policy regarding the use of restricted words in business

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
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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;
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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
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