APGO'S ENFORCEMENT RESPONSIBILITY
APGO is empowered, under the Professional Geoscientists Act, 2000 (the "Act"), to regulate the entire practice of geoscience in Ontario. This responsibility includes the right to enforce the requirements of the Act to ensure compliance. The Association relies of the assistance of the membership and the general public in the undertaking of this important function. APGO members have a duty, under the Association's Code of Ethics, to help protect the safety and welfare of the Ontario public where the practice of geoscience is concerned. This obligation extends to the reporting to APGO of any known or suspected cases of non-compliance with, or contravention of, the Act. It is well known that such non-compliance/contravention has the potential of compromising the integrity of the geoscience profession. It presents a real threat to the safety and welfare of the public, and poses a risk to the natural environment.
Cases of Non-compliance or Contravention
Typical cases of non-compliance with or contravention of the Act include but are not limited to:
- The practice of geoscience in Ontario by an individual who does not have an APGO licence;
- The offering or providing of geoscientific service(s) to the public by a corporation, partnership or other entity that does not hold an APGO-issued certificate of authorization (C of A);
- An act or gesture by an individual that might imply or lead to the belief that she/he is authorized to engage in the practice of geoscience in Ontario;
- The use of the designation "Professional Geoscientist," its abbreviation, "P.Geo." or any variation thereof, by an individual who is not licensed by APGO;
- The use of any of the following titles, or any similar titles, that may suggest that the individual is licensed by APGO or that the entity is an APGO C of A holder:
- Geoscientist;
- Geologist;
- Geomorphologist;
- Geophysicist;
- Geochemist;
- Earth Scientist;
- Hydrogeologist;
- Environmental Geologist;
- Environmental Geoscientist;
- Vice President or Director or Manager of Exploration;
- Geology Consulting or Geology Consultant(s);
- Geophysics Consulting or Geophysics Consultant(s);
- Hydrogeology Consulting or Hydrogeology Consultant(s); and,
- Environmental Geology Consulting or Environmental Geology Consultant(s).
An individual or entity that is not in compliance with, or is in contravention of, the Act is guilty of an offence under the Act.
Only APGO-licensed professional geoscientists and business entities that are holders of a valid APGO-issued C of A are entitled to engage in the performance of geoscientific work in this province. The only exceptions are APGO's geoscientists-in-training and others who work under the supervision of a licensed APGO member, where the latter assumes responsibility for their work, and qualified Ontario professional engineers as provided for under the Act. All other geoscience practitioners and business entities offering or providing geoscientific service(s) in Ontario are deemed to be in unlawful practice. Practising geoscience unlawfully is a serious offence under the Act and perpetrators are, therefore, subject to enforcement action by APGO.
APGO's Executive Director/Registrar's Role in Enforcement
The APGO Executive Director/Registrar's (ED/R) Office plays an integral role in the fulfillment of APGO's enforcement objectives, consistent with the Association's enforcement and compliance policies. The ED/R and his or her staff (or designate) are charged with the responsibility of enforcing all identified cases of non-compliance with, or contravention of, the Act. Working closely with APGO's Enforcement & Compliance (E & C) Committee, the ED/R develops and implements measures to bring about compliance with and/or deter contravention of the Act. To assist the ED/R in carrying out the Association's enforcement functions, APGO encourages members to bring to his or her attention any activity they believe or suspect not to be in compliance with the Act.
APGO's Enforcement Process
APGO's enforcement process proceeds as follows:
Step1: Upon its receipt of a report of a non-compliance with, or contravention of, the Act, the ED/R's Office opens a temporary file and provides acknowledgement, in writing, to the
person(s) who submitted the report.
Step 2: The ED/R assesses the information to determine the next step. (The assessment may require the ED/R to request additional information to support the alleged non-compliance with, or contravention of, the Act. If it's the belief that there's not sufficient grounds to pursue the case, the ED/R will notify the person(s) who brought the matter to APGO's attention, accordingly, and advise of the decision to close the file as a result.) If the ED/R believes that the allegation merits investigation, she/he will proceed to investigate.
Step 3: The ED/R's Office assigns a case number to the file, and takes steps to investigate the allegation.
Step 4: Once the ED/R is satisfied that a non-compliant or contravention situation exists, she/he will advise the perpetrator(s), as deemed appropriate, of APGO's legislated mandate, respecting the regulation of geoscience practice, and/or issue cease-and-desist orders to achieve compliance with the Act. In the event the ED/R determines that prosecution under the Act is a necessary action, she/he shall bring it as recommendation to the Council to obtain its support and approval.
The ED/R represents APGO, with guidance from legal counsel, as may be necessary, in all of the Association's enforcement matters. She/he is responsible for communicating the result of each enforcement action to the person(s) who made the report and to the entire APGO membership.
The APGO Member's Role in Enforcement
As an APGO member, you have an ethical obligation in assisting the Association with its efforts to enforce the requirements of the Act. It's the right thing to do! Your assistance will help to ensure that the entire practice of geoscience in Ontario is being regulated effectively, by APGO, to protect the Ontario public and the natural environment. You must, therefore, stand up and help stamp out illegal practice and other cases of non-compliance with, or contravention of, the Act. Therefore, if you've heard, suspect or are aware of any instance(s) where practitioners or organizations may not be in compliance with the requirements of the Act, APGO urges you to report it to us in confidence. If necessary, APGO will not reveal your identity.
You may provide us with the following or other proof as evidence of an individual's or an organization's non-compliance with the Act:
- Business cards, stationery, brochures or other means being used for advertising geoscience service(s), including the yellow pages, trade publications and journals;
- Proposals and/or reports with geoscientific content;
- Newspaper articles, transcripts of interviews, etc.
To report a suspected case of non-compliance with, or contravention of, the Act, you may contact APGO via any of the following modes:
E-mail: enforcement@apgo.net
Facsimile: 416-203-6181 Telephone: 416-203-6181
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