THE DISCIPLINE FILE
Case No. 18-002 RDO continued
7. The Member attempted to mitigate the risk of improper authentication by installing the digital signature software approved by APEGA, Notarius, onto the Complainant’s and the Other Professional Engineer’s computer. The Complainant refused to use Notarius and the Other Professional Engineer refused to mandate that the Complainant use Notarius. 8. The Member believed there was nothing more he could do to correct the situation between the Complainant and the Other Professional Engineer and did not consider reporting the conduct to APEGA. D. CONDUCT 9. The Member freely and voluntarily admits that he breached the Guideline for Ethical Practice by not reporting the Other Professional Member’s con- duct to APEGA. 10. The Member acknowledges that the conduct de- scribed above constitutes unprofessional conduct as defined in Section 44(1) of the Engineering and Geoscience Professions Act. 11. The Member also acknowledges that the conduct described above contravenes Rule of Conduct #1, #3 and #5 of the Code of Ethics: 1. Professional engineers and geoscientists shall, in their areas of practice, hold paramount the health, safety and welfare of the public and have regard for the environment. 3. Professional engineers and geoscientists shall conduct themselves with integrity, honesty, fairness and objectivity in their professional activities. 5. Professional engineers and geoscientists shall uphold and enhance the honour, dignity and reputation of their professions and thus the ability of the professions to serve the public interest.
12.The Member further acknowledges that he breached the Guideline, which states:
“If a member determines, or has reasonable and probable grounds to believe that the professional conduct or the technical competence of another professional member is in serious question, he or she has a clear and definite duty to inform APEGA accordingly.”
E. RECOMMENDED ORDERS 13. On the recommendation of the Investigative
Committee, and by agreement of the Member with that recommendation, and following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: 1. The Member will receive a letter of reprimand to be maintained permanently on the Member’s APEGA file. 2. The Member will pay a fine of $1,000 within 90 days from the date this order is approved by the Discipline Committee Case Manager. If the fine is not paid within 90 days from the date this order is approved, the Member shall be suspended from the practice of engineering. 3. This matter and its outcome will be published by APEGA as deemed appropriate and such publication will not name the Member or the Company.
Signed, [PROFESSIONAL MEMBER A] , P.ENG. ALLAN YUCOCO, P.L. (ENG.) Panel Chair, APEGA Investigative Committee TOM GREENWOOD-MADSEN, P.ENG. Case Manager, APEGA Discipline Committee
Date: August 30, 2018
WINTER 2018 PEG | 49
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