June 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 April 1 to April 30, 2008, including the 20 engineering files and 17 geoscience files opened during the period. Below are explanations of the various categories with actual examples identified as a result of the Compliance Department’s proactive efforts, and member, public and anonymous complaints with supporting evidence.
|
Ceased using restricted title/holding out. Four individuals and six 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 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 agreed to edit electronic posting for a Sales Engineer to comply with the EGGP Act.
-
Company listing under the wrong heading of Engineers-Consulting in the Yellow Pages will be moved to a more appropriate section.
-
Confirmation received that a name change was completed through Corporate Registries to remove the word engineering from a holding company’s name.
-
The Compliance Department confirmed that a company made required changes to its website, clarifying that engineering was carried out through a consultant with an APEGGA permit to practice.
-
A registered engineering technologist changed the job title on business cards to Systems Application Engineering Technologist from Systems Application Engineer.
Personal registration.
-
One qualified but non-licensed individual was contacted regarding a practice or title violation. This individual has applied for personal registration with APEGGA, as a direct result of the Compliance Department’s Out of Province Campaign. The campaign deals with individuals licensed in other Canadian constituent associations who have relocated to Alberta but not yet obtained their APEGGA licences.
Verified not practicing. Two individuals and six companies were contacted because their activities implied the practice of engineering, geology or geophysics. Websites and all other information are required to be modified to remove all implications of practice. Disclaimer letters are sent advising that if activities should change in the future to include the practice, a permit will be required.
-
An investigation of an individual using the P.E. designation on a corporate website’s management team page found that the person practices only in Nova Scotia.
-
An individual contacted through Out of Province Campaign returned a signed declaration affirming he does not practice in Alberta.
-
Investigation of a company due to member complaint determined that the company is not engaged in the practice of engineering.
Permits issued/reinstated. This 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-three companies were contacted and have obtained a permit to practice.
-
Company listed in the Oil & Gas Index was contacted by Compliance and submitted an application for a permit to practice.
-
Permit application received from company investigated due to APEGGA member listing employment with the company.
-
Consulting engineering company listed in Alberta Gazette was contacted and it then registered for a permit.
-
Company applied for permit after being contacted when the Compliance Department was made aware that it employed several APEGGA members and was listed in the Guide for Alberta Wireless Solutions.
Other applies to the three individual files and six company files resolved for other 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
-
lack of sufficient evidence or other information available to further pursue the violation at this time
-
determination that one of the exemptions applies under the EGGP Act, Sections 2(1)(4), 5(1)(4) or 7(1)(4).
Under this category, an investigation determined that a company pursued by the Compliance Department had recently been taken over by a permit-holding corporation.
FREQUENTLY ASKED QUESTION
Q What are the restrictions on the usage of the word engineering in a company name if the company is not practicing?
A Under Regulation 52 of the Engineering, Geological and Geophysical Professions Act, “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.”
If a company wishes to use these words in its name when registering with Alberta Corporate Registries, a permit to practice must be obtained — even if the company is not actively practicing or holding out to practice.