June 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 March 1 to April 30. During this period, 59 practice and title violations were resolved. Twelve of these involved individuals and 47 involved companies. Below are explanations of the various categories with examples. At right is 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.

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.

• Wellsite geology company confirmed to be no longer operating.

• Two individual wellsite geologists verified to have moved outside of Alberta.

• Individual using title of integration engineer changed to integration designer.

• Post-secondary instructor using geophysicist title while not registered.

Personal registration applies to qualified but non- licensed individuals contacted regarding a practice or title violation or who have relocated from another province. As a result, the individuals have applied for personal registration with APEGGA.

• Two individuals using engineer titles on business cards stopped using violating titles until professional status obtained.

• Former withdrawn applicant stating “eligible for registration with APEGGA” on resumé when applying for job.

• Lead engineer for large chemical and petroleum company licensed after contact by Compliance.

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.

• 15 companies involved in oil and gas, energy and/or exploration active in Alberta.

• Four smaller companies, including one personal numbered company involving members.

• Three companies involved in seismic or geological work.

• Two manufacturing and process companies.

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 in the future to include the practice, a permit will be required.

• Website indicated corporate practice of engineering. Site modified and verification obtained that company is outsourcing engineering to permitted company;

• Manufacturing company verified it only manufactures to client specifications but that if any engineering is required, it is outsourced to permitted company.

• Company verified to be a supplier of pre-engineered panels and that any engineering is done in B.C., where company is located.

• Alberta-incorporated company employing APEGGA member who lives in B.C. and works offshore.

• Construction management company employing member verified to be involved in project management and not engaged in engineering.

• Company on APEGGA database involving one member verified to be dormant and not engaging in any professional practice at this time.

• Technical services company verified to be providing technical writing services only to clients, on a part-time basis, and not performing any professional services as defined in the EGGP Act.

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/information available to further pursue the violation at this time; determination that one of the exemptions under the EGGP Act, sections 2(1)(4), 5(1)(4) or 7(1)(4) is applicable.

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. Personal registration is, in effect, the individual’s permit to practice. However, if the same person practices through a company, then the company requires a permit to practice — even though the member is the only employee.