THE DISCIPLINE FILE
THE DISCIPLINE FILE
Case No.: 19-006-RDO continued
9. It is the Panel's opinion that the matter would best be resolved through a Recommended Discipline Order rather than a formal hearing. The Panel considered the following: there is no risk of harm to the public, the admission by the Member, the timely cooperation of the Member in this investigation, the acknowledgement expressed by the Member, and the Panel's finding that although the Member's conduct demonstrated an error in judgment, it was not malicious. The same considerations apply to the Panel's recommendation that this matter and its outcome should be published without naming the Member.
Date: June 12, 2019
Case No.: 19-004-RDO
IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT AND IN THE MATTER OF THE CONDUCT OF [PROFESSIONAL MEMBER A], P.ENG.
declare conflicts of interest. Moreover, a partnership agreement cannot negate or alter fiduciary duties. Officers and directors owe a fiduciary duty to the corporation. For example, officers and directors cannot operate separate competing businesses or take profits of the business solely for themselves. A fiduciary duty is a heightened duty to care for the interest of another party in priority to one's own interest and a duty not to act against the interest of the other party. Committee, and by agreement of the Member with that recommendation, and following a discussion and review with the Discipline Committee Case Manager, the Discipline Committee hereby orders that: 1. The Member will receive a Letter of Reprimand, a copy of which will be maintained permanently 2. The Member will be assessed, and will pay, a fine in the amount of $1,000 pursuant to Section 64(1)(b) of the Act; 3. In the event the fine is not paid within 60 days of this order's approval by a Discipline Committee Case Manager, the Member shall be suspended from the practice of engineering until such payment has been received in full; and 4. The Member shall provide evidence to the Director, Enforcement, within one year of being served with a copy of the Discipline Committee's decision, that he has successfully completed the National Professional Practice Examination. The course will be undertaken at his own cost. If the examination is not successfully completed by the above noted date, the Member shall be suspended from the practice of engineering until the examination is successfully completed. in the Member's registration file and be considered at any future date by APEGA;
D. RECOMMENDED ORDERS 8. On the recommendation of the Investigative
[PROFESSIONAL MEMBER A], P.ENG. WILLIAM SATTLEGGER, P.GEO. Panel Chair, APEGA Investigative Committee NASER RABBANI, P.ENG. Case Manager, APEGA Discipline Committee
Date: May 27, 2019
54 | PEG WINTER 2019
WINTER 2019 PEG | 55
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