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In Alberta only APEGGA individual members and
permit holders are legally entitled to practice engineering,
geology and geophysics, or hold themselves out to do so. APEGGA
Council has a goal of 100 per cent compliance with the requirements
of the Engineering, Geological and Geophysical Professions
Act.
The Compliance Department, with the support of the Enforcement
Review Committee, is responsible for achieving this goal.
Following are examples of recent title violations, along with
the source of the complaint and resolution.
Member of the public submitted the business card of
an individual using the title civil engineer. Investigation
by Compliance staff confirmed that the individual is neither
registered nor eligible for registration, and the activities
do not constitute the practice of engineering. Voluntary compliance
was received upon notification by the Compliance Department.
A revised business card is now being used with a more appropriate
title.
Member of the public submitted a business card with
the title senior field sales engineer. Investigation of the
employing company and its website identified a second employee
was using the title field sales engineer. In addition, references
to engineering services on the website implied that the company
was engaging in the practice of engineering.
Neither of the two individuals are registered or eligible
for registration, and the company's activities do not constitute
the practice of engineering. Voluntary compliance was received
upon notification by the compliance department. Both the titles
and the website have been revised to delete all references
to engineering.
APEGGA member reported an unregistered individual
listed on a non-permit holding company's website as a P.Eng.
and an engineering consultant. Contact by compliance staff
determined that the individual is eligible for registration
and that the company is engaging in the practice of engineering.
Voluntary compliance was received - personal registration
has been obtained, along with a permit to practice for the
company.
A routine review of the Alberta Gazette by staff revealed
a company using "engineering" in its name while
not holding a permit to practice. The company was reluctant
to comply with the Compliance Department's notification to
change its name or obtain a permit.
Corporate Registry was advised and notice of a violation of
the Business Corporations Act was served on the company, giving
it the options of removing the word "engineering"
from the name or being assigned a numbered company name. In
this case, the company did not respond and a numbered name
was assigned. Investigation of the company's activities did
not find any evidence of engineering work being performed.
Although the majority of cases investigated with non-members
are the result of the pro-active work of the Compliance staff,
we are experiencing a definite increase in public complaints.
Our conclusion is that public awareness and appreciation for
the practice of our three professions is increasing.
First priority is always given to the resolution of member
and public complaints with the primary objective to obtain
voluntary compliance. Failing this, legal or other action
is necessary.
FREQUENTLY ASKED QUESTION
Q. If I send
a complaint in to APEGGA regarding an individual or company
using a restricted title and or practicing engineering, geology
or geophysics in Alberta, may I remain anonymous or am I required
to get involved thoroughly?
A. The Compliance Department strives
to obtain voluntary compliance with the Engineering, Geological
and Geophysical Professions Act.
In this situation, the name of the complainant is not revealed.
If, on the rare occasion, the case should require legal action,
the complainant may be called as a witness. This has rarely
happened.
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