Regulation of Members & Discipline Processes Flashcards
What is the term used to describe the prosecuting of persons that:
• Practice engineering or geoscience without a license, of course.
• Utilize licensed professional titles (P. Eng. or P. Geo, etc.)
• Use a profession seal or stamp
• Offer licensed services without a Certificate of Authorization or Permit to Practice
Enforcement
Who investigates complaints originating from the public or Association members regarding the conduct of a member
The Complaints Committee investigates, then consults the accused for clarity, and may take the matter to the Discipline Committee if further actions are required.
What is the term used to describe the prosecuting of persons who are guilty of:
Discipline involves prosecuting (reprimanding, suspend, expelling) licensed members who are guilty of: • Professional misconduct • Negligence • Incompetence • Corruption • Breach of the Code of Ethics • Physical/Mental Incompetence • Conviction (serious offence)
The Disciplinary Process involves three stages:
- Gather Evidence
- Investigation & Peer review
- Hearings
Penalties or sanctions, imposed by a Discipline Committee may be:
- Revoke or suspend license (or permit to practice/certificate of authorization)
- Restrict license (supervision, etc.)
- Costs (cost of investigation & hearing)
- Training (course or exam)
- Publish Results (in the case of revoking)
- Fines
How does the Association ensure the integrity of the member reporting of Continuing Professional Development hours?
Most Associations have their members report their Continuing Professional Development (CPD) hours and communicate their professional status (practicing or non-practicing) upon renewal of their licenses each year. This ensure the licensed members are keeping up with technology and are practicing as professionals by offering the opportunity to take a “non practicing” status.
Most members are not aware however, that each year your association randomly inspects the reported information of a small sample population of members.
Complaints must be posed in writing to your Association’s Registrar and will be handled in the following order:
• Registrar
o Attempt to settle by informing
o Attempt to settle with aid of a mediator
• Investigative Committee
o Reviews the agreement made with the Registrar
o Otherwise enact a Preliminary Investigation
o If warranted refer the matter to the Discipline Committee
• Discipline Committee
o Hold a formal hearing
o Impose fines, restrictions, as above
In less serious cases, this simpler form of disciplinary hearing can be conducted.
Stipulated Order - A simpler form of disciplinary hearing for less serious cases. The decision of guilt or innocence is decided by one representative and the result has no appeal process. Both parties agree to the outcome.
Any firm (companies, partnerships, corporations) offering engineering or geoscience services to the public must have this type of license
Permit to Practice – a license issued by the Association. This ensures the employer provides a suitable environment and organizational structure such that professional practice is standard.
The Permit Number (no longer a seal) must be
affixed to documents to ensure the public by ensuring the firms licensed professionals are identifiable and qualified.
UPDATE – March 2012 – the permit number is no longer required and is considered optional.
The Permit to Practice requires the following responsibilities:
- Corporate – the CEO or equivalent must maintain the organizational structure and has overall responsibility
- Responsible Member – a senior member or full time employee must be responsible for direction and supervision of professional practice
- Individual Member – the individual licensed professional
Engineers and Geoscientists within Canada can apply to be licensed with other Associations, and will be accepted if:
• Provides required documentation
• No disciplinary action – previous, current or pending
• Promises to meet language requirements
• Allows file exchanges amongst Associations
• Promises to meet CPD rules
There are also a number of international agreements for Engineers and Geoscientists to work abroad. These agreements offer reciprocal recognition of qualifications.
As recommended by Engineers Canada the Associations are to maintain Continuing Professional Development (CPD) programs with the following measures:
- CPD criteria
- Documentation – yearly reporting of CPD activities
- Compliance – an annual declaration of compliance with the CPD system
- Review – auditing a small sample population for accuracy
The CPD criteria for activities are comprised of the following:
- Professional Practice – on the job experience
- Formal Activity – formal courses and training
- Informal Activity – self-directed study or presentations, trade shows, etc.
- Participation – acting in committees or acting in a mentor program
- Presentation – presentation and preparation hours are recognized
- Contribution – writing papers, patents or texts
When do I get to stamp something, and how do you use it?
The stamp and signature signify that a licensed professional member of APEGA has accepted responsibility for the engineering or geoscience work represented in the authenticated document. A stamp is only issued to an individual who is qualified to practice engineering or geoscience in some capacity. The stamp is not a warranty or a guarantee of accuracy, however.
Very Important – the seal must be signed and dated.
AGAIN – the seal must be signed and dated.
Who owns the stamp?
The seal remains the property of the Association
and must be in the care and control of the engineer or geoscientist at all times. Also omitting the seal on final documents is an offence of the Act.
