THE DISCIPLINE FILE
Case No. 17-002-RDO continued
NPPE. The Member was aware these textbooks were subject to copyright protection. 14. The Member reimbursed APEGA ($100) for [Staff Member A]’s purchase of the copyrighted material, and confirmed the deletion of all NPPE related material from his computer. 15. The Member regrets his decision to sell the copyrighted material, and admits that his conduct was unprofessional. 16. In light of the Member’s foregoing admissions respecting his conduct, the cooperation of the Member in this investigation, and the remorse expressed by the Member, it is the Panel’s opinion that the matter would best be resolved through a Recommended Discipline Order rather than a formal hearing. C. CONDUCT Mr. Zaher Shukr, P.Eng., freely and voluntarily admits that his conduct, described above, constitutes unpro- fessional conduct. D. SECTION 44(1) OF THE ACT AND THE CODE OF ETHICS Section 44(1) of the Act states: 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 judgement in the practice of the profession, or e) displays a lack of knowledge of or lack of skill or judgement in the carrying out of any duty or obligation
the Member through a $100 PayPal transaction. [Staff Member A] received a Dropbox download link from the Member. The downloads included the following copyrighted material: a) Scan of APEGA National Professional Practice Examination (NPPE) 2003 Questions; b) Scan of the textbook Practical Law of Architecture, Engineering and Geoscience Second Edition (published by Pearson Canada); c) Scan of the textbook Canadian Professional Engineering and Geoscience Practice and Ethics, Fifth Edition (published by Nelson Education Ltd.). 9. On February 11, 2016, [Staff Member A] referred a complaint to the APEGA Director of Investigations, who notified the Member of the allegations. The Member apologized for his actions, pledged his cooperation with the investigation, and undertook to immediately remove his Kijiji listing. 10. On April 21, 2016, [Staff Member A] received information that the Member sold the same copyrighted material to another individual. This individual subsequently confirmed that he purchased the copyrighted material from the Member in November 2015. 11. The Member admits selling the copyrighted material to [Staff Member A] for $100. Although the Member can’t specifically recall selling the material to the other individual identified on April 21, 2016, he admits to selling the copyrighted material to approximately 10 people for a total of $1,000. 12. The Member obtained the electronic copy of the APEGA NPPE 2003 questions from another unidentified student during a 2009 course at the University of Calgary. The Member was not aware they were genuine, previously administered NPPE questions that were subject to APEGA copyright. 13. The Member obtained electronic copies of the textbooks Practical Law of Architecture, Engineering and Geoscience Second Edition (published by Pearson Canada) and Canadian Professional Engineering and Geoscience Practice and Ethics, Fifth Edition (published by Nelson Education Ltd.) through a download link associated to an unidentified blog pertaining to the Ontario
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.
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