Discipline Hearings & Notices

Where the Investigation Committee recommends that the Discipline Committee hear and determine a formal complaint, the Chair of the Discipline Committee appoints a Discipline Panel to hear the complaint. The Panel includes a public appointee who serves on the Discipline Committee in accordance with The Engineering and Geoscience Professions Act. A Discipline Panel exercises the powers of the Discipline Committee in hearing and determining the formal complaint.

Discipline hearings are open to the public. However, the Discipline Panel may exclude members of the public and/or the complainant from any part of a hearing where it determines that evidence presented in their presence would unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing.

The Discipline Hearing

When a formal complaint proceeds to a discipline hearing, the member whose conduct is the subject of the hearing is provided with the formal complaint and notice of the date, time and place of the hearing in accordance with the Act. The complainant, if any, is also advised of the hearing and is entitled to attend, subject to the provisions of the Act.

At the hearing, the Discipline Panel hears the formal complaint and determines whether the member’s conduct constitutes professional misconduct or professional incompetence.

If the Discipline Panel finds that a member’s conduct constitutes professional misconduct or professional incompetence, it may make one or more orders, including:

• expelling the member from the Association and striking their name from the register;
• suspending the member from the Association for a specified period;
• suspending the member until they have satisfied specified conditions, which may include successfully completing specified classes or courses, obtaining medical treatment or counselling, or undergoing treatment for substance addiction;
• allowing the member to continue to practice only under specified conditions, which may include prohibiting certain types of work, requiring specified classes or courses, restricting the member’s practice, requiring the member to practise only in partnership with, or as an associate or employee of, one or more members specified by the Discipline Panel, or requiring medical treatment, counselling or treatment for substance addiction;
• reprimanding the member; or
• making any other order that the Discipline Panel considers just.

Please note: In addition to any order described above, the Discipline Panel may impose a fine of up to $15,000 and require the member to pay the costs of the investigation and hearing, including related expenses, legal services and witnesses. If the member fails to make payment as ordered, the Discipline Panel may suspend the member from the Association.

After the Hearing

Following the hearing, the Discipline Panel issues its decision and, where applicable, an order setting out any penalty or other requirements imposed. Where a member is suspended or expelled, the member’s status is reflected on the APEGS register in accordance with the act.

Appeal of a Discipline Decision

A member who is found guilty of professional misconduct or professional incompetence may appeal the decision or any order of the Discipline Panel to a judge of the Court of King’s Bench within 30 days of the decision or order, in accordance with section 39 of The Engineering and Geoscience Professions Act.

An appeal does not automatically stay the decision or order. However, the member may apply to the Court for a stay pending the outcome of the appeal.

Notice of Discipline Hearings

Please note: A formal complaint contains allegations that have been referred to the Discipline Committee for hearing. The allegations have not been proven unless and until the Discipline Panel makes findings following the hearing.

Discipline Decisions and Orders