Winter 2017 PEG

THE DISCIPLINE FILE

Case No. 16-014-RDO continued

acknowledge that APEGA’s usual policy is to publish Recommended Discipline Orders in a manner that identifies the Member by name, the parties understand that the decision to publish with or without name is discretionary. The parties submit that publication without name is appropriate, given the specific facts in this case, including the following: a. [Professional Member A] has been a Member of APEGA since August 20, 1993, and has had no prior findings of unprofessional conduct or unskilled practice since he has been a Member; b. [Professional Member A] intended to practise engineering as a sole proprietor and he was unaware that his failure to apply for a practice permit on behalf of [Company E] could be regarded as a contravention of s. 2(1) of the Act. Any breach of s. 2(1) was both unintentional and inadvertent. c. The Court of Queen’s Bench determined that the work performed by the Contractor was satisfactory. Therefore, the unprofessional conduct arising from the letters prepared by [Professional Member A], dated April 12, 2013, and September 24, 2013, relates solely to the manner in which the letters were drafted. d. [Professional Member A]'s conduct was not disgraceful or dishonourable.

e. The Member also 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 practice. D. RECOMMENDED ORDERS 35. On the recommendation of the Investigative Committee, and by agreement of [Professional Member A], P.Eng., with that recommendation, following a discussion and review with the Discipline Committee’s Case manager, the Discipline Committee hereby orders that: 1. [Professional Member A] shall receive a letter of reprimand; 2. [Professional Member A] shall pay a fine in the amount of $1,500 within 30 days of being informed that the Recommended Discipline Order has been approved; 3. As of the date that [Professional Member A] executes this Recommended Discipline Order, he will not cause or permit [Company E] or [Company D] to engage in the practice of engineering prior to submitting a permit to practice application to APEGA on behalf of [Company E] and being notified that a practice permit has been granted to [Company E]; and 4. The details of this matter will be published on APEGA’s website and/or in The PEG magazine

Signed, [PROFESSIONAL MEMBER A], P.ENG . REX PERCHARD, P.ENG. Panel Chair, APEGA Investigative Committee GRANT HALLAM, P.ENG . Case Manager, APEGA Discipline Committee Date: September 18, 2017

without names or any other information that would identify [Professional Member A], the Complainant, or the Contractor.

36. Although the Investigative Committee and [Professional Member A] understand and

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