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ARTICLE · 07 APRIL 2016

Confirmatory Exams For Foreign-Trained Engineers Is Not Discriminatory: Engineering Regulator Successfully Appeals Alberta Human Rights Tribunal Decision

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The Alberta Court of Queen's Bench has reversed a 2014 decision of the Alberta Human Rights Tribunal in The Association of Professional Engineers and Geoscientists of Alberta v. Milhaly, 2016 ABQB 61.

CanadaEmployment and HR
Kamini Dowe
Kamini Dowe
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In its substantive written decision, the Alberta Court of Queen's Bench has reversed a 2014 decision of the Alberta Human Rights Tribunal (the "Tribunal") in The Association of Professional Engineers and Geoscientists of Alberta v. Milhaly, 2016 ABQB 61.

The Case

Mr. Milhaly, born and educated in the former Czechoslovakia, arrived in Canada in 1999 with his foreign engineering credentials and work experience. Upon arrival, he applied to the Association of Professional Engineers and Geoscientists of Alberta ("APEGA") to register as a Professional Engineer. Upon reviewing Mr. Milhaly's application and supporting documents, APEGA informed Mr. Milhaly that he would be required to write the National Professional Practice Exam ("NPPE"), required by all applicants, and would also be required to take three (3) confirmatory exams and take a course or pass an equivalency exam (i.e. the Fundamentals of Engineering Exam — 'FE Exam') by a prescribed deadline. Mr. Milhaly's

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