THE DISCIPLINE FILE
Case No. 18-006-RDO continued
E. RECOMMENDED ORDERS 17. On the recommendation of the Investigative Committee, and by agreement of the Member with that recommendation, following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: a. The Member will receive a letter of reprimand to be maintained permanently on the Member’s APEGA file. b. The Member will pay a fine of $7,000 within 60 days from the date this Order is approved by the Discipline Committee Case Manager. If the fine is not paid within 60 days from the date this Order is approved, the Member shall be suspended from the practice of engineering until the fine is paid. c. The Member shall successfully complete the National Professional Practice Examination within one year from the date that this Order is approved by the Discipline Committee Case Manager. If there are extenuating circumstances, the Member may apply to the Director of Enforcement for an extension prior to the deadline. Any extension will be granted within the sole discretion of the Director of Enforcement. If the examination is not successfully completed by the above-noted date, the Member shall be suspended from the practice of engineering until the successful examination is complete. d. This matter and its outcome will be published by APEGA as deemed appropriate and such publication will name the Member.
(iii) Allegation #3: Whether the Member improperly allowed his staff to apply his initials onto Alberta Building Code (ABC) schedules. 9. The Member stated that certain TWS employees were expected to strike out irrelevant portions of ABC schedules and to handwrite the Member's initials in those areas. This is a form of applying the Member’s signature, and the Member is not permitted to allow others to apply his signature to professional documents. 10. There is no evidence that the actions of the Member resulted in the approval of professional documents that impacted public safety. 11. The Member attended the APEGA Permit to Practice Seminar in June 2017 in order to remain current on legal responsibilities and expectations as the Responsible Member for TWS. D. CONDUCT 12. The Member freely and voluntarily admits that he breached the Act, the Practice Standard, the General Regulation , and the Guideline by improperly allowing employees to apply his electronic stamp and signature to professional documents on his behalf. 13. The Member acknowledges that he breached the General Regulation , the Practice Standard, and the Guideline by failing to maintain control of his stamp. 14. The Member acknowledges that he breached the General Regulation , the Practice Standard, and the Guideline by improperly allowing his employees to handwrite his initials onto ABC schedules. 15. The Member also acknowledges that the conduct described above constitutes unskilled practice and unprofessional conduct as defined in Section 44(1) of the Act. 16. The Member further acknowledges that the conduct described above breaches Rule of Conduct #4 of the Code of Ethics : “ 4. Professional engineers and geoscientists shall comply with applicable statutes, regulations and bylaws in their professional practices.”
Signed, TERRANCE WALKER SMITH, P.ENG. JOHN DIIWU, P.ENG. APEGA Investigative Committee KEN LIU, P.ENG. Case Manager, APEGA Discipline Committee
Date: September 24, 2018
74 | PEG SPRING 2019
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