A Guide to APEGGA'S
many other professions, engineering and the geosciences are self-regulated
in accordance with an Alberta Government statute - in this case
the Engineering, Geological and Geophysical Professions (EGGP)
Act. Under the Act, APEGGA ensures only properly qualified engineers,
geologists and geophysicists are allowed to practice, and that
they do so according to professional standards and a Code of
Ethics. By licensing companies providing these services in Alberta,
APEGGA also ensures similar high standards of corporate practice.
The Association has the power and an obligation to withdraw the
right to practice from members found guilty of unskilled practice
or unethical conduct.
the Discipline Process Works
discipline process is designed to maintain high professional
standards and deal with situations in which the public's safety
or welfare may be endangered. The process is not an alternative
to the civil courts. It deals solely with professional and ethical
practice. Anyone with a concern about the conduct of an APEGGA
member or permit holder is encouraged to contact the Association.
ensure fairness and impartiality, a separate committee handles
each stage of the process. The Investigative and Discipline Committee
and Appeal Board is composed of members of APEGGA's governing
Council, other professional members and public represenatives
appointed by the Government of Alberta.
ensure impartiality, each stage of the process is handled by
a separate panel. These panels are composed of members of APEGGA's
governing Council, other licensed members, and in the case of
the Investigative and Discipline Committees, a public representative
appointed by the Government of Alberta.
complaints are kept strictly confidential. However, a formal
discipline hearing is open to the public unless the case being
discussed is of a sensitive nature. Similiarly, such open hearing
decisions are also available to the public.
Evidence About Your Complaint
you believe that a member of APEGGA or a permit holder
may have acted in an improper or incompetent manner,
we would like to hear from you.
staff can answer questions about what to expect from
an engineer or geoscientist, even if you do not wish
to register a formal complaint. They can also verify
whether someone is a licensed professional engineer or
geoscientist, or a permit holder.
you decide to lay a complaint, they will review your
concerns with you and provide assistance in advising
what material is required to support allegations of either
unprofessional conduct or unskilled practice, or both.
of the Complaint
investigative panel of the Investigative Committee will
review the material provided. They may obtain additional
information from the person making the complaint, or
from other sources, if required. In turn, the panel will
recommend to the Investigative Committee either that:
the complaint be dismissed if it is of the opinion
the complianant is frivolous, vexatious or it there
is insufficient evidence, or
a formal hearing be held regarding the complaint. In
this instance the Investigative Committee will present
the complaint to the Discipline Committee to prosecute
is also an alternative available if member under investigation
admits to unprofessional conduct or unskilled practice.
A formal hearing may be unnecessary. The Investigative
Committee may recommend that the Discipline Committee
consider a stipulated order be considered. The Discipline
Committee then appoints one of its members to serve as
a case manager to review the admission and the recommended
sanction of the Investigative Committee, along with all
material facts. If the case manager agrees with the recommendation,
he or she will discuss the matter with the member. If
the member also agrees, the resulting decision has the
same force and effect as an order following a formal
hearing. If the recommended sanction is rejected the
matter then proceeds to a formal discipline hearing.
the complaint proceeds to a formal hearing, a written
notice of the hearing outlining the Charges is served
on the member or permit holder, who may hire a lawyer.
A panel of the Discipline Committee is appointed to conduct
the formal hearing. The Discipline Panel has the same
powers as the Discipline Committee and its decision is
hearings are usually held at the Association's offices
and follow court procedure, with a court reporter present.
Witnesses will be called to testify, and both the complainant
and the charged professional will have an opportunity
to speak to the panel or be available for questioning.
the end of the hearing, the Discipline Panel will examine
all of the evidence and testimony presented before reaching
a decision. If the Panel does not find that the conduct
is unprofessional or the practice is unskilled, the charges
there are findings of unprofessional conduct or unskilled
practice, the member could:
suspension of his or her right to practice for a stipulated
his or her right to practice cancelled completely,
ordered to meet other requirements.
addition to these sanctions, the panel may impose a fine
of up to $10,000 and assess costs of the hearing. Persons
whose right to practice has been suspended may be ordered
to pass professional or practice standards examinations,
complete a course of study or obtain experience in a
particular field before having their right to practice
Association is committed to dealing with complaints fairly
the member and the Investigative Committee may appeal the
decision of the Discipline Committee Panel to APEGGA's
a member may subsequently appeal a decision of the Appeal
Board to the Alberta court of Appeal.
well, the complainant has the right of appeal to APEGGA's
Appeal Board should the complaint be dismissed following
ensures that only licensed professional engineers, geologists
and geophysicists are allowed to practice these professions
in Alberta, and that only licensed permit holders are allowed
to provide engineering, geological or geophysical services.
you have been offered these services by someone who does
not have a license or a permit to practice, this is grounds
for APEGGA to take action against that person or company.
We would like to hear from you if you suspect you are
dealing with an unlicensed individual or firm.