THE DISCIPLINE FILE
Case No. 18-006-RDO continued
to which his or her stamp has been applied." Additionally, as per the Guideline, "Professionals shall only stamp and sign reports, plans or documents that they have prepared or that have been prepared under their direct supervision and control. In the case of work prepared by others, they shall only stamp and sign after having thoroughly reviewed the work and accepted responsibility for it." (ii) Allegation #2: Whether the Member failed to maintain control of his stamp. 7. There were limited controls in place at TWS between 2006 and February 2017 to prevent the misuse of the Member's electronic stamp and signature. Upon review, the Member understands that greater control of both digital and wet-stamps is required by the Member. 8. The Member incorrectly interpreted the General Regulation , the Practice Standard and the Guideline: a. As per Section 54(1) of the General Regulation , "A stamp or seal issued to a professional member or licensee must at all times remain under that person's direct control and must be applied by the professional member or licensee, or by a person acting under the professional member's or licensee's immediate and direct control, to all final plans, specifications, reports or documents of a professional nature (a) that were prepared by the professional member or licensee or under the professional member's or licensee's supervision and control, or (b) that were prepared by another person in circumstances where the professional member or licensee has thoroughly reviewed them and accepted professional responsibility for them." b. As per Section 54(2) of the General Regulation , "No person shall permit a stamp or seal to be physically located in a manner that would allow its use by a person other than the professional member or licensee to whom it was issued." c. As per the Practice Standard, "A professional member is responsible for maintaining custody and control of his or her stamp at all times." d. As per Section 4.2.4 of the Guideline, "As a matter of practice, professionals shall keep their stamps and seals under control."
(i) Allegation #1: Whether the Member improperly allowed his employees to apply his electronic stamp and signature. 5. The Member granted employees access to his electronic stamp and signature. These employees consisted of professional members, E.I.T.s, C.E.T.s, technicians, technologists, and administrators. 6. The Member incorrectly interpreted the Engineering and Geoscience Professions Act (the Act) the Practice Standard, the General Regulation , and the APEGA Guideline for Ethical Practice (the Guideline). The Member wrongly understood that the parties making use of the stamp were under his "direct supervision and control." a. As per Section 78(1) of the Act, "A professional member, licensee or restricted practitioner shall, in accordance with the regulations, (a) sign documents or records, and (b) stamp or seal documents or records." b. As per Section 54(3) of the General Regulation , "When a stamp or seal is applied, the professional member or licensee to whom it was issued shall ensure that the stamp or seal is accompanied with that person's signature and the date on which the stamp or seal is applied." As per the Practice Standard, "A professional member shall personally sign the documents to "Professionals shall only stamp and sign reports, plans or documents that they have prepared or that have been prepared under their direct supervision and control. In the case of work prepared by others, they shall only stamp and sign after having thoroughly reviewed the work and accepted responsibility for it." Additionally, Section 4.2.4 of the Guideline states, "If other members of the engineering or geoscience team prepared the documents, the responsible professional shall have exercised sufficient supervision and control, or have thoroughly reviewed the document, so that he or she can sign based on personal knowledge." d. As per the Practice Standard, "A professional member shall personally sign the documents which his or her stamp has been applied." c. As per Section 4.2.4 of the Guideline,
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