Bill 26 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 26 the Engineering, Geological and Geophysical Professions Act (Legislature 19, Session 3)

L19 S3 3898

Alberta — Bills

1981 BILL 26 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 THE ENGINEERING, GEOLOGICAL AND GEOPHYSICAL PROFESSIONS ACT THE MINISTER OF HOUSING AND PUBLIC WORKS First Reading ............................................ '/l' .. ~ .. , . , ....... " ....... . Second Reading .................................. ".,. II, ", .. . j •• (.,. IOJ-.·.····· Committee of the Whole .................................................. . Third Reading ......................... .'L ••. _ •. ,!., .. , ....... , ...... : ............ . Royal Assent ................................................................ .

THE ENGINEERING, GEOLOGICAL AND GEOPHYSICAL PROFESSIONS ACT TABLE OF CONTENTS

Definitions

PART 1 SCOPE OF PRACTICE Exclusive scope of the practice of engineering Exclusive use of name engineer Application of Act to architects Exclusive scope of the practice of geology Exclusive use of name geologist Exclusive scope of the practice of geophysics Exclusive use of name geophysicist Injunction

PART 2 ASSOCIATION Association of Professional Engineers, Geologists and Geophysicists Powers of Association Council Registrar Council members Practice Review Board Powers of the Practice Review Board Appeal to Council Regulations By-laws

PART 3 REGULATIONS AND BY-LAWS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

PART 4 REGISTRATION Registers and membership records Registration as professional member Registration as licensee Registration of permit holders Evidence of registration Annual certificate Entries in registers List of registrants open to the public Cancellation on request Board of Examiners Approval by the Board of Examiners Review by the Council Joint firms Approval by Joint Board Registration of joint firm Duties of joint firm Restricted practitioner Exemption from seal requirement Cancellation Cancellation of a joint firm Cancellation of restricted practitioners

PART 5 DISCIPLINE 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

Definitions 41 Complaints 42 Determination of unprofessional conduct and unskilled practice 43 Discipline Committee 44 Preliminary investigation 45 Notice of preliminary investigation 46 Evidence for preliminary investigation 47 Report to the Discipline Committee 48 Termination of investigation 49 Duty of Discipline Committee 50 Further investigation 51 Suspension pending investigation and hearing 52 Right to counsel 53 Proceedings in camera 54 Evidence 55 Witnesses and documents 56 Enforcement of attendance and production of documents 57 Failure to give evidence 58

Finding by the Discipline Committee Powers of the Discipline Committee Order to pay costs or a fine Service of written decision Suspension pending appeal Appeal to Council Time of appeal Powers of the Council on appeal Appeal to the Court Appeal to the Court of Appeal Order for stay pending appeal Material in support of appeal Power of a court on appeal Cancellation of falsely obtained registration Surrender of certificates Misrepresentation of status Publication Use of stamp or seal Liability to others Registrar's certificate Protection from liability

PART 6 GENERAL

PART 7 PROHIBITIONS AND PENALTIES Practice prohibitions Penalties Onus of proof

PART 8 TRANSITIONAL AND CONSEQUENTIAL Registration continued Council members continued Appl.ic~tions for registration continued DIscIplIne proceedings continued Amends

chapter 58 of the Statutes of Alberta. 1980 Amends

chapter 62 of the Revised Statutes of Alberta 1970 Amends

chapter 13 of the Statutes 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88

of Alberta, 1975(2) Amends

chapter 115 of the Revised Statutes of Alberta 1970 Amends

chapter 192 of the Revised Statutes of Alberta 1970 Amends

chapter 207 of the Revised Statutes of Alberta 1970 Amends

chapter 246 of the Revised Statutes of Alberta 1970 Amends

chapter 85 of the Statutes of Alberta, 1973 Amends

chapter 388 of the Revised Statutes of Alberta 1970 Repeals

chapter 124 of the Revised Statutes of Alberta 1970 89 90 91 92 93 94 95 96

Definitions Bill 26 BILL 26 1981 THE ENGINEERING, GEOLOGICAL AND GEOPHYSICAL PROFESSIONS ACT (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) " Association" means the Association of Professional En gineers, Geologists and Geophysicists of Alberta; (b) "Board of Examiners" means the Board of Examiners es tablished under

section 29; (c) "certificate holder" means (

i) a joint firm, and (ii) a restricted practitioner; (d) "Council" means the Council of the Association; (e) "Court" means the Court of Queen's Bench; (f) "Discipline Committee" means the Discipline Committee established under

section 44; (g) •• Joint Board" means the Joint Board of Practice established under The Department of Housing and Public Works Act; (h) "joint firm" means a firm to which a certificate of author ization has been issued under

section 34; 0). "licensee" means an individual who holds a licence under this Act;

(i. 1 ) "member of the public" means a person who is (

i) a Canadian citizen or who is lawfully admitted to Canada for permanent residence, (ii) a resident of Alberta, and (iii) not a member of the Association; (j) "member-in-training" means engineer-in-training, geolo gist-in-training or geophysicist-in-training, as the case may be; (k) "Minister" means the Minister of Housing and Public Works; (1) "permit holder" means a partnership or other association of persons or a corporation that holds a permit under this Act; (m) "practice of engineering" means (

i) reporting on, advising on, evaluating, designing, pre paring plans and specifications for or directing the construc tion, technical inspection, maintenance or operation of any structure, work or process (

A) that is aimed at the discovery, development or uti lization of matter, materials or energy or in any other way designed for the use and convenience of man, and (

B) that requires in the reporting, advising, evaluating, designing, preparation or direction the professional ap plication of the principles of mathematics, chemistry, physics or any related applied subject, or (ii) teaching engineering at a university; (n) "practice of geology" means (

i) reporting, advising, evaluating, interpreting, geological surveying, sampling or examining related to any activity (

A) that is aimed at the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, pre cious stones, other natural resources or water or that is aimed at the investigation of geological conditions, and (

B) that requires in that reporting, advising, evaluating, interpreting, geological surveying, sampling or examin ing, the professional application of the principles of the geological sciences, or (ii) teaching geology at a university; 2

(0) "practice of geophysics" means (

i) reporting on, advising on,. acquiring, processin~, evalu ating or interpreting geophysical data, or geophysical sur veying that relates to any activity (

A) that is aimed at the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals or precious stones or other natural resources or water or that is aimed at the investigation of sub-surface conditions in the earth, and (

B) that requires in that reporting, advising, evaluating, interpreting, or geophysical surveying, the. profe~sional application of the principles of the geophysical SCiences, or (ii) teaching geophysics at a university; (p) "Practice Review Board" means the Practice Review Board established under

section 15; (q) "profession" means the profession of engineering, geology or geophysics, as the case may be; (r) "professional engineer" means an individual who holds a certificate of registration to engage in the practice of engineering under this Act; (s) "professional geologist" means an individual who holds a certificate of registration to engage in the practice of geology under this Act; (t) "professional geophysicist" means an individual who holds a certificate of registration to engage in the practice of geophysics under this Act; (u) "P!ofessional ~ember" means a professional engineer, profeSSIOnal geologist or professional geophysicist registered as a member of the Association pursuant to this Act; (V) "Registrar" means the Registrar appointed under

section 13; (w) "res~ricted practitioner" means a registered architect under The Archrtects Act. 1980 who holds a certificate of authorization under thi s Act.

Exclusive scope of the practice of engineering

PART 1 SCOPE OF PRACTICE 2(1) Except as otherwise provided in this Act, no individual, cor poration, partnership or other entity, except a professional engineer, a licensee so authorized in his licence, a pennit holder so authorized in its pennit or a certificate holder so authorized in his certificate shall engage in the practice of engineering.

(2) No individual, corporation, partnership or other entity, may engage in both the practice of engineering and the practice of architecture as defined in The Architects Act, 1980, or hold out that it is entitled to engage in both the practice of engineering and the practice of architecture unless it holds a certificate of authorization under this Act or The Architects Act, 1980 pennitting it to do so.

(3) A professional engineer, licensee, pennit holder or joint finn may engage in the practice of surveying other than land surveying as defined in The Land Surveyors Act, 1981. (4) Subsection (1) does not apply to the following: (

a) a person engaged in the execution or supervision of the construction, maintenance, operation or inspection of any pro cess, system, work, structure or building in the capacity of con tractor, superintendent, foreman or inspector or in any similar capacity, when the process, system, work, structure or building has been designed by and the execution or supervision is being carried out under the supervision and control of a professional engineer or licensee; (

b) a person engaged in the practice of engineering as an en gineer-in-training, technician or technologist in the course of his being employed or engaged and supervised and controlled by a professional engineer, licensee, pennit holder or certificate holder; (

c) a member of a class of persons designated in the regulations as a technician or technologist as defined in the regulations; (

d) a person who in accordance with

an Act or regulation in respect of mines, minerals, pipelines or boilers and pressure vessels is engaged in any undertaking or activity required under or pursuant to that Act or the regulations under that Act; (

e) a person who, on his own property and for his sole use or the use of his domestic establishment, carries out any work that does not involve the safety of the general public; (

f) a member of the Canadian Forces while actually employed on duty with the Forces.

(5) A restricted practitioner is not authorized by the operation of subsection (1) to engage in the practice of engineering beyond the scope of the practice that is specified in the register. (6) Subsection (1) does not apply to a person if he engages in (

a) planning, designing or giving advice on the design of or on the erection, construction or alteration of or addition to, (

b) preparing plans, drawings, detail drawings, specifications or graphic 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 under a contract for the erection, construction or alteration of or addition to a building that is a building in a category or type of building described in The Alberta Uniform Building Standards Act as set out in sub section (7).

(7) The categories or types of buildings referred to in subsection (6) are the following: (

a) a building, 3 storeys or less in height, for assembly occu pancy or institutional occupancy that, (

i) in the case of a single storey building, has a gross area of 300 square metres or less, (ii) in the case of a 2 storey building, has a gross area of 150 square metres or less on each floor, or (iii) in the case of a 3 storey building, has a gross area of 100 square 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 dwelling units or less; (

c) a building, 3 storeys or less in height, for residential occu pancy as a hotel, motel or similar use that, (

i) in the case of a single storey building, has a gross area of 400 square metres or less, (ii) in the case of a 2 storey building has a gross area of 200 square metres or less on each floo~, or (iii) in the case of a 3 storey building has a gross area of 130 square metres or less on each floor';

Exclusive use of name engineer (

d) a building, 3 stor~ys or less in height, for warehouse, busi ness and personal servIces occupancy, for mercantile occupancy or for industrial occupancy that (

i) in the case of a single storey building has a gross area of 500 square metres or less, (ii) in the case of a 2 storey building has a gross area of 250 square metres or less on each floor, or (iii) in the case of a 3 storey building has a gross area of 165 square metres or less on each floor; (

e) a building that is a farm building not for public use; (

f) a relocatable industrial camp building. 3 No individual, corporation, partnership or other entity, except a professional engineer, licensee, permit holder or joint firm entitled to engage in the practice of engineering, shall (

a) use (

i) the title "professional engineer" or any abbreviation of that title, or (ii) the word "engineer" in combination with any other name, title, description, letter, symbol or abbreviation that represents expressly or by implication that he is a professional engineer, licensee or permit holder, (

b) represent or hold out, expressly or by implication, that or (

i) he is entitled to engage in the practice of engineering, or (ii) he is a professional engineer, licensee, permit holder or joint firm, (

c) affix the stamp or seal of a professional engineer, licensee or permit holder or permit that stamp to be affixed, to a plan, drawing, detail drawing, specification or other document or a reproduction of any of them unless (

i) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the supervision and control of, and (ii) the stamp is affixed with the knowledge and consent or in accordance with the direction of .6

Holding out by joint finn Exclusive scope of the practice of geology Exclusive usc of name geologist the professional engineer or licensee to whom ?r the permit holder or joint finn to which the stamp or seal was Issued. 4 A joint finn (

a) may hold itself out as "engineers and architects" or •• architects and engineers" only if it has both professional en gineers and registered architects as partners or shareholders in an arrangement that is satisfactory to the Council and the council of The Alberta Association of Architects; (

b) shall not hold itself out as "engineers and architects" or •• architects and engineers" if the registered architects or profes sional engineers are employees only and not partners or share holders, or if the partnership or shareholding arrangement is not satisfactory to the Council or the council of The Alberta Asso ciation of Architects. 5(1) Subject to subsection (2), no individual, corporation, partner ship or other entity, except a professional geologist, a licensee so authorized in his licence and a pennit holder so authorized in the pennit, shall engage in the practice of geology. (2) Subsection (1) does not apply to the following: (

a) a person engaged in the practice of geology as a geologist in-training, geological technician or technologist in the course of his being employed or engaged and supervised and controlled by a professional geologist, licensee or permit holder; (

b) a member of a class of persons designated in the regulations as a geological technician or technologist as defined in the re gulations; (

c) a person who, as a prospector, is engaged in any activities that are normally associated with the business of prospecting; (

d) a member of the Canadian Forces while actually employed on duty with the Forces. 6 No ~ndividual, ~orporation, partnership or other entity, except a professlOna~ geologIst or a licensee or pennit holder entitled to engage 10 the practIce of geology shall (

a) use (

i) t~e title • 'professional geologist" or any abbreviation of that tItle, or (ii) the. word "geologist" in combination with any other name, tItle, description, letter, symbol or abbreviation that represe.nts e.xpressly or by implication that he is a professional geologIst, hcensee or permit holder, or

Exclusi ve scope of the practice of geophysics Exclusive use of name geophysicist Injunction (

b) represent or hold out, expressly or by implication, that (

i) he is entitled to engage in the practice of geology, or (ii) he is a professional geologist, licensee or permit holder. 7(1) Subject to subsection (2), no individual, corporation, partner ship or other entity, except a professional geophysicist, a licensee so authorized in his licence or a permit holder so authorized in the permit, shall engage in the practice of geophysics. (2) Subsection (1) does not apply to the following: (

a) a person engaged in the practice of geophysics as a geo physicist-in-training, geophysical technician or technologist in the course of his being employed or engaged and supervised and controlled by a professional geophysicist, licensee or permit holder; (

b) a member of a class of persons designated in the regulations as a geophysical technician or technologist as defined in the regulations; (

c) a person who is engaged in the routine maintenance of geo physical equipment, or if carried out under the supervision and control of a professional geophysicist, the routine operation, re duction or plotting of geophysical observations; (

d) a member of the Canadian Forces while actually employed on duty with the Forces. 8 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 (

i) the title "professional geophysicist" or any abbreviation of that title, or (ii) the word "geophysicist" in combination with any other name, title, description, letter, symbol or abbreviation, that represents expressly or by implication that he is a professional geophysicist, licensee or permit holder, (

b) represent or hold out, expressly or by implication, that (

i) he is entitled to engage in the practice of geophysics, or (ii) he is a professional geophysicist, licensee or permit holder. 9 The Court, on application by the Council by way of originating s

Association of Professional Engineers, Geologists and Geophysicists Power, of Association Council notice, may grant an injunction enjoining any: person ,from doing any act or thing that contravenes this Part, notwIt~stan~1Og any penalty that may be provided by this Act or the regulatIons 10 respect of that act or thing.

PART 2 ASSOCIA TION 1 O( 1) The Association of Professional Engineers, Geologists and Geophysicists of Alberta is continued as a corporation.

(2) The abbreviated form of the name of the Association shall be A.P.E.G.G.A. or APEGGA.

(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 rep resents expressly or by implication that he is a member of or con nected in any way with the Association. 11 In addition to the powers vested in it by this Act, the Association has the power expressed in

section 16 of The

Interpretation Act, 1980 and the power to (

a) acquire and hold real property and sell, lease or otherwise dispose of it, and (

b) borrow money for the purposes of the Association and mort gage or charge real or personal property of the Association or its sources of funds as security. 12( 1) There is hereby established a governing body of the Asso ciation 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. (3). The Counci~ shall submit annually to the Minister in a form satl~factory to hIm a report on those matters of the business and affairs of the Association that the Minister requires. (-+) T~e. Minist~r shall, upon receipt of the annual report of the ASS~cI~tI.on, 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 ensuing sitting. 13 The Council shall appoint a Registrar for the purposes of this Act.

Council members 14(1) Subject to subsection (2), the Council shall include the presi dent, 2 vice-presidents, the immediate past-president and at least 12 other professional members, the number of which shall be prescribed by the by-laws, each of whom shall be elected by the professional members at the time, in the manner and for the period provided for in the by-laws.

(2) The Council shall consist of (

a) at least 16 professional members among whom there shall be not less than (i) 2 professional engineers, (ii) 2 professional geologists, and (iii) 1 professional geophysicist, and (

b) when the total number of elected professional members does not exceed 20,2 members of the public, or when the total number of elected professional members is more than 20 but not more than 30, 3 members of the public, who shall be appointed by the Minister, after consultation with the Association, for a 1 year term of office.

(3) A member of the Council appointed under subsection (2)(

b) continues to hold office after the expiry of his term of office until he is reappointed or his successor is appointed.

(4) The Minister may, after consultation with the Council, revoke the appointment of a member of the Council made under subsection (2)(b) .

(5) The Minister may pay to a member of the Council appointed under subsection (2)(

b) travelling and living expenses incurred by that member for his attendance at any meeting of the Council while away from his usual place of residence and fees in an amount pre scribed by the Minister.

(6) The powers, duties and operations of the Council under this Act, the regulations and the by-laws are not affected by (

a) the fact that no member of the public is appointed as a member of the Council pursuant to subsection (2)(b), (

b) the revocation of the appointment of a member of the public, or (

c) the resignation from the Council of a member of the pUblic.

(7) The failure of a member of the public appointed pursuant to subsection (2)(

b) to attend a meeting of the Council shall not be construed to affect or restrict the Council from exercising at that 1..Q.

Practice Review Board meeting any powers or performing any duties under this Act, the regulations or the by-laws. 15( 1) There is hereby established a board called the Practice Review Board consisting of not less than 5 members as follows: (

a) the Council shall appoint not less than 4 professional mem bers who have a combination of knowledge and experience suit able for determining the academic qualifications and experience necessary for a person to continue to engage in the practice of the profession of engineering, geology or geophysics; (

b) the Minister shall appoint 1 member of the public nominated by the Council.

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make a nomination for the purposes of subsection (1 )(b), the Minister may appoint a member of the public to the Practice Review Board without the Council's nomination.

(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 attendance at a hearing of the Board away from his 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 by-laws are not affected by (

a) the fact that no member of the public is appointed as a member of the Board pursuant to subsection (1 )(b), (

b) the revocation under subsection (4) of the appointment of a member of the public, or (

c) the resignation as a member of the Board of a member of the pUblic.

(6) The failure of a member of the public appointed under subsection ( I )(

b) to attend a meeting of the Board shall not be construed to affect o~ restrict the ~oard from exercising any powers or performing any ~utles under thIS Act, the regulations or the by-laws at that meetmg. Pov.ers of the 16 Practice RC\ICW ( 1) The Practice Review Board Board ~ a) ~ha~L on its own initiative or at the request of the Council, mqUIre mto (

i) the assessment of existing and the development of new

educational standards and experience requirements that are conditions precedent to obtaining and continuing registration under this Act, (ii) th~ evaluation of d~sirable standards of competence of professIonal members, hcensees, permit holders and certifi cate holders generally, (iii) the practice of the profession by professional members licensees, permit holders or certificate holders generally, and (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 (

b) may, with the approval of the Council, conduct a review of the practice of a professional member, licensee, permit holder or certificate holder in accordance with this Act and the regulations.

(2) The Board shall report to and advise the Council with respect to any matter dealt with by it pursuant to subsection (1).

(3) A person requested to appear at an inquiry under this

section by the Board is entitled to be represented by counsel.

(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 60 or 61.

(5) The provisions of

Part 5 with respect to an investigation and hearing by the Discipline Committee apply to a review of an indi vidual practitioner by the Practice Review Board.

(6) The Board may at any time during an inquiry or review under this

section recommend to the Discipline Committee that the inquiry or review be conducted by the Discipline Committee pursuant to

Part 5.

(7) On receiving a recommendation under subsection (6) the Dis cipline Committee may proceed with an investigation and hearing under

Part 5 as if the recommendation were a written complaint.

(8) After each inquiry under this

section the Board shall make a written report to the Council on the inquiry and. may make ~ny recommendations to the Council that the Board conSIders appropnate in connection with the matter inquired into, with reasons for the recommendations.

(9) The Council may, if it considers it to be in the public interest to do so, direct that the whole or any portion of an inquiry by the Board under this

section shall be held in camera. 12

Appeal to Council 17 A professional member, licensee, permit holder or certificate holder who is the subject of a hearing or a review by the Practice Review Board may appeal any decision or order of the Board to the Council as if it were a decision or order of the Discipline Committee under

Part 5. Regulations

PART 3 REGULATIONS AND BY-LAWS 18( 1) The Council may make regulations (

a) respecting the establishment of categories of and conditions respecting the enrolment of engineers-in-training, geologists-in training, geophysicists-in-training, examination candidates and students; (

b) respecting the academic qualifications of and experience re quirements for applicants for registration as professional engi neers, geologists or geophysicists; (

c) governing the evaluation by the Council, the Board of Ex aminers, the Practice Review Board or a committee established by any of them of the academic qualifications of and experience requirements for applicants for registration to engage in the prac tice of engineering, geology or geophysics and the examination of those applicants with respect to those qualifications or requirements; (

d) respecting the eligibility of applicants generally for registra tion to engage in the practice of engineering, geology or geophysics; (

e) respecting the powers, duties and functions of the Practice Review Board, including but not limited to the referral of matters by that Board to the Councilor the Discipline Committee and appeals from decisions of that Board; (e. 1) prescribing the number of members that constitutes a quo rum of the Council, the Practice Review Board the Board of Examiners or the Discipline Committee; , (

t) governing the establishment of boards or committees of professional ~embers and respecting the delegation of powers of t~e CouncIl to those boards or committees or the Practice RevIew Board; (

g) prescribing technical standards for the practice of the profession;

(

h) establishing and providing for the publication of a code of ethics respecting the practice of the profession, the maintenance of the dignity and honour of the profession and the protection of the public interest; (

i) governing the names under which professional members, li censees, permit holders and certificate holders may engage in the practice of the profession; (

j) governing, subject to this Act, the operation and proceedings of the Board of Examiners and the Practice Review Board, the designation of chairman and vice-chairman, the appointment of acting members and the procedures for filling vacancies in the offices of chairman and vice-chairman and in the membership of either Board, and the appointment of ex officio members of either Board and prescribing their powers, duties and functions; (

k) respecting the procedures of the Discipline Committee, of the Practice Review Board and of the Council in matters relating to the conduct or practice of professional members, licensees, permit holders or certificate holders, whether or not a complaint has been made; (1) respecting the establishment by the Council of a compulsory continuing education program for professional members and licensees; (

m) governing the publication of a notice of the suspension or cancellation of the registration of a professional member, licen see, permit holder or certificate holder in a form and manner prescribed by the Council; (

n) respecting committees of inquiry for reinstatement under

Part 5; (n.

l) for the purposes of sections 2(3), 5(2) and 7(2), (

i) designating a class of persons as technicians or technol ogists, and (ii) defining technician and technologist; (0) establishing classes or categories of professional engineers, geologists or geophysicists and licensees or permit holders and prescribing the restrictions of practice and the privileges and obligations of the classes or categories so established; (

p) respecting the use of stamps and seals; (

q) governing the eligibility for registration of persons, ?rms, partnerships and other entities as permit holders or certIficate holders; 14

By-laws (

r) governing the operation of permit holders or certificate holders; (

s) governing the publicatio~ o! information ~ith ,respect to the profession including but not hmlted to the pubhcatlOn of surveys of fees; (

t) respecting registration, licensing, the issu,ing of per,mits ,and certificates, disciplinary matters and the practice of engIneenng, geology and geophysics generally,

(2) A regulation under subsection (1) does not come into force unless it has been approved by (

a) a majority of the professional members and (

i) present and voting at a general meeting, or (ii) voting in a mail vote conducted in accordance with the by-laws, (

b) the Lieutenant Governor in Council, 19( 1) The Council may make by-laws (

a) for the government of the Association and the management and conduct of its affairs; (

b) determining the location of the head office of the Association; (

c) respecting the calling of and conduct of meetings of the Association and the Council; (

d) respecting the nomination, election, number and term of office of Council members and officers of the Association and the appointment of individuals as ex officio members of the Council, the Discipline Committee, the Practice Review Board, the Board of Examiners and any other committee established by the Council and prescribing their powers, duties and functions; (d, 1) prescribing those areas of the professions of engineering, geology and geophysics from which members of the Board of Examiners shall be appointed by the Council; (

e) respe~ting t,he appointment, functions, duties and powers of an Executive Director of the Association; (

f) respecting the establishment of divisions and sections of the Association and their operation; (

g) providing for the division of Alberta into electoral districts

and prescribing the number of Council members to be elected from each district; (

h) providing for the appointment of an Acting Registrar who has all of the powers and can perform all of the duties of the Registrar under this Act, the regulations and the by-laws when the Registrar is absent, or unable to act or when there is a vacancy in the office of Registrar; (

i) establishing classes or categories of membership in the As sociation in addition to professional engineers, professional ge ologists and professional geophysicists and prescribing the rights, privileges and obligations of the classes or categories of mem bership so established; (

j) providing for the appointment of acting members of the Coun cil and procedures for the election or appointment of professional members to fill vacancies on the Council; (

k) prescribing the number of professional members that con stitutes a quorum at meetings of the Association; (1) governing the establishment, operation and proceedings of committees, the appointment of members of committees, the appointment of acting members and procedures for filling va cancies on committees and the delegation of any powers or duties of the Council under the Act, regulations or by-laws to a com mittee established by the Councilor under this Act; (

m) prescribing fees and expenses payable to members of the Association for attending to the business of the Association; (

n) respecting the establishment and payment of sums of money for scholarships, fellowships and any other educational incentive or benefit program that the Council considers appropriate; (0) governing the information to be engraved on stamps and seals by professional members, licensees, permit holders and certificate holders; (

p) respecting the fixing of fees, dues and levies payable to the Association; (

q) respecting the costs payable by any person on the conclusion of a hearing or review by the Practice Review Board or under

Part 5; (

r) respecting the establishment, content and maintenance of registers of professional members, licensees, permit holders a,nd certificate holders and of records of other classes or categones of membership to be kept by the Registrar; (

s) respecting the removal from the registers and records of any

Registers and membership records memorandum or entry made in them under this Act or the by laws; (

t) requiring professional members, licensees, permit holders and certificate holders to inform the Registrar in writing of their current mailing addresses and of any change of address forthwith after the change occurs; (

u) prescribing the form of a certificate of registration, a licence, a permit, a certificate of authorization and an annual certificate.

(2) The Council may make by-laws respecting the holding of mail votes on any matter relating to the Association, but a by-law 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 by-law under subsection (1) does not come into force unless it is approved by a majority of the professional members (

a) present and voting at a general meeting, or (

b) voting by a mail vote conducted in accordance with the by laws.

(4) The Regulations Act does not apply to by-laws of the Association made under this section.

PART 4 REGISTRATION 20( 1) ~he Registr~r sh~ll maintain, in accordance with the by-laws and subject to the dIrectIOn of the Council a register for each of the following: ' (

a) professional engineers; (

b) professional geologists; (

c) professional geophysicists; (

d) licensees to engage in the practice of (

i) professional engineering, (ii) professional geology, or (iii) professional geophysics; (

e) permit holders to engage in the practice of .. .,

Registration as professional member Registration as licensee Registration of permit holders (

i) professional engineering, (ii) professional geology, or (iii) professional geophysics; (

f) joint firms; (

g) restricted practitioners.

(2) The Registrar shall enter in the appropriate register the name of a person who has paid the fee prescribed under the by-laws, and (

a) whose registration to engage in the practice of (

i) engineering, as a professional engineer or licensee, (ii) geology, as a professional geologist or licensee, or (iii) geophysics, as a professional geophysicist or licensee has been approved by the Board of Examiners, (

b) whose registration to engage in the practice of the profession as a permit holder has been approved by the Council, or (

c) whose registration to engage in the practice of engineering has been approved (

i) in the case of a joint firm, by the Council, or (ii) in the case of a restricted practitioner, in accordance with

section 36.

(3) The Registrar shall maintain, in accordance with the by-laws and subject to the direction of the Council, a membership record of the members in each class or category of membership established under the regulations and the by-laws. 21 The Board of Examiners shall approve for registration as a professional engineer, professional geologist or professional geo physicist an individual who has applied to the Board and is eligible in accordance with this Act and the regulations to become a profes sional engineer, geologist or geophysicist, as the case may be. 22 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, geology or geophysics as a licensee. 23( 1) The Council shall approve the registration as a permit holder of a partnership or other association of persons, or of a corporation 18

Evidence of registration incorporated or registered under The Co.mpan~es Act, that has applied to the Council and is eligible under thIS

sectIOn and the regulations to become registered to engage in the practice of engineering, geology or geophysics as a permit holder.

(2) A partnership or other association of person~ or a corporation that applies to the Council is eligible t? become ~egIst~red as a permit holder entitled to engage in the practIce of engIneenng, geology or geophysics if it satisfies the Council that it complies with the Act and the regulations. 24{ 1) On entering the name of a professional engineer, geologist or geophysicist in the register, the Registrar shall issue to him (

a) a certificate of registration, and (

b) a stamp or seal engraved as prescribed in the by-laws.

(2) On entering the name of a licensee in the register, the Registrar shall issue to him (

a) a licence to engage in the practice of engineering, geology or geophysics as a licensee as authorized in the licence, and (

b) a stamp or seal engraved as prescribed in the by-laws.

(3) On entering the name of a permit holder in the register, the Registrar shall issue to it (

a) a permit to engage in the practice of engineering, geology or geophysics as a permit holder as authorized in the permit, and (

b) a stamp or seal engraved as prescribed in the by-laws.

(4) On entering the name of a joint firm in the register, the Registrar shall issue to it (

a) a certificate of authorization to engage in the practice of engineering and architecture, and (

b) a stamp engraved as prescribed in the by-laws.

(5) On. entering the name of a restricted practitioner in the register, the RegIstrar shall issue to that individual a certificate of authorization ~o eng~ge i~ the restricted scope of the practice of engineering that IS specIfied In the certificate.

(6) A c~rtifi.cat: of registration, a licence, a permit or a certificate ?f authonza~lOn Issued under this

section entitles the holder to engage In the practl~e of en~ineering, geology or geophysics, as the case may be, subject to thIS Act, the regulations and by-laws. 2S(

I) A profes~ional me~ber, licensee, permit holder or certific~te holder engaged In the practIce of engineering, geology or geophysICs "IQ

Entries in registers List of registrants open to the public Cancellation on request shall pay to the Association the annual fee prescribed under the by laws.

(2) The Registrar shall issue an annual certificate in accordance with the by-laws to a professional member, licensee, permit holder or certificate holder (

a) whose registration is not under suspension, and (

b) who has paid the annual fee.

(3) Subject to this Act, an annual certificate entitles the professional member, licensee, permit holder or certificate holder to engage in the practice of engineering, geology or geophysics, as the case may be, during the year for which the annual certificate is issued.

(4) An annual certificate expires on December 31 of the year for which it is issued. 26(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.

(2) The Registrar shall enter a memorandum of suspension of a registration in the appropriate register indicating (

a) the duration of the suspension, and (

b) the reason for the suspension.

(3) The registration of a professional member, licensee, permit holder or certificate holder is cancelled when the decision to cancel the registration is made in accordance with this Act.

(4) The Registrar shall enter a memorandum of cancellation of registration in the appropriate register.

(5) The Registrar shall not remove from the registers any memo randum made by him under this section, except in accordance with the by-laws. 27 The Registrar shall maintain and, during regular office hours, permit any person to inspect a list of all the professional members, licensees, permit holders and certificate holders in good standing. 28( 1) The Registrar shall not cancel the registration of a professional member, licensee, permit holder or certificate holder at his request unless the request for the cancellation has been approved by the Council.

(2) When a request for cancellation of a registration is approved by the Council (

a) the Registrar shall cancel that registration, and 20

Board of Examiner~ Approval by the Board of Examiners (

b) the professional member, licens.ee, permit hold~r or c~rtif icate holder requesting the cancellatIOn shall, on bemg notified of the approval, surrende~ to the Regi~trar the certificate of registration, licence, permIt, annual certIficate and the stamp or seal issued by the Registrar. 29( 1) The Council shall establish a Board of Examiners in accord ance with the regulations.

(2) The Board of Examiners shall consider applications for the registration of applicants as professional members or licensees in accordance with this Part, the regulations and by-laws and may (

a) approve the registration, (

b) refuse the registration, or (

c) defer the approval of registration until it is satisfied that the applicant has complied with a requirement made under this section.

(3) The Board of Examiners may, in its discretion, require an ap plicant for registration (

a) to pass 1 or more examinations set by the Board, (

b) to obtain more experience of a kind satisfactory to the Board for a period set by the Board, or (

c) to pass 1 or more examinations and obtain more experience before approving the registration. 30(

I) The Board of Examiners shall approve the registration as a professional member of a person who proves to the satisfaction of the Board that (

a) he is of good character and reputation, (

b) he is a resident of Alberta, (

c) he is a Canadian citizen or lawfully admitted to Canada for permanent residence, and (

d) his education and his experience meet the requirements of the regulations and by-laws. (~) The Board of Examiners shall approve the registration as a lIce.nsee of a person who proves to the satisfaction of the Board that he IS (a) ~ resident of Alberta but is not a Canadian citizen or lawfully admitted to Canada for permanent residence, or

Review by the Council Joint Iirms (

b) a resident outside Alberta and otherwise complies with the provisions of subsection (1). 31(1) The Board of Examiners shall send a written notice of any decision made by it under this Part to the applicant.

(2) If the decision made by the Board is to refuse or defer registration of the applicant, reasons for the decision shall be sent in writing to the applicant.

(3) If the decision made by the Board is to approve the registration, the Registrar shall publish a notice of approval in accordance with the by-laws.

(4) An applicant whose application for registration has been refused by the Board of Examiners may, within 30 days of receiving a notice of refusal and the reasons for the refusal, request the Council to review the application by serving on the Registrar a written request for review by the Council setting out the reasons why, in his opinion, his registration as a professional member or licensee should be approved.

(5) The Council shall, after receipt of a request for review under this section, review the application.

(6) The applicant for registration (

a) shall be notified in writing by the Council of the date, place and time that it will consider the matter, and (

b) is entitled to appear with counsel and make representations to the Council when it considers the matter.

(7) A member of the Board of Examiners who is also a member of the Council may participate at a review by the Council under this

section but shall not vote in a decision of the Council at a review under this section.

(8) On hearing a review under this section, the Council may make any decision the Board of Examiners may make under this Part. 32(1) In this

section and sections 33 and 34, (a) "Architects Association" means The Alberta Association of Architects under The Architects Act, 1980; (b) "architects firm" means a partnership or corporation (

i) that (

A) confines its practice to providing architectural con sulting services, or 22

(

B) if it does not confine its practice to providing archi tectural consulting services, engages in a practice satis factory to the loint Board, and (ii) in which registered architects (

A) hold a majority interest, and (

B) control the partnership or corporation, and that is otherwise entitled to engage in the practice of archi tecture under The Architects Act, 1980; (c) "engineers firm" means a partnership or corporation (

i) that and (

A) confines its practice to providing engineering con sulting services, or (

B) if it does not confine its practice to providing engi neering consulting services, engages in a practice satis factory to the Joint Board, (ii) in which professional engineers (

A) hold a majority interest, and (

B) control the partnership or corporation, and that is otherwise entitled to engage in the practice of engi neering under this Act; (d) "proposed engineers and architects firm" means a partner ship or corporation (

i) that and (A) ,proposes to confine its practice to providing engi neenng consulting services and architectural consulting services, or (~), if it d?es n,ot propose to confine its practice to pro vIdmg ~ngmee~mg conSUlting services and architectural ~onsultmg servIces, proposes to engage in a practice sat Isfactory to the loint Board,

(ii) in which professional engineers and registered architects (

A) hold a majority interest, and (

B) control the partnership or corporation, and that is otherwise entitled to engage in the practice of engi neering under this Act or the practice of architecture under The Architects Act, 1980.

(2) An application for a certificate of authorization may be made by the following: (

a) a professional engineer; (

b) a registered architect; (

c) an engineers firm; (

d) an architects firm; (

e) a proposed engineers and architects firm; (

f) a partnership or corporation that is not referred to in clauses (c), (

d) or (

e) that the Joint Board considers a suitable applicant for a certificate of authorization.

(3) An applicant under subsection (2) shall (

a) if its prime activity is the provision of engineering consulting services, apply to the Council, and (

b) if its prime activity is the provision of architectural consulting services, apply to the council of the Architects Association. ~~!';ral by Joint 33(1) Every application under

section 32 shall be referred to the Joint Board by the council to which it was made, with or without comment from that council.

(2) The Joint Board shall consider with respect to each application referred to it whether (

a) the applicant is eligible to apply under

section 32(2); (

b) the applicant has at least 1 full time employee who is a professional engineer who shall take responsibility for the en gineering work of the applicant and at least 1 full time employee who is a registered architect who shall take responsibility for the architectural work of the applicant; (

c) the presence of any ownership interests in the applicant will give rise to conflicts with the professional responsibilities of the firm; 24

Registration of joint finn Duties of joint finn (

d) the granting of a certificate of authorization to the applicant will give rise to unauthorized practice or otherwise lead to cir cumvention of this Act or The Architects Act, 1980; (

e) any detriment to the public would result from the applicant becoming entitled to engage in the practice of both engineering and architecture.

(3) After considering an application for a certificate of authorization referred to it, the Joint Board shall recommend (

a) in the case of an application by a registered architect or architects firm, to the Council, (

b) in the case of an application by a professional engineer or an engineers firm, to the council of the Architects Association, or (

c) in the case of an application by a proposed engineers and architects firm or other applicant, to the Council and to the council of the Architects Association, whether or not to grant a certificate of authorization, based on the criteria considered by it under subsection (2). 34( 1) On receipt of a recommendation of the Joint Board under

section 33 the Council may approve the registration of a proposed engineers and architects firm if that firm is eligible to become registered under the regulations.

(2) When recommendations are made by the Joint Board to both the Council and the council of the Architects Association with respect to an application for a certificate of authorization, both councils must agree that the certificate should be issued and both shall sign the certificate before it is issued. (3) ~u.bject to subsection (2), an applicant is entitled to be registered as a JOInt firm when the Council approves its registration. 35( 1) A joint firm may engage in the practice of both engineering and architecture in (

a) the names of the individuals who are its partners, (

b) its corporate name, or (

c) any other name that is approved by the Council pursuant to the by-laws.

(2) A joint firm shall advise the Registrar in writing of (

a) the names of the individual shareholders directors and of-ficers of the firm, '

Restricted practitioner Exemption from seal requirement Cancellation (

b) the names of the employees who are professional engineers and registered architects, and (

c) of any change in those shareholders, directors, officers or employees forthwith after the change occurs.

(3) When a joint firm causes plans, drawings, detail drawings and specifications prepared in its practice of engineering to be signed by its proper officers and imprinted with the stamp issued to the firm, it shall also cause them to be signed by and imprinted with the stamp or seal of the professional engineer who had supervision and control over their preparation. 36(1) The Joint Board may recommend to the Council that a cer tificate of authorization be issued to an individual who is a registered architect who (

a) has historically competently provided a service in the practice of professional engineering in Alberta, and (

b) applies for the certificate within 1 year after the date of the coming into force of

section 21.1 of The Department of Housing and Public Works Act.

(2) On receipt of a recommendation under subsection (1) the Council may approve the registration of an individual who has applied to the Council and is eligible under the by-laws to become registered as a restricted practitioner.

(3) If the Council approves the registration of an individual as a restricted practitioner, it shall specify in the certificate and in the register the restricted scope of the practice of engineering in which the individual is permitted to engage. 37 On the recommendation of the Joint Board, the Council may authorize an individual who is a registered architect under The Ar chitects Act, 1980 to apply for a permit under The Alberta Uniform Building Standards Act for a building of a type described in

section 4.4 of The Alberta Uniform Building Standards Act without the final design drawings and specifications of the building having the seal of a professional engineer. 38( 1) The Council may direct the Registrar to cancel the registration of (

a) a professional member, licensee or permit holder who is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or (

b) a permit holder if it no longer has employees in compliance with this Act after the expiration of 30 days following the service on the profes sional member, licensee or permit holder of a written notice by the

Cancellation of a joint finn Council pursuant to subsection (2), unless th~ pr~fessional member, licensee or permit holder on whom 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 that notice, or (

b) evidence satisfactory to the Council has been received by it within the time prescribed in the notice indicating that the permit holder has employees in compliance with this Act.

(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.

(4) If the registration of a professional member, licensee or permit holder has been cancelled under this section, he shall forthwith sur render to the Registrar any certificate of registration, licence, permit, stamp or seal issued to him.

(5) If a registration has been cancelled pursuant to subsection (1), the Council may direct the Registrar, subject to any conditions that the Council may prescribe, to reinstate that registration in the ap plicable register and reissue the certificate of registration, licence or permit and the stamp or seal.

(6) Notwithstanding subsection (5), if a person applies to the Coun cil to be reinstated more than 7 years after the date on which his registration was cancelled, the Council shall not direct the Registrar to reinstate him.

(7) Notwithstanding subsection (6), a person whose registration has been cancelled under this

section may make an application to the ~oard of Examiners for registration as a professional member or hcensee. 39( 1) The Council may direct the Registrar to cancel the registration of a joint firm that (

a) is in d~fault of payment of annual fees or any other fees, dues or leVies payable under this Act, or (

b) c~ases to ha,,:e at least 1 professional engineer and at lea,st 1 r~glstered architect to take the responsibility referred to 10

sectIon 33(2)(

b) after th~ expira~ion of 1 month following the service on the joint firm of a ~ntte~ ~otlce that the ~ouncil intends to cancel the registration, unl~ss the JOInt firm on which the notice is served complies with the notice.

Cancellation of restricted practitioners

(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 1 professional engineer and at least 1 registered architect to take the responsibility referred to in

section 33(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 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 stamp. 40( 1) The Council may direct the Registrar to cancel the registration of a restricted practitioner who (

a) is in default of payment of annual fees or any other fees, dues or levies payable under this Act, or (

b) who is not a registered architect in good standing under The Architects Act, 1980, after the expiration of 1 month following the service on the restricted practitioner of a written notice that the Council intends to cancel the registration unless the restricted practitioner on whom 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 restricted practitioner is a registered architect in good standing under The Architects Act, 1980.

(3) If registration of a restricted practitioner has been cancelled under this section, the restricted practitioner 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 condition that the Council may prescribe, to reinstate the restricted practitioner in the applicable register and to reissue the certificate of authorization and the stamp.

Definitions Complaints Determination of unprofessional conduct and unskilled practice 41 In this Part,

PART 5 DISCIPLINE (a) "conduct" includes

an act or omission; (b) "investigated person" means a professional member, licen see, permit holder, certificate holder or member-in-training with respect to whose conduct an investigation is held under this Part, and (c) "practice of the profession" means practice of engineering, practice of geology or practice of geophysics, as the case may be. 42{ 1) A person may complain to the Registrar about the conduct of a professional member, licensee, permit holder, certificate holder or member-in-training, and the complaint shall be dealt with in ac cordance with this Part and the regulations.

(2) A complaint respecting the conduct of a professional member, licensee, permit holder or certificate holder whose registration was cancelled pursuant to this Act may, notwithstanding the cancellation, be dealt with within 2 years following the date of cancellation of the registration as if the cancellation had not occurred.

(3) Notwithstanding

section 45, a person designated by the Registrar as a mediator may assist in settling a complaint if the complainant and the person about whose conduct the complaint was made agree, but if within 30 days from the date of receipt of the complaint or a longer period agreed to by those persons a settlement of the complaint between those persons does not occur, or in the mediator's opinion is not likely to occur, the complaint shall be referred forthwith by the mediator to the Discipline Committee. 43(1) Any conduct of a professional member, licensee, permit holder, ~e~ifi~ate holde~ or member-in-training that in the opinion of the Dlsclphne CommIttee or the Council (

a) is detrimental to the best interests of the public, (

b) contravenes a code of ethics of the profession as established under the regulations, (

c) harms or tends to harm the standing of the profession generally, ~

d) display~ a lack of knowledge of or lack of skill or judgment 10 the practice of the profession, or (

e) displays a lack of know ledge of or lack of skill or judgment

Discipline Committee Preliminary investigation Notice of preliminary investigation Evidence for preliminary investigation Report to the Discipline Committee in the carrying out of any duty or obligation undertaken in the practice of the profession, whether or not that conduct is disgraceful or dishonourable, consti tutes either unskilled practice of the profession or unprofessional conduct, whichever the Discipline Committee finds.

(2) If an investigated person fails to comply with or contravenes this Act, the regulations or the by-laws, and the failure or contra vention is, in the opinion of the Discipline Committee, of a serious nature, the failure or contravention may be found by the Discipline Committee to be unprofessional conduct whether or not it would be so found under subsection (1). 44( 1) The Council shall establish a Discipline Committee the mem bers of which shall be appointed in accordance with the regulations.

(2) The Council shall make regulations governing, subject to this Part, the operation and proceedings of the Discipline Committee, the designation of a chairman, the appointment of acting members and the procedures for filling vacancies in the offices of chairman and the membership and the appointment of ex officio members, and prescribing their powers, duties and functions.

(3) A regulation made under subsection (2) does not come into force unless it has been approved by the Lieutenant Governor in Council. 45 The Discipline Committee or a person appointed by it shall forthwith upon the receipt of a complaint appoint a person to conduct a preliminary investigation with respect to the matter. 46 The Registrar shall forthwith send notice in writing to the in vestigated person that a preliminary investigation is being conducted. 47(1) A person conducting a preliminary investigation may (

a) require the investigated person to produce to him any plans, drawings, detailed drawings, specifications, reports, books, pa pers or other documents or records in the investigated person's possession or under his control, and (

b) copy and keep copies for the purposes of this Part of any of the documents or records that are produced to him.

(2) A person conducting a preliminary investigation into the conduct of a professional member, licensee, permit holder, certificate hol?er or member-in-training may investigate any other matter regardmg the conduct of the investigated person that arises in the course of the investigation. 48 The person conducting a preliminary investigation s~all, f~rth with on concluding the preliminary investigation, report hIS findmgs to the Discipline Committee.

Tennination of investigation Duty of Discipline Committee Funher investigation Suspension pending i",csugation and heanng Righi III counsel "nJ III appearance 49( 1) The Discipline Committee may terminate. th~ in~estigation at any time if it is of the opinion that the complamt IS fnvolous or vexatious.

(2) On terminating an investigation the Discipline Committee shall direct the Registrar to serve on the investig~ted person and on the complainant, if any, a notice in accordance WIth the by-laws that the investigation has been terminated.

(3) A complainant who is served with a notice under subsection (2) informing him that the investigation has been terminated may, by notice in writing to the Registrar within 30 days of receipt of the notice under subsection (2), appeal that decision to the Council.

(4) On an appeal under subsection (3), the Council shall determine whether the complaint (

a) is frivolous or vexatious, or (

b) should be referred to the Discipline Committee for a hearing in accordance with this Part, and shall notify the complainant, the investigated person and the Discipline Committee in writing of its decision. 50(1) If the investigation is not terminated under

section 49, the Discipline Committee shall hold a hearing into the complaint forthwith.

(2) 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. 51 ( 1) The Discipline Committee may also investigate and hear any ot~er matter concerning the conduct of the investigated person that anses 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 his answer to the further matter.

(2) Sections 53 to 59 apply to an investigation and hearing of a further matter under subsection (1). 52 Notwithstanding ~nyt~ing in this Act, the Discipline Committee may .suspend the regIstratIOn of a professional member, licensee, pe~It. holde~, ce0ific~te holder or member-in-training pending a pr.eh~Jnary Jnve~tlgatlOn of his conduct and a decision by the . DI~clplIne CommIttee as to that conduct. 53 ~he Association, the investigated person and the complainant, If an).' ~ay appear and be represented by counsel at a hearing before the DISCIplIne Committee.

Proceedings in camera Evidence Witnesses and documents Enforcement of attendance and production of documents 54 All proceedings under this Part except those before the Court or the Court of Appeal shall be held in camera. 55( 1) Evidence may be given before the Discipline Committee in any manner that the Committee considers appropriate, and the Com mittee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

(2) For the purposes of an investigation, hearing or review under this Act, the Registrar or any member of the Council, the Discipline Committee or the Practice Review Board is conferred with the power of a commissioner of oaths under The Commissioners for Oaths Act. 56(1) The investigated person and any other person who in the opinion of the Discipline Committee has knowledge of the complaint or any conduct being investigated is a compellable witness in any proceeding under this Part.

(2) A witness may be examined on oath on all matters relevant to the investigation or hearing and shall not be excused from answering any question on the ground that the answer might (

a) tend to incriminate him, (

b) subject him to punishment under this Part, or (

c) tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any Act or regulations under any Act, but if the answer so given tends to incriminate him, subjects him to punishment or tends to establish his liability, it shall not be used or received against him in any civil proceedings or in any proceedings under any other Act.

(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court on an application ex parte by the Association may direct the issuing of a commission for the ob taining of the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court. 57( 1) The attendance of witnesses before the Discipline Committee and the production of plans, drawings, detail drawings, specifica tions, reports, books, papers and other ~ocuments. ~r records. may be enforced by a notice issued by the RegIstrar reqUl~mg the w~tness to attend and stating the date, time and place at whIch t~e wI!neSS is to attend and the plans, drawings, detail drawings, spe~IficatI~ns, books, papers and other documents or records, if any, he IS reqUIred to produce.

Failure to give evidence Finding

b) the DIS4;ipline Commillee Po,,"cr. of the Discipline Commlllee

(2) On the written request of the investigate~person orof~iscounsel or agent, the Registrar shall without ch~rge Issue and delIver ~o that person or his counselor agent any notIces th~t he may requIre for the attendance of witnesses or the productIOn of documents or records.

(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 as are payable to witnesses in an action in the Court. SS( 1) Proceedings for civil contempt of court may be brought against a witness (

a) who fails or (

i) to attend before the Discipline Committee in compliance with a notice to attend, (ii) to produce any books, papers or other documents or records in compliance with a notice to produce them, or (iii) in any way to comply with either notice, (

b) who refuses to be sworn or to answer any question directed to be answered by the Discipline Committee.

(2) If the witness referred to in subsection (1) is the investigated person, his failure or refusal may be held to be unprofessional conduct.

(3) The Discipline Committee, on proof of service of the notice of investigation on the investigated person and the complainant, if any, may (

a) proceed with the investigation in the absence of either or both of those persons, and (

b) act ?n the matter being investigated in the same way as though eIther or both of those persons were in attendance. ~9( 1). The Discipline Committee may find that the conduct of an InvestIgated person constitutes neither unskilled practice of the profession nor unprofessional conduct. (2) .The Discipline Committee may find that the conduct of an in vestIgate~ person constitutes unskilled practice of the profession or unprofe.sslOnal conduct or both and shall deal with the investigated person In accordance with this Part. 60 If the Discipline Committee finds that the conduct of the

investigated person is unprofessional conduct or unskilled practice of the profession or both, the Discipline Committee may make any one or more of the following orders: (

a) reprimand the investigated person; (

b) suspend the registration of the investigated person for a specified period; (

c) suspend the registration of the investigated person either generally or from any field of practice until (

i) he has completed a specified course of studies or obtained supervised practical experience, or (ii) the Discipline Committee is satisfied as to the compe tence of the investigated person generally or in a specified field of practice; (

d) accept in place of a suspension the investigated person's undertaking to limit his practice; (

e) impose conditions on the investigated person's entitlement to engage in the practice of the profession generally or in any field of the practice, including the conditions that he (

i) practise under supervision, Oi) not engage in sole practice, (iii) permit periodic inspections by a person authorized by the Discipline Committee, or (iv) report to the Discipline Committee on specific matters; (

f) direct the investigated person to pass a particular course of study or satisfy the Discipline Committee as to his practical competence generally or in a field of practice; (

g) direct the investigated person to satisfy the Discipline Com mittee that a disability or addiction can be or has been overcome, and suspend the person until the Discipline Committee is so satisfied; (

h) require the investigated person to take counselling or to. ob tain any assistance that in the opinion of the Discipline CommIttee is appropriate; (

i) direct the investigated person to waive, reduce or repa~ a fee for services rendered by the investigated person that, 10 the opinion of the Discipline Committee, were not rendered or were improperly rendered; (

j) cancel the registration of the investigated person; 34

Order to pay costs or a fine Service of written decision (

k) any other order that it considers appropriate in the circumstances. 61

(1) The Discipline Committee may, in addition to or instead of dealing with the investigated person in accordance with

section 60, order that the investigated person pay (

a) the costs of the hearing in accordance with the by-laws, (

b) a fine not exceeding $10 000 to the Association, or (

c) both the costs under clause (

a) and a fine under clause (b), within the time fixed by the order.

(2) If the investigated person ordered to pay a fine, costs or both under subsection (1) fails to pay the fine, costs or both within the time ordered, the Discipline Committee may suspend the registration of that person until he has paid the fine, costs or both.

(3) A fine or costs ordered to be paid to the Association under this

section is a debt due to the Association and may be recovered by the Association by civil action for debt. 62( 1) The Discipline Committee shall, within a reasonable time after the conclusion of a hearing, make a written decision on the matter, in which it shall (

a) describe each finding made in accordance with this Part, (

b) state the reasons for each finding made, and (

c) state any order made under this Part.

(2) The Discipline Committee shall immediately forward to the Registrar (

a) the decision, and (

b) the record of the hearing, consisting of all evidence presented before it, including (

i) all exhibits, (ii) all documents and records, and (iii) a transcript. of all testimony given before it, whether recorded electromcally, mechanically or in handwritten form.

(3) The Registrar sh~ll. immediately on receiving the decision and the record of the hearIng referred to in subsection (2), serve (

a) a copy of the decision on the investigated person, and

Suspension or cancellation pending appeal Appeal to Council (

b) a notice of the nature of the decision on the complainant, if any.

(4) The investigated person or his counselor agent may examine the record or any part of the record of the proceedings and hear any recording or examine any mechanical or handwritten form of record of any testimony. 63(1) Notwithstanding an appeal under this Part, the Discipline Committee may' order that its decision remain in effect until the time that the CouncIl, the Court or the Court of Appeal, as the case may be, makes its decision on the appeal.

(2) An investigated person may, by filing an originating notice with the Court and serving a copy on the Registrar, apply for an order of the Court staying the decision of the Discipline Committee pending the determination of the appeal.

(3) The Court may hear an application made under this

section not less than 10 days after the originating notice has been served on the Registrar.

(4) On hearing an application made under this

section the Court may, subject to any conditions that it considers proper, stay the decision of the Discipline Committee pending the determination of the appeal. 64(1) An investigated person may appeal to the Council (

a) a finding made by a Discipline Committee in accordance with

section 59, (

b) any order of the Discipline Committee under

section 60 or 61, or (

c) a finding referred to in clause (

a) and an order referred to in clause (b).

(2) An appeal under subsection (1) shall be commenced by a written notice of appeal that shall (

a) describe the finding or order appealed from, (

b) state the reasons for the appeal, and (

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. (3) .The Registrar shall, on receiving a notice of appeal under sub sectIOn (2), give the Council a copy of the notice of appeal and make the record of the hearing available to each member of the Council.

Time of appeal Powers of the Council on appeal AppeaJ to the Coon 65( 1) The Council, on receiving a notice of appeal under

section 64, shall serve on the investigated person a notice of hearing of an appeal stating the date, time and place that the Council will hear the matters appealed.

(2) The Council shall hear an appeal forthwith. 66( 1) A member of the Discipline Committee who is also a member of the Council may participate in an appeal before the Council but shall not vote in a decision of the Council on the appeal.

(2) The Council on an appeal may do any or all of the following: (

a) grant adjournments of the proceedings or reserve the deter mination of the matters before it for a future meeting of the Council; (

b) receive further evidence on granting special leave for that purpose; (

c) draw inferences of fact and make a determination or finding that in its opinion ought to have been made by the Discipline Committee; (

d) order that the matter be referred back to the Discipline Committee.

(3) Sections 53 to 59, 62 and 63 apply to the hearing of an appeal by the Council.

(4) The Council shall forthwith after the date of the conclusion of all proceedings before it, (

a) make any finding as to the conduct of the investigated person that in its opinion ought to have been made by the Discipline Committee, (

b) quash, vary or confirm the finding or order of the Discipline Committee or substitute or make a finding or order of its own, or (c) ~efer t~e ~atter back to the Discipline Committee for furth~r conslderatIOn m accordance with any direction that the CouncIl may make.

(5) The Council may ord~r the investigated person to pay the costs of the appeal determmed m accordance with the by-laws. 67( ~) An investigated person. may appeal to the Court on mixed questIOns ?f law and fact relatmg to any finding or order made by the Councll under

section 66. ~~) Th~ Association shall be the respondent in an appeal under subsectIOn (1) and may make representations to the Court.

Appeal to the Court of Appeal Order for stay pending appeal Material in support of appeal

(3) An appeal under this

section shall be commenced (

a) by filing an originating notice with the clerk of the Court, and (

b) by serving a copy of the originating notice on the Registrar, both within 30 days from the date that the decision of the Council is served on the investigated person.

(4) An appeal under this

section shall be dealt with by the Court as a new trial. 68(1) An investigated person may appeal to the Court of Appeal on a question of law relating to any finding or order made by the Council under

section 66.

(2) The Association shall be the respondent in an appeal under subsection (1) and may make representations to the Court of Appeal.

(3) An appeal under this

section shall be commenced (

a) by filing a notice of appeal with the Registrar of the Court of Appeal in Edmonton or Calgary, and (

b) by serving a copy of the notice of appeal on the Registrar, both within 30 days from the date on which the decision of the Council is served on the investigated person. 69 The appellant may, after commencing an appeal and on notice to the Registrar, apply to the Court or the Court of Appeal, as the case may be, for an order staying all or any part of the order or decision of the Council appealed. 70( 1) An appeal under

section 67 or 68 shall be supported by copies, certified by the Registrar, of the decision of the Council and the record of the appeal before the Council.

(2) The Registrar, on being paid any disbursements and expenses in connection with a request made by the appellant or his solicitor or agent, shall furnish to the appellant or his solicitor or agent the number of copies so requested of the documents mentioned in sub section (1). ~~:~~~:llhe court 71(1) The Court or the Court of Appeal on hearing the appeal may do any or all of the following: (

a) make any finding that in its opinion ought to have been made; (

b) quash, confirm or vary the order or decision of the Council or any part of it; 38

Fraudulent registration Surrender of certificates Misrepresentation of status Publication (

c) refer the matter back to the Council for further consideration in accordance with any direction of the Court or the Court of Appeal.

(2) The Court or the Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate. 72(

I) 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 his registration be cancelled.

(2) The provisions of this Part respecting the procedures of the Discipline Committee apply to a hearing held by the Council under subsection (1). 73(1) If the registration of a professional member, licensee, permit holder or certificate holder has been cancelled or suspended under this Part, he shall forthwith surrender to the Registrar any certificate, licence, permit, stamp or seal issued to him.

(2) If the registration of a professional member, licensee, permit holder or certificate holder has been cancelled under this Part, the registration shall not be reinstated in the register except by order of the Council, the Court or the Court of Appeal.

(3) No order shall be made under subsection (2) within 1 year after (

a) the date on which the registration was cancelled, or (

b) if an order was granted staying the imposition of a punish ment imposed by the Council and the punishment is later con firmed by the Court or the Court of Appeal, the date on which the Court or the Court of Appeal made its order confirming the punishment.

(4) A member of the Council who is a member of a committee of inquiry appointed pursuant to the regulations to consider an appli cation under this Part for reinstatement of registration may participate in or vote at any proceedings of the Council under this section, and the Registrar and the Association's solicitor may participate in those proceedings. 74 The conduct of a person who is or was registered as a profes sional member, licensee, permit holder or certificate holder who represents or holds out that he is registered and in good standing while. his registrati~n is suspended or cancelled may be dealt with as bemg unprofessIOnal conduct in accordance with this Part. 75 After.a finding or order is made by the Discipline Committee, the Council,. the ~ourt or the Court of Appeal under this Part, t~e name o.f the mvestlgated person may be published in accordance With regulations.

Use of stamp or seal Liability to others Registrar's certificate

PART 6 GENERAL 76( 1) A professional member, licensee or restricted praCtItIOner shall sign and stamp or seal all documents or records in accordance with the regulations,

(2) No person other than a professional member, licensee, permit holder or certificate holder shall use a stamp or seal issued by the Registrar under this Act. 77(1) The relationship between a permit holder or certificate holder engaged in the practice of engineering, geology or geophysics 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 his client.

(2) The relationship of a professional member or licensee to a permit holder, whether as member, shareholder or employee of the permit holder, does not affect, modify or diminish the application of this Act, the regulations and by-laws (

a) to him personally as a professional member or licensee, or (

b) to the relationship between the professional member and his client. 78( 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, (

a) a professional member, licensee or certificate holder, or (

b) an officer of the Association or a member of the Council shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature.

(2) A certificate purporting to be signed by the Registrar and stating that a named corporation, partnership or other association of persons was or was not, on a specified day or during a specified period, a permit holder or certificate holder shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature, Protection from 79 liability

(1) No action lies against (

a) any person conducting a preliminary investigation, a member

Practice prohibition, of the Discipline Committee, the Practic~ Review Board, the Councilor the Board of Examiners, the RegIstrar, the Association or any person acting on the instructions of any of them, or (

b) any member, officer or employee of the Association for anything done by him in good faith and in purporting to act under this Act, the regulations or the by-laws.

(2) No action for defamation may be founded on a communication that consists of or pertains to a complaint regarding the conduct of a professional member, licensee, permit holder, certificate holder or member-in-training, if the communication is published to or by (

a) the Association, (

b) a member of the Council, the Discipline Committee, the Practice Review Board or the Board of Examiners, (

c) a person conducting a preliminary investigation, (

d) an officer or employee of the Association, or (

e) a person acting on the instructions of any of them in good faith in the course of investigating the complaint or in the course of any proceedings under

Part 5 relating to the complaint.

PART 7 PROHIBITIONS AND PENALTIES SO( 1) ~ person whose registration as a professional enginee~, profeSSIOnal geologist, professional geophysicist, licensee, perrmt holder or ce~ificate holder is cancelled or suspended under this ~ct s~all ~ot, ~Ithout the consent of the Council, engage in the p~actIce ot ~ng,meenng, ge?logy or geophysics, as the case may be, or dlre,ctly or mdlrectly associate himself or itself in the practice of engineenng, geol~gy or geophysics with any other professional member, licensee, permit holder or certificate holder.

(2) No 'p~ofes~ional engineer, professional geologist, professional geophY,slclst, lIcensee, permit holder or certificate holder shall, ex cep~ wlt~ the consent of the Council, associate in the practice of ~ng:neenng,. geology or geophysics, as the case may be, directly or mdlrectly ~'Ith ,or employ in connection with his practice a person whose registration has been cancelled or suspended under this Act.

(3) The Cou~cil may permit a professional member, licensee, peJ1!1it holder or certificate holder to employ in connection with his practice a person whose registration has been cancelled or suspended under A ..

Penalties Onus of proof Registration continued this Act, but the employment shall be in the capacity and subject to the terms and conditions that are prescribed by the Council. 81(1) Every person and every member, officer, employee or agent of a firm, partnership or other association of persons and of a cor poration who contravenes

Part 1, sections 28(2)(b), or 38(4) or this

Part is guilty of an offence and liable on

summary conviction (

a) for the 1st 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.

(2) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. 82 In a prosecution under this Act, the burden of proving that a person is a professional engineer, professional geologist, professional geophysicist, licensee, permit holder or certificate holder is on the accused.

PART 8 TRANSITIONAL AND CONSEQUENTIAL 83(1) In this Part, "former Act" means The Engineering and Re lated Professions Act, being

chapter 124 of the Revised Statutes of Alberta 1970.

(2) An individual who holds a certificate of registration as a registered member under

section 23 of the former Act is deemed to be a professional engineer, professional geologist or professional geophysicist, as the case may be, and the holder of an annual cer tificate under this Act.

(3) A permit holder that holds a permit under

section 22 of the former Act is deemed to be a permit holder and the holder of a permit under this Act.

(4) An individual who holds a certificate of registration as a licensee under

section 23 of the former Act is deemed to be a licensee and the holder of a licence under this Act.

(5) A joint firm that holds a certificate of authorization under

section 20.4 of the former Act is deemed to be a certificate holder under this Act.

(6) A restricted practitioner who holds a certificate of authorization

Council members continued Applications for registration continued Di.cipline proceedings continued Amends 1980 c58 Amends RSA 1970 cb~ under

section 20.7 of the former Act is deemed to be a certificate holder under this Act.

(7) The Registrar shall, in the appropriate register established pur suant to this Act, (

a) register the names of those individuals referred to in sub section (2) and the names of those permit holders referred to in subsection (3), and (

b) unless the Council otherwise directs in a particular case, register the names of those individuals and firms referred to in subsections (4), (5) and (6). 84 The members of the council of the Association elected under the former Act are deemed to be members of the Council under this Act, elected for the same periods and holding the same offices. 85 An application for registration made but not concluded before the coming into force of this Act shall be dealt with under the former Act. 86 Any complaints or discipline proceedings that were commenced but not concluded before the coming into force of this Act shall be concluded under the former Act as though this Act had not come into force. 87 The Architects Act. 1980 is amended by striking out "The En gineering and Related Professions Act'· wherever it occurs in the following provisions and substituting "The Engineering.

Geological and Geophysical Professions Act" :

section 3( 1), (2) and (3);

section 17( 1);

section 18( 2). 88 The Condominium Property Act is amended in

section 8( l)(b) (

a) by striking out "The Engineering and Related Professions Act'· w~erever it appears and substituting . 'The Engineering. Geological and Geophysical Professions Act'·, and (

b) in su~cla.use (iv) by striking out "professional engineering" and subsfltutl11g "the practice of engineering". Amends 1'175(2) 89 Th D cl.' ..e epartment of Housing and Public Works Act is amended 1I1

sectIOn ~ I: 1 (

J) as enacted by

section 78 of The Architects Act, 1980 by st~lkl~g out' 'The Engineering and Related Professions Act" and SU~Stltutl11g . 'The Engineering. Geological and Geophysical ProfeSSIOns Act'· . Amend, RSA 1970 90 ,II~ The ~:ainage D.istricts Act is amended in

section 27(3) by strik- ing our The Engl11eering and Related Professions Act" and

Amends RSA 1970 cl92 Amends RSA 1970 c207 Amends RSA 1970 c246 Amends 1973 c85 Amends RSA 1970 c388 Repeals RSA 1970 cl24 Coming into force substituting ''The Engineering, Geological and Geophysical Professions Act" . 91 The Irrigation Act is amended in

section 39(5) by striking out 'The Engineering and Related Professions Act" and substituting "The Engineering, Geological and Geophysical Professions Act" . 92 The Licensing of Trades and Businesses Act is amended in

section 3(

b) by striking out "The Engineering and Related Profes sions Act" and substituting "The Engineering, Geological and Geo physical Professions Act" . 93 The Municipal Government Act is amended by adding the fol lowing between sections 214 and 215: 214.3

Section 214 does not empower a council to make a by law that has the effect of requiring a professional engineer, li censee, permit holder or certificate holder under The Engineering, Geological and Geophysical Professions Act to obtain a licence to engage in the practice of engineering or to carry on the practice or profession of a professional engineer in the municipality. 94 The Alberta Uniform Building Standards Act is amended in sections 4.3 and 4.4 as enacted by

section 80 of The Architects Act, 1980 (

a) by striking out 'The Engineering and Related Professions Act" wherever it occurs and substituting 'The Engineering, Geological and Geophysical Professions Act", and (

b) by adding "or licensee" after "professional engineer" wherever it occurs. 95 The Water Resources Act is amended in

section 2 ( 1), clause 9.1 by striking out 'The Engineering and Related Professions Act" and substituting 'The Engineering, Geological and Geophysical Profes sions Act' , . 96 The Engineering and Related Professions Act is repealed on Proclamation. 97 This Act comes into force on Proclamation. Title: 1981 (19th, 3rd) Bill 26, The Engineering, Geological and Geophysical Professions Act

Document details

Collection	Alberta — Bills
Citation	L19 S3 3898
Type	bill
Volume / chapter	L19 S3 3898
Language	en
Format	json
Source	PROVINCIAL
Identifier	d3ae99653b42d36c7903d3cead7540e48a4bd625

Source file is stored in the law ingest library (json).