Certificate as evidence Inspection of diplomas prior to examination Examinations Place and scope of examinations Notice by candidate Sitting subsequent examination on failure (3) Every person registered under this Act shall have a seal, supplied by the council at his expense with which he shall stamp all official documents and plans. (4) Such seal shall state upon its face the branch or branches of professional engineering in which he has been examined or otherwise admitted. [1920, c. 50, s. 15.] 15. The certificate of the registrar under the seal of the association shall be prima facie evidence of membership of the association or licence, or non-registration or nonpossession of licence, as the case may be. [1920, c. 50, s. 16.] Examinations. 16. (1) The board shall inspect all diplomas, certificates, and credentials presented or given in evidence for the purpose of obtaining admission to examination, and may require the holder of such credentials to attest to them by oath or affidavit in any matter involved in his application. (2) If such evidence is not satisfactory to the board, it shall refuse to admit such candidate to examination for registration. [1920, c. 50, s. 17.] 17.—(1) Every applicant for membership not qualified under paragraphs (a) and (b) of section 7 of this Act shall, in addition to complying with the requirements of that section, pass such examinations as may be approved by the Senate. (2) The Senate shall appoint a board of examiners for the purpose of conducting such examinations. [1920, c. 50, s. 18.] 18. (1) Regular examinations of candidates for registration shall be held at Edmonton or such other place or places as the Senate may direct. (2) The scope of the examinations and the methods of procedure shall be prescribed by the Senate with special reference to the applicant's ability to carry on the particular branch or branches of professional engineering which he desires to practise in the Province. (3) Every candidate for examination shall give at least one month's notice in writing to the registrar of his intention to present himself for examination and with such notice. shall forward the fee prescribed by the by-laws of the association and before receiving his certificate of registration the prescribed entrance fee, the prescribed annual fee and a sum of not more than five dollars for the publication of his name in The Alberta Gazette. (4) In case the candidate should fail in his examination he may present himself at any subsequent regular examination by paying the prescribed examination fee. [1920, c. 50, s. 19.] work 19. (1) Notwithstanding any other provision of this Practical Act, no person shall be registered or licensed unless he is at least twenty-one years of age, and unless he has been engaged for eight years in some branch of professional engineering, except in the case of a graduate from an engineering college or university approved by the Senate, in which case the period of engagement in engineering work shall be reduced to six years (which may include his term of instruction) two of which at least shall have been spent in practical engineering work. (2) Any person passing the examinations herein before provided for, and otherwise qualifying, and failing to register within one year of the date of so passing the examination shall lose any right of registration that has accrued to him by reason of passing such examination. [1920, c. 50, s. 20.] Discipline. etc. 20. (1) The council may, at its discretion, reprimand, Suspension, suspend or expel from the association any member guilty of any disgraceful conduct in a professional respect, of grossnegligence, or of a gross and continued breach of the by-laws of the association, or who has been convicted of a criminal offence by any court of competent jurisdiction: Provided that no account shall be taken of a conviction for an offence, which, though within the provisions of this section, does not either from the trivial nature of the offence or from the circumstances under which it was committed, disqualify a person from practising professional engineering. (2) The council shall not take any such action until a complaint under oath has been filed with the registrar and a copy thereof forwarded to the party accused. (3) The council shall not suspend or expel a member without having previously summoned him to appear to be heard in his defence, nor without having heard evidence under oath offered in support of the complaint and on behalf of the member. (4) The president of the council or person acting as such in his absence, or the registrar, is hereby authorized to administer oaths in such cases. [1920, c. 50, s. 21(1)(2).] 21. (1) Any member so suspended or expelled may, Appeal wihin thirty days after the order or resolution of suspension or expulsion, appeal to a judge of the Supreme Court from such order or resolution, giving seven days' notice of appeal to the council, and may require the evidence taken to be filed with the proper officer of the Court, whereupon such judge shall decide the matter of appeal upon the evidence so filed and confirm or set aside such suspension or expulsion, Penalties General penalty Injunction without any further right of appeal; and if the suspension or expulsion be confirmed, the costs of such appeal shall be in the discretion of the judge. (2) Unless the order or resolution of suspension is set aside on such appeal, or the judge or the council otherwise orders, the member so suspended or expelled shall not practise further, except (in case of suspension) upon expiry of the period of suspension. (3) Pending an appeal the member so suspended or expelled shall not practise as a registered professional engineer. [1920, c. 50, s. 21 (3) (4).] Offences and Penalties. 22. Any person who, not being a registered professional engineer in the Province, or who being suspended or having been expelled under the proceedings of the next preceding section (a) assumes verbally or otherwise the title of registered professional engineer, or makes use of any abbreviations of such title, or of any name, title, addition, description or designation which may lead to the belief that he is a registered professional engineer, or a member of the association, or that he is a person specially qualified to practise in any of the branches of professional engineering hereinbefore mentioned; (b) advertises himself as such in any way or by any means; or (c) acts in such manner as to create or induce in the shall be liable on summary conviction to a fine of not 23. Where no other provisions are made herein, every 24. Where any person, after being convicted under this Act or not being a registered professional engineer, uses or purports to use the designation or title of registered professional engineer, or holds himself out as such, the association may apply to a judge of the Supreme Court for an injunction restraining such person from using, attempting or purporting to use such designation or title, and such judge or Court shall, on being satisfied that such procurement 25. If any person wilfully procures or attempts to Fraudulent procure himself to be registered or licensed under this of registration Act, by making or procuring, or causing to be made or produced, any false or fraudulent representations or declarations, either verbal or in writing, he, and every person knowingly aiding or assisting him therein, shall be liable on summary conviction thereof to a fine of one hundred dollars. [1920, c. 50, s. 26.] of prosecution 26. No prosecution shall be commenced for any offence Limitation against this Act after one year from the date of the commission of the offence. [1920, c. 50, s. 24.] SCHEDULE A. Transportation work, roads, railways, waterways, and all detail works connected therewith, such as bridges, tunnels, yards, docks, lighthouses, rolling-stock and vessels, also aeroplanes and airships. Public utility works, such as telegraph systems, telephone systems, electric light systems, waterworks, gasworks, irrigation works, drainage works, sewerage works and incinerators. Steel, concrete, reinforced concrete structures. Mechanical works, such as steam boilers, engines, turbines, condensers, pumps, internal combustion engines, and other motive power machinery and accessories. Electrical machinery and apparatus and works for the development, transmission, and application of all forms of electrical energy. Mining and metallurgical works, such as mining properties, mine and concentrator machinery and apparatus, oil and gas wells, smelters, cyanide plants, acid plants, metallurgical machinery, equipment and apparatus, and works necessary for the economical winning or preparation of metals, minerals or rocks. All buildings and structures necessary for the proper housing or operation of the above mentioned works. The mechanical, electrical, chemical, electro-chemical mining, or metallurgical treatment of the inorganic elements. and combinations thereof for all industrial purposes. Investigations relating to the examination, exploration and development of rocks and minerals, mineral deposits, rock structures and the application of geology to the industries of arts, or to engineering. [1920, c. 50, Schedule A.] Short title Incorporation Title of members Persons entitled to be members Persons entitled to membership CHAPTER 206. An Act respecting the Legal Profession in the HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Legal Profession Act." [1907, c. 20, s. 1.] Law Society Continued. 2. The Law Society of Alberta, hereinafter called "the society," as heretobefore constituted, is continued as a body corporate and politic, and by that name the said corporation shall have perpetual succession and a common seal, which it may at pleasure change, and may sue and be. sued, contract and be contracted with, and may acquire by gift, purchase or otherwise, and may sell, mortgage, lease or otherwise dispose of real and personal property for the purpose of carrying into effect and of promoting the objects and designs of the said corporation, and the members of the said society shall have a right of audience and be entitled to practise in any Court of civil or criminal jurisdiction established by the Legislature of Alberta, and no other persons shall have such right. [1907, c. 20, s. 2.] Membership. 3. The members of the society shall be designated and known both by the title of barrister and by that of solicitor. [1907, c. 20, s. 3.] 4. The persons who on the fifteenth day of March, one thousand nine hundred and seven, were enrolled as advocates of the North-West Territories and were resident in the Province of Alberta, and all persons subsequently duly admitted, shall be the members of the society. [1907, c. 20, s. 4.] 5. Any person who on the said date was enrolled as an advocate of the North-West Territories but was not then resident in the Province of Alberta shall be entitled to be enrolled as a member of the society upon filing with the secretary his written request to that effect. [1907, c. 20, s. 5.] |