INNOVATION September-October 2014

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

Removal of Consent Order Conditions – Richard (Dick) Bartel, P.Eng., Coldstream, BC Following an acceptable final report from Mr. Bartel’s peer reviewer pursuant to paragraph (e) of the Consent Order dated November 16, 2012, the Discipline Committee Review Panel con- firmed that Mr. Bartel was no longer required to have peer reviews and is relieved of this requirement on his license to practice engi- neering effective January 21, 2014. The Discipline Committee Review Panel also confirmed that pursuant to paragraph (c) of the Consent Order, Mr. Bartel’s prac- tice remains restricted by the condition that he not undertake any hydrogeological services or provide any hydrogeological advice. Disciplinary Notice – Harbinder Singh Bal, P.Eng., Delta, BC A disciplinary inquiry was held on May 5, 2014, with respect to a Notice of Inquiry dated November 5, 2013, issued to Mr. Bal. Mr. Bal did not attend the disciplinary hearing. The Discipline Committee issued a Determination dated June 17, 2014. The committee found the evidence insufficient to conclude that Mr. Bal had breached the Code of Ethics by failing to issue the Building Code Schedule C-B (the “Schedule C-B”) as requested by his client without evidence of an earlier request to complete the Schedule C-B [Charge 3(b)]. However, the Discipline Committee determined that Mr. Bal committed unprofessional conduct by: a) Failing to respond to APEGBC’s communications in a timely and appropriate matter as required by section 30(4) of the Engineers and Geoscientists Act [Charges 1, 2, 3(d) and 4]; b) Failing to respond to his clients in a timely and appropriate manner contrary to the Code of Ethics [Charge 3(a)]; and c) Using the issuance of the Schedule C-B as leverage to have his client withdraw the complaint to APEGBC. [Charge 3(c)]. The committee noted that “…using the issuance of the Schedule C-B to have the complaint withdrawn is an egregious action of unprofessional conduct and contrary to the Code of Ethics of the association.” The penalties imposed on Mr. Bal were as follows: 1. Mr. Bal is suspended for 60 days commencing September 1, 2014; 2. Mr. Bal must return his seal to APEGBC by August 31, 2014, failing which an additional day will be added to his suspen- sion for every day that his seal is late; 3. Following the completion of his suspension, for one year Mr. Bal will not practice professional engineering except under the mentorship supervision of another professional engineer; 4. Mr. Bal must successfully complete the Law and Ethics Program and pass the Professional Practice Examination on or before March 31, 2015; 5. Mr. Bal must pay a fine of $5,000 to APEGBC payable within 6 months; and 6. Mr. Bal must pay APEGBC’s legal, investigation and inquiry costs in the amount of $13,082.58, payable within 6 months; and 7. If any of the conditions are not met, Mr. Bal will remain suspended.

Disciplinary Notice – Graham Olney, P.Eng., Vancouver, BC A complaint was received by APEGBC relating to Mr. Olney’s design and field review of a skylight which contained significant structural deficiencies. This matter was referred to APEGBC’s Investigation Committee. The Investigation Committee recommended to the Discipline Committee that an inquiry be held into Mr. Olney’s conduct. In lieu of proceeding to a disciplinary inquiry, Mr. Olney signed a Consent Order dated August 5, 2014, admitting he engaged in negligence or unprofessional conduct as set out in the Notice of Inquiry and agreed to the following disposition: 3. Should Mr. Olney wish to re-apply for membership with APEGBC, Mr. Olney will have the following conditions on his membership: i. Mr. Olney must successfully complete the Law and Ethics Program and pass the Professional Practice Examination; ii. Mr. Olney must successfully complete the C1 Analytic Methods in Structural Engineering course offered by the Structural Engineers Association of British Columbia or an alternative course of education in the area of structural engineering, subject to the approval of the Discipline Committee; iii. Mr. Olney must have his professional engineering services peer reviewed by a Peer Reviewer. The Peer Reviewer must provide written reports about Mr. Olney’s work to APEGBC every 90 days and must provide an annual report to the Discipline Committee; 4. Mr. Olney will pay a fine of $2,000 to APEGBC; and 5. Mr. Olney will pay a portion of APEGBC’s legal costs in the amount of $2,000. If the above-noted conditions are not met, Mr. Olney will be suspended from practice until the conditions have been met. Disciplinary Notice – Vladimir Stuchlik, P.Eng., Nakusp, BC A complaint was received by APEGBC relating to Mr. Stuchlik’s design and installation of a sewerage system alleged to be con- trary to the Health Act, R.S.B.C. 1996, c. 179 – Sewerage Disposal Regulation (the “ SDR ”) and the Waste Management Act, R.S.B.C. 1996, c. 482 – Municipal Sewage Regulation (the “ MSR ”). This matter was referred to APEGBC’s Investigation Committee. The Investigation Committee recommended to the Discipline Committee that an inquiry be held into Mr. Stuchlik’s conduct. A hearing was held on April 29 and 30, 2014. Although Mr. Stuchlik was given notice of the hearing, he did not attend. The Discipline Committee issued a Determination dated May 20, 2014. The Discipline Committee concluded that Mr. Stuchlik committed unprofessional conduct. Specifically, the Discipline Committee found that Mr. Stuchlik did not provide information required by the Investigation Committee pursuant to section 30(4)(a) of the Act . The Discipline Committee also found that Mr. Stuchlik failed to obtain a permit before the construction, instal- lation or alteration of the sewerage system and failed to obtain 1. Mr. Olney will receive a reprimand; 2. Mr. Olney will resign within 60 days;

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