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
|Active files as of January 1, 2004
|Files opened during period
|Files Resolved for Individuals
| Ceased using restricted title
| Personal registration
| Verified not practicing
| Files Resolved for Companies
| Permits issued or reinstated
| Ceased using restricted title/violating
| Verified not practicing
|Active Files at March 31, 2004
*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.
The following is a sampling of recent compliance and enforcement
- 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
- An energy company was noted on APEGGA’s
database as employing members. The company claimed to be
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 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
- 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
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.