Bill 81 (Legislature 6, Session 4)

L6 S4 8992

Alberta — Bills

BILL No. 81 of 1930.

An Act to amend and consolidate The Engineering Profession Act. (Assented to , 1930.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Engineering Profession Act, 1930." 2.

In this Act, unless the context 'otherwise requires (CL) "Association" shall mean the Association of Reg istered Professional Engineers of Alberta; (b) "Board" shall mean the board of examiners appoint ed by the Senate as hereinafter provided; (c) "Council" shall mean the executive council of the association; (d) "Member" shall mean a registered member of the association; (e) "President" shall mean the president of the asso ciation; (f) "Registered Professional Engineer" shall mean any person registered or licensed as a professional engin eer under the provisions of this Act; (g) "Professional Engineering" shall include reporting on, advising on, valuating, surveying for, designing and directing the construction of, or the engineering inspection of, any of the works or processes set forth in

schedule "A" hereto or such works or pro cesses omitted therefrom which are similar to those set forth in

schedule "A" by reason of their requir ing the skilled and professional application of the principles of mathematics, physics, mechanics, hy draulics, electricity, chemistry, or geology in their development and attainment, and shall include such reporting, advising, valuation, surveying, designing, directing or inspecting by any person under the general supervision of a registered professional engineer, but shall not include the execution or supervision of works as contractor, foreman, super intendent, inspector, roadmaster, trackmaster, bridgemaster, building-master, watermaster or

2 superintendent Df maintenance, wherever such wQrk has been designed by and is done under the reSPQn sible supervisiQn Df a prQfessional engineer; (h) "Registrar" shall mean the rl~gistrar of the associa- tiQn; . (i) "Secretary" shall mean the secretary or the see retary-treasurer Df the association; (j) "Senate" shall mean the Senate Qf the University of Alberta; (k) "Vice-President" shall mean the vice-president of the association. 3.

The association heretofore established and institut{!d under the name Df "The AssDciatiDn IQf PrQfessiQnal Engin eers Qf Alberta" is hereby cQntinued as a bQdy corpQrate and politic under the same name and by the same name shall have perpetual succession and a common seal, which it may at pleasure change, and may sue and be sued, contract and be contracted with, and may acquir1e by gift, purchase or otherwise, and may sell, mortgage, lease or otherwise dis PQse Df, real or personal prQperty fDr the purpDse of carry ing intD effect and Df promDting the Dbjects and designs IDf the said cDrporatiDn. 4.-

(1) The assDciation may pass by-laws nDt incDnsis- tent with the provisions of this Act respecting (

a) the election of the council ; (

b) the gDvernment and discipliine Df the members; (

c) the management Df its property; (

d) the appointment Df such Dfficers as may be neces sary for carrying lOut the purpQses of the assDcia tiDn; (

e) the maintenance Df the associatiDn and the fixing and cDllecting Df annual and other fees; (

f) the admissiDn Df candidate!s tD the practice and prDfessiDn Df a professiDnal engineer; (

g) the time, place and cIOn duct IDf the annual and other meetings of the association; . (

h) all such Dther matters as may be deemed necessary lOr cDnvenient for the management of the associa tion and the promotion of its welfare or the conduct of its business.

(2) No by-law or amendment theretD framed by the CDun cil shall become effective until it has been ratified by tWD thirds of the members Qf the assQciatiQn in good standing and voting thereon: Provided that no such by-laws or amendments thereto shall be valid Dr take effect until apprDved by the Lieuten ant GDvernor in Council.

3 5.~

(1) Professional engineering shall for the ,purpose of examination and representation upon the council only, be subdivided into the following branches: civil engineering, electrical engineering, mechanical engineering and mining engineering.

(2) New branches shall be formed on petition of membel'3 £md ratification by the association at a general meeting thereof. 6. No person except a member of the association or a person who has received a license from the council so to do, shall practise professional engineering within the Prov ince or shall take and use the designation of "Registered Professional Engineer" or any abbreviation thereof or hold himself out or advertise himself as a "Registered Pro fessional Engineer": Provided that- (

n) Nothing in this Act shall apply to anyone registered as an architect under any Act of the Province re lating to the practice of architecture where the }Jl'actice of such person is confined to architecture; and nothing in this Act shall apply to any Provin cial 01' Dominion Land Surveyor practising his pro fession except that such surveyor or architect shall· not style 01' hold himself out as a professional engin eer unless he is registered or licensed under the provisions of this Act; (

b) The provisions of this Act shall not apply to any mcmbcl' of Ilis Majesty's Naval, Military or Air Forces while actually employed on duty with such forces; (

c) Nothing in this Act shall be construed as altering or affecting any provision or regulation of or made under any Act of the Province relating to mines or public highways; (

d) Nothing in this Act shall be construed as prevent ing the carrying on by any person on his own prop erty of any work for the sole use of himself and his domestic establishment; nor the designing, construc tion or installing by any person of appliances, works or plants of a value not exceeding five thousand dol lars where such work does not involve the safety of the general public. 7. The following persons shall be entitled, subject to the conditions in this

section set out, to be registered as mem bers of the association, that is to say: (

a) AllY person who is a registered member of an asso ciation of engineers having the same or similar powers in any other Province of the Dominion of Canada, and produces to the board a certificate of membership in good standing in such other associa tion and an application for transfer of registry in dorsed by the propel' officer of such other associa tion;

4 (

b) Any person who makes application to the council for registration and in the opinion of the board possesses qualifications similar to those demanded by this Act by reason of experience, training or ex amination by some other examining body; (

c) Any person who passes the examinations and com plies with the other requirements set out in sections 18 and 19 of this Act. 8. The following persons shall, subject to the conditions hereinafter set forth, be entitled to obtain from the regis trar a license to practise pl'ofe3sional engineering and to use the title of and be designated as a Registered Profes sional Engineer until the first day of January in the year succeeding the year in which the lieence is issued or the prior determination of the license by the council: (

a) Any registered member of an association of engin eers having the same or similar powers in some other Province in the Dominion of Canada, who produces to the council a certificate of membel'shiip of good standing in such other association and pays such fee as may be prescribed by the by-laws of the association; (

b) Any person not cOIning within the provisions of the next preceding paragraph, who produces evidenee of his qualifications satisfactory to the council. 9. No firm of partners, corporation or association of persons as such shall be registered as a member of the as sociation or be licensed as a registered professional engineer. 10.-

(1) The affairs of the association shall be man aged by a council, which shall consist of a president, vice president and councillors as hereinafter set forth.

(2) The number of the council shall be determined by by-law: Provided that each branch shall have continuous equal representation. 11.-

(1) The president shall be elected annually by the association and shall hold ofllce until his successor is elected.

(2) He shall act as presiding officer at the meetings of the council and of the association, and shall vote only when votes are evenly divided.

(3) The vice-president shall be elected annually by the association and shall have all the powers of the president during the absence of the latter from any cause whatever.

(4) The last past president shall be a member of the council for the following year.

(5) Each branch of the association shall elect an equal number of councillors, but not less than two.

(6) The councillor for the first year after the first annu al meeting from each branch receiving the largest number of votes at that election shall hold office for two years.

(7) Each branch shall annually thereafter elect council lors for a two-year term.

(8) In the event of a member of the council vacating his seat for any cause whatsoever, the remaining members uf the council shall appoint a member of the association from the same branch to fill the vacancy until the next regu lar election of councillors. 12.-

(1) A registrar shall be elected by ballot by the council as soon as possible after the first annual election of the council, and biennially thereafter.

(2) The registrar shall be the executive officer of the association under the direction of the council and shall have such powers as are necessary for the proper administration and enforcement of the provisions of this Act and the by laws made thereunder. 13.-

(1) Each member shall pay in advance to the sec retary or any person deputed by the council tOo receive it, such annual fee as may be determined by the by-laws of the association, which fee shall be deemed to be a debt due by the member to the association and shall be recoverable with the costs of same in the name of the council in any court of competent jurisdiction.

(2) If any member omits to pay the prescribed annual fee within six months of the date upon which it became due, the registrar may cause the name of such member to be erased from the register, and such member shall there upon cease to be entitled to practise as a registered profes sional engineer, but shall, at any time thereafter, upon pay ing such fee as may be prescribed by the council, be entitled to all his rights and privileges as a member from the time of such payment. 1"1.-

(1) A register of all registered professional engin eers, showing the dates of their certificates, shall be kept, and a list of registered professional engineers in good stand ing shall be published each year in The Alqe1'ta Gazette on or before the fifteenth day of February.

(2) Every certificate of registration or licence shall be signed by the president and the registrar, and shall bear the seal of the association.

(3) Every person registered under this Act shall have a seal, supplied by the council at his expense, with which he shall stamp all official documents and plans. ::15. The certificate of the registrar under the seal of the association shall be IJ1"imn facie evidence of membership of the association or licence, or non-registration or nOI1- possession of licence, as the case may be.

6 16.-

(1) The board shall inspect all diplomas, certifi cates, and credentials presented or given in evidence for the purpose of obtaining admission to examination, and may require the holder of such credentials to attest to them by oath or affidavit in any matter involved in his application.

(2) If such evidence is not satisfactory to the board, it shall refuse to admit such candidate to examination for registration. 17.-

(1) Every applicant for membership not qualified under paragraphs (

a) and (

b) of

section 7 of this Act shall, in addition to complying with the requirements of that sec tion, pass such examinations as may be approved by the Senate.

(2) The Senate shall appoint a board of examiners for the purpose of conducting such examinations. 18.-

(1) Regular examinations of candidates for regis tration shall be held at Edmonton or such other place or places as the Senate may direct.

(2) The scope of the examinations and the methods of procedure shall be prescribed by the Senate with special reference to the applicant's ability to carryon the particular branch or branches of professional engineering which he desires to practise in the Province.

(3) Every candidate for examination shall give at least one month's notice in writing to the registrar of his inten tion to present himself for examination and with such notice shall forward the fee prescribed by the by-laws of the aS80- ciation and before receiving his certificate of registration the prescribed entrance fee, the prescribed annual fee and a sum of not more than five dollars for the publication of his name in The Albe1'ta Gazette.

(4) In case the candidate should fail in his examination he may present himself at any subsequent regular examina tion by paying the prescribed examination fee. 19.-

(1) Notwithstanding any other provision of this Act, no person shall be registered or licensed unless he is at least twenty-one years of age, and unless he has been 'en gaged for eight years in some branch of engineering in the works set out in

schedule "A," except in the case of a gradu ate from an engineering college or university approved by the Senate, in which case the period of engagement in eng:in eering work shall be reduced to six years (which may in clude his term of instruction), two of which at least shall have been spent in practical engineering work.

(2) Any person passing the examinations hereinbefore provided for, and otherwise qualifying, and failing to reg ister within one year of the date of so passing the examina tion, shall lose any right of registration that has accrued to him by reason of passing such examination.

7 DISCIPLINE. ~O.-(

l) The council may, at its discretion, reprimand, suspend or expel from the association any member guilty of any disgraceful conduct in a professional respect, of gross negligence, or of a gross and continued breach of the by-laws of the association, or who has been convicted of a criminal offence by any court of competent jurisdiction: Provided that no account shall be taken 'of a convictioh for an offence, which, though within the provisions of this section, does not either from the trivial nature of the offence or from the circumstances under which it was committed, disqualify a person from practising professional engineer ing.

(2) The council shall not take any such action until a complaint under oath has been filed with the registrar and a copy thereof forwarded to the party accused.

(3) The council shall not suspend or expel a member without having previously summoned him to appear to be heard in his defence, nor without having heard evidence under oath offered in support of the complaint and on behalf of the member.

(4) The president of the council or person acting as such in his absence, or the registrar, is hereby authorized to ad minister oaths in such cases. ~:1.-

(1) Any member so suspended or expelled may, within thirty days after the order or resolution of suspen sion or expUlsion, appeal to a judge of the Supreme Court from such order or resolution, giving seven days' notice of appeal to the council, and may require the evidence taken to be filed with the proper officer of the Court, whereupon such judge shall decide the matter of appeal upon the evidence so filed and confirm or set aside such sU3pension or expul sion, without any further right of appeal; and if the sus pension or expUlsion be confirmed, the costs of such appeal shall be in the discretion of the judge.

(2) Unless the order or resolution of suspension is set aside on such appeal, or the judge or the council otherwise orders, the member so suspended or expelled shall not prac tise further, except (in case of suspension) upon expiry of the period of suspension.

(3) Pending an appeal the member so suspended or ex pelled shall not practise as a registered professional engin eer. ~~. Any person who, not being a registered professional engineer in the Province, or who being suspended or having been expelled under the proceedings of the next preceding section- «(() Assumes verbally or otherwise the title of registered professional engineer, or makes use of any abbre viations of such title, or of any name, title, addition,

8 description or designation which may lead to the belief that he is a registered professional engineer, or a member of the association, or that he is a per·· son specially qualified to practise in any of the branches of professional engineering hereinbefore mentioned; (

b) advertises himself as such in any way or by any means; or (

c) acts in such manner as to cr~~ate or induce in the mind of any reasonable person the belief that he is authorized to fulfil the offilce of or to act as a registered professional engincer- shall be liable on

summary conviction to a fine of not less than fifty dollars, nor more than one hundred dollars, and for any subsequent offence to a fine of not less than one hundred dollars, nor more than two hundred dollars. 23. Where 110 other provisions ar~~ made herein, every person guilty of violating any of the provisions of this Act or of the by-laws made thereundEir, shall be liable to a fine of not more than one hundred dollars, recoverable with costs under the provisions of the law respecting

summary convictions. 24.

Where any person, after being convicted under this Act, or not being a registered professional engineer, uses or purports to use the designation or title of registered pro fessional engineer, or holds himself out as such, the associa tion may apply to a judge of the Supreme Court for an in junction restraining such person from using,. attempting or purporting to use such designation or title, and such judge or Court shall, on being satisJfied that such person has so been convicted, or has used, or attempted or pur ported to use such designation or title in the Province, grant the said inj unction. 25.

If any person wilfully procures or attempts to pro cure himself to be registered or licensed under this Act, by making or procuring, or causing to be made or procured, any false or fraudulent representations or declarations, either verbal or in writing, he, and every person knowingly aiding or assisting him therein, shall be liable on

summary conviction thereof to a tine of one hundred dollars. 26. No prosecution shall be commenced for any offence against this Act after one year from the date of the com mission of the offence.

SCHEDULE A. (Section 2 (g).) Transportation work, roads, railways, waterways, and all detail works connected therewith, such as bridges, tun nels, yards, docks, lighthouses, roIling-stock and vessels, also aeroplanes and airships. Public utility workS", such as telegraph systems, telephone systems, electric light systems, waterworks, gasworks, irri gation ""orks, drainage works, sewerage works and incin erators. Steel, concrete, reinforced concrete structures.

Mechanical works, such as steam boilers, engines, tur bines, condensers, pumps, internal conlbustion engines, and other motive power machinery and accessories. Electrical machinery and apparatus and works for the development, transmis~ion, and application of all forms of electrical energy. :J.\1ining and metallurgical works, such as mining proper ties, mine and concentrator machinery and apparatus, oil and gas wells, smelters, cyanide plants, acid plants, metal lurgical machinery, equipment and apparatus, and works necessary for the economical winning or preparation of metals, minerals .01' rocks.

All buildings and structures necessary for the proper housing or operation of the above mentioned works. The mechanical, electrical, chemical, electro-chemical mining, or metallurgical treatment of the inorganic elements and combinations thereof fmc' all industrial purposes. Investigations relating to the examination, exploration and development of rocks and minerals, mineral deposits, rock structures and the application of geology to the indus tries of arts, or to engineering.

No. 81 FOURTH SESSION SIXTH LEGISLATURE 20 GEORGE V 1930 BILL

An Act to amend and consolidate The Engineering Profession Act. Received and read the First time .... '" ............ . Second time .................. . Third time ................... . HON. MR. BROWNLEE EDMONTON: W. D. MCLEAN, KING'S PRINTER .A.D. 1930 Title: 1930 (6th, 4th) Bill 81,

An Act to amend and consolidate The Engineering Profession Act

Document details

Collection	Alberta — Bills
Citation	L6 S4 8992
Type	bill
Volume / chapter	L6 S4 8992
Language	en
Format	json
Source	PROVINCIAL
Identifier	b8ee189bef787b04a85d45bace9e818871f71d53

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