October 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 statistics in the Activity Report (at right) track the activity from Aug. 1 to 31. During this period, 56 practice and title violations were resolved, two involving individuals and 19 involving companies.
Below are explanations of the various categories and details of cases.

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

• Two individuals using titles with the word geologist on website while not registered.

• Oil and gas exploration and production company implying the practice of geology and engineering on its website acquired by a permit-holding company.

• Company listed in Alberta Gazette implying the practice of geology and/or geophysics was contacted by Compliance. The company dissolved shortly thereafter.

• Company using the word geological in its name in Alberta Gazette. The Compliance Department confirmed the company revised its name to remove the word “geological” through Alberta Corporate Registry.

• Alberta Gazette listed a company using the word engineering in its name while not holding a valid Permit to Practice. The Compliance Department verified the company’s activities do not constitute the practice of engineering and the company removed the word “engineering” from its name.

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

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.

• Public complaint against a geological consulting company resulted in the company obtaining a permit to practice.

• Reference to environmental company found on independent website. Investigation revealed the company engages in the practice of engineering. The company acquired a permit to practice after contact from Compliance.

• Three companies with the word engineering in their names found in the Alberta Gazette.

• Inquiry about incorporating a company name with the word engineering led to the company obtaining a permit.

• Complaint from APEGGA member against an oil and gas company engaging in the practice of engineering. The company acquired a permit to practice following contact.

• Compliance determined that a company that had cancelled permit was engaging in the practice of engineering. Contact with the company resulted in the company reinstating its permit.

• Oil and gas exploration and production company being pursued by Compliance for a practice violation acquired by another oil and gas company, which obtained a permit to practice.

• Company discovered advertising in Calgary Herald classified advertisements for engineering and geological positions.

Verified not practicing applies to individuals or companies contacted for which, after investigation, it is concluded that activities do not constitute the practice of engineering, geology or geophysics in accordance with the legal definition in the EGGP Act. In all situations where activities are deemed not to be the practice of engineering, geology or geophysics, notice is given to revise websites and all applicable information to remove any implications of practice.

• Alberta Gazette listed a company with the word “engineering” in its name. The Compliance Department verified the company is dormant at this time but would obtain a permit to practice when it becomes active.

• Company found on APEGGA’s  database employing an engineer-in-training without holding a permit to practice. Determined the company is not practicing engineering and the E.I.T. is not gaining APEGGA-applicable experience through the company.

• Company advertising in Calgary Herald for position requiring a bachelor of science in mechanical or electrical engineering. Compliance Department confirmed that the company is currently outsourcing all engineering and also reminded the company that should it hire an engineer, a permit to practice would be required before any engineering activities take place.
  
  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 or information available to further pursue the violation, etc.

• Compliance Department opened file on an oil and gas company. The company confirmed that it already has a permit to practice in good standing.

FREQUENTLY ASKED QUESTION

Q: If I am a member-in-training, may I set up a corporation in Alberta with the word engineering, geology, or geophysics in the company title and do I require a permit to practice?

A: If your intention, as a member-in-training, is to set up a corporation in Alberta to consult, produce or promote a product independently and based on your technical training in engineering, geology or geophysics, a permit to practice is required. To qualify for the permit, the corporation must have a responsible member who is a professional member registered with APEGGA. This person must be a full-time employee or a member of the firm who can supervise and take responsibility for its day-to-day professional activities.

If the company is simply required to incorporate as a condition of contract employment, then a permit to practice is not required, provided the employer has a permit to practice and is willing and qualified to take responsibility for your company’s work. The work performed by your company must be supervised by professional members registered with APEGGA and your company must not have the words engineering, geology or geophysics, or any of their derivatives, in its name.