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Professional Governance Act

Full Title:
Professional Governance Act

Summary#

  • Bill 40 creates one modern law to oversee many professional regulators in Alberta (for example, engineers, architects, accountants, veterinarians, land surveyors, agrologists, technologists, and others). It replaces several older Acts.
  • The goal is to protect the public by setting common rules for how professions register members, set standards, handle complaints, and publish decisions.

Key changes

  • Continues existing professional bodies as “professional regulatory organizations” under one umbrella law and lets new ones apply for designation or merge.
  • Requires public protection measures: public members on boards and tribunals, public registers of members, and publication of discipline decisions.
  • Sets clear processes for registration, temporary registration, continuing competence, practice review, complaints, discipline, and appeals.
  • Allows government oversight: professional governance officers can inspect; the Minister can direct changes, disallow bylaws, appoint an administrator, or revoke a designation if needed.
  • Defines practice prohibitions and restricted titles, with fines and possible court orders for misuse or unauthorized practice.
  • Enables business entities that provide professional services to be registered (if authorized) and sets their responsibilities.

What it means for you#

  • Consumers and clients

    • You can look up who is registered, their status, and discipline outcomes on a public register and websites.
    • You can submit complaints about a professional’s conduct. Decisions must be fair, timely, and reasons must be given.
    • The law limits misleading advertising and the misuse of professional titles. Courts can stop unauthorized practice.
  • Professionals (engineers, architects, veterinarians, accountants, technologists, etc.)

    • Common, clearer rules for getting and keeping registration, including continuing competence requirements.
    • A standard complaints and discipline process with rights to appeal. Discipline and sanctions will be published.
    • You must report serious issues about other registrants and comply with codes of ethics, practice standards, and competence programs.
    • Regulators cannot set or negotiate your professional fees and cannot act as bargaining agents.
    • Temporary registration is possible for certain projects and interprovincial mobility is recognized.
    • Use of “specialist,” student titles, stamps or seals, and restricted titles must follow the Act and regulations.
  • Internationally trained applicants and students

    • Pathways recognize equivalent competence from other jurisdictions if criteria are met. Language and good character rules may apply.
    • Students may use specific titles while in training, under set limits.
  • Business entities and employers

    • If authorized, firms that provide professional services may need to register as business registrants and meet set conditions (e.g., quality control, insurance, supervision).
    • Shareholders and managers of professional corporations have defined duties and liabilities tied to the professional practice.
    • Municipalities cannot require a separate municipal licence to carry on a regulated profession, but other business rules still apply.
  • Professional associations and regulators

    • Must include public members, publish annual reports and directories of officials, make and consult on codes and practice standards, and maintain transparent processes.
    • Can apply to merge with other bodies, and must cooperate with oversight, inspections, and any Ministerial directions.

Expenses#

No publicly available information.

Proponents' View#

  • Improves public protection with clear, common rules, more transparency, and public members on decision‑making bodies.
  • Modernizes a patchwork of older laws into one framework, reducing confusion and enabling consistent standards across professions.
  • Speeds labour mobility and recognition of qualified professionals from other jurisdictions while keeping competence checks.
  • Strengthens tools to address poor conduct or unsafe practice, including timely suspensions, court enforcement, and published decisions.
  • Keeps markets competitive by banning regulators from setting professional fees or acting as bargaining agents.
  • Allows mergers and business registration options to reflect how services are delivered today.

Opponents' View#

  • Centralizes power with the Minister and government officers, which some see as weakening self‑regulation and risking politicization.
  • Transition may be complex and costly for regulators and members (new bylaws, systems, training, and reporting).
  • One‑size‑fits‑all rules could overlook profession‑specific needs or create added red tape.
  • Strong penalties and broad investigative powers may raise due‑process or privacy concerns.
  • Business registration rules and liability provisions could increase compliance costs for firms and affect service availability, especially in smaller communities.
  • Lack of clear cost estimates makes the financial impact on government, regulators, and professionals uncertain.