June 2006 ISSUE

COMPLIANCE

Case Details

Ceased using restricted title/holding out applies to individuals or companies using a restricted title or holding out in some other manner as authorized to practice while not licensed.      

• On a company’s website, individual using “P.Eng.” designation while not registered. Contact with the company resulted in the designation being removed.

• Business card of a non-member using the title “chief engineer” was revised.

• Alberta Gazette listed a non-permit-holding company with “engineering” in its name. Company resisted revising name and was reported to Alberta Corporate Registry, which issued a forced name change under the Business Corporations Act.

• Municipality misusing the title “engineer” in a development agreement. Agreement revised to remove violation.

• Non-permit-holding oil and gas company discovered through Internet research. Investigation confirmed the company merged with another company. Compliance Department is following for a permit to practice.
  Personal registration applies to non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province.     

• Individual registered in Ontario practicing engineering in the Alberta, now registered with APEGGA.
  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.        

• Oilfield services company advertising for “mechanical engineer” in Edmonton Journal classifieds.

• After reading the frequently asked question in the Compliance article of the January PEGG, a professional engineer e-mailed the department to confirm practice was in compliance. The engineer is practicing through a consulting company and therefore obtained a permit.

• A review of APEGGA’s database revealed non-permit-holding company employing a professional engineer and using the word “engineers” in its name.

• Oil and gas exploration company whose website implies the practice of engineering.

• Alberta Gazette listed three non-permit-holding companies using “engineering” in their names.

• HVAC mechanical company reinstated permit to practice when it was confirmed the company still engages in the practice of engineering.

• Oilfield services company advertising for “project engineer” in Calgary Herald classifieds.
  Verified not practicing applies to individuals or companies whose activities we determine after an investigation do not constitute the practice of engineering, geology or geophysics in accordance with the legal definition in the EGGP Act.

• A company’s website implied that its activities constituted the practice of geophysics. It was confirmed that the company is not practicing and the website was modified.
  Other applies to files resolved for various reasons, such as confirmation that an individual or company is already registered with APEGGA; clarification that a company is actually a trade name or a member operating as a sole proprietor; or no evidence or information available to further pursue the violation.     

• Company engaging in the practice of engineering contacted for a permit to practice. However, the industry the company is involved in is federally regulated and therefore does not fall under APEGGA’s authority.

Activity Report

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 which may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally. The following statistics track the activity from April 1 to April 30. During this period, a total of 19 practice and title violations were resolved, four of them involving individuals and 15 involving companies.         

FREQUENTLY ASKED QUESTION
Q: Are there any regulations on incorporating or registering a company name using the words engineering, geology or geophysics, or variations of these words, in Alberta?

A: Yes. Regulation 52 of the Engineering, Geological & Geophysical Professions Act states:
No partnership, corporation or other entity may be incorporated or registered in the Province of Alberta under a name including the words “Engineering”, “Geology” or “Geophysics”, or variations of those words, unless it holds and continues to hold a valid permit issued under section 48.

In addition, pursuant to the provisions of the Business Corporations Act and Regulations, APEGGA can petition the Registrar of Corporations to give notice directing a company to change its name to one that is not in violation of the EGGP Act if the company is resisting the permit to practice or revising its name.