INNOVATION November-December 2012

d i sc i p l i ne and en forcemen t

Consent Order – Joseph M Sarkor PEng, Kelowna, BC APEGBC received a complaint regarding the structural engineering design for two tilt-up structures in Kelowna, BC. The member appointed to review the complaint recommended further investigation by the Investigation Committee. The Investigation Committee investigated the conduct of the design engineer and the conduct of Mr Sarkor, who had performed an independent review of the design. The Committee found that Mr Sarkor failed to note the many deficiencies in the design drawings and recommended disciplinary inquiries for both members. (The design engineer, Richard Visscher PEng, signed a Consent Order as reported in the September/October edition of Innovation.) In lieu of proceeding to a disciplinary inquiry, Mr Sarkor signed a Consent Order admitting his review of the structural drawings was deficient and accepted as his penalty: 1. A reprimand; 2. Peer review of his structural services for at least 12 months by a professional engineer approved in advance by the Registrar; 3. Payment of half the mediation fees; 3. Payment of $5,000 towards APEGBC’s legal costs; and 5. A $5,000 fine. Information on the APEGBC’s Complaint Procedure and a copy of the Consent Order can be found on the APEGBC website under “Discipline and Enforcement”. Further information on the investigation and discipline processes can also be obtained by contacting Bev Mitovic, Compliance Officer, APEGBC at bmitovic@apeg.bc.ca or (604) 412-4869 or toll-free 1-888-430-8035 ext 4869. Resignation of Membership While Under Investigation – Professional Engineer Information was received by APEGBC regarding charges against a professional engineer member (the “Engineer”) relating to forgery of a certificate and causing a person to use a forged document under the Criminal Code and contravening a requirement of a protocol under the Environmental Management Act . The Engineer was convicted of the charge under the Environmental Management Act and fined. The Crown stayed the other charges. APEGBC’s Investigation

The Engineer resigned membership during the investigation of this matter. As loss of membership is the most serious sanction a member can face as a result of a disciplinary action, the Investigation Committee, with the approval of the Discipline Committee, closed its file. On the instructions of the Investigation Committee, staff have included in the Engineer’s permanent member file and electronic membership record the details of the conviction and have included in the Engineer’s member file all information and documents in APEGBC’s possession regarding the offences so that it will be available for review by Council should the Engineer apply for reinstatement of membership in APEGBC at some point in the future. In order to regain membership, the Engineer will have to satisfy Council at the time of any such application for registration that the Engineer is of “good character and good repute” and that having been convicted of an offence, is suitable for registration. Details of this matter have also been provided to other Canadian regulatory bodies for the engineering profession for their information should the Engineer be or apply to be a member in another jurisdiction. As this matter did not result in disciplinary action, APEGBC is prohibited by privacy legislation from publishing the Engineer’s name or additional details that may reveal the Engineer’s identity. Although no final determinations were made in this matter by the Investigation and Discipline Committees regarding the member’s conduct, the issues raised were serious. This notice is being published as a reminder to the membership of the ethical obligations imposed by APEGBC’s Code of Ethics to uphold the values of truth, honesty, and trustworthiness, as well as the provisions in the Engineers and Geoscientists Act relating to convictions for offences. Resignation of Membership While Under Investigation – Professional Geoscientist A complaint was received by APEGBC against a professional geoscientist member (the “Geoscientist”) relating to errors in a mineral resource report. In accordance with the Engineers and Geoscientists Act , a member of APEGBC was appointed to review the complaint against the Geoscientist. The complaint reviewer recommended further investigation of the matter by APEGBC’s Investigation Committee. An independent expert in mineral resource estimates was retained to assist the Investigation Committee in determining whether errors in the mineral resource report were due to the resource database not having been set up properly for resource estimation by the Geoscientist. Prior to the conclusion of the investigation, the Geoscientist resigned membership in APEGBC. The Geoscientist is not registered as a professional

Committee commenced an investigation of the matter to determine if the nature or

circumstances of the offence rendered the Engineer unsuitable for registration, which is a ground for disciplinary action.

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