THE DISCIPLINE FILE
Case No. 17-005-RDO continued
C. CONDUCT Supreme freely and voluntarily admits that its conduct described above in relation to its failure to have a Pro- fessional Practice Management Plan in place constitutes unprofessional conduct and that Complaint Allegation #4 set out above is admitted and proven. With regards to the Complaint Allegations #1, #2, #3 & #5 set out above, the Investigation Panel determined there was insufficient evidence that Supreme contra- vened Sections 44(1) of the Act or Rules of Conduct #1, #2, #3 or #5 of the Code. D. SECTION 44(1) OF THE ACT AND THE CODE OF ETHICS Section 44(1) of the Act states: 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 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 dishon- ourable, constitutes either unskilled practice of the profession or unprofessional conduct, whichever the Discipline Committee or the Appeal Board finds. The Rules of Conduct of the APEGA Code of Ethics state: 1 Professional engineers, geologists and geophysicists shall, in their areas of practice, hold paramount the health, safety and welfare of the public and have regard for the environment. 2 Professional engineers, geologists and geophysicists shall undertake only work that they are competent to perform by virtue of their training and experience. 3 Professional engineers, geologists and geophysicists shall conduct themselves with integrity, honesty,
fairness and objectivity in their professional activities. 4 Professional engineers, geologists and geophysicists shall comply with applicable statutes, regulations and bylaws in their professional practices. 5 Professional engineers, geologists and geophysicists shall uphold and enhance the honour, dignity and reputation of their professions and thus the ability of the professions to serve the public interest. E. RECOMMENDED ORDERS On the recommendations of the Investigative Commit- tee, and by agreement with [Professional Member A], P.Eng., (Supreme Steel’s Responsible Member) with those recommendations, following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: 1. Supreme Steel LP shall receive a Letter of Reprimand, a copy of which will be maintained permanently in their registration file and be considered at any future date should new cases of unprofessional conduct or unskilled practice be considered by APEGA. 2. Supreme Steel shall submit, to the satisfaction of the Practice Review Board of APEGA, a revised version of their Professional Practice Management Plan. The revised version shall be completed and submitted within 60 days of the Case Manager’s approval of this Recommended Order. Should the Permit Holder not adequately complete the PPMP in the timeline provided, the Permit Holder’s Permit to Practice shall be suspended until such time as the PPMP has been appropriately completed. 3. This matter and its outcome will be published by APEGA as deemed appropriate and such publication will name Supreme.
[PROFESSIONAL MEMBER A] , P.ENG. Responsible Member, on behalf of Supreme Steel
KEVIN WILLIS, P.ENG. Panel Chair, APEGA Investigative Committee
APEGA Discipline Committee Approved this 15th day of May 2017 By Case Manager John Nicoll, P.Eng.
SUMMER 2017 PEG | 69
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