July 2007 Issue
Compliance
REPORT A VIOLATION
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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 С those
that may be, inadvertently or otherwise, holding themselves out as professional
members or practicing the professions illegally.
The statistics in the Activity Report at right cover May 1 to May 31, when 103 practice and title violations were resolved. Of these, 67 involved individuals and 36 involved companies. Below are explanations of the various categories with examples.
Violations are identified primarily out of the Compliance Department’s proactive efforts, and member, public or anonymous complaints with supporting evidence.
Ceased using restricted title/holding out applies to individuals or companies who were using a restricted title or holding out in some other manner as entitled to practice while not licensed.
nvestigation by the Compliance Department confirmed that the activities were either not the practice of engineering, geology or geophysics, or that the individuals were practicing under the supervision and control of a professional member.
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Individual holding out on resumЋ submitted to prospective employer to be eligible for registration with APEGGA.
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Examinee using Sr. Mechanical Engineer title changed to Sr. Mechanical Designer.
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Individual using Interior Engineer title ceased using offending business cards.
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Title of Project Engineering Manager changed to Project Technical Director.
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Title of Engineering Manager changed to Manager Downhole Tool Design.
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R.E.T. title attached to word engineering; word changed to technologist.
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Two cases of P.Eng. on website resumЋ by unlicensed individual removed. Web resumЋs both incorrectly developed by employer.
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E.I.T. using engineer title without qualifying it with E.I.T. designation.
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Unlicensed individual using E.I.T. designation.
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Unlicensed individual using P.Geoph. on website bio. Individual retired. Bio removed from web.
Personal registration applies to qualified but non- licensed individuals that Compliance contacts regarding a practice or title violation or because they have relocated from another province. The individuals then applied for personal registration with APEGGA.
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Individual using Regional Chief Engineer title and engaging in engineering activities.
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Individual’s web bio for energy company employer indicated geological practice.
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Eight individuals from other provinces now living and working in Alberta.
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Unlicensed individual using Mechanical Design Engineer while attaining North American experience.
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Individual looking for electrical engineering position held bachelor’s degree in electronics and electrical engineering.
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. The companies contacted have either obtained a permit to practice or submitted an application.
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Eleven companies involved in oil and gas, energy or exploration active in Alberta.
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Three personal companies involving members.
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Company advertising industrial engineering services.
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Quit permit reinstated as activities had not changed.
Verified not practicing applies to individuals or companies whose activities do not constitute the practice of engineering, geology or geophysics. Websites and all other information are required to be modified to remove all implications of practice. In addition, a disclaimer letter is sent advising that if activities should change in the future to include the practice, a permit will be required.
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Individual from another province now living in Alberta.
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Automation company employing a member contacted over engineering references on website.
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Resource company employing a member confirmed it’s a holding company.
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Exploration company clarified that it outsources all engineering, geological and geophysical work to licensed consultants and accepts their advice without further interpretation.
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Former permit-holding company confirmed that it now sells products and is not providing any professional advice.
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Engineering company listed in Alberta Gazette verified that individual has moved company and activities to N.W.T. and is now registered with NAPEGG.
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Company reported for holding out to engage in practice due to use of the word geological in its name. Verified that the company is a supply and rental service for the geological industry.
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Company verified to be doing the type of construction work exempt under the EGGP Act.
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Control company employing professional members as managers. All engineering outsourced to third-party engineering firms; no interpretation done.
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Unlicensed individual verified to be working under direct supervision and control of a professional member at a permit-holding company.
Other applies to 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 information to further pursue a violation now; determination that one of the exemptions under the EGGP Act, sections 2(1)(4), 5(1)(4) or 7(1)(4), is applicable.
FREQUENTLY ASKED QUESTION
Q: What constitutes
an adequate supervision and control program?
A: The EGGP Act restricts
the practices of engineering, geology and geophysics to professional members
or persons under their direct supervision and control. An adequate supervision
and control system permits a professional member to properly accept professional
responsibility for the results of the engineering, geological or geophysical
tasks performed by others working under a professional member’s supervision
and control.
For further
information on this topic, go to the Practice Standard for Authenticating
Professional Documents on APEGGA’s website.
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