July 2006 ISSUE

COMPLIANCE

Case Details

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 activity from May 1 to May 30. During this period, a total of 21 practice and title violations were resolved; 11 involving individuals and 10 involving companies.

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

• Two non-permit-holding companies whose names included the word “engineering” were found in the Alberta Gazette. Follow-up investigation determined that their activities were not the practice of engineering and the companies voluntarily removed the word from their names.

•   Individual using the title of “geologist” on a company’s website while not registered. Contact with both the individual and the company resulted in the designation being removed.

• Company whose name implied the practice of engineering found in the Alberta Gazette. Contact with the company resulted in the name being changed.

• Non-permit-holding company using the word “geological” in its name found in the Alberta Gazette. The Compliance Department confirmed that the company has since been dissolved.

• Confirmed that individual registered in Ontario and living in Alberta is not practicing engineering; however, individual was using the P.Eng. designation on a business card being distributed in Alberta. Individual submitted a revised business card with the title removed.

Personal registration applies to non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province.

• Two individuals registered in Saskatchewan and one registered in Ontario practicing engineering in Alberta now registered with APEGGA.

• Individual using a title implying the practice of engineering on a business card.

Permits issued/reinstated applies to non-permit-holding companies whose activities constitute the practice of engineering, geology and/or geophysics, as well as companies whose permits have lapsed or been struck while their activities have not changed.

• Electronic instrumentation company advertising for “applications engineers” in the Calgary Herald.

• Alberta Gazette listed a non-permit-holding company using “Engineering” in its name.

Verified not practicing applies to individuals or companies contacted and after an investigation concluded that their activities do not constitute the practice of engineering, geology or geophysics in accordance with the legal definition in the EGGP Act.

• Career advertisement for a “project sales engineer” found in the Calgary Herald. The Compliance Department confirmed that company is not engaging in the practice of engineering within Alberta.

• Verified that individual registered in Ontario now living in Alberta is not practicing engineering.

• The Compliance Department received notification from a permit-holding company that a former employee had started up a company and may be engaging in the practice of engineering. It was confirmed that the individual is working for another permit-holding company and started a holding company for investments.

• Article on development company implying the practice of engineering found in the Calgary Herald business section. Contact with the company confirmed that it is not engaging in the practice of engineering.

• Career advertisement found in the Calgary Herald implying that a company’s activities may constitute the practice of engineering. The Compliance Department determined that the company’s activities do not constitute the practice of engineering.

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; no evidence/information available to further pursue the violation, etc.

FREQUENTLY ASKED QUESTION
Q: What activities constitute the practices of engineering, geology and geophysics, and how are these determinations made?

A: The activity in question is reviewed and applied reasonably and responsibly to the definitions of engineering, geology and geophysics as found in the EGGP Act. For this purpose, a systematic decision making process is used to formulate a series of questions. A yes answer to the questions is required before the activity in question can be judged to be the practice of engineering, geology or geophysics.