june 2009 issue
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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 Frank Perich, P.Eng., Director, Compliance, at fperich@apega.ca. 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 role 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 unlicensed individuals and companies — those that may be, inadvertently or otherwise, holding themselves out as professional members or practicing the professions illegally.
The Activity Report provides statistics from April 1 to April 30, 2009, during which 40 files were closed. Below are explanations of the various categories with actual examples identified through the Compliance Department’s proactive efforts, as well as member, public and anonymous complaints with supporting evidence.
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Ceased using restricted title/holding out. Four companies and one individual were found to be using a restricted title or holding out in some other manner as entitled to practice, even though they were not licensed.
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Certificate of Dissolution from Corporate Registries received for a company including engineering in its name without a permit to practice — company was no longer active.
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Newly incorporated company whose title violated the EGGP Act was required to change its name to remove reference to engineering.
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An individual changed a job title to comply with the act after the Compliance Department responded to a member complaint and made contact.
Verified not practicing. Nine companies and two individuals were contacted because their activities implied the practice of engineering, geology or geophysics. Websites and all other information must be modified to remove all implications of practice. Should their activities change in the future to include the practice, these companies will require permits to practice. They’re advised of this in disclaimer letters from Compliance.
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An investigation based on a public complaint determined that a company’s activities do not constitute the practice of engineering. It removed engineering from its company name.
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A company contacted because it cancelled its permit to practice confirmed that it no longer provides any engineering services.
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An investigation of a company listed on the APEGGA database and employing professional members confirmed that the company does not engage in 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. Twelve companies were contacted and have obtained their permits to practice.
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Permit application received from company investigated due to an APEGGA member complaint.
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Company in a business relationship with a company under review by the Compliance Department was contacted and subsequently registered for a permit.
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Company with engineering in its name applied for permit after being contacted as a result of being listed in the Alberta Gazette as newly incorporated.
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Permit issued to a company following a review of the APEGGA database found it employed several professional members.
Other applies to the nine files resolved for other reasons, including
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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).
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