February 2008 Issue
Compliance
The Whole Truth About Permits
BY DAVE TODD, P.ENG.
Director, Compliance
Editor’s Note: The Compliance Department’s job is to enforce the right-to-practice and right-to-title provisions of the Engineering, Geological and Geophysical Professions Act. The department’s focus, therefore, is on individuals and companies that are not registered — those that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.
Statistics in the Activity Report track activity from Jan. 1 to Dec. 31, 2007. During this period, 722 practice and title violations were resolved, 407 of them involving individuals and 315 involving companies. Among these statistics, the geosciences accounted for 146 files opened, with 104 geosciences files being closed in 2007.
Compliance files not mentioned in the Activity Report were resolved for various other reasons such as confirmation that an individual or company is already registered with APEGGA, verification that an individual contacted is not living or working in Alberta, or clarification that a company is actually a trade name of a member.
Also included in our monthly Compliance report are explanations of the various categories with examples, and the Frequently Asked Question.
Violations are primarily identified as a result of the Compliance Department’s proactive efforts and member, public or anonymous complaints with supporting evidence.
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Ceased using restricted title/holding out applies to individuals or companies
using a restricted title or holding out in some other manner as entitled to practice
while not licensed.
Investigation by the Compliance Department confirmed that the activities in question were either not the practice of engineering, geology or geophysics, or the individuals were practicing under the supervision and control of a professional member.
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Hotel chain advertising in Edmonton Journal for a Shift Engineer.
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Individual using P.Eng. designation without APEGGA registration
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Company vehicle decaled with title of Engineer, but company had no permit to practice.
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New, unpermitted company in Alberta Gazette using engineering in name.
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Certified engineering technologist making use of title Cost Engineer.
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Advertisement for unpermitted Calgary engineering firm in Yellow Pages.
Personal registration applies to qualified but non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province. As a result, the individuals have applied for personal registration with APEGGA.
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Professional engineer registered with other provincial association had not applied for membership with APEGGA.
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Member complaint revealed an individual holding out as professional engineer without registration.
Verified not practicing applies to individuals or companies whose activities do not constitute the practice of engineering, geology or geophysics. Websites and all other information are required to be modified to remove all implications of practice. In addition, a disclaimer letter is sent advising that if activities should change to include the practice, a permit will be required.
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Compliance Department investigation determined that a company reported to be practicing geology without a permit to practice is, in fact, not practicing geology under the legal definition.
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Individual reported by Professional Engineers of Ontario as having an Alberta address was contacted to confirm no practice or use of designation until registration with APEGGA.
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After receiving a public complaint, the Compliance Department investigated and concluded that the activities of a company in question do not constitute the practice of engineering.
Permits issued/reinstated applies to non-permit-holding companies whose activities constitute the practice of engineering, geology or geophysics, as well as companies whose permits have lapsed or been struck while their activities have not changed. The companies contacted have either obtained a permit to practice or submitted an application.
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Member complaint caused Compliance staff to investigate an unpermitted company advertising APEGGA membership on website.
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Junior oil and gas company found advertising in Globe & Mail and operating out of Alberta without a permit.
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Company in Oil and Gas Index had no permit to practice.
Other applies to files resolved for other reasons, such as
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confirmation that an individual or company is already registered with APEGGA
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clarification that a company is actually a trade name or a member operating as a sole proprietor
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lack of sufficient evidence or other information available to further pursue the violation at this time
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determination that one of the exemptions applies under the EGGP Act, Sections 2(1)(4), 5(1)(4) or 7(1)(4).
FREQUENTLY ASKED QUESTION
The Compliance Department often deals with queries regarding the use of the member-in-training designations with qualifiers. A company might want to attach John Doe, E.I.T., to the title Project Engineer, for example.
Q: Are the titles engineer, geologist, and geophysicist permissible under the EGGP Act without professional registration?
A: In June 2004, to bring policy in line with practice, APEGGA’s Council decided that APEGGA members-in-training will now be able to hold job titles that include the word engineer, geologists or geophysicist. However, they must make it clear on business cards and other listings that they are still in training and therefore not yet professional members.
Sample job titles that would not be considered violations of the Engineering, Geological and Geophysical Professions Act are
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John Jones, E.I.T., Project Engineer
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Jane Smith, Geol.I.T., Field Geologist
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Jim Johnson, Geoph.I.T., Junior Geophysicist
However, members-in-training are not entitled to use the designations P.Eng., P.Geol., or P.Geoph. until they have completed four years of experience and passed their Professional Practice Exams.