POLICY REGARDING THE USE OF RESTRICTED WORDS IN BUSINESS NAMES Dated for Reference: December 17, 2014 Background 1. Section 22 of the Engineers and Geoscientists Act [RSBC 1996] Chapter 116 (the “Act”) prohibits a corporation, partnership or other legal entity from engaging in the practice of professional engineering or professional geoscience and from advertising or using: (a) any word, name, title or designation mentioned in the definition of “practice of professional engineering” or “practice of professional geoscience” as set out at section 1 of the Act, or any combination or abbreviation of them, or (b) any other word, name, title designation, descriptive term or statement implying that it is ready or entitled to engage in, or is engaged in, the practice of professional engineering or professional geoscience, unless it has on active staff at least one member of the Association of Professional Engineers and Geoscientists of British Columbia (“APEGBC”) who directly supervises and assumes responsibility for all professional engineering or professional geoscience work. 2. In addition, Engineers Canada, a national body that represents the provincial and territorial professional regulatory bodies for professional engineering, has registered the following words as official marks under the federal Trade-marks Act [RSC] 1985 Chapter T-13: Engineer, Engineering, Consulting Engineer, Professional Engineer, P.Eng. Use of these words and phrases has been restricted by BC Registry Services in any application to register a corporate name. 3. BC Registry Services has also restricted the use of thirteen geoscience related words and phrases in corporate names: · · · · · · · · · · · · · 4. Earth Science Environmental Geology Environmental Geoscience Exploration Geoscience Geochemistry and Geochemical Geology Geomorphology Geophysics and Geophysical Geoscience Hydrogeology and Hydrogeological Petroleum Geoscience Quaternary Geology Volcanology A corporation, partnership, or other legal entity that uses in its name any of the restricted words listed in paragraphs 2 and 3 (the “Restricted Words”) implies that it is entitled to practice professional engineering or professional geoscience. In accordance with section 22 of the Act, APEGBC requires corporations, partnerships, and other legal entities which use Restricted Words in their names to have at least one DOC# 95417.1 individual on active staff who is duly registered and licensed by APEGBC as a professional engineer and/or professional geoscientist. 5. APEGBC members are registered either as professional engineers or professional geoscientists and sometimes both. The professions are distinct and registration in one does not give an APEGBC member the right to practice in the other. Therefore, a corporation, partnership, or other legal entity that has on active staff only one APEGBC member who is a professional engineer, but not a professional geoscientist, cannot engage in the practice of professional geoscience or have in its name Restricted Words implying such practice. Approval Process 6. BC Registry Services advises any applicant who applies to incorporate a corporate entity with a name containing Restricted Words to seek authorization from APEGBC to do so. 7. APGEBC authorizes the use of Restricted Words in business or corporate names where an applicant completes the attached Declaration and pays the prescribed fee, if any. 8. The use of Restricted Words will not be ordinarily permitted or consented to by APEGBC where the practice of professional engineering or professional geoscience is not a part of the (proposed) activities of the concerned corporation, partnership or other legal entity. 9. Ordinarily, consent to use Restricted Words in a business or corporate name will only be given where the individual(s) creating a business or causing a corporation or society to be incorporated confirms in writing: (a) that the practice of professional engineering or professional geoscience will be a principal activity of the entity; (b) the identity of the APEGBC member(s) on active staff who will directly supervise and assume responsibility for the professional engineering services or professional geoscience services that will be offered by the entity; and (c) that if the APEGBC member(s) cease to be on active staff, the entity will not offer or advertise any professional engineering or professional geoscience services unless and until another APEGBC member is on active staff to directly supervise and take responsibility for the professional engineering services or professional geoscience services; DOC# 95417.1 To: THE ASSOCIATION OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF THE PROVINCE OF BRITISH COLUMBIA (“APEGBC”) DECLARATION I have read, understood and agree to comply with APEGBC’s POLICY REGARDING THE USE OF RESTRICTED WORDS IN BUSINESS NAMES, dated December 17, 2014. I wish to establish a business or incorporate a corporation or society (the “Entity”) that, in the Province British Columbia, will engage in: [check as appropriate] □ the practice of professional engineering □ the practice of professional geoscience The name of the Entity includes a Restricted Word(s), as follows: ……………………………………………………………………………………… Business or Corporate Name ………………………… Incorporation Number ……………………………………………………………………………………… Business or Registered Address ………………………… Incorporation Date ……………………………………………………………………………………… The following individual(s) is registered and licensed by APEGBC and will directly supervise and assume responsibility for the practice of professional engineering or professional geoscience by the Entity: Signature APEGBC Reg/Licence# Name Signed and witnessed on the Municipality) in the Province of , Responsible Discipline Profession al Designatio n , (City or in . DECLARANT WITNESS __________________________________________ Signature __________________________________________ Signature __________________________________________ Name __________________________________________ Name __________________________________________ Address __________________________________________ Address DOC# 95417.1
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