| Link Overview:
Code of Ethics...
Interpretation and Amplification of the Code of Ethics...
APEGGA Disciplinary Procedures...
Historical Background - APEGGA Code of Ethics...
One of the noteworthy characteristics of professions granted self-governing status under provincial statute is the authority to discipline their members who fail to comply with proper standards of practice and conduct. In APEGGA this authority is effected through a disciplinary process which is the responsibility of a body of professional members, the Discipline Committee. Full details are contained in the Engineering, Geological and Geophysical Professions Act and its accompanying regulations.
Complaints about the conduct of professional members, licensees, permit holders, certificate holders or members-in-training may be made by "any person", such as a member of the public or another APEGGA member. Receipt of a complaint sets the discipline process in motion. All complaints are investigated "forthwith" through a preliminary investigation into the matter which involves the member complained against (investigated person). If there is sufficient substance to the complaint, a Formal Hearing is held. This is a semi-judicial internal professional investigation into the conduct of the investigated person by a panel of at least three members of the Discipline Committee.
Following a Formal Hearing, the Discipline Committee may find that the conduct of the investigated person constitutes unskilled practice of the profession or unprofessional conduct or both (Act, Section 43), whether or not the conduct is disgraceful or dishonourable, if the conduct of the investigated person has violated one or more of the following conditions:
a. is detrimental to the best interests of the public,
b. contravenes the Code of Ethics of the profession as established under the regulations,
c. harms or tends to harm the standing of the profession generally,
d. displays a lack of knowledge of or lack of skill or judgement in the practice of the profession, or
e. displays a lack of knowledge of or lack of skill or judgement in the carrying out of any duty or obligation undertaken in the practice of the profession.
The Discipline Committee has adopted the following interpretations of the Act, with the provision that the committee will deviate from the interpretations with cause, as appropriate:
a. "Unskilled Practice of the Profession" means practice by APEGGA members which is deemed by their peers to be below the standards of practice acceptable to the Association:
i. in technical competence
ii. in the overall performance of the scope of services undertaken.
b. "Unprofessional Conduct" means conduct by APEGGA members which is in violation of the Code of Ethics of the Association.
Consequences of a finding of unskilled practice or unprofessional conduct, as ordered by the Discipline Committee, are prescribed in the Act. Penalties vary in level of severity such as reprimand, suspension for a specified period, suspension pending completion of specified conditions, practice under certain conditions, and cancellation of registration (Act, Section 60). In addition, the Discipline Committee may order the investigated person to pay all or part of the costs of the hearing, a fine up to $10,000, or both costs and a fine.
The Act provides for a disciplined member, or a complainant whose complaint was dismissed at the preliminary investigation stage, to appeal the decision to the Association.
|Home . . . . . . Contact|