COMPLIANCE

Activity Report

Editor’s Note: The following statistics track this year’s APEGGA Compliance Department activity from Jan. 1 to March 31. 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 aren’t members – those that may be, inadvertently or otherwise, holding themselves out as members or practicing the professions illegally.

*Note: Compliance files not mentioned above were resolved for various other reasons such as confirmation that an individual or company is already registered with APEGGA, verification that an individual contacted is not living or working in Alberta, clarification that a company is actually a trade name of a member etc.

Examples

The following is a sampling of recent compliance and enforcement activities:

• A career advertisement for a “Quality Assurance Engineer” was placed in the Calgary Herald by a company that was not a permit holder. In reviewing the responsibilities for the position, APEGGA staff questioned whether or not it would be considered practice of engineering as defined in the EGGP Act. A member of APEGGA’s Enforcement Review Committee was asked to review the advertisement and the company’s website. It was concluded that the activities do not constitute the practice of engineering. There still remained the title issue, however, and this was resolved with the co-operation of the company in changing the name of the position to “Quality Assurance Analyst.”
  
• An energy company was noted on APEGGA’s database as employing members. The company claimed to be strictly operating overseas, but maintained a Calgary head office. During conversations with company management, it was explained that APEGGA is responsible for regulating the activities of engineering, geology and geophysics in Alberta. It was agreed that much of these activities are carried out in Calgary and the company obtained a permit to practice.
  
• As the result of a member complaint, APEGGA’s Compliance Department carried out a routine contact with a company regarding a permit to practice. During the process, the investigated company was purchased by and amalgamated with another non-permit-holding company. After considerable communication, the purchaser obtained a permit.
  
• Compliance contacted a survey company employing several APEGGA members and not holding a permit to practice. A website review was inconclusive as to whether the company’s activities stretched into Alberta. Compliance verified with the company that it is exclusively operating within the boundaries of B.C. Management has also confirmed that if activities do expand into Alberta, the company will obtain a permit.
  
• An APEGGA member reported a company whose website indicated that engineering services were being marketed. The website did not specifically use the word “engineering,” however the offering of design services alluded to the provision of engineering services. Compliance contacted the company, and its management believed that because it doesn’t sell engineering services, it did not require a permit. In its particular situation, however, engineering design is applied to produce an end product and a permit is still required. Upon realizing this, management co-operated and obtained a permit.
  
• A listing of a non-permit-holding company with “engineering” in its name was noticed in one of Alberta’s telephone directories under the “Engineers – Electrical” heading. The issue was discussed with company management. It was determined that as well as using the word “engineering” in its name, the company was also practicing engineering. It took considerable persuasion, but a permit to practice was obtained.
  
• A listing of a company with “engineering” in its name appeared in the Alberta Gazette. Upon checking APEGGA’s membership database, Compliance noted that the company employed APEGGA members but did not hold a permit to practice. APEGGA contacted management, and after the permit to practice requirement was explained, an application was submitted and approved.

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 own name, require a permit to practice?

A. An individual can practice as a sole proprietor. Their personal registration is, in effect, their permit to practice. If this same individual practices through a company, however, then the company requires a permit to practice – even though the member is the only employee.