Compliance Caseload Sampled

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

BY DAVE TODD, P.ENG.
Director, Compliance

In Alberta only APEGGA individual members and permit holders are legally entitled to practice engineering, geology and geophysics, or hold themselves out to do so. APEGGA Council has a goal of 100 per cent compliance with the requirements of the Engineering, Geological and Geophysical Professions Act.

The Compliance Department, with the support of the Enforcement Review Committee, is responsible for achieving this goal. Following are examples of recent title violations, along with the source of the complaint and resolution.

Member of the public submitted the business card of an individual using the title civil engineer. Investigation by Compliance staff confirmed that the individual is neither registered nor eligible for registration, and the activities do not constitute the practice of engineering. Voluntary compliance was received upon notification by the Compliance Department. A revised business card is now being used with a more appropriate title.

Member of the public submitted a business card with the title senior field sales engineer. Investigation of the employing company and its website identified a second employee was using the title field sales engineer. In addition, references to engineering services on the website implied that the company was engaging in the practice of engineering.

Neither of the two individuals are registered or eligible for registration, and the company's activities do not constitute the practice of engineering. Voluntary compliance was received upon notification by the compliance department. Both the titles and the website have been revised to delete all references to engineering.

APEGGA member reported an unregistered individual listed on a non-permit holding company's website as a P.Eng. and an engineering consultant. Contact by compliance staff determined that the individual is eligible for registration and that the company is engaging in the practice of engineering. Voluntary compliance was received - personal registration has been obtained, along with a permit to practice for the company.

A routine review of the Alberta Gazette by staff revealed a company using "engineering" in its name while not holding a permit to practice. The company was reluctant to comply with the Compliance Department's notification to change its name or obtain a permit.

Corporate Registry was advised and notice of a violation of the Business Corporations Act was served on the company, giving it the options of removing the word "engineering" from the name or being assigned a numbered company name. In this case, the company did not respond and a numbered name was assigned. Investigation of the company's activities did not find any evidence of engineering work being performed.

Although the majority of cases investigated with non-members are the result of the pro-active work of the Compliance staff, we are experiencing a definite increase in public complaints. Our conclusion is that public awareness and appreciation for the practice of our three professions is increasing.

First priority is always given to the resolution of member and public complaints with the primary objective to obtain voluntary compliance. Failing this, legal or other action is necessary.

FREQUENTLY ASKED QUESTION

Q. If I send a complaint in to APEGGA regarding an individual or company using a restricted title and or practicing engineering, geology or geophysics in Alberta, may I remain anonymous or am I required to get involved thoroughly?

A. The Compliance Department strives to obtain voluntary compliance with the Engineering, Geological and Geophysical Professions Act.
In this situation, the name of the complainant is not revealed. If, on the rare occasion, the case should require legal action, the complainant may be called as a witness. This has rarely happened.

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