In the Matter of a Complaint Pursuant to the Engineering and Geoscience Professions Act
On November 17, 2021, the Complaints Committee of the Association of Professional Engineers and Geoscientists of New Brunswick met to investigate and consider a Complaint against a member. The Complaint alleged professional misconduct.
Having reviewed the Complaint and Reply, and having reviewed the relevant sections of the Act, the Complaints Committee determined that the matter was within its jurisdiction. The Committee further determined that the matter warranted referral to the Discipline Committee.
Prior to taking this action, however, the Committee proposed a “Voluntary Agreement” to resolve the issue. This agreement was acceptable to the Complainant and included the following terms:
- The Association publishing, without names, without geographic reference, a summary of the matter to the membership consistent with the following for the purpose of education:
- APEGNB received a Complaint against a Member who erroneously failed to engage an Architect with respect to the construction of a commercial building contrary to the “Guidelines for Development and Maintenance of the Professional Relationship Between Architects and Engineers” (the “Guidelines”)
- Specifically, the Member failed to engage the services of an Architect as provided for in the Guidelines.
- The Member undertook to remedy the situation at his own expense and to abide by the Guidelines.
- In the course of addressing the Complaint by way of Voluntary Submission to the Complaints Committee of APEGNB, the Member acknowledged that the violation of the Guidelines had caused conflict with other regulatory bodies and officials.
- Based on the diligence of regulators and various officials the matter was identified prior to the conclusion of the construction of the commercial construction project and there are no ongoing issues of public safety.
With the acceptance of the voluntary resolution, the Complaints Committee concluded its investigation and consideration of the Complaint, and considers the matter resolved.
-Roland Richard, P.Eng.
Acting Chair, Complaints Committee