March 2006 ISSUE

COMPLIANCE

An Examination of Cases Resolved

Compliance statistics show that during the month of January, 39 practice and title violations were resolved, 20 involving individuals and 19 involving companies. Examples of the cases resolved are as follows.

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. Violations included

• Use of P.Eng. on company website by a struck APEGGA member.

• Career advertisement for a “Field Service Engineer” which implied the company was engaging in the practice of engineering.

• Anonymous complaint regarding use of the title “Senior Engineer” on a business card by an examinee.

• Recently incorporated company using the word “engineering” in company name while not holding a permit to practice. Engineer is now working as a sole proprietor.

• Business card on which individual was using the title of “Field Engineer” while not licensed.

• Company’s website implying the practice of engineering while not licensed.

Personal registration refers to individuals who apply for professional membership after being contacted regarding a practice or title violation, or have relocated from another province. Among violations were

• Individuals registered in Saskatchewan, Manitoba and Ontario noted to be practicing engineering within the province of Alberta while not registered.

• Use of the designation E.I.T. on a business card while not registered.

Permits issued/reinstated relates to companies deemed to be practicing engineering, geology or geophysics within Alberta while not holding a permit to practice. It also refers to permits that have lapsed or been cancelled for no valid reason. Case examples include

• Company involved in the oil and gas industry contacted for the implication of the practice of engineering based on website information. Initial investigation and discussion concluded that all engineering services were outsourced. Subsequent information implied that some engineering is done internally and a permit to practice has now been obtained.

• Oil and gas exploration companies employing APEGGA members and implying the practice of engineering, geology and/or geophysics on the companies’ websites.

• Complaint regarding an oilfield technology company practicing engineering while not licensed. Website information implied the practice of engineering and a permit application was submitted.

• Recently incorporated company using the word “engineering” in its name was contacted regarding the title and it was determined the company was practicing engineering.

• A routine APEGGA database review revealed a company with one P.Geol. listed as an employee. The company’s website implied the practice of geology.

Verified not practicing involves the investigation of practice violations by individuals and corporations. The investigation determines that activities are not the practice of engineering, geology and/or geophysics. January cases included

• Notification received regarding an individual registered in another province who may be living and practicing engineering in Alberta. Investigation confirmed that the individual no longer lives in Alberta.

• Information received that individual in another province was practicing engineering in Alberta. Confirmed that individual does not practice in Alberta.

• Career advertisement for “Contract Engineers” found in the Calgary Herald. Company was contacted for a permit to practice engineering; however, it was determined that the company was an employment agency.

• Company’s website implied the practice of engineering. A site visit to the company’s facility confirmed the activities to be the fabrication of oilfield production equipment to the specification of professional engineers. Website modified to reflect.

• Permit holder cancelled its permit without a valid reason. The company was using the word “engineering” in its name. Investigation into the company confirmed that it was not practicing engineering and the company voluntarily removed “engineering” from its name.

• Notification received of a recently incorporated company using the word “geological” in its name. Company confirmed that it was not practicing geology and removed the word.

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: Is a Registered Professional Technologist (Engineering), Registered Professional Technologist (Geological) or Registered Professional Technologist (Geophysical) in good standing authorized to use the word engineer, geologist, or geophysicist in a job title?

A: No. the Engineering, Geological and Geophysical Professions Act, sections 3(1), 6(1) and 8(1), provides the exclusive use of these words as well as the P.Eng., P.Geol. and P.Geoph. designations to professional engineers, geologists and geophysicists.

The EGGP Act Section 85(1) and Regulations (Appendix) provides for the exclusive use of the Registered Professional Technologist (Engineering/Geological/Geophysical) title and the R.P.T.(Eng./Geol./Geoph.) designation.