October 2008 issue
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Apegga Discipline Committee
Recommended Order
Background
APEGGA’s Investigative Committee concluded an investigation into the conduct of George Ingram (the “Member”) in relation to the supply of engineering services on various building projects within Alberta. Mr. Ingram has freely and voluntarily admitted to unprofessional conduct and has agreed with certain facts and findings. Under those circumstances, the Engineering, Geological and Geophysical Professions Act permits the Investigative Committee to recommend an order that the committee considers appropriate instead of referring the matter for a formal hearing.
A recommended order must be provided to a member of the Discipline Committee who has been designated to act as a case manager to review the order. If the case manager or the investigated person rejects the order, the matter must be referred to the Discipline Committee for a formal hearing.
Agreed Statement of Facts
The Investigative Committee provided a statement of facts to which the committee and Mr. Ingram have agreed. Essentially the facts are these:
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At all material times George Ingram, P.Eng. was registered as a professional engineer by APEGGA.
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At all material times Ingram’s address of record was in Winnipeg, Manitoba.
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Mr. Ingram was listed as the responsible member for APEGGA Permit to Practice No. 5737 issued to 390083 Alberta Ltd., operating as Mulvey Engineering, until the permit was cancelled by APEGGA in March 2005.
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By signing and filing Schedules A1 and A2 of the Alberta Building Code, letters of commitment by the owner and the coordinating registered professional and by the owner and the registered professional of record respectively, Ingram was listed as the Coordinating Registered Professional and the Registered Professional of Record pursuant to the requirements of the Alberta Building Code for the following projects:
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Aron Services (2003) Ltd. for a commercial building in Grande Prairie, Alberta in May 2005.
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Champion Hay Processors for a commercial building near Didsbury, Alberta in October 2005.
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Central Lesser Slave Lake Agricultural Society for a recreational arena in Kinuso, Alberta in October 2005.
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For the above projects, in each case the project was undertaken by Terry Mulvey of Mulvey Design Services of Lloydminster, Alberta.
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Mr. Mulvey’s registration with APEGGA was suspended by APEGGA’s Discipline Committee for an eight month period from February 1, 2005 to September 30, 2005.
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Mulvey’s registration with APEGGA was cancelled by APEGGA’s Registrar at Mulvey’s request effective 1 October 2005.
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In a decision by the APEGGA Appeal Board, Mulvey’s registration was ordered to be cancelled pursuant to Part 5 of the Engineering, Geological and Geophysical Professions Act effective September 21, 2006.
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Ingram was advised of the restrictions on a professional engineer in assoc-iating in the practice of engineering with a person whose registration has been cancelled or suspended under Section 97(2) of the Engineering, Geological and Geophysical Professions Act.
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A complaint from a member of the public about the conduct of Mr. Ingram in association with Terry Mulvey was lodged with APEGGA on July 21, 2006.
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APEGGA’s Director of Compliance lodged a further complaint about the conduct of Ingram in association with Terry Mulvey on September 5, 2006.
Conduct (Findings)
Mr. Ingram has freely and voluntarily admitted that his conduct in this matter constitutes unprofessional conduct as follows:
His failure to carry out his professional obligations and responsibilities under Section 2.6, Professional Design and Review, of the Alberta Building Code 1997 as Coordinating Registered Professional and as a Registered Professional of Record constitutes a violation of Section 44(1) of the Engineering, Geological and Geophysical Professions Act, and the APEGGA Code of Ethics, Rules of Conduct 1, 3, 4, and 5
His association in the practice of engineering with Terry Mulvey constitutes a violation of Section 44(1), 44(2) and 97(2) of the Engineering, Geological and Geophysical Professions Act and the APEGGA Code of Ethics, Rules of Conduct 3, 4, and 5.
By providing an electronic version of his professional engineer’s stamp to Mulvey Design Services, Mr. Ingram failed to maintain control and custody of his professional stamp, thereby violating Section 54(1) of the General Regulation under the Engineering, Geological and Geophysical Professions Act.
Orders
The Investigative Committee has recommended the following orders:
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Mr. Ingram shall be issued a letter of reprimand.
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Mr. Ingram shall pass the APEGGA Professional Practice Examination within six months of the date of this Order.
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Mr. Ingram shall pay a fine of $2,000.00 to APEGGA within six months of the date of this Order.
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This Order shall be published, with names, in The PEGG.
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Mr. Ingram’s registration shall be suspended in the event that orders 2 and 3 are not completed, until such time as they are completed.
As the case manager designated by the Discipline Committee to review the matter, I agree with the recommended orders.
During my discussion of the orders with Mr. Ingram, he confirmed that he agrees with the recommended orders.
Therefore, in accordance with Section 52 of the Engineering, Geological and Geophysical Professions Act, this order has the same force and effect as if it had been made by the Discipline Committee following a formal hearing.
Dated this 3rd day of September, 2008
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