April 2007 ISSUE

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COMPLIANCE

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

The statistics in the Activity Report track the activity from Feb. 1 to 28. During this period, 24 practice and title violations were resolved. Seven of these involved individuals and 17 involved companies. Below are explanations of the various categories with examples. At right a table with the activity divided according to category.

Violations are primarily 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 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.

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

• Sales Engineer title replaced with a new job title not in violation of the EGGP Act.

• Company website implying the practice of engineering modified to remove all implications, with assurance that a permit would be obtained if the company expands into engineering activities.

• Trucking company using “engineering” in name. Owner is deceased and company has been renamed appropriately.

• Company website referencing employee as an engineer; activities not engineering.
  Personal registration applies to qualified but non licensed individuals contacted regarding a practice or title violation, or qualified people who have relocated from another province. As a result, the individuals have applied for personal registration with APEGGA.

• Former member listed as a consulting mining engineer on company website reinstated his professional licence.

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 submitted an application.

• Three junior exploration companies employing members

• Manufacturing company employing members

• Electronics and software company employing members

• Company of former member, personal reinstatement obtained first

• Two individual member companies practicing independently.

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 to include the practice, a permit will be required.

• Local company with “engineering” in its name changed to a numbered company.

• Professional member incorporated company for personal use. Written assurance received that future practice through the company will not be conducted without a permit.

• Mining company website implied practice.

• Company of member verified to be dormant. Assurance received that no practice will be conducted without permit.

• Company of member confirmed to be operating as an investment-holding company. Confirmed member is working as full-time employee of permit holder.

Other applies to files resolved for other reasons, such as

• confirmation that an individual or company is already registered with APEGGA

• clarification that a company is actually a trade name or a member operating as a sole proprietor

• lack of sufficient evidence or other information available to further pursue the violation at this time

• 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: I work for an oil and gas exploration company, not a consulting firm. I consider my activities to be the practice according to the EGGP Act, and I report myself practicing for the purpose of APEGGA Continuing Professional Development. I do not stamp any of my work as all my activities are for the benefit of the operrations of the company. Does the company require a Permit ot Practice?

A: Yes. The EGGP Act does not differentiate between practice for internal consumption by a company and practice prrovided as a service, such as that of a traditional consulting company.