May 2006 ISSUE

COMPLIANCE

Compliance Keeps Close Eye on Title Use

Compliance Department deals with non-members, it is not obligated to reveal the source of a complaint.

Following are some examples of the APEGGA Compliance Department’s March activities.
Ceased using restricted title/holding out applies to individuals or companies who were using a restricted title or holding out in some other manner as authorized to practice while not licensed.

• Use of title “senior geologist” by a non-member removed from company website.

•  Business card of a non-member with the title “applications engineer” was changed.

• On its website, a non-permit-holding oil and gas exploration company was implying the practice of engineering on their website. Issue resolved when the company amalgamated with a permit-holding company.

• Non-permit-holding manufacturing company’s website implied that the practice of engineering was being carried out in Alberta. Issue resolved when it was confirmed that all engineering activities are performed outside of Alberta.

• Non-permit-holding company listed in the Alberta Gazette with “geologic” in is title cooperated by having name changed through Alberta Corporate Registry.

• Non-permit-holding company listed in the Alberta Gazette with “engineering” in  its name was resisting the Compliance Department’s efforts for a name change. The company was reported to Alberta Corporate Registry, which issued a forced name change under the Business Corporations Act.

Personal registration applies to non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province.

• One individual registered in Ontario and one in Saskatchewan practicing engineering in the Province of Alberta now registered with APEGGA.

Permits issued/reinstated applies to non-permit-holding companies whose activities constitute the practice of engineering, geology or geophysics, as well as companies whose permits have lapsed or been struck while their activities have not changed.

• Consulting engineering company employing an APEGGA member.

• Oil and gas exploration company implying the practice of engineering and geology on its website as well as employing APEGGA members.

• Company name identified in media article as engaging in the practice of engineering.

• Oil and gas company whose website implies the practice of engineering, geology and geophysics.

• Company involved in the design of oilfield equipment.

• Member inquiry regarding the licensure of a company whose website implies the practice of engineering and geology.

Verified not practicing applies to individuals or companies contacted and after an investigation concluded that their activities do not constitute the practice of engineering, geology or geophysics in accordance with the legal definition in the EGGP Act.

• One individual registered in Saskatchewan currently residing in Alberta, but not engaging in the practice of engineering.

• Analysis of a company’s activities described on website confirmed that it does not constitute the practice of engineering or geology.

• Investigation of a complaint by a member confirmed that the individual in question is not practicing geology in Alberta.

• Analysis of the activities of a company employing engineers-in-training and no professional engineers confirmed that the activities do not constitute the practice of engineering.

• Company pursued for the practice of engineering was dissolved and a permit obtained by replacement company.

• Company listing under an engineering category in the SuperPages was removed and relocated.

Other applies to files 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 or a member operating as a sole proprietor; no evidence available to further pursue the violation etc.

Clarification
The Compliance Department has been receiving a lot of positive feedback from APEGGA members on our regular PEGG feature. All comments, whether positive or negative, are welcome and taken under serious advisement with a view of improving the article.

Recently, we were made aware of a statement published in the April 2005 PEGG article, which was misleading and requires clarification. The case in question is noted as follows.

“Company employing APEGGA members was contacted for a permit. We determined that the activities are the practice of engineering as they involve the manufacture, sale and service of oil field equipment. The company was very cooperative and obtained a permit to practice.”

The statement referring to engineering should have read, “The activities involve the manufacture, sale and service of oil field equipment. Engineering is involved in the development of the end products.”
We apologize for any inconvenience this may have caused.

Also, one more note. In last month’s article, part of a number was accidentally cut off. Active files at Feb. 28, 2006, was actually 328.

Activity Report

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 following statistics track the activity from March 1 to 31. During this period, a total of 25 practice and title violations were resolved, nine of them involving individuals and 16 involving companies.