Winter PEG 2019

APEGA

THE DISCIPLINE FILE

Decision Summaries

Date: May 22, 2019

Case No.: 19-005-RDO

IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT AND IN THE MATTER OF THE CONDUCT OF [PROFESSIONAL MEMBER A], 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., (“the Member”). The investigation was conducted with respect to a complaint initiated by two individuals (“the Complainants”), dated April 13, 2017 (“the Complaint”). A. THE COMPLAINT The investigation related to the allegation that the Member engaged in unprofessional conduct when he registered as a director for a new, competing business without informing or gaining the consent of his current employer. The Complainants alleged the Member breached the confidentiality and non-compete clauses of his employment contract and he therefore acted unprofessionally. The Investigative Committee investigated the above allegation, in addition to other allegations that were outlined in the Complaint. The Panel determined the allegation outlined above contained sufficient evidence to refer the matter to a formal hearing. B. AGREED STATEMENT OF FACTS 1. The Member graduated in 1996 from the University of Alberta with a B.Eng. in mechanical engineering. 2. The Member was employed with [Company B] from May 2012 to November 2015. 3. The Member, while still employed at [Company B], was registered as a director of [Company C] on July 14, 2015. [Company C] was a newly registered company on this date.

4. Both [Company B and Company C] are downhole tool service companies which engage in the design, development, and deployment of downhole technologies for the oil and gas industry in Canada. C. CONDUCT 5. The Member freely and voluntarily admits that: a. At all relevant times he was a professional member of APEGA and was thus bound by the Engineering and Geoscience Professions Act and the APEGA Code of Ethics. b. The Member acknowledges that registering as a director with [Company C] while being gainfully employed by [Company B] is conduct that contravenes Section 44(1)(b) of the Act, specifically #3 of the Code of Ethics , which were attached as Appendix A. Code of Ethics #3: Professional engineers...shall conduct themselves with integrity, honesty, fairness and objectivity in their professional activities. 6. The Member acknowledges he has breached a fiduciary duty. According to the textbook Practical Law of Architecture, Engineering and Geoscience (2011 Sanders and Samuels), a fiduciary duty is defined as:

FUN STUFF, DEEP THOUGHTS A young attendee looks up towards the big people and their deep concepts, during the APEGA Rock & Fossil Clinic.

ROCKS AND FOSSILS—YA DIG?

Does a budding geoscientist in your network of friends and family need to get their hands dirty and their questions answered? Is someone else you know curious about the way Planet Earth became what it is today? Do you want to get involved yourself, either as an attendee or a volunteer? Consider checking out APEGA’s Rock & Fossil Clinic, next year. We held the 2019 version in October at the TELUS World of Science Edmonton, introducing hundreds of children and adults to passionate volunteers—professional geoscientists, members- in-training, university students. Our volunteers were thrilled to share their knowledge and identify the rocks and fossils attendees brought with them. More than 550 people of all ages stopped by, engaging with 19 volunteers to discuss their rocky treasures and heirlooms. The Rock & Fossil Clinic also featured activities geared towards helping kids learn about geological processes. Oreo Plate Tectonics. Think of an Oreo cookie as Planet Earth. And not because it’s a flat round disk! The cookie wafers, you see, are the outer crust. The filling represents the Earth's mantle, molten rock beneath the crust. Children separated the cookies by sliding the top

one off the filling and breaking into two pieces to reflect tectonic plates. Using the pieces of their cookies, the attendees demonstrated three types of tectonic boundaries, and learned about the effects collisions and interactions have on us and our environment. Bread Fossil Formation. Think of slices of bread as layers of sedimentary rock that can trap organisms between them. Let’s make the organisms gummies. Participants added heavy books to their strange sandwich to simulate the immense pressure of overlying layers. This way, they learned about the effects of time and pressure, gaining an understanding of different fossil types. This year’s event was such a hit that in 2020 we’ll host a clinic in Calgary as well as Edmonton. We hope to see you at one of the clinics—at least! Watch for announcements in your inbox, in the ePEG newsletter. LINKS More About APEGA Outreach Programs More About Serving the Professions Through Volunteering

A fiduciary duty is a relationship of special trust in a partnership. Each partner owes the other partner a fiduciary duty. For example, fiduciary duty

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