ENGINEERING AND GEOSCIENCE PROFESSIONS ACT

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Province of AlbertaENGINEERING AND GEOSCIENCEPROFESSIONS ACTRevised Statutes of Alberta 2000Chapter E-11Current as of April 30, 2015Office Consolidation Published by Alberta Queen’s PrinterAlberta Queen’s Printer7th Floor, Park Plaza10611 - 98 AvenueEdmonton, AB T5K 2P7Phone: 780-427-4952Fax: 780-452-0668E-mail: qp@gov.ab.caShop on-line at www.qp.alberta.ca

Copyright and Permission StatementAlberta Queen's Printer holds copyright on behalf of the Government of Albertain right of Her Majesty the Queen for all Government of Alberta legislation.Alberta Queen's Printer permits any person to reproduce Alberta’s statutes andregulations without seeking permission and without charge, provided duediligence is exercised to ensure the accuracy of the materials produced, andCrown copyright is acknowledged in the following format: Alberta Queen's Printer, 20 .**The year of first publication of the legal materials is to be completed.NoteAll persons making use of this consolidation are reminded that it has nolegislative sanction, that amendments have been embodied for convenience ofreference only. The official Statutes and Regulations should be consulted for allpurposes of interpreting and applying the law.RegulationsThe following is a list of the regulations made under the Engineering andGeoscience Professions Act that are filed as Alberta Regulations under theRegulations ActAlta. Reg.AmendmentsEngineering and GeoscienceProfessions ActASET.282/2009 . 56/2012Engineering and GeoscienceProfessions General .150/99 . 37/2003, 8/2005,72/2007, 281/2009,346/2009, 55/2012,140/2014Professional Technologists .283/2009 . 57/2012

ENGINEERING AND GEOSCIENCEPROFESSIONS ACTChapter E-11Table of Contents11.1DefinitionsJoint Councils CommitteePart 1Scope of Practice234569Exclusive scope of the practice of engineeringExclusive use of name engineerHolding out by joint firmExclusive scope of the practice of geoscienceExclusive use of name geoscientistInjunctionPart 2Association101112131415161718Association of Professional Engineers and GeoscientistsCapacity and powersCouncilRegistrarCouncil membersPractice Review BoardPowers of the Practice Review BoardAppeal to Appeal BoardAppeal BoardPart 3Regulations and Bylaws192020.1RegulationsBylawsConsultation with Ministers required1

ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11Part 94041Registers and membership recordsRegistration as professional memberRegistration as licenseeRegistration of permit holdersEvidence of registrationAnnual certificateEntries in registersList of registrants open to the publicCancellation on requestBoard of ExaminersApproval by the Board of ExaminersReview by the Appeal BoardJoint firmsApproval by Joint BoardRegistration of joint firmDuties of joint firmRestricted practitionerExemption from stamp or seal requirementCancellationCancellation of a joint firmCancellation of restricted practitionersPart ionsComplaintsDetermination of unprofessional conduct and unskilled practiceDiscipline CommitteeInvestigative CommitteeInvestigation PanelNotice of preliminary investigationEvidence for preliminary investigationReport to Investigative CommitteeTermination of investigationPower of Investigative Committee to recommend an orderDuty of Discipline CommitteeFurther investigationSuspension pending investigation and hearingRight to counsel and to appearancePublic hearings2

ENGINEERING AND GEOSCIENCEPROFESSIONS eWitnesses and documentsEnforcement of attendance and production of documentsFailure to give evidenceFinding by the Discipline CommitteePowers of the Discipline CommitteeOrder to pay costs or a fineService of written decisionSuspension or cancellation pending appealAppeal to Appeal BoardTime of appealPowers of the Appeal Board on appealAppeal to the Court of AppealOrder for stay pending appealMaterial in support of appealPower of the court on appealFraudulent registrationSurrender of certificatesMisrepresentation of statusPublicationPart 6General7879808182Use of stamps, seal, permit numberExemption from municipal licenceLiability to othersRegistrar’s certificateProtection from liabilityPart 7Professional 85RSA 2000Chapter E-11Scope of practiceExclusive use of nameProhibition on holding outStamp or seal of professional licensee (engineering)Stamp or seal of professional licensee (geoscience)Non-application of provisions to professional licenseesRegister for professional licenseesEligibility for registrationApplication for registrationRegistration as professional licenseeEvidence of registrationRegulation-making authority3

ENGINEERING AND GEOSCIENCEPROFESSIONS ACT8686.186.286.386.31RSA 2000Chapter E-11FeesAnnual licenceApplication of ActPractice prohibitionsInjunctionPart 8ASET, Joint Boards and Committees, ProfessionalTechnologists and Other ASET Members86.4DefinitionsDivision 1ASET86.586.68787.187.287.387.487.41Corporation continuedCapacity and powersASET CouncilASET RegistrarASET Council membersASET regulationsASET bylawsConsultation with Ministers requiredDivision 2Joint Boards and 989.189.2Establishment of joint boards and committeesPublic appointees to joint boards and committeesGovernance of joint boards and committeesPowers of the Joint Practice Review BoardJoint Practice Review Board appointeesAppeal to Joint Appeal BoardJoint Appeal BoardJPT Regulations Committee authorityConsultation with Ministers requiredResolving disputesJoint Board of ExaminersJoint Discipline CommitteeJoint Investigative CommitteeDivision 3Professional Technologists89.389.489.5Scope of practiceUse of titleStamp or seal4

ENGINEERING AND GEOSCIENCEPROFESSIONS 491.591.692Non-application of provisions to professional technologistsRegister for professional technologistsRegistration as professional technologist and scope of practiceEvidence of registrationJoint Board of Examiners to consider applicationsRegistration of ASET permit holdersAnnual certificateEntries in registersList of registrants open to the publicCancellation on requestReview by the Joint Appeal BoardCancellationApplication of disciplinary provisionsUse of stamps, seals and permit numbersExemption from municipal licenceLiability to othersDivision 4Other ASET 3.59494.1RegistersRegistration of regulated membersEvidence of registrationAnnual certificateEntries in registersList of registrants open to the publicCancellation on requestASET Board of ExaminersApproval by the ASET Board of ExaminersReview by the ASET Appeal BoardASET Practice Review BoardPowers of the ASET Practice Review BoardAppeal to ASET Appeal BoardASET Appeal BoardDivision 5Discipline of Regulated Members94.294.394.4ASET Discipline CommitteeASET Investigative CommitteeApplication of Part 5 to regulated members of ASETDivision 6General94.5RSA 2000Chapter E-11ASET Registrar’s certificate5

ENGINEERING AND GEOSCIENCEPROFESSIONS ACTSection 195RSA 2000Chapter E-11Protection from liabilityDivision 7Prohibitions and Penalties95.19696.1Practice prohibitionsInjunctionOnus of proofPart 9Prohibitions and Penalties9797.197.29899100Practice prohibitionsUse of names and abbreviations relating togeology and geophysicsInjunctionPenaltiesOnus of proofName changePart 10Transitional provisions101102103Existing registrationsUse of titles and stamps relating togeology and geophysicsTransitional regulationsHER MAJESTY, by and with the advice and consent of theLegislative Assembly of Alberta, enacts as follows:Definitions1 In this Act,(a) “Appeal Board” means the Appeal Board established undersection 18;(a.1) “ASET Council” means the Council continued under section87;(b) “Association” means the Association of ProfessionalEngineers and Geoscientists of Alberta;(c) “Board of Examiners” means the Board of Examinersestablished under section 30;(d) “certificate holder” means6

Section 1ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11(i) a joint firm, and(ii) a restricted practitioner;(e) “Council” means the Council of the Association;(f) “Court” means the Court of Queen’s Bench;(g) “Discipline Committee” means the Discipline Committeeestablished under section 45;(h) “Investigative Committee” means the InvestigativeCommittee established by the Council pursuant to section46;(i) “Joint Board” means the Joint Board of Practiceunder section 1 of Schedule 8 to the GovernmentOrganization Act;(i.1) “Joint Councils Committee” means the committeeestablished by section 1.1;(j) “joint firm” means a firm to which a certificate ofauthorization has been issued under section 35;(k) “licensee” means an individual who holds a licence underthis Act but does not include a professional licensee;(l) “member of the Association” means a person who isregistered as a professional member or a member of a classor category of membership established under this Act;(m) “member of the public” means, in sections 14, 15 and 30, aperson who is(i) a Canadian citizen or who is lawfully admitted toCanada for permanent residence,(ii) a resident of Alberta, and(iii) not a professional member of the Association;(n) “member-in-training” means engineer-in-training orgeoscientist-in-training, as the case may be;(o) “Minister” means the Minister determined under section 16of the Government Organization Act as the Ministerresponsible for this Act;7

Section 1ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11(p) “permit holder” means a partnership or other association ofpersons or a corporation that holds a permit under this Actbut does not include an ASET permit holder as defined insection 86.4;(q) “practice of engineering” means(i) reporting on, advising on, evaluating, designing,preparing plans and specifications for or directing theconstruction, technical inspection, maintenance oroperation of any structure, work or process(A) that is aimed at the discovery, development orutilization of matter, materials or energy or in anyother way designed for the use and convenience ofhumans, and(B) that requires in that reporting, advising, evaluating,designing, preparation or direction the professionalapplication of the principles of mathematics,chemistry, physics or any related applied subject, or(ii) teaching engineering at a university;(r) “practice of geoscience” means(i) reporting, advising, evaluating, interpreting, processing,geoscientific surveying, exploring, classifying reservesor examining related to any activity(A) that relates to the earth sciences or the environment,(B) that is aimed at the discovery or development of oil,natural gas, coal, metallic or non-metallic minerals,precious stones, other natural resources or water orthat is aimed at the investigation of surface orsubsurface conditions of the earth, and(C) that requires, in that reporting, advising, evaluating,interpreting, processing, geoscientific surveying,exploring, classifying reserves or examining, theprofessional application of the principles ofmathematics, chemistry, physics or biology throughthe application of the principles of geoscience,or(ii) teaching geoscience at a university;(s) repealed 2011 c3 s3;8

Section 1ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11(t) “Practice Review Board” means the Practice Review Boardestablished under section 15;(u) “profession” means the profession of engineering orgeoscience, as the case may be;(v) “professional engineer” means an individual who holds acertificate of registration to engage in the practice ofengineering under this Act but does not include(i) a professional licensee (engineering), or(ii) a professional technologist as defined in section 86.4(m);(w) “professional geoscientist” means an individual who holds acertificate of registration to engage in the practice ofgeoscience under this Act but does not include(i) a professional licensee (geoscience), or(ii) a professional technologist as defined in section 86.4(m);(x) repealed 2011 c3 s3;(x.1) “professional licensee” means a professional licensee(engineering) or a professional licensee (geoscience);(x.2) “professional licensee (engineering)” means an individualwho holds a certificate of registration and an annual licenceto engage in the practice of engineering within the scope ofpractice specified by the Board of Examiners;(x.3) “professional licensee (geoscience)” means an individualwho holds a certificate of registration and an annual licenceto engage in the practice of geoscience within the scope ofpractice specified by the Board of Examiners;(x.4) repealed 2011 c3 s3;(y) “professional member” means a professional engineer orprofessional geoscientist;(z) “Registrar” means the Registrar appointed under section 13;(aa) “restricted practitioner” means a registered architect underthe Architects Act who holds a certificate of authorizationunder this Act.RSA 2000 cE-11 s1;2007 c13 s2;2011 c3 s39

Section 1.1ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11Joint Councils Committee1.1(1) There is established a Joint Councils Committee composedof an equal number of members from the Executive Committees ofthe Council and ASET Council appointed respectively by theCouncil and ASET Council.(2) The purposes of the Joint Councils Committee are to(a) discuss proposed amendments to this Act and new orproposed amendments to any regulations made under thisAct;(b) provide a forum for discussion, collaboration andco-ordination with respect to matters of mutual interest tothe Association and ASET;(c) perform any other function prescribed by this Act or anyregulation made under this Act, or by agreement of theCouncil and ASET Council.(3) The Joint Councils Committee shall meet and its procedureshall be governed by rules established by agreement of the Counciland ASET Council.(4) The Council and ASET Council may, by agreement, alter thecomposition of the Joint Councils Committee described insubsection (1).2007 13 s3;2011 c3 s4Part 1Scope of PracticeExclusive scope of the practice of engineering2(1) Except as otherwise provided in this Act, no individual,corporation, partnership or other entity, except a professionalengineer, a licensee so authorized in the licensee’s licence, a permitholder so authorized in its permit or a certificate holder soauthorized in the certificate holder’s certificate, shall engage in thepractice of engineering.(2) No individual, corporation, partnership or other entity, shallengage in both the practice of engineering and the practice ofarchitecture as defined in the Architects Act, or hold out that it isentitled to engage in both the practice of engineering and thepractice of architecture unless it holds a certificate of authorizationunder this Act or the Architects Act permitting it to do so.10

Section 2ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11(3) A professional engineer, licensee, permit holder or joint firmmay engage in the practice of surveying other than land surveyingas defined in the Land Surveyors Act.(4) Subsection (1) does not apply to the following:(a) a person engaged in the execution or supervision of theconstruction, maintenance, operation or inspection of anyprocess, system, work, structure or building in the capacityof contractor, superintendent, foreman or inspector or in anysimilar capacity, when the process, system, work, structureor building has been designed by and the execution orsupervision is being carried out under the supervision andcontrol of a professional engineer or licensee;(b) a person engaged in the practice of engineering as anengineer-in-training or engineering technologist in thecourse of being employed or engaged and supervised andcontrolled by a professional engineer, licensee, permitholder or certificate holder;(c) repealed 2007 c13 s4;(d) a person who in accordance with an Act or regulation inrespect of mines, minerals, pipelines, boilers and pressurevessels, building codes or safety codes for buildings isengaged in any undertaking or activity required under orpursuant to that Act or the regulations under that Act;(e) a person who, on the person’s own property and for theperson’s sole use or the use of the person’s domesticestablishment, carries out any work that does not involve thesafety of the public;(f) a member of the Canadian Forces while actually employedon duty with the Forces;(g) a person engaged or employed by a university whosepractice of the profession consists exclusively of teachingengineering at the university.(5) A restricted practitioner is not authorized by the operation ofsubsection (1) to engage in the practice of engineering beyond thescope of the practice that is specified in the register.(6) Subsection (1) does not apply to a person if the person engagesin(a) planning, designing or giving advice on the design of or onthe erection, construction or alteration of or addition to,11

Section 2ENGINEERING AND GEOSCIENCEPROFESSIONS ACTRSA 2000Chapter E-11(b) preparing plans, drawings, detail drawings, specifications orgraphic representations for the design of or for the erection,construction or alteration of or addition to, or(c) inspecting work or assessing the performance of work undera contract for the erection, construction or alteration of oraddition toa building set out in subsection (7).(7) The buildings referred to in subsection (6) are the following:(a) a building, 3 storeys or less in height, for assemblyoccupancy or institutional occupancy that,(i) in the case of a single storey building, has a gross area of300 square metres or less,(ii) in the case of a 2 storey building, has a gross area of 150square metres or less on each floor, or(iii) in the case of a 3 storey building, has a gross area of 100square metres or less on each floor;(b) a building for residential occupancy that(i) is a single family dwelling, or(ii) is a multiple family dwelling, containing 4 dwellingunits or less;(c) a building, 3 storeys or less in height, for residentialoccupancy as a hotel, motel or similar use that,(i) in the case of a single storey building, has a gross area of400 square metres or less,(ii) in the case of a 2 storey building, has a gross area of 200square metres or less on each floor, or(iii) in the case of a 3 storey building, has a gross area of 130square metres or less on each floor;(d) a building, 3 storeys or less in height, for warehouse,business and personal services occupancy, for mercantileoccupancy or for industrial occupancy that,(i) in the case of a single storey building, has a gross area of500 square metres or less,12

ENGINEERING AND GEOSCIENCEPROFESSIONS ACTSection 3RSA 2000Chapter E-11(ii) in the case of a 2 storey building, has a gross area of 250square metres or less on each floor, or(iii) in the case of a 3 storey building, has a gross area of 165square metres or less on each floor;(e) a building that is a farm building not for public use;(f) a relocatable industrial camp building.RSA 2000 cE-11 s2;2007 c13 s4Exclusive use of name engineer3(1) No individual, corporation, partnership or other entity, excepta professional engineer, licensee or permit holder entitled to engagein the practice of engineering, shall(a) use(i) the title “professional engineer”, the abbreviation “P.Eng.” or any other abbreviation of that title,(i.1) repealed 2011 c3 s5,(ii) the word “engineer” in combination with any othername, title, description, letter, symbol or abbreviationthat represents expressly or by implication that theindividual, corporation, partnership or other entity is aprofessional engineer, licensee or permit holder,or(b) represent or hold out, expressly or by implication,

Chapter E-11 ENGINEERING AND GEOSCIENCE PROFESSIONS ACT 5 89.6 Non-application of provisions to professional technologists 90 Register for professional technologists 90.1 Registration as professional technologist and scope of practice 90.2 Evidence of registration 90.3 Joint Board of Examiners to consider applications

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