joint boards and committees
87.6 Public appointees to joint boards and committees
88 Governance of joint boards and committees
88.1 Powers of the Joint Practice Review Board
88.2 Joint Practice Review Board appointees
88.3 Appeal to Joint Appeal Board
88.4 Joint Appeal Board
88.5 JPT Regulations Committee authority
88.51 Consultation with Ministers required
88.6 Resolving disputes
89 Joint Board of Examiners
89.1 Joint Discipline Committee
89.2 Joint Investigative Committee
Division 3
Professional Technologists
89.3 Scope of practice
89.4 Use of title
89.5 Stamp or seal
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Division 4
Other ASET Members
92.1 Registers
92.2 Registration of regulated members
92.3 Evidence of registration
92.4 Annual certificate
92.5 Entries in registers
92.6 List of registrants open to the public
93 Cancellation on request
93.1 ASET Board of Examiners
93.2 Approval by the ASET Board of Examiners
93.3 Review by the ASET Appeal Board
93.4 ASET Practice Review Board
93.5 Powers of the ASET Practice Review Board
94 Appeal to ASET Appeal Board
94.1 ASET Appeal Board
Division 5
Discipline of Regulated Members
94.2 ASET Discipline Committee
94.3 ASET Investigative Committee
94.4 Application of Part 5 to regulated members of ASET
Division 6
General
94.5 ASET Registrar’s certificate
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Division 7
Prohibitions and Penalties
95.1 Practice prohibitions
96 Injunction
96.1 Onus of proof
Part 9
Prohibitions and Penalties
97 Practice prohibitions
97.1 Use of names and abbreviations relating to
geology and geophysics
97.2 Injunction
98 Penalties
99 Onus of proof
100 Name change
Part 10
Transitional provisions
101 Existing registrations
102 Use of titles and stamps relating to
geology and geophysics
103 Transitional regulations
Definitions
1 In this Act,
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(3) The Joint Councils Committee shall meet and its procedure
shall be governed by rules established by agreement of the Council
and ASET Council.
(4) The Council and ASET Council may, by agreement, alter the
composition of the Joint Councils Committee described in
subsection (1).
2007 13 s3;2011 c3 s4
Part 1
Scope of Practice
Exclusive scope of the practice of engineering
2(1) Except as otherwise provided in this Act, no individual,
corporation, partnership or other entity, except a professional
engineer, a licensee so authorized in the licensee’s licence, a permit
holder so authorized in its permit or a certificate holder so
authorized in the certificate holder’s certificate, shall engage in the
practice of engineering.
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(e) a person who, on the person’s own property and for the
person’s sole use or the use of the person’s domestic
establishment, carries out any work that does not involve the
safety of the public;
(6) Subsection (1) does not apply to a person if the person engages
in
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Section 3 PROFESSIONS ACT Chapter E-11
(a) use
or
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(a) use
or
Injunction
9 The Court, on application by the Council, may grant an
injunction enjoining any person from doing any act or thing that
contravenes this Part, notwithstanding any penalty that may be
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Part 2
Association
Association of Professional Engineers and Geoscientists
10(1) The Association of Professional Engineers, Geologists and
Geophysicists of Alberta is continued as a corporation with the
name “Association of Professional Engineers and Geoscientists of
Alberta”.
(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.
RSA 2000 cE-11 s10;2011 c3 s7
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.
Registrar
13 The Council shall appoint a Registrar for the purposes of this
Act.
1981 cE-11.1 s13
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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.
and
(5) The Minister may, after consultation with the Council, revoke
the appointment of a member of the Council made under subsection
(2)(b).
(7) The powers, duties and operations of the Council under this
Act, the regulations and the bylaws are not affected by
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(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
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(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
(2) The Board shall report to and advise the Council with respect
to any matter dealt with by it pursuant to subsection (1).
(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.
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(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.
(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.
Appeal Board
18(1) There is hereby established an Appeal Board consisting of
(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).
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(5) The powers, duties and operations of the Appeal Board under
this Act, the regulations and the bylaws are not affected by
Part 3
Regulations and Bylaws
Regulations
19(1) The Council may make regulations
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(5) The Council may change the text of a regulation that was
approved in principle under subsection (4) if the change
(6) A regulation made under this section does not come into force
unless it has been approved by the Lieutenant Governor in Council.
RSA 2000 cE-11 s19;2007 c13 s11;2011 c3 s9
Bylaws
20(1) The Council may make bylaws
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Section 20 PROFESSIONS ACT Chapter E-11
(r) respecting the fixing of fees, dues and levies payable to the
Association;
(u) respecting the removal from the registers and records of any
memorandum or entry made in them under this Act or the
bylaws;
(2) The Council may make bylaws respecting the holding of mail
votes or votes conducted by electronic, telecommunication or other
appropriate means 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
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Part 4
Registration
Registers and membership records
21(1) The Registrar shall maintain, in accordance with the bylaws
and subject to the direction of the Council, a register for each of the
following:
(2) The Registrar shall enter in the appropriate register the name of
a person who has paid the fee prescribed under the bylaws, and
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Section 22 PROFESSIONS ACT Chapter E-11
Registration as licensee
23 The Board of Examiners shall approve the registration as a
licensee of an individual who has applied to the Board of
Examiners and is eligible in accordance with this Act and the
regulations to become registered to engage in the practice of
engineering or geoscience as a licensee.
RSA 2000 cE-11 s23;2011 c3 s32
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Section 25 PROFESSIONS ACT Chapter E-11
Evidence of registration
25(1) On entering the name of a professional engineer or
geoscientist in the register, the Registrar shall issue to the
professional engineer or geoscientist
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Section 26 PROFESSIONS ACT Chapter E-11
Annual certificate
26(1) A professional member, licensee, permit holder or certificate
holder engaged in the practice of engineering or geoscience shall
pay to the Association the annual fee prescribed under the bylaws.
Entries in registers
27(1) The registration of a professional member, licensee, permit
holder or certificate holder is suspended when the decision to
suspend the registration is made in accordance with this Act.
(5) The Registrar shall not remove from the registers any
memorandum made by the Registrar under this section, except in
accordance with the bylaws.
1981 cE-11.1 s26
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Cancellation on request
29(1) The Registrar shall not cancel the registration of a
professional member, licensee, permit holder or certificate holder at
that person’s request unless the request for the cancellation has
been approved by the Council.
and
Board of Examiners
30(1) The Council shall establish a Board of Examiners in
accordance with the regulations.
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Section 30 PROFESSIONS ACT Chapter E-11
(5) The Minister may, after consultation with the Council, revoke
the appointment under subsection (2) of a member of the public.
(6) The powers, duties and operations of the Board under this Act,
the regulations and the bylaws are not affected by
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Section 33 PROFESSIONS ACT Chapter E-11
(7) On concluding the hearing, the Appeal Board may make any
decision the Board of Examiners was authorized to make.
1981 cE-11.1 s31;1995 c14 s15
Joint firms
33(1) In this section and sections 34 and 35,
(i) that
and
(i) that
and
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Section 33 PROFESSIONS ACT Chapter E-11
(i) that
and
(2) The Joint Board shall consider with respect to each application
referred to it whether
(e) any detriment to the public would result from the applicant
becoming entitled to engage in the practice of both
engineering and architecture.
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Section 35 PROFESSIONS ACT Chapter E-11
(3) When a joint firm causes plans, drawings, detail drawings and
specifications prepared in its practice of engineering, or prepared
by other persons and reviewed by the professional members in its
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Restricted practitioner
37(1) The Joint Board may recommend to the Council that a
certificate of authorization be issued to an individual who is a
registered architect who
Cancellation
39(1) The Council may direct the Registrar to cancel the
registration of
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Section 40 PROFESSIONS ACT Chapter E-11
(2) The notice under subsection (1) shall state that the Registrar
may cancel the registration unless
(a) the fees, dues or levies are paid as indicated in that notice, or
(3) The Council may direct the Registrar to cancel the registration
of a professional member, licensee or permit holder that was
entered in error in the register.
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Section 41 PROFESSIONS ACT Chapter E-11
after the expiration of one month following the service on the joint
firm of a written notice that the Council intends to cancel the
registration, unless the joint firm on which the notice is served
complies with the notice.
(2) The notice under subsection (1) shall state that the Registrar
may cancel the registration unless
(a) the fees, dues or levies are paid as indicated in the notice, or
(b) the joint firm has at least one professional engineer and at
least one registered architect to take the responsibility
referred to in section 34(2)(b).
(3) If the registration of a joint firm has been cancelled under this
section, the joint firm shall forthwith surrender to the Registrar the
certificate of authorization and the stamp issued to it.
(4) The Council may direct the Registrar, subject to any conditions
that the Council may prescribe, to reinstate the joint firm in the
applicable register and to reissue the certificate of authorization and
the stamp.
1981 cE-11.1 s39
(2) The notice under subsection (1) shall state that the Registrar
may cancel the registration unless
(a) the fees, dues or levies are paid as indicated in the notice, or
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Section 42 PROFESSIONS ACT Chapter E-11
(4) The Council may direct the Registrar, subject to any conditions
that the Council may prescribe, to reinstate the restricted
practitioner in the applicable register and to reissue the certificate
of authorization and the stamp.
1981 cE-11.1 s40
Part 5
Discipline
Definitions
42 In this Part,
Complaints
43(1) A person may complain to the Registrar, or to a person who
is authorized in writing by the Registrar to receive complaints,
about the conduct of a professional member, licensee, permit
holder, certificate holder or member-in-training, and the complaint
shall be dealt with in accordance with this Part and the regulations.
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Section 44 PROFESSIONS ACT Chapter E-11
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Section 45 PROFESSIONS ACT Chapter E-11
Discipline Committee
45(1) The Council shall establish a Discipline Committee, the
members of which shall be appointed in accordance with the
regulations.
(4) A regulation made under subsection (2) or (3) does not come
into force unless it has been approved by the Lieutenant Governor
in Council.
1981 cE-11.1 s44;1984 c17 s14
Investigative Committee
46(1) The Council shall establish an Investigative Committee, the
members of which shall be appointed in accordance with the
regulations.
(3) A regulation made under subsection (2) does not come into
force unless it has been approved by the Lieutenant Governor in
Council.
1995 c14 s20
Investigation panel
47 When a complaint is referred to the Investigative Committee
under section 43, the Investigative Committee shall appoint an
investigation panel from among its members to conduct a
preliminary investigation.
1981 cE-11.1 s45;1995 c14 s21
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Section 49 PROFESSIONS ACT Chapter E-11
(b) copy and keep copies for the purposes of this Part of any
thing that is produced under clause (a).
Termination of investigation
51(1) The Investigative Committee may terminate an investigation
at any time if it is of the opinion that
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or
(3) If the case manager agrees with the order recommended by the
Investigative Committee, the case manager must discuss the order
with the investigated person and, if the investigated person agrees
with the order, the order has the same force and effect as an order
made by the Discipline Committee following a formal hearing.
(4) If the case manager or the investigated person rejects the order
recommended by the Investigative Committee, the matter must be
referred to the Discipline Committee for a formal hearing.
1995 c14 s25
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Section 54 PROFESSIONS ACT Chapter E-11
(3) The Registrar shall serve on the investigated person and on the
complainant, if any, a notice of hearing stating the date, time and
place at which the Discipline Committee will hold the hearing and
giving reasonable particulars of the conduct or complaint in respect
of which the hearing will be held.
1981 cE-11.1 s50;1984 c17 s16;1995 c14 s26
Further investigation
54(1) The Discipline Committee may also investigate and hear
any other matter concerning the conduct of the investigated person
that arises in the course of the hearing, but in that event the
Committee shall declare its intention to investigate and hear the
further matter and shall permit the person sufficient opportunity to
prepare the person’s answer to the further matter.
Public hearings
57 All hearings before the Discipline Committee and the Appeal
Board under this Part are open to the public unless that Committee
or Board orders otherwise.
1981 cE-11.1 s54;1995 c14 s29
Evidence
58(1) Evidence may be given before the Discipline Committee in
any manner that the Committee considers appropriate, and the
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Section 61 PROFESSIONS ACT Chapter E-11
(3) A witness other than the investigated person who has been
served with a notice to attend or a notice for the production of
documents or records under subsection (1) or (2) is entitled to be
paid the same fees, expenses and allowances as are payable to
witnesses in an action in the Court.
RSA 2000 cE-11 s60;2009 c53 s59
or
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Section 64 PROFESSIONS ACT Chapter E-11
(a) all or part of the costs of the hearing in accordance with the
bylaws,
(c) both the costs under clause (a) and a fine under clause (b),
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Appeal Board or the Court of Appeal, as the case may be, makes its
decision on the appeal.
(3) The Court may hear an application made under this section not
less than 10 days after the application has been served on the
Registrar.
(c) be served on the Registrar not more than 30 days after the
date that the decision of the Discipline Committee was
served on the investigated person.
Time of appeal
68(1) The Appeal Board, on receiving a notice of appeal under
section 67, shall serve on the investigated person and the
Investigative Committee a notice of hearing of an appeal stating the
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Section 69 PROFESSIONS ACT Chapter E-11
date, time and place that the Appeal Board will hear the matters
appealed.
(3) The Appeal Board shall forthwith after the date of the
conclusion of all proceedings before it,
(c) refer the matter back to the Discipline Committee for further
consideration in accordance with any direction that the
Appeal Board may make.
(4) The Appeal Board may order the investigated person to pay all
or part of the costs of the appeal determined in accordance with the
bylaws.
1981 cE-11.1 s66;1984 c17 s22;1995 c14 s35
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both within 30 days from the date on which the decision of the
Appeal Board is served on the investigated person.
1981 cE-11.1 s68;1984 c17 s24;1995 c14 s36
(a) make any finding that in its opinion ought to have been
made;
(c) refer the matter back to the Appeal Board for further
consideration in accordance with any direction of the Court
of Appeal;
(d) direct that a new trial of any mixed questions of law and fact
relating to a finding or order, or to both a finding and an
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(2) The Court of Appeal may make any award as to the costs of an
appeal to it that it considers appropriate.
1981 cE-11.1 s71;1984 c17 s27;1995 c14 s37
Fraudulent registration
74(1) If the Council is satisfied, after a hearing on the matter, that
a person whose registration is entered in the register obtained
registration by means of any false or fraudulent representation or
declaration, either oral or written, the Council shall order that the
person’s registration be cancelled.
Surrender of certificates
75(1) If the registration of a professional member, licensee or
restricted practitioner has been cancelled or suspended under this
Part, the professional member, licensee or restricted practitioner
shall immediately surrender any certificate, stamp or seal to the
Registrar.
(4) No order shall be made under subsection (3) within one year
after
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Misrepresentation of status
76 The conduct of a person who is or was registered as a
professional member, licensee, permit holder or certificate holder
who represents or holds out that the person is registered and in
good standing while the person’s registration is suspended or
cancelled may be dealt with as being unprofessional conduct in
accordance with this Part.
1981 cE-11.1 s74
Publication
77 After a finding or order is made by the Discipline Committee,
the Council, the Appeal Board, the Court or the Court of Appeal
under this Part, the name of the investigated person may be
published in accordance with the regulations.
1981 cE-11.1 s75;1995 c14 s38
Part 6
General
Use of stamps, seal, permit number
78(1) A professional member, licensee or restricted practitioner
shall, in accordance with the regulations,
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Section 80 PROFESSIONS ACT Chapter E-11
Liability to others
80(1) The relationship between a permit holder or certificate
holder engaged in the practice of engineering or geoscience and a
person receiving the professional services of the permit holder or
certificate holder is subject to this Act, the regulations and any
other law applicable to the relationship between a professional
member and the professional member’s client.
Registrar’s certificate
81(1) A certificate purporting to be signed by the Registrar and
stating that a named person was or was not, on a specified day or
during a specified period,
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Part 7
Professional Licensees
Scope of practice
83 No professional licensee shall engage in the practice of
engineering or geoscience except within the scope of practice
specified by the Board of Examiners.
2007 c13 s14;2011 c3 s32
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Section 83.1 PROFESSIONS ACT Chapter E-11
(b) the stamp or seal is affixed with the knowledge and consent
or in accordance with the direction of
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Section 83.4 PROFESSIONS ACT Chapter E-11
(b) the stamp or seal is affixed with the knowledge and consent
or in accordance with the direction of
(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 engineering or
geoscience as a professional licensee has been approved by the
Board of Examiners.
2007 c13 s14;2011 c3 s32
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 83.8 PROFESSIONS ACT Chapter E-11
Evidence of registration
84 On entering the name of a professional licensee in the register,
the Registrar shall issue to that individual
Regulation-making authority
85 The Council may make regulations or bylaws applicable to
professional licensees in respect of any of the matters under
sections 19 and 20.
62
ENGINEERING AND GEOSCIENCE RSA 2000
Section 86 PROFESSIONS ACT Chapter E-11
Fees
86 Fees prescribed under the bylaws in respect of professional
licensees must not be greater than the corresponding fees fixed in
respect of professional members.
2007 c13 s14
Annual licence
86.1(1) A professional licensee engaged in the practice of
engineering or geoscience shall pay to the Association the annual
fee prescribed in the bylaws.
Application of Act
86.2(1) Sections 14, 15, 16, 17, 19(4), 20(3), 24, 27, 28, 29, 31,
39, 78, 79, 80(2), 81 and 82(2) apply to a professional licensee as if
the professional licensee were a professional member.
63
ENGINEERING AND GEOSCIENCE RSA 2000
Section 86.3 PROFESSIONS ACT Chapter E-11
Practice prohibitions
86.3(1) A person whose registration as a professional licensee is
cancelled or suspended under this Act shall not, without the
consent of the Council, engage in the practice of engineering or
geoscience or directly or indirectly associate with any professional
member, professional licensee, licensee, permit holder or certificate
holder in the practice of engineering, geology or geophysics.
Injunction
86.31 The Court, on application by the Council, may grant an
injunction enjoining any person from doing any act or thing that
contravenes section 83.01 or 83.1, notwithstanding any penalty that
may be provided by this Act or the regulations in respect of that act
or thing.
2011 c3 s20
Part 8
ASET, Joint Boards and Committees,
Professional Technologists and
Other ASET Members
Definitions
86.4 In this Part,
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 86.5 PROFESSIONS ACT Chapter E-11
Division 1
ASET
Corporation continued
86.5(1) The Association of Science and Engineering Technology
Professionals of Alberta, previously established as a society under
the Societies Act, is continued as a corporation with that name
under this Act.
65
ENGINEERING AND GEOSCIENCE RSA 2000
Section 86.6 PROFESSIONS ACT Chapter E-11
ASET Council
87(1) The governing body of ASET continues to be its Council.
(2) ASET Council shall manage and conduct the business and
affairs of ASET and exercise the powers of ASET in the name of
and on behalf of ASET.
(4) The Minister shall, on receipt of the annual report of ASET, 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.
2007 c13 s14
ASET Registrar
87.1 ASET Council shall appoint a Registrar for the purposes of
this Part, ASET regulations and ASET bylaws.
2007 c13 s14
(a) a president,
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.3 PROFESSIONS ACT Chapter E-11
(7) The powers, duties and operations of ASET Council under this
Act, ASET regulations and ASET bylaws are not affected by
ASET regulations
87.3(1) ASET Council may make regulations
67
ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.3 PROFESSIONS ACT Chapter E-11
68
ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.3 PROFESSIONS ACT Chapter E-11
69
ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.4 PROFESSIONS ACT Chapter E-11
(4) ASET Council may change the text of a regulation that has
been approved in principle under subsection (3) if the change
(5) A regulation under this section does not come into force unless
it has been approved by the Lieutenant Governor in Council.
2007 c13 s14
ASET bylaws
87.4(1) ASET Council may make bylaws
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.4 PROFESSIONS ACT Chapter E-11
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.4 PROFESSIONS ACT Chapter E-11
(t) respecting the removal from the registers and records of any
memorandum or entry made in them;
(w) defining “ASET members” for the purposes of this Act and
ASET regulations and ASET bylaws;
(3) A bylaw under subsection (1) does not come into force unless
it is approved by a majority of ASET members
72
ENGINEERING AND GEOSCIENCE RSA 2000
Section 87.41 PROFESSIONS ACT Chapter E-11
(4) The Regulations Act does not apply to ASET bylaws made
under this section.
2007 c13 s14
Division 2
Joint Boards and Committees
Establishment of joint boards and committees
87.5(1) The following joint boards and committees are
established:
(2) Each joint board and committee is, subject to this Act, to be
composed of
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Section 87.6 PROFESSIONS ACT Chapter E-11
(2) The Minister may, after consultation with the Joint Councils
Committee, revoke the appointment of a member of the public
appointed to a joint board or committee.
(2) Section 20(7) and (8) of the Interpretation Act apply to the
joint boards and committees.
(3) The Regulations Act does not apply to an order made under this
section, but the order must be published in Part I of The Alberta
Gazette.
2007 c13 s14
(iv) any other matter that the Council or ASET 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 professional technologists under this Act and
the professional technologist regulations,
and
(2) The Joint Practice Review Board shall report to and advise the
Council and ASET Council with respect to any matter dealt with by
it pursuant to subsection (1).
(4) The Joint Practice Review Board may, after a review under this
section with respect to a professional technologist, make any order
that the Joint Discipline Committee may make under section 63 or
64.
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ENGINEERING AND GEOSCIENCE RSA 2000
Section 88.2 PROFESSIONS ACT Chapter E-11
(6) The Joint Practice Review Board may at any time during an
inquiry or review under this section recommend to the Joint
Investigative Committee that the inquiry or review be conducted by
the Joint Investigative Committee pursuant to Part 5.
(8) After each inquiry under this section, the Joint Practice Review
Board shall make a written report to the Council and ASET
Council on the inquiry and may make any recommendations to the
Council or ASET Council, or both, that the Joint Board considers
appropriate in connection with the matter inquired into, with
reasons for the recommendations.
76
ENGINEERING AND GEOSCIENCE RSA 2000
Section 88.5 PROFESSIONS ACT Chapter E-11
77
ENGINEERING AND GEOSCIENCE RSA 2000
Section 88.51 PROFESSIONS ACT Chapter E-11
(o) prescribing forms for use under this Act and regulations
made under this section, or delegating that function;
(2) A regulation under subsection (1) does not come into force
unless
Resolving disputes
88.6(1) If after 2 meetings at which a matter has been discussed
the JPT Regulations Committee has not resolved the matter, the
Committee may refer the matter to the Joint Councils Committee in
accordance with rules established by agreement of the Council and
ASET Council.
(a) refer the matter, or any aspect of it, back to the JPT
Regulations Committee with suggestions or directions about
how to resolve it;
(3) If the Joint Councils Committee fully resolves the matter, the
JPT Regulations Committee shall, if required, implement the
resolution of the Joint Councils Committee.
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Section 89 PROFESSIONS ACT Chapter E-11
(4) If the Joint Councils Committee does not fully resolve the
matter and does not refer the matter back to the JPT Regulations
Committee under subsection (2), the Joint Councils Committee
may, or if 120 days has passed from the date of receipt of the
reference from the JPT Regulations Committee, the Joint Councils
Committee shall, refer the matter, or any aspect of it that remains
unresolved, to arbitration under the Arbitration Act.
(5) The Joint Councils Committee may extend the 120-day period
if it considers an extension warranted.
79
ENGINEERING AND GEOSCIENCE RSA 2000
Section 89.1 PROFESSIONS ACT Chapter E-11
Division 3
Professional Technologists
Scope of practice
89.3 No professional technologist shall engage in the practice of
engineering or geoscience except within the scope of practice
specified by the Joint Board of Examiners.
2007 c13 s14;2011 c3 s32
Use of title
89.4(1) No individual, corporation, partnership or other entity,
except a professional technologist, shall use
Stamp or seal
89.5(1) No individual, corporation, partnership or other entity,
except a professional technologist (engineering), shall affix the
stamp or seal of a professional technologist (engineering) 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
80
ENGINEERING AND GEOSCIENCE RSA 2000
Section 89.6 PROFESSIONS ACT Chapter E-11
(b) the stamp or seal is affixed with the knowledge and consent
or in accordance with the direction of
(b) the stamp or seal is affixed with the knowledge and consent
or in accordance with the direction of
81
ENGINEERING AND GEOSCIENCE RSA 2000
Section 90 PROFESSIONS ACT Chapter E-11
(2) The ASET Registrar shall enter in the register the name of a
person who has paid the fee prescribed by ASET bylaws and whose
registration to engage in the practice of engineering or geoscience
as a professional technologist has been approved by the Joint Board
of Examiners.
2007 c13 s14;2011 c3 s32
Evidence of registration
90.2 On entering the name of a professional technologist in the
register, the ASET Registrar shall issue to that individual
82
ENGINEERING AND GEOSCIENCE RSA 2000
Section 90.3 PROFESSIONS ACT Chapter E-11
83
ENGINEERING AND GEOSCIENCE RSA 2000
Section 90.5 PROFESSIONS ACT Chapter E-11
Annual certificate
90.5(1) A professional technologist or ASET permit holder
engaged in the practice of engineering or geoscience shall pay to
ASET the annual fee prescribed under ASET bylaws.
Entries in registers
90.6(1) The registration of a professional technologist or ASET
permit holder is suspended when the decision to suspend the
registration is made in accordance with this Act.
(5) The ASET Registrar shall not remove from the register any
memorandum made by the ASET Registrar under this section
except in accordance with the professional technologist regulations.
(6) The ASET Registrar shall provide the Registrar with access to
the registers established for professional technologists.
2007 c13 s14
84
ENGINEERING AND GEOSCIENCE RSA 2000
Section 91 PROFESSIONS ACT Chapter E-11
Cancellation on request
91.1(1) The ASET Registrar shall not cancel the registration of a
professional technologist or ASET permit holder at that person’s
request unless the request for cancellation has been approved by
ASET Council.
and
85
ENGINEERING AND GEOSCIENCE RSA 2000
Section 91.3 PROFESSIONS ACT Chapter E-11
(7) On concluding the hearing, the Joint Appeal Board may make
any decision the Joint Board of Examiners was authorized to make.
2007 c13 s14
Cancellation
91.3(1) ASET Council may direct the ASET Registrar to cancel
the registration of
(2) The notice under subsection (1) shall state that the ASET
Registrar may cancel the registration unless
(a) the fees, dues or levies are paid as indicated in that notice, or
86
ENGINEERING AND GEOSCIENCE RSA 2000
Section 91.4 PROFESSIONS ACT Chapter E-11
(3) ASET Council may direct the ASET Registrar to cancel the
registration of a professional technologist or ASET permit holder
that was entered in error in the register.
87
ENGINEERING AND GEOSCIENCE RSA 2000
Section 91.5 PROFESSIONS ACT Chapter E-11
Liability to others
92(1) The relationship between an ASET permit holder engaged in
the practice of engineering or geoscience and a person receiving the
professional services of the ASET permit holder is subject to this
Act, the professional technologist regulations and any other law
applicable to the relationship between a professional technologist
and a client.
88
ENGINEERING AND GEOSCIENCE RSA 2000
Section 92.1 PROFESSIONS ACT Chapter E-11
Division 4
Other ASET Members
Registers
92.1(1) In addition to the ASET Registrar’s other responsibilities,
the ASET Registrar shall maintain in accordance with ASET
bylaws and subject to the direction of ASET Council, a register for
(3) The ASET Registrar shall enter in the appropriate register the
name of a person who has paid the fee prescribed in ASET bylaws
and who
89
ENGINEERING AND GEOSCIENCE RSA 2000
Section 92.3 PROFESSIONS ACT Chapter E-11
Evidence of registration
92.3 On entering the name of a regulated member in the register,
the ASET Registrar shall issue to the regulated member a
certificate of registration.
2007 c13 s14
Annual certificate
92.4(1) A regulated member shall pay to ASET the annual fee
prescribed under ASET bylaws.
Entries in registers
92.5(1) The registration of a regulated member is suspended when
the decision to suspend the registration is made in accordance with
this Act.
(5) The ASET Registrar shall not remove from the registers any
memorandum made under this section, except in accordance with
ASET bylaws.
2007 c13 s14
90
ENGINEERING AND GEOSCIENCE RSA 2000
Section 92.6 PROFESSIONS ACT Chapter E-11
Cancellation on request
93(1) The ASET Registrar shall not cancel the registration of a
regulated member at that person’s request unless the request for
cancellation has been approved by ASET Council.
91
ENGINEERING AND GEOSCIENCE RSA 2000
Section 93.2 PROFESSIONS ACT Chapter E-11
92
ENGINEERING AND GEOSCIENCE RSA 2000
Section 93.4 PROFESSIONS ACT Chapter E-11
(7) On concluding the hearing, the ASET Appeal Board may make
any decision the ASET Board of Examiners was authorized to
make.
2007 c13 s14
(iv) any other matter that ASET 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 practice of regulated
members under this Act and ASET regulations,
and
93
ENGINEERING AND GEOSCIENCE RSA 2000
Section 94 PROFESSIONS ACT Chapter E-11
(2) The ASET Practice Review Board shall report to and advise
ASET Council with respect to any matter dealt with by it pursuant
to subsection (1).
(4) The ASET Practice Review Board may, after a review under
this section with respect to a regulated member, make any order
that the ASET Discipline Committee may make under section 63 or
64.
(6) The ASET Practice Review Board may at any time during an
inquiry or review under this section recommend to the ASET
Investigative Committee that the inquiry or review be conducted by
the ASET Investigative Committee pursuant to Part 5.
(8) After each inquiry under this section, the ASET Practice
Review Board shall make a written report to ASET Council on the
inquiry and may make any recommendations to ASET Council that
the ASET Practice Review Board considers appropriate in
connection with the matter inquired into, with reasons for the
recommendations.
94
ENGINEERING AND GEOSCIENCE RSA 2000
Section 94.1 PROFESSIONS ACT Chapter E-11
Division 5
Discipline of Regulated Members
ASET Discipline Committee
94.2(1) ASET Council shall establish a discipline committee, to
be known as the ASET Discipline Committee, the members of
which shall be appointed in accordance with ASET regulations.
(4) A regulation made under subsection (2) or (3) does not come
into force unless it has been approved by the Lieutenant Governor
in Council.
2007 c13 s14
95
ENGINEERING AND GEOSCIENCE RSA 2000
Section 94.4 PROFESSIONS ACT Chapter E-11
(3) A regulation made under subsection (2) does not come into
force unless it has been approved by the Lieutenant Governor in
Council.
2007 c13 s14
Division 6
General
ASET Registrar’s certificate
94.5(1) A certificate purporting to be signed by the ASET
Registrar and stating that a named person was or was not, on a
specified day or during a specified period,
96
ENGINEERING AND GEOSCIENCE RSA 2000
Section 95 PROFESSIONS ACT Chapter E-11
97
ENGINEERING AND GEOSCIENCE RSA 2000
Section 95.1 PROFESSIONS ACT Chapter E-11
(a) ASET,
Division 7
Prohibitions and Penalties
Practice prohibitions
95.1(1) A person whose registration as a professional technologist
is cancelled or suspended under this Act shall not, without the
consent of the Joint Board of Examiners, engage in the practice of
engineering or geoscience or directly or indirectly associate in the
practice of engineering or geoscience with any professional
member, licensee, permit holder, certificate holder or professional
technologist.
(3) ASET may hold or continue to hold, and regulate the use of,
the following trademarks:
98
ENGINEERING AND GEOSCIENCE RSA 2000
Section 96 PROFESSIONS ACT Chapter E-11
Injunction
96 The Court, on application by ASET Council, may grant an
injunction enjoining any person from
(a) doing any act or thing that contravenes section 95.1(1), (2)
or (5), or
Onus of proof
96.1 In a prosecution under this Act, the burden of proving that a
person is a professional technologist or a regulated member is on
the accused.
2007 c13 s14
Part 9
Prohibitions and Penalties
Practice prohibitions
97(1) A person whose registration as a professional engineer,
professional geoscientist, licensee, permit holder or certificate
holder is cancelled or suspended under this Act shall not, without
the consent of the Council, engage in the practice of engineering or
99
ENGINEERING AND GEOSCIENCE RSA 2000
Section 97.1 PROFESSIONS ACT Chapter E-11
shall
100
ENGINEERING AND GEOSCIENCE RSA 2000
Section 97.1 PROFESSIONS ACT Chapter E-11
shall
101
ENGINEERING AND GEOSCIENCE RSA 2000
Section 97.1 PROFESSIONS ACT Chapter E-11
shall
shall
102
ENGINEERING AND GEOSCIENCE RSA 2000
Section 97.2 PROFESSIONS ACT Chapter E-11
Injunction
97.2 The Court, on application by the Council, may grant an
injunction enjoining any person from doing any act or thing that
contravenes section 97.1(1), (2), (3) or (4), notwithstanding any
penalty that may be provided by this Act or the regulations in
respect of that act or thing.
2011 c3 s28
Penalties
98(1) Every person and every member, officer, employee or agent
of a firm, partnership or other association of persons and of a
corporation who contravenes Part 1, section 29(2)(b), section 39(4),
section 83, 83.01, 83.1, 83.2, 83.3 or 86.3, this Part or section 89.3,
89.4, 89.5 or 95.1 is guilty of an offence and liable
(a) for the first offence, to a fine of not more than $2000,
(b) for the 2nd offence, to a fine of not more than $4000, and
(c) for the 3rd and each subsequent offence, to a fine of not
more than $6000 or to imprisonment for a term of not more
than 6 months or to both a fine and imprisonment.
Onus of proof
99 In a prosecution under this Act, the burden of proving that a
person is a professional engineer, professional geoscientist,
professional licensee (engineering), professional licensee
(geoscience), registered professional technologist (engineering),
licensee, permit holder or certificate holder, or that a person is not
prohibited by section 97.1(1), (2), (3), (4), (5) or (6) from using a
103
ENGINEERING AND GEOSCIENCE RSA 2000
Section 100 PROFESSIONS ACT Chapter E-11
Name change
100 If the name of the Alberta Society of Engineering
Technologists is changed after April 29, 1999, the reference to the
Alberta Society of Engineering Technologists is to be construed as
a reference to the Alberta Society of Engineering Technologists by
its new name.
1999 c8 s6
Part 10
Transitional Provisions
Existing registrations
101(1) Where, immediately before the coming into force of this
subsection, an individual is registered as a professional geologist or
professional geophysicist, on the coming into force of this
subsection
104
ENGINEERING AND GEOSCIENCE RSA 2000
Section 101 PROFESSIONS ACT Chapter E-11
105
ENGINEERING AND GEOSCIENCE RSA 2000
Section 102 PROFESSIONS ACT Chapter E-11
(7) The Registrar or the ASET Registrar, as the case may be, shall
make any necessary changes and take all necessary action to revise
or create registers and records and issue certificates, licences,
permits and other documentation to implement subsections (1) to
(6).
2011 c3 s31
106
ENGINEERING AND GEOSCIENCE RSA 2000
Section 103 PROFESSIONS ACT Chapter E-11
use the title, the abbreviation or the word and may do the act or
thing.
Transitional regulations
103(1) The Lieutenant Governor in Council may make regulations
107
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