DECember 2009 issue
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Professional Practice & Ethics Corner
APEGGA members with professional practice or ethics questions are welcome to mail them to Ray Chopiuk, P.Eng., Director, Professional Practice, APEGGA, 1500 Scotia One, 10060 Jasper AVE NW, Edmonton, AB T5J 4A2; fax them to 780-426-1877; or e-mail them to rchopiuk@apega.ca. |
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Q Our consulting engineering firm provides civil and structural engineering services to the oil and gas industry. The clients include small businesses, but the majority of the projects are for large corporations that are APEGGA permit holders. Our engineers ensure that our clients fully understand the design parameters, codes, standards and assumptions used to complete the work. Although our engineers authenticate (stamp, sign and date) their engineering drawings with their professional engineers’ stamps, one of our clients insists that the drawings show the client’s APEGGA permit number, not ours, since, the company says, the work is being done under its permit. Is that correct?
A A permit number indicates that an organization can legally engage in the practice of engineering or geoscience. In this instance, your consulting firm can legally practice engineering and the client can legally practice engineering, since both hold permits. The question remains, which permit holder is practicing here?
Since your firm (through its employees) is providing engineering services to the client, it is your firm’s permit number that should appear on any of the documents it issues. Your firm practices under its own permit, even if the work goes to a client that is a permit holder. If there is some engineering that the client company itself does, then the client’s permit number would appear on the particular documents that represent its work.
Clients or third parties can not dictate stamping requirements. Those requirements are determined by legislation — for example, the Engineering, Geological and Geophysical Professions Act and regulations. APEGGA members are expected to comply with those requirements. APEGGA is the authority that administers the act and regulations, including matters related to the use of professional stamps.
Simply put, clients are in no position to impose, remove or alter requirements for authentication of documents that are set out in legislation.
Q Would ending up in bankruptcy affect my professional status with APEGGA in any way? Would I still be able to practice?
A Declaring bankruptcy, in and of itself, would not affect someone’s registration as a professional member of APEGGA. Assuming the member continued to pay the annual membership dues and complied with the requirements of the Continuing Professional Development program, he or she would be entitled to continue practicing. APEGGA would not normally become involved unless there was some questionable conduct that had occurred.
Several years ago, a discipline matter concerning the bankruptcy of an APEGGA member came before the Discipline Committee. The issue was not that the member was bankrupt, however. In filing for bankruptcy, the member swore a statement of affairs that was found to be false, in that he did not disclose his ownership of shares in two companies.
Furthermore, the member swore a statement that the answers he gave on the examination of bankrupt, pursuant to the Bankruptcy Act, were true in every respect. In fact, the answers were false; they also failed to disclose that he held shares in the companies. As a result, the member’s conduct was found to be unprofessional.
The member’s professional status was not affected, as the orders of the Discipline Committee only called for the member to be reprimanded and for him to pay a portion of the costs of the discipline hearing. He retained his right to practice.