THE DISCIPLINE FILE
Case No.: 18-013-RDO continued
1) Following receipt of the information, the Trustee's Office opened an investigation on engineer Nor- mand Fallu on April 11, 2016; 2) This inquiry concerned the collusion of contracts prevailing between engineering firms in the munici- pality of Longueuil; 3) The objective of this consortium was to obtain the opportunity to bid on some projects in the city of Longueuil; 4) Normand Fallu, between 2005 and 2010, was vice- president of business development for the firm of Dessau in Longueuil; 5) Because he became a member of the Alberta Col- lege of Engineers (APEGA), the member has given up his engineering title with the Ordre des lngé- nieurs du Québec (OIQ) on April 1, 2013; 6) Less than one month following his transfer to Al- berta by Dessau, the member lost his job while the company was seeking accreditation from the AMF (Autorité Des Marchés Financiers) in order to be able to bid again on public contracts; 7) The member has no previous disciplinary history; 8) The member pleads guilty to the three (3) counts of the complaint; 9) The risk of reoffending is non-existent; 10) The member is in agreement with the recommen- dation on sanctions to be presented to the Disciplin- ary Board. 13. On February 22, 2018, the Member attended the OIQ discipline hearing by telephone from Calgary. The Disciplinary Council Chair verified the Member's guilty plea on the three charges. A joint submis- sion on sanctions was provided to the Disciplinary Council, recommending a $10,000 fine on Count 1, a $10,000 fine on Count 2, and a $2,500 fine on Count 3. The proposed fines totalled $22,500. 14. On February 22, 2018, APEGA commenced its in- vestigation into the conduct of the Member. The Member undertook to fully cooperate with the inves- tigation. 15. On March 26, 2018, the Member voluntarily changed his status with APEGA from Practicing Professional Member to Non-Practicing Professional Member.
"Normand Fallu, ing., a member of the OIQ (under his title # 45037) at the time of the events outlined below, failed or neglected to meet certain obligations imposed by the Code de déontologie des ingénieurs (Code of Eth- ics of Engineers) (R.R.Q,.1981, c 1-9, r. 3), and the Code des professions (Professional Code), RLRQ c C-26 as In Longueuil, between the years 2005 and 2010 , as part of the exercise of his profession while he was vice-pres- ident of development of business for the firm Dessau in Longueuil, the engineer Normand Fallu failed to fulfill his professional obligations by resorting to or by indulg- ing in dishonest or doubtful procedures, either by toler- ating a system of sharing contracts (collusion) to bypass the tendering procedure in the City of Longueuil, thereby contravening section 3.02.08 of the Code of Ethics of Engineers or, failing that, acting in a manner derogatory to the honour or dignity of the profession or discipline of the members of the Order under section 59.2 of the Professional Code. Count 2 In Longueuil, between the years 2005 and 2010, as part of the exercise of his profession while he was vice-pres- ident of development of business for the firm Dessau in Longueuil, the engineer Normand Fallu demonstrated a lack of integrity and harmed the standing of the pro- fession by participating, several times, in a system to bypass the tender process of the City of Longueuil, thus contravening article 3.02.01 of the Code of Ethics of Engineers and section 59.2 of the Professional Code. Count 3 In Montréal, on or about May 13, 2016, as part of the investigation that the trustee led, the member impeded the investigation by providing false or incomplete infor- mation thus contravening provisions of art. 114 of the Professional Code." 11. In January 2018 the Member resigned from Stantec in Alberta. 12. On February 19, 2018, the Member signed an OIQ joint summary of facts as follows: follows: Count 1
67 | PEG SUMMER 2019
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