APRIL 2008 Issue
COMPLIANCE
Report a Violation
If you are aware of practice or title violations and you are able to provide evidence (reports, letters, business cards, websites, etc.), we encourage you to contact Allison Cammaert at acammaert@apegga.org.
Because the Compliance Department deals with non-members, we do not reveal the source of complaints when you make contact.
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.
The Activity Report provides statistics from Jan. 1 to Jan. 31, 2008, and reflects a reconciliation of the Compliance database, as well as applications received just before or during the holiday season. Below, under the various categories, are actual examples identified as a result of the Compliance Department’s proactive efforts and member, public and anonymous complaints with supporting evidence.
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Ceased using restricted title/holding out. Nine individuals and seven companies were found to be 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.
Company updated website with a corrected staff roster, removing geological credentials from names of individuals without APEGGA membership.
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Individual with C.E.T. background amended job title from Field Engineer to Engineering Technologist.
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Property management company agreed to refrain from using the word engineer in job titles that do not require someone with an engineering background.
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An individual edited business cards to remove the title Senior Cost Engineer, after investigation by Compliance Department.
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Company listed in the Alberta Gazette using the word engineering in its name provided the Compliance Department with confirmation of a voluntary name change.
Personal registration. Eight qualified but non-licensed individuals were contacted regarding a practice or title violation. As a result, the individuals have applied for personal registration with APEGGA.
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Seven of these had recently relocated to Alberta, primarily from British Columbia and Saskatchewan, and were contacted through the Compliance Department’s Out of Province Campaign.
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As a result of a member complaint to the Compliance Department, one individual wishing to use the P.Geol. designation submitted an application.
Verified not practicing. Seven individuals and 13 companies were contacted because of suspicions that they may be engaged in the practice of engineering, geology or geophysics. Websites and all other information must be modified to remove all implications of practice. We also send letters advising that if activities should change in the future to include the practice, a permit will be required.
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Seven individuals contacted through Out of Province Campaign returned the signed declaration indicating they are not practicing or using designation.
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Investigation of an individual concluded that his job duties do not constitute the practice of engineering.
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Company investigated after a public complaint was determined to not be engaged in the practice of engineering right now.
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Geophysical company determined to be inactive at this time. Its directors intend to apply for a permit before commencing any activities in Alberta.
Permits issued/reinstated. This category 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. Twenty companies were contacted and have either obtained a permit to practice or submitted an application.
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Company submitted permit application after being contacted by Compliance, following its job posting for an engineer being spotted in the Calgary Herald.
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A public complaint resulted in a company taking out a permit to practice. The company’s website and promotional materials imply the practice of engineering.
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Engineering company whose listing was found in the Alberta Gazette was contacted. The company then registered for a permit.
Other. This applies to the 46 individual files and 22 company 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
Q: What activities constitute the practice of engineering, geology or geophysics, and how is this determined?
A: Unless it is very obvious, all available information on the activities in question is reviewed and applied reasonably and responsibly to the legal definitions of engineering, geology and geophysics. These definitions are found in the EGGP Act.
We use a systematic decision-making process to formulate a series of questions. A “yes” answer to the questions is required before the activity can be judged to be the practice of engineering, geology or geophysics.