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November 2007 Issue

Compliance

 

Report a Violation


If you are aware of practice or title violations and you are able to provide evidence (reports, letters, business cards, websites, etc.) we encourage you to contact Allison Cammaert at acammaert@apegga.org.

Because the Compliance Department deals with non-members, we do not reveal the source of complaints when you make contact.

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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 that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.

Statistics in the Activity Report track activity from Sept. 1 to Sept. 30.

During this period, a total of 24 practice and title violations were resolved. Ten involved individuals and 14 involved companies. Also included in our monthly Compliance report are explanations of the various categories with examples, and the Frequently Asked Question.

Violations are identified primarily out of the Compliance Department’s proactive efforts, and member, public or 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 while not licensed.

Investigation by the Compliance Department confirmed that the activities were either not the practice of engineering, geology or geophysics, or that the individuals were practicing under the supervision and control of a professional member.

  • Project Engineering Manager title being used by an individual while not registered.

  • Individual using P.Eng. designation on business card while not registered.

  • Individual using the job title Geologist on a company website while not registered.

  • Certified engineering technologist using the title Project Engineer.

  • Company holding out the practice of engineering on website when it is actually outsourced to a licensed company

  • Individual using the title of Chief Engineer while not registered.

  • Engineering Services Coordinator title being used by an individual while not registered.

  • Individual using Manager Engineering Services job title while not registered.

Personal registration applies to qualified but non-licensed individuals who were 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.

  • Former professional engineer still engaging in the practice of engineering in Alberta reinstated membership.

  • Individual holding out as Chief Geologist for an exploration company while not registered.

  • Former professional geologist reinstated membership after found to be holding out as entitled to engage in the practice of geology on a company’s website.

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. The companies contacted have either obtained a permit to practice or applied for one.

  • Company with cancelled permit determined to still be practicing engineering.

  • Three oil and gas exploration and production companies operating without permits to practice.

  • Company using the word engineering in company name and engaging in the practice of engineering.

  • Company holding out the practice of engineering on its website.

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.

  • P.Eng. found to be operating a management company and not engaging in the practice of engineering.

  • Determined that two companies holding out the practice of engineering contract to outside consultants.

  • Company obtaining engineering services through a permit-holding engineering firm.

  • Two exploration and production companies outsourcing their geoscience and engineering activities to permit-holding companies.

FREQUENTLY ASKED QUESTION
Q: Can a non-member incorporate and own an engineering, geological or geophysical company in Alberta?
A: Yes. A non-member can incorporate, own and operate an engineering, geological or geophysical company in Alberta, providing the company holds a valid permit to practice and at least one professional member is employed full time to provide responsible direction and personal supervision to all or part of a permit holder’s professional practice. This person would agree to conduct the professional practice for which he or she has assumed responsibility, in strict accordance with the requirements of relevant legislation and regulations.

 

Active files as of Sept. 1, 2007

 

   514

Files opened during period

 

100

Files closed during period

 

24

Files Resolved for Individuals

 

10

   Highlights

 

 

   Ceased using restricted title

7

 

   Personal registration

3

 

   Verified not practicing

 

 

   Other

 

 

   Files Resolved for Companies

 

14

   Highlights

 

 

   Permits issued or reinstated

1

 

   Ceased using restricted title/violating

6

 

   Verified not practicing

7

 

   Other

 

 

Active Files at Sept. 30, 2007

 

590