October 2008 issue
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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 Frank Perich, P.Eng., Assistant Director, Compliance, at fperich@apegga.org. Because the Compliance Department deals with non-members, we do not reveal the source of complaints when you make contact.
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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 — those that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.
The Activity Report provides statistics from June 1 and Aug. 31, 2008, during which 90 engineering and 14 geoscience cases were opened and 51 resolved. Below are explanations of the various categories with actual examples identified as a result of the Compliance Department’s proactive efforts and member, public or anonymous complaints with supporting evidence.
Ceased using restricted title/holding out. This category covers unlicensed individuals and companies found to be using a restricted title or holding out in some other manner as entitled to practice.
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Complaint investigated that an employee of a company was practicing and using the word engineer in his title while not registered. Company’s human resources manager responded that the individual has left the province and that any other titles in violation with the EGGP Act were changed, so engineer
is used only for those employees registered
with APEGGA. -
Confirmation received that a foreign individual investigated due to a complaint against a company will refrain from using the title civil engineer until membership with APEGGA is granted.
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Company investigated due to a job posting on an employment site for a senior systems engineer. APEGGA learned that the company does not practice engineering, and it confirmed that it will no longer use restricted titles.
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Hotel advertising for a chief engineer was contacted and agreed to change the title to chief power engineer to comply with the EGGP Act.
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Investigation of a company’s website implying the practice of engineering determined that the activities are not engineering as defined under Section 1(9) of the act.
Verified not practicing. This category covers individuals and companies we contacted because their activities implied the practice of engineering, geology or geophysics, even though they aren’t practicing. Websites and all other information must be modified to remove all implications of practice. Disclaimer letters are sent advising that if their activities should change in the future to include the practice, the individuals and companies will require licences and permits.
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Public complaint of implication of engineering practice led to an investigation of a company. APEGGA determined that the company’s activities are exempt under the Section 2(4)(a) of the act.
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Company investigated because it was listed under Geophysical Contractors in the Calgary Yellow Pages. Investigation determined that its activities do not constitute the practice of geology as defined by the EGGP Act.
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A company reviewed because it had let its permit lapse was confirmed as not engaged in the practice of engineering, geology or geophysics any longer. It outsources all of these needs to companies with valid APEGGA permits.
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. The following are examples of companies contacted that have since obtained their permits to practice.
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Company promoting a junior oil and gas investor showcase in the Calgary Herald submitted a permit to practice application after contacted by the Compliance Department.
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Permit application received from a company investigated after an APEGGA member complained it was holding out to be practicing engineering.
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Company listed in Alberta Gazette with engineering in its name was contacted and consequently registered for a permit.
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Company applied for a permit after being contacted by the Compliance Department over a listing in Calgary Yellow Pages under Engineers-Consulting.
Other. This applies to 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 a 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)
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files cancelled due to a lack of sufficient evidence.
FREQUENTLY ASKED QUESTION
Q If I am a professional member in an association in another province or territory, am I entitled to practice engineering and use the designation in Alberta if I specify the provincial association, as in P.Eng. (APEGS), for example?
A No. Registration is required for you to practice engineering or even use the designation in Alberta. This is the case with the majority of associations in Canada, as each has its own provincial or territorial statute. Please visit our website at www.apegga.org to find out how you can transfer your membership.
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