February 2007 ISSUE

Home > Members > Publications > The PEGG > February 2007

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 activity from Jan. 1 to Dec. 31, 2006. During this period, a total of 376 practice and title violations were resolved, 140 of them involving individuals and 236 involving companies.

Below are explanations of the various categories with examples of cases resolved in December 2006.

Violations are primarily identified as a result of the Compliance Department’s pro active efforts, as well as member, public and anonymous complaints with supporting evidence.
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, even though they were not licensed. Investigation by the Compliance Department confirmed that the activities were either not the practice or the individuals were practicing under the supervision and control of a professional member. In all cases the situations were resolved by having the word engineer removed or replaced.

• Individual using a title with the word engineer

• use of the title Instrumentation Engineer in a resumé

• business cards of individuals using the title of Process Engineer

• Certified Engineering Technologist using the title of Control Systems Engineer on business card

• HR manager contacted regarding staff members using titles with the word engineer while not registered.

Personal registration applies to qualified but non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province. As a result, the individuals have applied for personal registration with APEGGA.

• business card received with title of Engineer-in-Training

• website review of a non-permit holding company revealed an individual who was practicing geophysics

• resumé of non-licensed individual looking for an electrical engineering position.

• individuals registered in Manitoba and Ontario who are now living and practicing engineering in Alberta.

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. The companies contacted have either obtained a permit to practice or submitted an application.

• APEGGA member inquiry revealed that an oil and gas production and exploration company did not have a permit to practice

• corporate career advertisement for an engineer and geologist

• media article on a company without a permit employing several professional members

• job posting for a reservoir engineer.

Verified not practicing applies to individuals or companies whose activities do not constitute the practice of engineering, geology or geophysics. Websites and all other information are required to be modified to remove all implications of practice. In addition, a disclaimer letter is sent advising that if activities should change in the future to include the practice, a permit will be required.

• individuals registered in other provinces who are reportedly living in Alberta and have since moved on or retired, or are not practicing.

Other applies to files resolved for other 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; lack of sufficient evidence or information available to further pursue the violation at this time; or determination that one of the exemptions under the EGGP Act, Sections 2(1)(4), 5(1)(4) or 7(1)(4), is applicable.

FREQUENTLY ASKED QUESTION

Q:  I am a member in training (E.I.T., Geol.I.T., Geoph.I.T.) and my employer has requested that I incorporate as a condition of employment. Do I require a permit to practice?

A: No. The EGGP Act Sections 2(1), 5(1) and 7(1) restrict the practice of engineering, geology and geophysics to professional engineers, geologists and geophysicists, and permit holders.

The EGGP Act Sections 2(1)(4)(b); 5(1)(4)(b) and 7(1)(4)(b) exempt members-in-training from the aforesaid and entitle them to practice under the supervision and control of a professional engineer, geologist or geophysicist, or permit holder.

For this reason, M.I.T.s who have had to incorporate as a condition of employment do not require a permit, provided their employer is willing and qualified to take responsibility for their work. The work performed by the M.I.T.s through their corporations must be supervised by professional members registered with APEGGA and their corporations must not have engineering, geology or geophysics (or derivatives of these titles) in their names.