Chapter 3
Reasons for Regulation of These Professions
The Practice of Geophysics
3.1
Several years ago Dr. Roy O. Lindseth, P. Geoph. wrote an article
on the registration of geophysicists. The text of his article is
reproduced below, updated to 1989 by Dr. Lindseth.
3.2
The merits of professional registration of geophysicists is a question
which has long been argued. The major point in the case against
registration arises from the fact that some 96% of all geophysicists
engaged in commercial, rather than scientific, activities practice
petroleum exploration. Most of them are employed by oil companies
or operate under retainer to oil companies. They normally report
directly to senior explorationists who have a good working knowledge
of geophysical exploration. Their work is very frequently subject
to peer evaluation. Furthermore, a geophysical study is often only
one component of several elements entering into an exploration decision
and, as such, does not carry the full responsibility for the exploration
decision. For these reasons those exposed to registration correctly
consider that most geophysical work does not impinge directly upon
the public and the public, therefore, is not at risk.
3.3
These arguments so far appear to have been widely accepted with
telling effect; outside Alberta the only other jurisdiction with
an active professional registration program governing a substantial
body of geophysicists is the State of California. Other jurisdictions
in Canada, however, are now registering geophysicists and still
others are giving serious consideration to their registration. (see
paragraphs 3.25 - 3.32)
3.4
Geophysicists are an independent group, and when registration has
been proposed they most often argue against it. This was the case
in California, where a strong and vociferous lobby was mounted against
the law when it was first proposed in the early 1970s. However,
after hearing all arguments, the bill was passed by the state legislature
in 1973. California also has a Sunset law, under which all such
legislation is reviewed periodically to verify its need. In 1978,
following a Sunset review, it was decided to continue registration
of geophysicists in California.
3.5
The experience of the State of California is cited because, like
Western Canada, it is a mature petroleum exploration area with a
large number of resident geophysicists. Some of the following arguments
in favour of registration therefore have greater significance.
3.6 The fundamental argument is favour of registration of geophysicists
is protection of the public. In a mature area, large numbers of
small exploration organizations develop, often consisting primarily
of speculators and inventors working independently of conventional
operating oil companies. Under tax laws which exist from time to
time in Canada and the U.S., investments in petroleum exploration
can be sheltered from taxation. These shelters attract a large number
of unsophisticated investors into such group investment vehicles
as drilling funds and limited partnerships. The promoter groups
may do primary exploration and often work on farmouts (usually an
area controlled by a large oil company in which the quality of a
given play is less than the minimum acceptable standard for that
company. In return for some consideration, the owner will farm out
the acreage to any group willing to accept the risk). In most of
these operations, there is a strong incentive to make the play appear
as attractive as possible to the investor. The primary exploration
tool for petroleum plays is the reflection seismograph. Therefore
substantial emphasis may be placed upon geophysical opinion and
considerable pressure may be exerted to produce a favourable report.
This may come from an independent professional consulting geophysicist,
or may be the opinion of a geophysicist employed by either the company
promoting or farming out the play.
3.7
In such cases, the public should be protected from unwarranted economic
exposure as well as any physical harm. Therefore, a telling argument
for the registration of geophysicists is to protect the public from
unwarranted optimistic opinions in some of the situations outlined.
3.8
The second major argument for professional registration of geophysicists
is more administrative in nature, relating to the much stronger
case that can be made for registration of geologists. A fairly large
proportion of the geological profession is engaged in activities
which deal directly with the public, not only in the petroleum industry
but in a wide range of activities related to minerals, groundwater
and construction. In the petroleum industry, a geologist is often
the prime mover in development, marketing and execution of exploration
plays and also in the drilling of the actual well. His opinions
may affect activities which have a direct bearing on public health
and safety in addition to financial risk. Most geologists support
and encourage some form of professional registration.
3.9
Geological and geophysical activities overlap to a substantial degree,
the main difference being that the geologist deals with direct measurement
of the rocks while the geophysicists interprets such information
from measurements of the response of the rock to some form of excitation.
Except for this fundamental difference in source data, the professional
activities of the two often tend to overlap substantially, yet each
professional recognizes the other as a distinct discipline having
several different educational and experience requirements. Unfortunately,
it is almost impossible to draft any law for professional registration
of geologists which excludes geophysical activities. If the law
is sufficiently broad to encompass normal geological activities,
it invariably includes much of that which is defined as geophysics
and geophysicists would find it impossible to practice without registration
as geologists, which they agree they are not. Conversely, if a satisfactory
law is drafted to exclude geophysicists, it ends up with very large
loopholes, rendering it ineffective for geologists. This may be
one reason that the Alberta Government is not receptive to separate
legislation for each of these two professions.
3.10
The true value in legislation for professional registration lies
in the sections covering enforcement and discipline. Where legal
registration does not exist, geologists and geophysicists invariably
form voluntary groups which adhere to most of the rules for professional
practice and a code of ethics. They will also include procedures
for enforcement and discipline but, unfortunately, the penalties,
such as expulsion from the voluntary association, are totally ineffective
and have never proven to be an effective deterrent to unprofessional
practice.
3.11
The overwhelming majority of geophysicists are conscientious professionals
who conduct their practice with the same responsible attitudes whether
legislation exists or not. Legislation is needed to protect the
public and the profession from the unprincipled acts of the charlatan
or the morally deficient individual who uses the shelter of the
excellent reputation earned by the profession to violate the confidence
and trust of an unsophisticated investor. (End of article)
3.12
Also germane to regulation of the practice of geophysics is the
report to Council in 1960 of a small committee of members of the
Association which examined the draft act being developed at that
time. This committee listed several points in support of including
geophysicists in the Alberta Act. It considered the objectives of
the professional association to be twofold: to protect the public
and to protect the profession. Both objectives are concerned with
control of the ethics of the people who are performing professional
services. An association embracing geophysicists, then, should afford
a means whereby the geophysicists' qualifications may be reviewed
and an official registration provided acknowledging acceptance of
those qualifications; the Association should also provide suitable
disciplinary procedures.
3.13
The committee listed some situations in which geophysicists may
be considered as having dealings with the public - situations in
which protection of the public might be of concern. These situations
are valid today and are similar to the comments made by Dr. Lindseth:
1.
Geophysical consultants advertise their services publicly and may
be considered as having public contacts; this group should have
registration in an association both for protection of the public
and for their own protection. Geophysical contractors also do a
small amount of work that can be considered as consulting; key personnel
should be registered for these purposes.
2.
Geophysical work often leads to reports, parts or all of which must
be transmitted to government agencies in compliance with government
regulations. The Alberta Department of Energy and Natural Resources
recognizes a need for licensing of geophysicists. For example, in
accordance with the Alberta Geophysical Incentive Regulations, a
final report on a geophysical incentive program is required to be
made on behalf of the licensee (holder of an exploration license
under which a seismic reflection program is conducted) by a registered
professional geophysicist (or geologist or engineer). In another
example, the Exploratory Drilling Incentive Regulation requires
a report to the Minister of Energy and Natural Resources covering
expenditures on incentive exploratory wells signed and sealed by
a professional geophysicist (or geologist or engineer) for credit
to be determined and granted.
3.
Geophysical reports may be used in full or out of context for the
purposes of promoting stocks and securities. This is a public matter
and such reports should only appear over the name of a registered
professional geophysicist. (A geophysicist who might be inclined
to sign a false or misleading report for purposes of stock manipulation
might be less inclined to do so if he ran the risk of losing his
license.)
4.
A geophysicist may appear in court or before some hearing or commission
to present testimony as an expert. This is a public matter and it
is appropriate in such instances that a geophysicist so appearing
should be qualified through registration.
3.14
Dr. Lindseth lists two additional reasons for regulation of geophysics
practice:
1.
A small exploration company that does not have its own geophysical
staff has a right to expect work of professional calibre from professional
geophysical consultants or contractors that it might employ from
time to time. The term "P. Geoph." gives some assurance
of professionalism.
2.
In certain branches of geophysics, such as high-resolution surveys
for dam sites, marine drilling locations and pipeline right-of-ways,
misinterpreted seismic data could certainly pose a potential hazard
to the public.
The Practice of Geology
3.15
Most of the reasons cited in the foregoing paragraphs for registration
of geophysicists also apply to the practice of geology. However,
geological practice has more of a direct impact on the public than
geophysical practice (see paragraph 3.8).
3.16 It is appropriate that geologists be registered for a number
of reasons. The most important of these is protection of the public
from the activities of unqualified, incompetent or unscrupulous
individuals. Whereas in the practice of engineering the potential
danger to the public may involve loss of life, limb or property,
in the practice of geology, which primarily involves resource evaluation
and development, the largest potential danger is financial. Decisions
and recommendations made by geologists with respect to assessment
of mineral and petroleum resources, even by those in employee positions
with companies, often involve the expenditure of extremely large
sums of money, in many instances by investors who have little or
no qualification to evaluate the technical soundness of geological
advice they may receive. This is particularly true in the petroleum
industry in Alberta at times when most of the exploratory drilling
is being financed by drilling funds, private investment syndicates
and corporations whose experience, knowledge and expertise lie in
other areas. It is also equally true in the minerals industry. Where
shares of resource-based corporations are offered to the public,
a technical appraisal of the properties of the corporation must
be made to satisfy the requirements of the appropriate securities
commissions and thereby to offer some protection to potential investors.
This can be done most effectively by qualified, experienced and
responsible geologists, and registration in a professional association
ensures the acceptability of academic and experience qualifications
of such geological practitioners.
3.17 Protection of the public involves geological input in such
areas as mines design and operation; soils and foundation studies
for construction of buildings, bridges, dams and reservoirs; groundwater
resource evaluation for municipalities and industries; groundwater
pollution resulting from waste disposal including landfill and disposal
of radioactive wastes; urban land use studies and assessment of
earthquake hazards. Geologists are frequently involved in these
areas, either individually or as members of multidisciplinary teams.
Unlike engineering practice, there may not be an immediate loss
of life resulting from negligence or substandard practice, such
as in the collapse of a building, but loss of life could occur from
foundation failure or slope failure. Serious long-term environmental
impact could result from groundwater contamination. Thus in these
areas the activities of unqualified geological practitioners pose
a potential danger to much the same extent as do the activities
of unqualified engineering practitioners.
3.18
Another reason for registration is that the registering professional
association provides a means whereby members of the public who feel
they have been the subject of incompetent or unethical practice
can seek redress. Technical societies cannot fulfil this role inasmuch
as they have no effective means of applying sanctions against an
offender. The knowledge that the right to practice is subject to
scrutiny by peers and ultimately to withdrawal for improper conduct
is a strong incentive for an individual to practice in a responsible
professional manner.
3.19
Still another reason for registration involves the positive effect
that the presence of a professional association has on the educational
standards of institutions which prepare students for entry into
the profession. Changes have been made to the geology curricula
at both the University of Alberta and the University of Calgary
in response to academic standards required by APEGGA. Practising
professionals outside the academic institutions are well qualified
to comment on the educational level necessary to practice effectively.
3.20
The practice of geology has become increasingly more diverse and,
like the practice of engineering, the number of branches, subdivisions
and sub-disciplines is increasing. Regulation of the profession
means the application of uniform standards of entrance to the profession
and the prevention of unqualified people from practising as geologists.
The public needs protection from unscrupulous and unsafe practices
and if the profession itself is not prepared to provide this protection,
it is likely to be provided by a government agency. In the public
interest it is preferable to have the regulation of the practice
of geology carried out by a self-governing profession.
Should there be Separate Legislation?
3.21
Accepting that regulation of the practice of geology and geophysics
in Alberta as a "fait accompli" and necessary for the
reasons described previously, a subject that has caused considerable
discussion and argument over many years is whether geologists and
geophysicists should be included in the present legislation along
with engineers, or whether separate and individual legislation should
be established for the two professions. This matter was first considered
as early as 1954 when the geologists wished to have professional
recognition. At that time it was considered (by Council) that professional
recognition of the practice of geology would be best pursued through
the Engineering Profession Act as it would likely be difficult to
develop a separate professional act.
3.22
One of the criteria accepted by the Government of Alberta for determining
the eligibility for recognition under legislation of a profession
to be granted autonomous rights or authorities is "Evidence
that the services to be provided by members of the Association are
not merely fragmentations or duplications of more comprehensive
service programs of associations already recognized." The Government
paper of 1978 states that "Self-government is a privilege delegated
to a profession or occupational group by the Legislature only when
it is clear the public can best be served by delegating this authority"
and "whether or not groups consider themselves professionals
is not, of itself, a valid criteria for the determination of whether
groups should be self-regulated and to what extent." From the
government point of view, it seems that individual acts legislating
the practices of geology and geophysics is an unlikely prospect.
3.23
Apart from governmental considerations, there are other reasons
why the professions of geology and geophysics, along with engineering,
should continue to be recognized under a single Act. If separate
recognition were to be seriously considered, the Canadian societies
of petroleum geologists and exploration geophysicists CSPG and CSEG
would likely be the bodies that would form the nuclei of the new
professional associations. In response to the question "If
professional registration is necessary, can CSPG provide this more
efficiently than APEGGA?", Dr. Cal R. Evans, P. Geol. states:
"Having seen at first hand the amount of work involved in accreditation,
registration, enforcement and discipline, I personally feel that
it would be a very major mistake for CSPG to try to undertake these
activities. In the first place, it would require a number of fulltime
staff members so that I doubt that there would be much, if any,
cost savings vis-a-vis the service provided by APEGGA. Secondly,
and much more seriously, I feel that undertaking this major program
would seriously dilute the management efforts of CSPG's executive
and thus detract from the very excellent scientific program that
the Society has achieved over the past years." Jack M. Browning,
P. Geol., APEGGA President 1983-84, makes a similar comment: "The
scientific thrust of the CSPG will deteriorate rapidly, the dues
will increase rapidly, and the CSPG within a period of 5 years will
by run by the professional executive director and his staff. To
think otherwise is to underestimate the amount of work required
by a professional association." Similar comments could be made
respecting the CSEG. Since the number of professional geophysicists
is much less than the number of professional geologists, the cost
of admission and membership fees levied by a separate professional
geophysical licensing association might well be higher than those
of a geological registration body.
3.24
The final report of the Williams' Committee on Professional Registration
drew the following conclusions with respect to the matter of a separate
Act governing the practice of geology and geophysics:
1.
Geologists and geophysicists must recognize and accept the practical
reality that the practice of their professions in Alberta is governed
in law by the Engineering, Geological and Geophysical Professions
Act (1981). The Act exists and we must operate within its constraints.
In view of Government policy it is very unlikely to be changed by
the Provincial Government, certainly not over the next few years,
regardless of any submission that might be made.
2.
Annual fees payable to an independent association charged with registration
of geologists and geophysicists would be comparable to fees currently
charged by APEGGA and could well be higher, depending upon the expectation
of members. It is anticipated that startup costs associated with
lobbying for and drawing up of an act would be in the order of $50,000
spread over a five to eight year period, in addition to regular
annual dues.
3.
Because of the legal and financial conclusions reached above, and
the strong impression that at least in part, the straw vote at the
October 1980 meeting in favour of registration by CSPG and CSEG
was caused by confusion about the roles of technical and professional
societies, the Committee concluded that it could not directly follow
the wishes of the October 1980 meeting by recommending that the
CSPG and CSEG undertake responsibility for professional registration
of geologists and geophysicists.
4.
Furthermore, although the majority of geologists and geophysicists
in Alberta are involved in the petroleum industry as employees,
and most of these are located in Calgary, a significant number (10-15%)
practice in other areas (mining, geotechnical, coal, environmental,
Pleistocene, teaching, government surveys), in other parts of the
province and/or are self-employed, and their needs must be considered.
It would be inappropriate for the CSPG or CSEG to claim to represent
the diverse needs of these earth scientists, and the establishment
of a new association separate from APEGGA could create problems
of overlapping practice of individuals and companies (geology/engineering,
geophysics/engineering) and inevitably, difficulties of the kind
which caused problems between engineers and architects.
5.
There would not necessarily be any savings in annual membership
dues in an association with paid staff, independent of APEGGA, and
conditions for membership (academic and experience) could not be
significantly different from current requirements for registration
in APEGGA.
Registration
of Geology and Geophysics
in other Canadian Jurisdictions
3.25
Associations of Professional Engineers, established to regulate
the practice of engineering, exist in the other Canadian provinces
and territories. Most of these were established in the early 1920s.
Up until the 1980s Alberta was the only province to include regulation
of the geology and geophysics professions in its Act. But by 1989,
two provinces had introduced legislation and others were in the
process of doing so.
3.26
In 1979 the Northwest Territories introduced an ordnance, based
on the APEGGA act, to regulate the practices of engineering, geology
and geophysics. This ordnance was subsequently promulgated as an
Act. The requirements for registration are the same as those of
Alberta, and APEGGA and its Board of Examiners carry out the registration
function on behalf of the Northwest Territories Association (NAPEGG).
3.27
The Association of Professional Engineers of Newfoundland (APEN)
in 1984 decided to include the earth science professions in revised
legislation. Its decision was the culmination of many discussions
that were initiated in the first instance by the geologists and
geophysicists working in the province. The matter was discussed
at annual meetings in 1982 and 1983. A majority of the geologists
and geophysicists favoured legislation for these professions through
combining them in the engineers' act, and this was supported by
the results of a referendum. In its final report, the Task Force's
comments on reasons for combining engineers and geoscientists in
one association included: "these two professions are based
on similar bodies of knowledge: mathematics, physics, chemistry
and the earth sciences; they are both productive professions; specializations
of one easily lead into and/or meld with specializations of the
other (e.g. mining engineering, geological engineering, engineering
geology); employers of one frequently employ the services of the
other".
3.28
The Newfoundland Act received government assent in 1988 and the
association became known as the Association of Professional Engineers
and Geoscientists of Newfoundland (APEGN). The format and contents
of the Act are patterned after the Alberta Act, but there are certain
differences:
1. Rather than treating geology and geophysics as individual professions,
they are treated collectively as the "practice of geoscience".
The definition of practice is similar to what would result by combining
the definitions of the practices of geology and geophysics contained
in the APEGGA Act. One of the qualifications for registration specified
in the accompanying regulations is "a Degree in Geoscience
from a university program approved by the Board of Examiners."
2.
Professional geoscientists do not have an abbreviated designation
assigned as well, as in the case of "P. Geol." and "P.
Geoph." in Alberta.
3.
There is no Practice Review Board.
4.
Permit holders are divided into two classes - A and B. Class A applies
to those entities primarily engaged in providing professional services
to the public while Class B applies to those not providing such
services.
5.
The Board of Examiners may be divided into two divisions - one to
evaluate applications for professional engineers and the other to
evaluate applications for professional geoscientists.
3.29
The Saskatchewan, British Columbia and Yukon Associations are in
the process of amending their Engineering Acts to include the earth
sciences. APES commenced the process in 1987, and although it was
fairly well advanced by the end of 1989, some issues were being
studied further by government and the geological associations involved.
APEBC has revisions in process that were initiated and are being
advocated by the thousand or so geologists and geophysicists in
that province. These revisions are expected to include geochemists
along with geologists and geophysicists as "professional geoscientists".
APEYT drafted a revised act in 1988 which, on the initiative of
the Yukon Association, included geologists and geophysicists. It
was modelled after the APEGGA Act. A small society was formed to
promote the inclusion of these professions - the Yukon Professional
Geoscientists Society. Further development is likely to be protracted.
3.30
The Association of Geologists of Quebec was formed in 1968 to group
together those persons practising professional geology and form
the basis for establishing a professional association. In 1984,
it changed its name to the Association of Professional Geologists
and Geophysicists of Quebec with the objective of seeking official
recognition of these professions. As of 1989, it had a membership
of 400.
3.31
This Quebec association issues a news bulletin every three months
and holds a general meeting annually. It has its own regulations
covering requirements for membership, certificates, seals and stamps,
etc. Discussions have been held over the years with the Order of
Engineers of Quebec (OIQ) on subjects of mutual interest including
the possibility of amalgamating the two organizations. Since OIQ
views its responsibilities to protect the public interest as paramount,
it has not agreed to such amalgamation. However, when appropriate,
cooperative efforts and activities are undertaken jointly.
3.32
Some 5,000 geologists and geophysicists in Ontario are understood
to wish to have government legislation to regulate their profession.
As of the end of 1989, they have had discussions with the Association
of Professional Engineers of Ontario (APEO) about amalgamation under
the Ontario Professional Engineering Act. However, since that act
had recently undergone a major revision, it seems unlikely that
a further change would be made, and if regulation of geological
and geophysical practice proceeds to fruition, a separate act is
likely to result.
3.33
The Canadian Council of Professional Engineers (CCPE), established
in 1936, acts as the national coordinating body for the provincial
licensing authorities. Each provincial association pays an annual
assessment to CCPE based on the number of professional members it
has on its rolls. APEGGA's assessment is based on the number of
professional geologists and geophysicists, as well as engineers,
in the Association, and a recent clarification of the CCPE bylaws
has confirmed that members of all three professions may hold office
on the CCPE Board.
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