march 2009 issue
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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.
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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 unlicensed individuals and companies — those that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.
The Activity Report provides statistics from Jan. 1 to Jan. 31, 2009, during which 29 corporate files and five individual files were opened. Below are explanations of the various categories with actual examples identified as a result of the Compliance Department’s proactive efforts and member, public or anonymous complaints with supporting evidence.
Ceased using restricted title/holding out. Three companies were found to be using a restricted title or holding out in some other manner as entitled to practice while not licensed.
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Forced name change completed by Corporate Registries for company including engineering in the name without a permit to practice.
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Newly incorporated company whose title violated the EGGP Act was required to change name to remove reference to engineering.
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Company required to modify its online profile, clarifying that engineering is carried out through an external permit holder.
Verified not practicing. Five companies were contacted because their activities implied the practice of engineering, geology or geophysics. Websites and all other information are required to be modified to remove all implications of practice. Disclaimer letters are sent advising that if activities should change in the future to include the practice, a permit to practice will be required.
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An investigation of a company based on a public complaint determined that its activities do not constitute the practice of engineering.
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Company contacted due to cancelled permit to practice confirmed that it no longer provides any engineering services.
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Investigation of a company listed on the APEGGA database employing several professional members confirmed that the company does not engage in the practice of engineering.
Permits issued/reinstated. This 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. Seven companies were contacted and have obtained a permit to practice.
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Permit application received from company investigated due to an APEGGA member complaint.
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Company implying on its website that it practices engineering was contacted and consequently registered for a permit.
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Company applied for permit after being contacted as a result of being a newly incorporated company with engineering in its name and being listed in the Alberta Gazette.
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Permit issued to a company after contact by the Compliance Department following a public complaint.
Other. This applies to the four company files resolved for other reasons, including
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confirmation that an individual or company is already registered with APEGGA
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clarification that a company is actually a trade name or a member operating as a sole proprietor
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lack of sufficient evidence or other information available to further pursue the violation at this time
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determination that one of the exemptions applies under the EGGP Act, Sections 2(1)(4), 5(1)(4) or 7(1)(4).
FREQUENTLY
ASKED QUESTION
Q If I am a member in good standing in another Canadian association, am I required to write the Professional Practice Examination to become registered with APEGGA?
A Most Canadian associations have had a Professional Practice Examination in place for a number of years. Accordingly, transferees have either written an examination for another association that is deemed equivalent to the one written by APEGGA applicants, or are exempt because membership requirements in their home association had no such requirement at the time of their initial registration.
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