JUNE 2005 ISSUE

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COMPLIANCE

workload samples

The following is a random sampling of recent compliance and enforcement activities.

• While examining an energy company’s need for a permit to practice, we observed on its website that an employee was described as a “professional geologist” and was using the “P.Geol.” designation.

Compliance requested the individual cease and desist until registered. Once the issue was addressed and discussed, the matter was resolved when we confirmed removal of the title violation and the individual registered as a professional geologist with APEGGA.

• A member of APEGGA brought a company to the attention of Compliance after it was noted that professional engineers were being employed. After a lengthy discussion regarding a permit to practice, it was confirmed that the company was an electrical contractor and its activities fell under exemption clause 2(4)(a) of the EGGP Act. The company’s activities could not be considered engineering and a permit was not pursued further at this time.

• Compliance contacted a company that had voluntarily cancelled its permit on the basis that it is an environmental company that subcontracts all engineering work. APEGGA’s database indicated the company still employed several professional members and its website implied that the company was still engaging in the practices of engineering and geology. The company eventually agreed to reinstate the permit.

• A company was contacted for a permit to practice after a career advertisement for an “Engineering Manager” was discovered in the Calgary Herald. The company applied for a permit promptly after being contacted by the Compliance Department.

• An oil and gas exploration company’s website was discovered while we were researching a different company. It was determined from the APEGGA database that the company employed several professional members and did not hold a permit to practice. In addition, it was noted that one of the professional members on staff was using the title of “geophysicist” in combination with his professional geologist title. The company was contacted regarding a permit to practice and subsequently applied for one. The individual was contacted and the company’s webmaster was instructed to remove all references to geophysics from his profile.

• An unregistered individual was contacted by Compliance regarding the improper use of the P.Eng. designation on a business card. Following several months without resolution, the case was brought in front of the Enforcement Review Committee. The ERC directed that a letter be sent to the individual from legal counsel. Shortly afterwards, Compliance received confirmation that the person’s new card does not include the P.Eng. designation.

FREQUENTLY ASKED QUESTION

Q: Many other non-registered individuals and companies practice or hold themselves out to practice engineering, geology and geophysics in Alberta . Why am I or my company being contacted by APEGGA while others are not?

A: The Compliance Department is a department made up of four employees who are responsible for locating non-registered individuals and companies that are practicing or holding out to be practicing engineering, geology or geophysics in Alberta. We contact companies and individuals as we become aware of them through our work reviewing yellow page listings, newspaper advertisements, incorporations listed in the Alberta Gazette, the APEGGA database and other sources.

We do what we are able to, but we also rely on our members and on members of the public to bring violations to out attention.

If a complaint is sent to APEGGA’s Compliance Department regarding an individual or company using a restricted title and/or practicing engineering, geology and/or geophysics in Alberta , the complainant is not revealed unless on the very rare occasion the case should involve legal action and the complainant is called as a witness.

If you are aware of any practice or title violations and you are able to supply evidence (a business card, website, etc.) we encourage you to contact Allison Cammaert at acammaert@apegga.org.

ACTIVITY REPORT

Editor’s Note: The following statistics track this year’s 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 are not members — those which may be, inadvertently or otherwise, holding themselves out as members or practicing the professions illegally.

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