Innovation - Spring 2024

DISCIPLINE AND ENFORCEMENT

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As outlined in the Consent Order, Mr. Colquhoun’s registration as an EIT with Engineers and Geoscientists BC was cancelled. Mr. Colquhoun paid the maximum fine for a trainee under the PGA of $2,000. Mr. Colquhoun also paid $1,200 toward the legal and investigation costs of Engineers and Geoscientists BC.

unprofessional conduct with respect to the geotechnical engineering services he provided and that he acted contrary to the Bylaws of Engineers and Geoscientists BC. Mr. Lay agreed that, among other things, he failed to: • undertake an adequate design process for the project including complete adequate design calculations regarding the stability of the terraced rock walls; • prepare or provide drawings, design plans, or written directives to the contractor regarding the construction of the terraced rock walls; • fulfill his duties as Engineer of Record for the project by improperly delegating his professional responsibilities to the contractor; • carry out adequate field reviews and document field reviews during the construction stage of the project; and regulatory body or its registrants into disrepute. Mr. Colquhoun also admitted that his conduct was contrary to the Code of Ethics of Engineers and Geoscientists BC that requires registrants to provide accurate information in respect of their qualifications and experience and to conduct themselves with fairness, courtesy and good faith towards all persons whom the registrant has professional dealings.

In a November 9, 2023, Consent Order, Jerry Lay, P.Eng., admitted that he demonstrated unprofessional conduct relating to the geotechnical engineering services he provided for terraced rock walls at a house in Vernon, BC. On November 17, 2023, Mr. Lay’s registration with Engineers and Geoscientists BC was suspended for two months. In 2019, Mr. Lay provided geotechnical engineering services for the design and construction of terraced rock walls for a single family residence in Vernon. The homeowner became concerned about the stability of the terraced rock walls and observed that, during periods of rainfall, sand was pouring between the boulders. The homeowner was unsatisfied with Mr. Lay’s response to their request to remediate their concerns. In the Consent Order, Mr. Lay admitted that he demonstrated Mr. Colquhoun sealed did not contain any engineering work and did not require authentication. Mr. Colquhoun resigned from the position shortly after authenticating the report. In the Consent Order, Mr. Colquhoun agreed that he engaged in conduct unbecoming, which is defined in section 1 of the Professional Governance Act (PGA) as conduct of a registrant that brings the

DISCIPLINE NOTICE: JERRY RAYMOND LAY, P.ENG.

• engage an independent reviewer to analyze the design and drawings for the project. During the suspension period, Mr. Lay was required to complete educational courses and provide a declaration that he had read and was familiar with the Engineers and Geoscientists BC Professional Practice Guidelines: Retaining Wall Design . As outlined in the Consent Order, following the suspension period, Mr. Lay’s work relating to retaining wall design must be peer reviewed for a minimum of one year. This is Mr. Lay’s second discipline order with Engineers and Geoscientists BC. In accordance with the 2009 Consent Order, he is prohibited from providing wastewater treatment and disposal systems engineering services.

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Spring 2024

Innovation