November 2006 ISSUE

COMPLIANCE

Case Details

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 (at right) track the activity from Sept. 1 to Sept. 30. During this period, a total of 19 practice and title violations were resolved, four of them involving individuals and 15 involving companies. Below are explanations of the various categories and details of cases resolved.

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.

• Individual using the word   engineer in job title on business card.

• Job advertisement implying the practice of engineering found in the Edmonton Journal. Contact with the company confirmed that its employees are not engaging in the practice of engineering. The company’s website was also revised to remove any implication that some of the company’s activities constitute the practice of engineering.

• A complaint was received regarding an environmental company engaged in the practice of geology. Follow-up investigation revealed that the company closed down.

Personal registration applies to non-licensed individuals contacted regarding a practice or title violation or who have relocated from another province.

• An anonymous complaint was received regarding an individual practicing engineering for a company.

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.

• Two companies listed in APEGGA’s database, each employing one professional engineer.

• Oilfield technology company website implying that the company’s activities constitute the practice of engineering.

• Oil and gas company listed on APEGGA’s database with one professional engineer on staff.

• Company advertisement for an engineer position found in the Calgary Herald.

• A company the Compliance Department was pursuing for a permit to practice engineering was acquired by another company. The Compliance Department contacted the acquiring company, which obtained a permit.

• Complaint from professional member regarding a company’s activities constituting the practice of engineering.

Verified not practicing applies to individuals or companies contacted and after an investigation it is concluded that their activities do not constitute the practice of engineering, geology or geophysics in accordance with the legal definition in the EGGP Act. In all situations where activities are deemed not to be the practice of engineering, geology or geophysics, notice is given to revise websites and all other information, to remove any implications of practice.

• Member complaint received regarding an environmental company using the word “engineered” in its company slogan.

• Company listed in APEGGA’s database as employing one professional engineer.

Other applies to files resolved for various 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; no evidence or other information available to further pursue the violation, etc.

• Company listed in APEGGA’s database reviewed. Alberta Corporate Registry lists the company as struck.

• A company which supposedly employs one professional engineer found in APEGGA’s database. An Alberta Corporate Registry search revealed that no such entity is registered in Alberta.

• Member complaint received regarding individual possibly practicing engineering while under a court order not to engage in the practice. Investigation revealed that the individual changed employers and the Compliance Department has no further evidence to pursue the individual at this time.

• Company found in APEGGA’s database using the word engineering in its name. An Alberta Corporate Registry search revealed that there is no such entity registered in Alberta.

• A complaint was received from a member of the public regarding a company engaging in the practice of geophysics without a permit to practice. Investigation confirmed the company’s activities fall under agrology, not geophysics. 

FREQUENTLY ASKED QUESTION

Q: If I am a member-in-training, may I set up a corporation in Alberta with the word engineering, geology, or geophysics in the company title and do I require a permit to practice?

A:  No. All companies engaging in the practices of engineering, geology or geophysics within the Province of Alberta require a permit to practice. The Compliance Department encounters many companies within Alberta that do not employ professional members, but are engaging the practice of one or more of practice of our professions, as defined in the EGGP Act. These companies still require a permit to practice. They must hire on or make arrangements with a professional member who can supervise and control the company’s professional practice.