THE DISCIPLINE FILE
Case No.: 18-008-RDO continued
21. On July 10, 2018, the Member returned his stamp to APEGA.
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 super- vision 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 re- sponsibility 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 mat- ter of practice, professionals shall keep their stamps and seals under control." (iii) The Member's health and its relationship to the misconduct. 15. The Member no longer operates the Company. 16. Prior to June 20, 2018, the Member's engineering duties related to being the retained engineer for 15 welding companies throughout Alberta. 17. The Member was required to conduct inspections pursuant to Canadian Welding Bureau (CWB) regula- tions every three months. 18. There have been no complaints received at APEGA from any of the welding companies expressing a concern with the Member's suitability to conduct inspections. 19. The Member's family expressed concern to APEGA regarding the Member's mental health and explained that this concern led to a family decision to limit the Member's scope of practice to conducting welding inspections. 20. On June 20, 2018, the Member voluntarily cancelled his APEGA membership.
C. CONDUCT 22. The Member freely and voluntarily admits that: a. At all relevant times he was a professional member of APEGA and was thus bound by the Engineering and Geoscience Professions Act and the APEGA Code of Ethics. b. He breached the Act, the Practice Standard, the General Regulation and the Guideline by 23. The Member acknowledges that the conduct described above constitutes unprofessional conduct and unskilled practice as defined in Section 44(1) of the Act: Section 44(1) Any conduct of a professional member, licensee, permit holder, certificate holder or member- in-training that in the opinion of the Discipline Committee or the Appeal Board a) is detrimental to the best interests of the public, b) contravenes a code of ethics of the profession as established under the regulations, c) harms or tends to harm the standing of the profession generally, d) displays a lack of knowledge of or lack of skill or judgment in the practice of the profession, or e) displays a lack of knowledge of or lack of skill improperly allowing the Complainant to apply his electronic stamp and signature to professional documents on his behalf.
or judgment in the carrying out of any duty or obligation undertaken in the practice of the profession,
whether or not that conduct is disgraceful or dishonourable, constitutes either unskilled practice of the profession or unprofessional conduct, whichever the Discipline Committee or the Appeal Board finds.
SUMMER 2019 PEG | 64
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