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Alberta to exempt software engineers from regulatory oversight, ending long-standing conflict

CALGARY — On Monday afternoon, the Alberta government tabled legislation that could put to rest a long-standing dispute between the tech sector and one the province’s regulators over the use of the term “software engineer.” 

The bill, called the Engineering and Geoscience Professions Amendment Act, could be a big win for tech companies, who have argued that regulatory overreach had prevented them from filling jobs. 

News

Alberta to exempt software engineers from regulatory oversight, ending long-standing conflict

New legislation hands a major win to the province’s tech sector

By Jesse Snyder
Jobber CEO Sam Pillar says he is pleased with the Alberta government’s proposal to exempt software engineers from accreditation with the Association of Professional Engineers and Geoscientists of Alberta. Photo: Jobber/Handout
Nov 7, 2023
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CALGARY — On Monday afternoon, the Alberta government tabled legislation that could put to rest a long-standing dispute between the tech sector and one the province’s regulators over the use of the term “software engineer.” 

The bill, called the Engineering and Geoscience Professions Amendment Act, could be a big win for tech companies, who have argued that regulatory overreach had prevented them from filling jobs. 

Talking Points

  • For years, the Association of Professional Engineers and Geoscientists of Alberta (APEGA), have sought to subject software engineers in the province to the regulatory body’s official accreditation regime 
  • Tech companies have resisted that push, saying it would badly restrict their hiring efforts by adding onerous new regulations. On Monday, the provincial government introduced new legislation siding with tech companies on the matter

The background: At its core, this is a disagreement over licensing and job accreditation. For years, the Association of Professional Engineers and Geoscientists of Alberta (APEGA)—which issues official credentials to electrical, mechanical and other engineers in the province—has asserted that it should have similar oversight over software engineers. 

Tech companies, for their part, have argued such a designation would hamper hiring efforts given that engineers at competing businesses in other jurisdictions don’t have to earn similar official accreditation. 

“Software engineer,” they say, is a colloquialism, not an official designation. Therefore, they argue, requirements for designations like electrical engineers shouldn’t apply in the same way. In a letter last year, the Council of Canadian Innovators, a lobby group for the country’s startups and scale-ups, and over 30 tech executives warned Alberta Premier Danielle Smith that under APEGA’s proposed accreditations, companies would be “subject to onerous, restrictive, and unnecessary certification requirements.” 

APEGA significantly raised the stakes on the issue in December 2021 when it launched a lawsuit against Jobber, an Edmonton-based business management platform, after the company posted wanted ads for software engineers. Jobber CEO Sam Pillar has told The Logic the dispute over titles could lead the company to consider leaving the province. The Logic was first to report on the lawsuit, which is awaiting a ruling from the Court of King’s Bench. 

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What’s new: Alberta’s proposed amendments address the accreditation dispute in three ways. First, they would exempt the term “software engineer” and any other related titles from APEGA’s official accreditation regime. Second, they would add a provision seeking to clarify that such “software engineer” designations are not a contravention of APEGA’s regulatory powers. Last, they would give the advanced education minister the power to make regulations applying to software engineers.

“In proposing this legislation, we’re supporting the growth of the economy while keeping the safety and security of Albertans at the forefront,” Advanced Education Minister Rajan Sawhney said in a statement. 

The government said the legislation would help tech firms, which have grown rapidly in number in Alberta since 2019—from 1,238 companies to 2,800—attract and retain talent. 

The response: In an email to The Logic, Jobber CEO Pillar said he was “pleased” with Alberta’s decision. 

“It is critical that companies like Jobber are able to compete on a level playing field for top talent,” he said. “This much-needed clarification will go a long way to ensuring we can do that. We are encouraged that the government is serious about tech in Alberta and wants companies like Jobber to succeed here.” 

APEGA did not immediately respond to The Logic’s request for comment. 

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CCI president Benjamin Bergen said he was “thrilled” by the legislative change. 

“The bill represents significant red tape reduction that will allow the province’s innovative entrepreneurs to shore up the skilled talent they need to scale up their operations,” he said in a statement. 

#Alberta #APEGA #Council of Canadian Innovators #economy #software engineers #Tech

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