APRIL 2006 ISSUE

COMPLIANCE

Department Resolves 15 Violations in February

Compliance statistics show that during February a total of 15 practice and title violations were resolved, nine involving individuals and six involving companies. Examples of cases resolved are summarized below.

Ceased using restricted title/holding out means that there is not a practice issue; however an individual or company is either using a restricted title or holding out as authorized to practice while not licensed.

• Use of title “mechanical engineer” on company website while not registered. Title was removed from website.

Personal registration involves individuals who apply for professional membership after being contacted regarding a practice or title violation or have relocated from another province.

• Individuals registered in Ontario and Quebec were noted to be practicing engineering within Alberta while not registered.

Permits issued/reinstated is a category that relates to companies deemed to be practicing within Alberta while not holding a permit to practice. It also covers permits that have lapsed or been cancelled for no valid reason.

• Member complaint received regarding an oil and gas exploration company whose activities constitute the practice of engineering.

• Company involved in the oil and gas industry employing APEGGA members and implying the practice of engineering, geology and/or geophysics on its website.

• An oil and gas exploration company acquired a company the Compliance Department was pursuing for a permit to practice. Information found on the purchasing company implied the practice of geology and geophysics and a permit was obtained.

Verified not practicing involves the investigation of suspected practice violations by individuals and corporations, when the investigations determine that activities are not, in fact, the practice of engineering, geology or geophysics.

• Information received regarding individuals registered in Saskatchewan and Manitoba practicing engineering in Alberta. Confirmed that individuals do not practice in Alberta.

• Complaint received from member regarding a company that may be engaging in the practice of engineering. Upon further review of the company’s website, it became evident the company is not practicing engineering in Alberta.

• Business article on company using “engineering” in its name found in a city newspaper. The Compliance Department received confirmation that the company is inactive and does not practice engineering.

• Alberta Gazette listed newly incorporated company using “engineering” in its name. Contact with the company revealed that it is not engaging in the practice of engineering and the word “engineering” was removed from the company name.

Other files were 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 of a member operating as a sole proprietor, no evidence or information available to further pursue the violation etc.

• Information received on two individuals registered in another province who may be practicing engineering within Alberta. Attempts to contact individuals at the addresses provided revealed that individuals no longer live there. Research did not reveal further contact information.

Activity Report

Editor’s Note: The following statistics track 2006 Compliance Department activity. The department’s job is to enforce the right-to-practice and right-to-title provisions of the EGGP Act Part 1. The Compliance Department’s focus, therefore, is on individuals and companies that are not members — those which may be, inadvertently or otherwise, holding themselves out as members or practicing the professions illegally.

* Other files were 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 of a member operating as a sole proprietor etc.

FREQUENTLY ASKED QUESTION

Q: I am a geologist registered with APEGGA. If my employer assigns me a title using the word “engineer” or “geophysicist” (i.e. field engineer), am I authorized to use it?

A: No. The Engineering, Geological and Geophysical Professions Act, Sections 3(1), 6(1) and 8(1), provide the exclusive use of the word “engineer” for professional engineers, “geologist” for professional geologists, and “geophysicist” for professional geophysicists.

APEGGA believes that the permit-holding company has a responsibility and obligation to its employees to advise them of title restrictions under the EGGP Act and to only assign titles which are compliant. Notwithstanding, the employee —not the company that assigned the title — is subject to prosecution under act for title violation.