June 2006 ISSUE
APEGGA DISCIPLINE COMMITTEE ORDER
IN THE MATTER OF the Engineering, Geological and Geophysical Professions Act
— and —
IN THE MATTER OF the conduct of Komex International Ltd.
The Investigative Committee of the Association of Professional Engineers, Geologists and Geophysicists of Alberta (APEGGA) has conducted an investigation into the conduct of Komex International Ltd. in relation to a report issued in August 2001 for the Lynnview Ridge Residents Action Committee in Calgary, Alberta.
As a result of the investigation, and based on the evidence and information that has come to the attention of the Investigative Committee, the Discipline Committee has directed that this Order be enacted.
Agreed Statement of Facts
As a result of the investigation, it is agreed by and between the Investigative
Committee and Komex International Ltd. that:
1. At all materials times, Komex International Ltd. held a valid Permit to Practice issued by APEGGA being Permit Number P02306 issued in September 1977.
2. Permit to Practice P02306 was issued to Komex International Ltd. for the practice of engineering and the practice of geology.
3. At all material times, Komex International Ltd. had on staff professional members required by the General Regulation of the Engineering, Geological and Geophysical Professions Act, being at least one professional engineer to take responsibility for the practice of engineering and at least one professional geologist to take responsibility for the practice of geology for the permit holder, Komex International Ltd.
4. Komex International Ltd. did produce the report, “Assessment of Environ-mental Studies and Proposed Remedial Options for Lead and Hydrocarbon Contamination, Lynnview Ridge, Calgary, Alberta”, dated August 9, 2001, to its client for use in a potential mediation or litigation.
5. Komex International Ltd. did not cause the report to be signed and stamped with the stamp of the professional geologist who prepared the geological portion of the report, nor did Komex International Ltd. show its permit number on the report, both of which are required by Section 49 of the General Regulation.
6. The report included some elements of geological work. However, the majority of the work summarized by the report did not constitute the practice of engineering or geology. Komex International Ltd. incorrectly assumed that because the practice of geology was not the primary or majority portion of the work summarized by the report, the stamping and signature requirements of the General Regulation did not apply.
7. A professional Geologist, registered as a member of APEGGA in good standing at the time the report was written, was the only APEGGA member involved in the writing of the report. A colleague who was a Professional Biologist and the primary author signed the report on behalf of the professional member. Other Komex International Ltd. employees contributed minor elements to the report. The text of the report did not clearly identify all of the individuals involved and their contributions.
8. The determination to not require stamping of the report or applying Komex International Ltd.’s permit number to the report was made collectively by the project team employed by Komex International Ltd. contrary to the professional member’s instructions.
Conduct
Komex International Ltd. freely and voluntarily admits that its conduct constitutes
unprofessional conduct in the following respects:
1. Komex International Ltd. failed to affix its permit number in the said report as required by Section 49(b) of the General Regulation.
2. Komex International Ltd. failed to cause the professional member who prepared the geological portion of the report to sign and stamp the report as required by Section 49(a) of the General Regulation. Allegations of unprofessional, unfair, or poor quality work were attributed to individual professional members of the association named in the notice of investigation. These allegations were not supported by the evidence provided.
Orders
On the recommendation of the Investigative Committee, and by agreement of Komex
International Ltd. with that recommendation following a discussion with the Discipline
Committee case manager, the Discipline Committee orders that:
1. That Komex International Ltd.
be reprimanded for unprofessional conduct.
(Signed By)
APEGGA Investigative Committee
Komex International Ltd.
APEGGA Discipline Committee
Approved this 24th day of April, 2006.
Note
This decision appears in The PEGG in accordance with an APEGGA Council policy
that requires publication, with names. This applies in all cases unless the Investigative
Committee, the Discipline Committee or the Appeal Board orders against publication
and provides reasons.