Stage 1

If you believe that a member of APEGGA or a permit holder may have acted in an improper or incompetent manner, we would like to hear from you.

APEGGA staff can answer questions about what to expect from an engineer or geoscientist, even if you do not wish to register a formal complaint. They can also verify whether someone is a licensed professional engineer or geoscientist, or a permit holder.

If you decide to lay a complaint, they will review your concerns with you and provide assistance in advising what material is required to support allegations of either unprofessional conduct or unskilled practice, or both.

Stage 2

An investigative panel of the Investigative Committee will review the material provided. They may obtain additional information from the person making the complaint, or from other sources, if required. In turn, the panel will recommend to the Investigative Committee either that:

• that the complaint be dismissed if it is of the opinion the complianant is frivolous, vexatious or it there is insufficient evidence, or
  
  
• that a formal hearing be held regarding the complaint. In this instance the Investigative Committee will present the complaint to the Discipline Committee to prosecute it.

There is also an alternative available if member under investigation admits to unprofessional conduct or unskilled practice. A formal hearing may be unnecessary. The Investigative Committee may recommend that the Discipline Committee consider a stipulated order be considered. The Discipline Committee then appoints one of its members to serve as a case manager to review the admission and the recommended sanction of the Investigative Committee, along with all material facts. If the case manager agrees with the recommendation, he or she will discuss the matter with the member. If the member also agrees, the resulting decision has the same force and effect as an order following a formal hearing. If the recommended sanction is rejected the matter then proceeds to a formal discipline hearing.

Stage 3

If the complaint proceeds to a formal hearing, a written notice of the hearing outlining the Charges is served on the member or permit holder, who may hire a lawyer. A panel of the Discipline Committee is appointed to conduct the formal hearing. The Discipline Panel has the same powers as the Discipline Committee and its decision is final.

The hearings are usually held at the Association's offices and follow court procedure, with a court reporter present. Witnesses will be called to testify, and both the complainant and the charged professional will have an opportunity to speak to the panel or be available for questioning.

At the end of the hearing, the Discipline Panel will examine all of the evidence and testimony presented before reaching a decision. If the Panel does not find that the conduct is unprofessional or the practice is unskilled, the charges are dismissed.

If there are findings of unprofessional conduct or unskilled practice, the member could:

• be reprimanded,
  
• face suspension of his or her right to practice for a stipulated period
  
• have his or her right to practice cancelled completely, or
• be ordered to meet other requirements.

In addition to these sanctions, the panel may impose a fine of up to $10,000 and assess costs of the hearing. Persons whose right to practice has been suspended may be ordered to pass professional or practice standards examinations, complete a course of study or obtain experience in a particular field before having their right to practice reinstated.

The Association is committed to dealing with complaints fairly and efficiently.

Appeals

Both the member and the Investigative Committee may appeal the decision of the Discipline Committee Panel to APEGGA's Appeal Board.

Similarly, a member may subsequently appeal a decision of the Appeal Board to the Alberta court of Appeal.

As well, the complainant has the right of appeal to APEGGA's Appeal Board should the complaint be dismissed following the investigation.

Compliance

If you have been offered these services by someone who does not have a license or a permit to practice, this is grounds for APEGGA to take action against that person or company. We would like to hear from you if you suspect you are dealing with an unlicensed individual or firm.