MAY 2008 Issue
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 Allison Cammaert at acammaert@apegga.org.
Because the Compliance Department deals with non-members, we do not reveal the source of complaints when you make contact.
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 that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.
The Activity Report provides statistics for the first quarter of 2008. During this period, 317 practice and title violations were resolved. Of these, 151 involved individuals and 166 involved companies. Below, under the various categories, are actual examples identified as a result of the Compliance Department’s proactive efforts and member, public or anonymous complaints with supporting evidence.
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Ceased using restricted title/holding out. Seventeen individuals and 21 companies were found to be in violation of the EGGP Act by using a restricted title or holding out in some other manner as entitled to practice while not licensed. Investigation by the Compliance Department confirmed that the activities were either not the practice of engineering, geology or geophysics, or the individuals were practicing under the supervision and control of a professional member.
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Individual listed in previous Oil & Gas Index as Senior Geologist has removed listing in current publication.
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Individual no longer using Operations Geologist in job title on website or publicity materials.
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Individual’s listing on a company’s website as performing geological wellsite supervision has been removed.
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Two companies listed in the Alberta Gazette with the word engineering in their names have applied to Corporate Registries to have it removed.
Personal registration. Thirty-three qualified but non-licensed individuals were contacted regarding a practice or title violation. As a result, the individuals have applied for personal registration with APEGGA.
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Former member whose licence was struck as result of non-compliance with the Continuing Professional Development Program had membership reinstated.
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Individual registered as a result of a member complaint that a business card used a restricted title.
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Twenty-three of the individuals had recently relocated to Alberta, primarily from British Columbia and Saskatchewan, and were contacted through the Compliance Department’s Out of Province Campaign.
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The Compliance Department was successful in having an individual apply for APEGGA membership, in the course of investigating a company requiring a permit to practice to fulfill the Responsible Member requirement.
Verified not practicing. Fifteen individuals and 30 companies were contacted because of suspicion that they may be engaged in 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 will be required.
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A company investigated because of a listing in the Alberta Gazette including the word engineering in its name was determined to be a holding company, and not engaged in the practice of engineering at this time.
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Investigation of an oilfield company determined that the activities do not constitute the practice of engineering.
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. Seventy-two companies were contacted and have either obtained a permit to practice or submitted an application.
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Company submitted a permit application after being contacted by the Compliance Department following an investigation based on Alberta Land Sales results.
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Public complaint resulted in a company that implies the practice of engineering on its website and promotional materials to take out a permit to practice.
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Two engineering companies listed in the Alberta Gazette with engineering in their names were contacted and consequently applied for a permit.
Other applies to the 129 files resolved for other reasons, such as
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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 Is it important to anyone other than APEGGA and its members that only registered APEGGA members and permit holders use the reserved titles or practice these reserved professions?
A: The answer is a very positive yes.
APEGGA believes that one of the major justifications for the permit concept is to prevent corporations and other such entities from practicing engineering, geology or geophysics when the corporation does not employ an APEGGA member entitled to take professional responsibility for the work.
It is important to every member of the public. The impact of the services provided by practitioners of these professions on the lives and fortunes of society is too great, particularly the impact of errors, to allow anyone and everyone to provide these services. Therefore, a quality control system is required. The quality control system chosen and established by the EGGP Act is the professional association system.
APEGGA clearly recognizes that employers of engineers, geologists and geophysicists are also part of the quality control systems established by society to protect the public from unsafe products and unethical practices. They have a role to play in this regard.
APEGGA hopes that through a cooperative effort the objectives of the employers can be achieved and the duties of APEGGA can be discharged.