Summer 2019 PEG

THE DISCIPLINE FILE

Date: March 29, 2019

Case No.: 19-001-RDO

IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT AND IN THE MATTER OF THE CONDUCT OF GINGER ROGERS (P.GEO.-RESIGNED)

4. At all relevant times Ms. Rogers was bound by the Act and the Code. 5. Ms. Rogers has cooperated fully with all aspects of the APEGA investigation into this matter. (Substantial portions of the following are taken from the agreed statement of facts presented to the Provincial Court of Alberta) 6. At all material times, Ms. Rogers was the sole director and shareholder of ACER Environmental Solutions Inc. (ACER), an Alberta corporation that was dissolved in August 2016. 7. At all material times, Ms. Rogers was licensed to practise as, and held herself out as, a professional geologist. 8. [Company A] is an Alberta corporation that owns and operates [an Alberta meat processing plant].The plant operates under an approval issued by Alberta Environment and Parks ("the Approval"). 9. The Approval provides for disposal of wastewater from the meat processing plant. The Approval permits the use of wastewater to irrigate nearby lands if the receiving soil meets specific parameters as specified in the Approval. 10. The Approval required [Company A] to submit an Annual Industrial Wastewater and Industrial Runoff Report to Alberta Environment and Parks (AEP). 11. Ms. Rogers and ACER were retained by [Company A] conduct its soil testing in 2013, 2014, and 2015. 12. On March 31, 2016, Ms. Rogers submitted to AEP the 2015 Annual Industrial Wastewater, Industrial Runoff and Waste Management Report on behalf of [Company A]. This report contained soil testing results. 13. An AEP soil specialist reviewed the 2015 report and noted that numerous soil sample analysis results in the 2015 report were identical to what was reported in 2013, even though the soil samples were taken from different locations and two years apart.

The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of Ginger Rogers (“Ms. Rogers”). The investigation was conducted with respect to a complaint initiated by Matthew Oliver CD, P.Eng., APEGA Deputy Registrar and Chief Regulatory Officer, (“the Com- plainant”), dated October 3, 2018 ("the 'Complaint"). A. THE COMPLAINT The Complainant alleged that Ms. Rogers engaged in unprofessional conduct and unskilled practice and violated the Engineering and Geoscience Professions Act (“the Act") and Code of Ethics (“the Code") by contravening the Environmental Protection and Enhancement Act , Sections 227(a) and 227(b), knowingly providing false or misleading information pursuant to a requirement to provide information. The Investigative Committee conducted an investigation into whether Ms. Rogers had been charged and convicted under the Environmental Protection and Enhancement Act, Sections 227(a) and 227(b), knowingly providing false or misleading information pursuant to a

requirement to provide information. B. AGREED STATEMENT OF FACTS (a) Background

1. Ms. Rogers was a professional member of APEGA (P.Geo.) in good standing from February 26, 2004, until September 27, 2017, when she voluntarily resigned her APEGA professional membership. 2. Ms. Rogers cancelled the APEGA Permit to Practice for her consulting firm, Acer Environmental Solutions Inc., on September 20, 2016. 3. Ms. Rogers does not intend to pursue a further career in geoscience.

75 | PEG SUMMER 2019

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