The BC Supreme Court recently released a decision declaring that an individual had breached the Professional Governance Act. This decision permanently prohibits and enjoins him from using the title "engineer", or other names and titles that express or imply that he is a registrant of the Association of Professional Engineers and Geoscientists of the Province of British Columbia ("EGBC", formerly known as APEGBC), or that he is authorized to practice the profession of engineering in British Columbia.
Background
During the course of a federal election in which he was a candidate, the defendant described himself on his personal website as an "engineer" and noted that he had obtained a Bachelor of Applied Sciences degree. A similar description appeared on other websites related to his campaign, including that of his political party.
These online publications and others came to the attention of EGBC. An investigation was conducted and EGBC became aware that the defendant had also been describing himself as an engineer on Facebook and LinkedIn, as well as other websites. Media coverage of the election also referred to the defendant as an "engineer".
The defendant did not comply with the following demands from EGBC -
- that he revise any websites, social media, or other information sources he controls to remove the title "engineer",
- that he no longer refer to himself as an "engineer", or use any other name or title implying that he is entitled to engage in the profession of engineering in British Columbia.
As a result, EGBC initiated a legal proceeding seeking a declaration and an injunction in relation to the defendant's use of the title "engineer".
Decision
The Court noted that as a regulatory body subject to the Professional Governance Act, EGBC has a duty to serve and protect the public interest with respect to the profession it regulates, namely the practice of professional engineering. Registrants of EGBC are given the exclusive right to use certain reserved titles, namely "professional engineer", "professional engineering licensee" and "engineer in training".
Though EGBC did not argue that the defendant used any of the three reserved titles, it said that his online self-identification as an "engineer" implied that he was a registrant of EGBC, or was authorized to practice as a professional engineer.
The defendant denied using the term "engineer" to imply or attempt to lead people to believe that he was a professional engineer or associated with EGBC. He said that had been accurately describing his educational background in the context of his political activities, and should not be prevented from doing so.
The Court reviewed prior jurisprudence on the subject which held that though the legislation does not expressly prohibit the use of the terms "engineer" or "engineering" by non-registrants, the particular use of these terms may give rise to the implication that an individual has the right to practice professional engineering given their academic qualifications as the holder of an applied science degree.
The Court found, in this case, that the defendant publicly described himself as an "engineer" that holds a "Bachelor of Applied Sciences from the University of Regina", "has worked in the electronics industry", uses his "engineering experience" and is doing "contract engineering work" cumulatively as falling within the prohibition in section 52(3) of the Professional Governance Act on the use of reserved titles.
The Court did not consider it relevant that the defendant's representations were made for political purposes rather than for economic gain. Rather, the Court held that as part of its statutory responsibility to regulate the engineering profession in the public interest, EGBC is entitled to take lawful steps to address instances where those who participate in public political discourse imply having a professional accreditation that they do not actually possess.
Given the finding that the defendant had breached the statute, and that no exceptional circumstances were brought to the Court's attention, the Court granted a permanent injunction from using the title "engineer", or other names or titles that express or imply that he is a registrant of EGBC, or is authorized to practice the profession of engineering in British Columbia.
Conclusion
While registrants of EGBC are given the exclusive right to use certain reserved titles, namely "professional engineer", "professional engineering licensee" and "engineer in training", the use of the term "engineer", in a context where it implies that an individual who is not accredited is a registered professional engineer, may be found to be a breach of the BC Professional Governance Act.
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