Innovation - Spring 2024

REGULATORY NEWS

Court ruling confirms title protection over ‘engineer’

in the regulatory body, or authority to practice the profession regulated by that body.” Hilderman launched an appeal December 29, 2023, to the BC Court of Appeals. Non-registrant using engineer title Hilderman was the People’s Party of Canada candidate for the Saanich Gulf Islands riding in the federal election of September 2021. On his website and in his promotional materials, Hilderman described himself as an “engineer” with a Bachelor of Applied Sciences degree. Hilderman’s possible misuse of title was brought to the attention of Engineers and Geoscientists BC, which then launched an investigation. On December 7, 2021, Engineers and Geoscientists BC sent a letter to Hilderman stating he was breaching the PGA and demanded he remove the title “engineer” from his online materials and not refer to himself as an “engineer.” Hilderman’s initial reply suggested he might comply, but two weeks later, Hilderman wrote back saying he disagreed. He said he did not represent himself as a professional engineer and “the mere mention of my educational background in the context of a political campaign is not contrary to the PGA .” After further correspondence, Hilderman still refused to comply. On September 13, 2022, Engineers and Geoscientists BC filed a civil claim against Hilderman in the BC Supreme Court. Engineers and Geoscientists BC asserted Hilderman breached s. 52(3) of the PGA and sought a permanent

A December 1, 2023, BC Supreme Court decision affirmed protection over the title “engineer” under the Professional Governance Act (PGA) . The decision supported the civil claim Engineers and Geoscientists BC brought against Saanich politician David Hilderman, who has never been a registrant, for using the term “engineer” in his political promotional materials. The court granted a permanent injunction against Hilderman prohibiting him from using the title engineer in any manner that expresses or implies that he is a registrant of Engineers and Geoscientists BC or authorized to practice engineering. “We are pleased with this decision that reinforces the importance of title protection,” says Engineers and Geoscientists BC CEO Heidi Yang, P.Eng. “Title protection protects everyone. Public safety is forefront when engineers in BC have met the high standard of practice requirements and ethics to be registrants of Engineers and Geoscientists BC.” In his decision, Justice Jan Brongers noted the specific sections of the PGA which refer to the title “engineer” and found that registrants of Engineers and Geoscientists BC are “given the exclusive right to use certain reserved titles, namely: (a) ‘professional engineer;’ (b) ‘professional engineering licensee;’ and (c) ‘engineer in training.’” Justice Brongers noted that section 52(3) of the PGA “...effectively prohibits non-registrants from using reserved titles or other names that express or imply either membership

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injunction in relation to Hilderman’s use of the title “engineer.” Usage within prohibition While Hilderman stated he was not implying he was a “professional engineer,” the judge determined that by saying he was an “engineer” with an applied sciences degree and engineering experience, doing contract engineering work and having worked in the electronics industry, such behaviors “cumulatively come within the prohibition.” Justice Brongers ultimately found Hilderman breached the misuse of title prohibitions of the PGA and granted judgment in favour of Engineers and Geoscientists BC. unauthorized practice files per year. For more information, see: egbc.ca/Complaints-Discipline/ Unauthorized-Practice-or-Title/ Unauthorized-Practice-Misuse of-Title. For the full Supreme Court decision, see: canlii.org/en/bc/ bcsc/doc/2023/2023bcsc2214/202 3bcsc2214.html Engineers and Geoscientists BC processes approximately 200 misuse of title and

Innovation Spring 2024

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