PEG Magazine - Winter 2015

REGULATORY

• When you hire contractors or subcontractors to practise engineering or geoscience, do the companies have Permits to Practice and are the individuals Professional Members? Find out by checking our Member Directory and our Permit Directory, before selecting a contractor

THE COMPLAINT PROCESS

Of those, 129 resulted from tips from Members not employed by the Association and the public. The others came from searches of directories, websites, and other records by APEGA staff or tips from staff. Nearly half of all cases were related to the misuse of a reserved title or designation. After working with individuals and companies, we’ve been able to close 263 cases. Most of the time, the individual or company complied voluntarily. In some cases, however, we’ve had to take legal action. This involves seeking a Court Order through injunction from Alberta’s Court of Queen’s Bench to compel an individual or company to comply. Connecting with Permit Holders is just one part of APEGA’s ongoing efforts to create awareness about the appropriate use of reserved titles. • When APEGA’s Compliance Department becomes aware of a potential infraction, it opens a case and the individual or company is contacted. • The individual or company is informed of the infraction, told how to become compliant, and given time to comply. These duties are performed by APEGA staff and APEGA legal counsel. • If an infraction persists, the case may go before the Enforcement Review Committee, which consists of APEGA volunteers with experience in various industries and disciplines. This committee of Members gives staff consent to apply for an injunction in the Court of the Queen’s Bench.

TITLING TIPS

Companies should also keep the following in mind, when it comes to the use of reserved titles: • Members-in-Training can use reserved titles like engineer or geoscientist, but they have to clarify with the use of the words in training or an in-training designation. For example, Maria Garcia, Civil Engineer-in-Training, or Maria Garcia, E.I.T., can both be used in conjunction with a job title that uses the word engineer • Some APEGA Member categories do not have the right to use an APEGA title, such as Applicants, Students, ASAP student members, and exam candidates. These individuals are not fully licensed by APEGA and should use alternative words to engineer and geoscience in their titles, like technician, manager, or data reporter • APEGA looks at the use of reserved titles in context to decide whether licensure to practise is implied. If you are uncertain of a title or an alternative, contact compliance@apega.ca for clarification

STATISTICALLY SPEAKING

Collectively, cases involving reserved right to title and practising without a licence are known as compliance cases. As of early No- vember this year, APEGA’s Compliance Department had opened 284 right-to-title cases in 2015.

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