A Compliance Success Story

Editor's Note: This column is one in a series prepared by the APEGGA Compliance Department.

BY DAVE TODD, P.ENG.
Director, Compliance

One of the Compliance Department's major accomplishments in recent years has to be the progress we've made in reducing violations in the SuperPages telephone directories. Our concern is protecting the public by attempting to eliminate listings in violation of the EGGP Act.

Each year in Alberta TELUS publishes more than 20 of these directories, still widely known by their old name, the Yellow Pages. Logistics require that publication deadlines are scattered over the year, so keeping on top of this is an ongoing challenge - one that TELUS is helping us meet.

The Compliance Department conducts an ongoing program to scan all entries under headings for various engineering, geological and geophysical products and services. Compliance staff wants to ensure that these listings are either for professional members in good standing or for corporations with valid permits to practice.

A typical example would be a company's name listed under Engineering (Acoustical, Corrosion, Industrial, Structural etc.). Another company might appear under a heading for geological or geophysical consultants.

When the new directories are received, staff reviews the headings relating to the APEGGA professions. Listings are checked against APEGGA's database to determine if any are in violation of the EGGP Act. Trade names (no "Ltd." or "Inc." at the end) are checked to determine whether the name belongs to a member.

We contact the companies and individuals identified as not holding a permit to practice or not being personally registered with APEGGA. Depending upon the situation, they are advised to either become licensed, or to cease and desist from using the title and to move their listing to a more appropriate heading.

Ten years ago, it was a major problem to have a questionable listing removed or relocated. A meeting with TELUS and APEGGA staff, however, changed this. Although Compliance staff continues regular monitoring, the number of violations has dropped dramatically to only five to 10 a year from 75 to 80.

Without TELUS's continued support, this would not have been possible. TELUS recognizes APEGGA's delegated responsibility to regulate the professions. When Compliance staff submits a list of non-licensed companies and non-licensed individuals under restricted headings, TELUS flags them. They are either moved to a more appropriate heading or removed from the next edition of all SuperPages directories.

Failure to voluntarily comply could still result in a forced name change request to Corporate Registry, or legal action under the EGGP Act, in which APEGGA may pursue an injunction pursuant to Section 9, or a prosecution with penalties as set out in Section 81.

Co-operation from TELUS, however, has made our job much easier.

FREQUENTLY ASKED QUESTION

Q. Does a professional member or licensee require a permit to practice when practicing engineering, geology or geophysics under his or her own name or a trade name?

A. An individual can practice as a sole proprietor. In these situations personal registration is, in effect, a permit to practice. If this same individual practices through a company, however, then the company requires a permit to practice even though the member is the only employee.