INNOVATION March-April 2016
d i sc i p l i ne and en forcemen t
Consent Orders and notices of inquiry and determination are posted on APEGBC’s website. Information about APEGBC’s complaint, investigation and discipline process can be found at apeg.bc.ca or by contacting us at 604.412.4869 (toll-free at 1.888.430.8035, ext. 4869) or complaints@apeg.bc.ca.
Disciplinary Notice – Peter T. George, P. Geo., Cochrane, Alberta A Notice of Inquiry was issued to Mr. Peter George regarding his Technical Report dated August 12, 2012, for the Barkerville Project owned by Barkerville Gold Mines Ltd. (the “Barkerville Report”) and with respect to two technical reports for Rubicon Minerals Corporation dated January 11 and April 11, 2011, for its Phoenix Gold Project in Ontario (the “Rubicon Reports”).
1. Pay a fine of $15,000. 2. Pay $20,000 towards APEGBC’s legal costs.
3. Have a condition imposed on his membership in APEGBC that he must not perform mineral resource or mineral reserve estimations as defined in National Instrument 43-101 (“N1 43-101”). Despite this condition, Mr. George is permitted to: (i) partner with other professional geoscientists with expertise in mineral resource or mineral reserve estimations, provided that the other professional geoscientists take responsibility for the mineral resource or mineral resource estimations in an N1 43-101 report; and (ii) prepare geological reports which do not involve mineral resource or mineral reserve estimations. 4. Complete the course entitled “Mineral Project Reporting Under NI 43-101 (a CIM Course)” offered by EduMine. If Mr. George fails to comply with any of the orders, his membership in APEGBC will be suspended until he is in full compliance with those orders. Mr. Gao now understands that his conduct constitutes unprofessional conduct and is inappropriate in the workplace. APEGBC has no evidence to suggest that Mr. Gao engaged in such behaviour toward any other person. Mr. Gao has taken steps to educate himself on appropriate professional boundaries in his interactions with co-workers. As part of the Consent Order, Mr. Gao is suspended for six months; however, the suspension is stayed and will not come into effect if he provides satisfactory evidence to APEGBC by March 15, 2016, that he has successfully completed a specific individualised in-person Sensitivity and Boundaries Coaching Program. Mr. Gao must also complete follow-up sessions to the program at one week, one month, two months, three months, six months, nine months and twelve months. Mr. Gao must complete the program and the follow-up sessions at his own expense and pay $10,000 as a contribution towards APEGBC’s legal costs. If Mr. Gao fails to comply with any of the terms of the Consent Order, his membership in APEGBC will be suspended until he is in compliance.
In lieu of proceeding to a disciplinary inquiry, Mr. George agreed to a Consent Order dated December 3, 2015. In the Consent Order, Mr. George admitted that he demonstrated unprofessional conduct, incompetence or negligence. The Barkerville Report and the Rubicon Reports fell below the standard expected of a reasonably prudent Qualified Person and professional geoscientist in similar circumstances. Mr. George also admitted that he contravened APEGBC’s Code of Ethics as he accepted responsibility for a professional assignment when he was not sufficiently qualified by training or experience and he failed to keep himself informed in order to maintain his competence. As part of the Consent Order, Mr. George accepted a reprimand and agreed that he will: Disciplinary Notice – Yulin Gao, P.Eng. A Notice of Inquiry dated March 26, 2015, was issued to Mr. Yulin Gao, P.Eng. In lieu of proceeding to a Disciplinary Inquiry, Mr. Gao agreed to a Consent Order admitting that between 2008 and 2012, he engaged in unwanted conduct toward a female employee to whom he was in a position of authority at the engineering firm where he was employed. More specifically, Mr. Gao admitted that, while at the firm’s office and in public settings, he at times positioned himself closer to the employee than appropriate for business communications and, while doing so, sometimes deliberately made physical contact with her. On occasion, he made comments to the employee about her appearance that she reasonably perceived to be of a sexual nature. On other occasions, he requested and received a hug from her. He contacted the employee by text message, email and telephone after hours for non- business purposes and on occasion asked her to perform tasks, such as minding his children while they were in the office, that were unrelated to her employment. The communication and contact was unwanted by the female employee and continued despite her verbal and written requests that he stop.
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