febrUARY 2009 issue
Compliance
Why a Simple Violation Is Important to APEGGA
BY FRANK PERICH, P.ENG.
Assistant Director, 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 Frank Perich, P.Eng., Assistant Director, Compliance, at fperich@apega.ca. Because the Compliance Department deals with non-members, we do not reveal the source of complaints when you make contact.
The Activity Report on this page provides statistics for the entire
year of 2008. During this time 374 new files were opened and 222 were resolved. Potential contraventions are identified as a result
of the Compliance Department’s proactive efforts and member,
public and anonymous complaints with supporting evidence.
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A Calgarian with 50 years of business experience ended up in Alberta Provincial Court recently because of what, on the surface, might seem like a minor indiscretion. He contravened the Engineering, Geological and Geophysical Professions Act by copying a professional engineering stamp onto a report.
The stamp wasn’t in his name. In fact the 81-year-old consultancy owner is not a professional engineer.
Still, some might say, this was a simple report on a building’s post-tension cables. It was the kind of minor duty he’d dealt with for years. The stamp carried the name of an engineer who’s worked with him for two decades. Surely there was no harm in putting a business associate’s authentication on just the sort of drawing they’d worked together on so many times before.
Actually, there is harm in it. This court decision — the man pleaded guilty and was fined $1,000 — speaks to the essence of your Compliance Department’s role in self-governance.
Obviously, there can be criminal implications when a person pretends to be someone else. That’s a whole other set of issues, and the accused was lucky to avoid consequences in that area of law. Criminal charges were withdrawn in exchange for a guilty plea under the EGGP Act.
It is this act — and specifically its exclusive right-to-title and right-to-practice provisions —that Compliance upholds. We deal with non-members who are illegally practicing or holding out to practice the APEGGA professions.
We take all infractions seriously and are always prepared to go to the full limits of the law when necessary.
Much of our work involves discussing an issue with individuals and companies. Whenever possible, we try to reach amicable, win-win solutions. With the monthly statistics we run on this page, we often print descriptions and samples of our file types.
Resolving an issue may require nothing more than a company voluntarily changing its name or the wording of its website content. Sometimes, companies need to be told they require a permit to practice. Other times, we merely confirm that a company or individual is not actually practicing engineering, geology or geophysics.
Many of these are innocent enough mistakes. Once the involved parties find out what the law says, they do they right thing.
What’s particularly troubling about the Calgary case and the misused stamp is that the man knowingly portrayed his work as that of a specific engineer.
But every case is important. The public is not adequately protected when non-members attempt the work of our professions. Work of this kind may not be up to our professional, technical and ethical standards. It is not backed up by a discipline process, our Continuing Professional Development Program, or any other area of self-regulation.
Even when the direct threat to public safety seems minor or non-existent, Compliance pursues a case. That’s because every contravention reflects on every professional.
By being vigilant, we validate the credentials of all our members. And we uphold your privilege to govern yourself and develop your career in a meaningful and ethical way.
Every right-to-practice and right-to-title contravention has the potential to devalue the meaning of your licence. We urge you to think about it in those terms.
When a complete stranger claims to be an APEGGA professional but isn’t one, we ask you to take it in both a personal and a professional way. Members — and the general public, for that matter — are our eyes and ears. When you find evidence of a compliance contravention, please do your part and contact us.
The Report a Violation box elsewhere on this page tells you how.
FREQUENTLY ASKED QUESTION
Q Does an individual who is a professional member or licensee of APEGGA, and who engages in the practice of engineering, geology or geophysics in his or her own name, require a permit to practice?
A If the individual practices as a sole proprietor, his or her personal registration is, in effect, his or her permit to practice. If the same individual practices through an incorporated company, however, then the company requires a permit to practice — even though the member is the only employee.