APEGA Legal Action Concludes, Key Clarifications on Title Protection Provided
APEGA’s legal action regarding the title protection of "engineer," as it relates to "software engineer," has concluded with the Court of Appeal of Alberta determining APEGA's recent appeal application is moot and providing key clarifications.
Through this appeal, APEGA was seeking clarity on the original decision of the Court of King’s Bench of Alberta on APEGA vs. Getty Images and Jobber Inc. (November 2023), which had potential broader implications for the title protection of "engineer" beyond “software engineer.” The appeal was not filed in response to the Government of Alberta's changes to the Engineering and Geoscience Professions (EGP) Act, which made an exception for the title of "software engineer." However, because of those changes, the Court of Appeal of Alberta had determined APEGA's appeal was moot.
The court also provided clarity to APEGA's benefit, concluding that the original ruling included comments that were not essential to the decision and therefore did not set legal precedent. As per the amendment to the EGP Act, this means only the title “software engineer” is exempt.
APEGA Council and leadership are pleased to have clarification on the original ruling and have no plans to take further legal action.