Investigative & Disciplinary Processes
When considering if APEGA can make it publicly known whether or not a permit holder or professional member is under investigation, two competing values are at play. Due to privacy legislation, APEGA cannot comment on any specific matters that may be the subject of an ongoing investigation.
However, in some specific instances, it is deemed to be in the public interest to publicize the fact that an investigation is in process.
When it comes to APEGA’s attention that a judicial or regulatory finding identifies a permit holder or professional member as failing to meet a required safety or building code, for example, this suggests the possibility that there may have been unprofessional practice. This could warrant formal investigation.
APEGA investigations are managed by an investigative panel that is formed from members of the Investigative Committee. The panel performs preliminary investigations into allegations, interviews both complainants and members or permit holders (the focus of the complaint), requests and reviews pertinent documentation, and prepares a report with recommendations for acceptance by the Investigative Committee.
Investigations are conducted in accordance with Part 5 (Discipline) of the Engineering and Geoscience Professions Act.
Investigative methods are employed that protect and recognize both the rights of the member or permit holder under investigation and the complainant. All information surrounding an investigation remains confidential. When the investigation results determine that a formal hearing is required, the Investigative Committee will prosecute the matter before the Discipline Committee of APEGA.