THE DISCIPLINE FILE
Case No. 17-002-RDO continued
with legal counsel regarding my rights or that I am aware of my right to consult legal counsel and that I hereby expressly waive my right to do so. I confirm that I agree to the facts and admissions as set out above in this Recommended Discipline Order, and that I agree with the Orders that are jointly proposed.
of Unprofessional Conduct in its entirety. MR. ZAHER SHUKR , P.ENG. KEVIN WILLIS, P.ENG. Panel Chair, APEGA Investigative Committee APEGA Discipline Committee
IN WITNESS WHEREOF the undersigned agrees with the Agreed Statement of Facts and Acknowledgment
Approved this 3rd day of May 2017 By Case Manager Ken Liu, P.Eng.
The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of [Professional Member A], P.Eng., with respect to mismanagement of a project funded by [Company B]. In addition, there is an allegation of misappropriation of funds owed to [Company B] which were diverted to a company owned by [Professional Member A], [Company C]. A. COMPLAINTS The Member has engaged in unprofessional conduct that contravened Section 44(1)(b) of the Act and Rules of Conduct #3 & #4 of the Code. The Member has en- gaged in unprofessional conduct by failing to maintain objectivity in the process of ensuring subcontractors were paid for work performed on behalf of [Company B], and the Member operated his company [Company C] without a Permit to Practice. B. AGREED STATEMENT OF FACTS 1. [Professional Member A], P.Eng., (“the Member”) was a Professional Member of APEGA in good standing during the relevant time of the allegations, and was thus bound by the APEGA Code of Ethics . Date: April 4, 2017 Case No.: 17-003-RDO IN THE MATTER OF THE ENGINEERING, AND GEOSCIENCE PROFESSIONS ACT AND IN THE MATTER OF THE CONDUCT OF [PROFESSIONAL MEMBER A], P.ENG.
2. The Member’s company [Company C] did not hold a valid Permit to Practice during the relevant time of the allegations. The permit application was withdrawn by the Member on March 6, 2014. 3. The Complainant, [Complainant D], is the Director of [Company B]. 4. The Member operated [Company C], a firm active in providing drilling and completions services. 5. The complaint of unprofessional conduct against the Member arises from circumstances surrounding the failed business relationship of [Company B] and [Company C] between September 12, 2014, and February 2015. 6. In 2014 [Company B] sought to expand their business into drilling and completions, and accordingly they entered a business relationship with the Member. In August 2014, [Company B] created a new division called [Company B Drilling and Completions]. The Member was a director of [Company B Drilling and Completions] and his company [Company C] was a shareholder of [Company B Drilling and Completions] with a 25% stake in the company. 7. Pursuant to a letter of agreement dated September 12, 2014, the Member entered into a full-time contract position as the Drilling & Completions Manager for [Company B Drilling and Completions]. 8. It was understood pursuant to a verbal agreement between the parties that [Company C’s] current clients would be billed going forward by [Company B Drilling and Completions]. 9. The two clients related to the allegations are [Company E and Company F]. Both companies
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