THE DISCIPLINE FILE
Case No. 16-006-FH continued
registration shall be suspended until he pays the fine. 3. The Permit Holder will pay a fine in the amount of $500 within 1 month of the Discipline Committee’s written decision, failing which its Permit to Practice shall be suspended until it pays the fine. 4. The Permit Holder shall pay costs of the hearing in the amount of $1,000 within 1 month of the Discipline Committee’s written Decision, failing which its Permit to Practice shall be suspended until it pays the costs. 5. Details of this matter will be published in The PEG magazine and on the APEGA website without identifying the Professional Member, P.Eng., or Permit Holder by name. The Hearing Panel agreed that publication on a named basis would meet no goal of discipline that would be proportionate to the damage that named publication would cause. It was the view of the Hearing Panel that these or- ders would protect the public, educate the membership, and uphold the standing of the profession generally. The nature of the conduct that led to findings of un- professional conduct was relatively minor in the range
of discipline findings. There was no actual damage resulting from the conduct. Of note, the Professional Member, P.Eng., cooperated throughout the investiga- tion and hearing process. The Professional Member, P.Eng., was also prepared to adopt a practice to ensure the proper paperwork was in place as required. Finally, neither of the parties had prior discipline findings. The Hearing Panel communicated that, while Pro- fessional Members cannot be perfect, each must take their role in maintaining the reputation of the Profes- sion seriously. Self-regulation is a privilege that re- quires each Professional Member to perform duties both concisely and efficiently.
Signed, DAVID EVANS, P.GEOL. Panel Chair, APEGA Discipline Committee TIM MORAN, P.ENG. Panel Member, APEGA Discipline Committee MARC SABOURIN, P.ENG . Panel Member, APEGA Discipline Committee Date: July 20, 2017
Date: June 26, 2017
Case No.: 16-001-FH
Your management and administration of the Project failed to identify errors that resulted in certification of payments for work that had not been verified by you, and payments to a contractor by your client for that work. In the Agreed Statement of Facts and Admission of Unprofessional Conduct the Member admitted that: a. the Member verified and asked the municipality to pay for 7 gasline crossings and 1,200 tonnes of crushed gravel and 200 tonnes of pitrun gravel, despite not having verified that those items had been used and required payment; b. while the second and final payment recommendation addressed the overpayment for the crushed gravel and pitrun gravel, it again failed to identify the over- payment for the 7 gas line crossings that were not installed but had been certified for payment; c. for several years the Member provided a credit of $3,500 to the municipality in respect to the 7 gas line crossings that were not installed; and
REGARDING THE CONDUCT OF A PROFESSIONAL MEMBER, P.ENG.
Pursuant to the Engineering and Geoscience Professions Act, an APEGA Disciplinary Hearing was held on April 19, 2017. The hearing addressed a complaint against the conduct of a Professional Member, P.Eng. (the "Member"). The hearing proceeded by way of an Agreed Statement of Facts, Admission of Unprofessional Conduct and Joint Submission on Sanctions. The Member was engaged to prepare plans and specifications for a municipal local improvement involving the installation of a sanitary sewer main and upgrades to the water main and to administer the tender on behalf of the municipality and to review and inspect the work being executed by the successful contractor. The amended charge that was presented to the Hearing Panel by the parties was that:
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