Part 9
Prohibitions and Penalties

Practice prohibitions
97(1) A person whose registration as a professional engineer, professional geologist, professional geophysicist, licensee, permit holder or certificate holder is cancelled or suspended under this Act shall not, without the consent of the Council, engage in the practice of engineering, geology or geophysics, as the case may be, or directly or indirectly associate the person or itself in the practice of engineering, geology or geophysics with any other professional member, licensee, permit holder or certificate holder.
(2) No professional engineer, professional geologist, professional geophysicist, licensee, permit holder or certificate holder shall, except with the consent of the Council, associate in the practice of engineering, geology or geophysics, as the case may be, directly or indirectly with or employ in connection with that practice a person whose registration has been cancelled or suspended under this Act.
(3) The Council may permit a professional member, licensee, permit holder or certificate holder to employ in connection with the person's practice a person whose registration has been cancelled or suspended under this Act, but the employment shall be in the capacity and subject to the terms and conditions that are prescribed by the Council.

1981 cE-11.1 s80

Penalties
98(1) Every person and every member, officer, employee or agent of a firm, partnership or other association of persons and of a corporation who contravenes Part 1, section 29(2)(b), section 39(4), section 84, 85 or 86, this Part or a regulation made under section 19(1) or 96(b) is guilty of an offence and liable

(a) for the first offence, to a fine of not more than $2000,
(b) for the 2nd offence, to a fine of not more than $4000, and
(c) for the 3rd and each subsequent offence, to a fine of not more than $6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

(2) If a person or a member, officer, employee or agent of a firm, partnership or other association of persons or of a corporation is found guilty of an offence in respect of a regulation made under section 19(1), the court may, in addition to or instead of imposing any other penalty, order the person, member, officer, employee or agent to comply with the regulations made under section 19(1).
(3) A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards.

1981 cE-11.1 s81;1984 c17 s30;1999 c8 s4

Onus of proof
99 In a prosecution under this Act, the burden of proving that a person is a professional engineer, professional geologist, professional geophysicist, registered professional technologist (engineering), licensee, permit holder or certificate holder is on the accused.

1981 cE-11.1 s82;1999 c8 s5

Name change
100 If the name of the Alberta Society of Engineering Technologists is changed after April 29, 1999, the reference to the Alberta Society of Engineering Technologists is to be construed as a reference to the Alberta Society of Engineering Technologists by its new name.

1999 c8 s6