The Association of Professional Engineers and Geoscientists of New Brunswick (“APEGNB”) oversees a comprehensive complaints and discipline process to determine if its Registrants have committed acts of professional misconduct or incompetence (the “Disciplinary Process”).
The following documents are relevant to the Disciplinary Process and are available on our website:
1. Engineering and Geoscience Professions Act;
2. By-Laws including Code of Ethics;
This summary is an overview and is not a substitute for the information in the above-noted documents and is not intended to be legal advice.
The Complaints process begins when a written allegation is made against a member, licencee, or holder of a Certificate of Authorization, also known as the Respondent. The person making the allegation is the Complainant.
Complaints Committee
The Complaints Committee, which will investigate and consider this matter, is comprised at a minimum, of three individuals including one public representative. Before beginning their work, the Panelists will certify confidentiality and that there is no conflict of interest.
The Complainant and Respondent are informed as to the Committee’s potential composition and may make written representations regarding potential conflicts of interest.
The Complaints Committee shall investigate and consider all Complaints referred to it, and may:
- dismiss the Complaint;
- refer the whole or part of the Complaint to the Discipline Committee; or
- take such other action, consistent with its responsibilities under this Act and the By-Laws, as it considers necessary in the public interest, in which it shall give its reasons in writing to the Complainant and the Respondent.
Respondent’s Reply
On receiving the Complaint by APEGNB, the matter is forwarded to the Respondent and that individual is provided two weeks to make a written Reply and provide relevant documents and information.
Only Written Communication
The Complaints Committee will determine if and when it would seek any “in-person” meetings and neither the Complainant nor Respondent should expect an “in-person” meeting.
Investigator
When appropriate, the Complaints Committee may request the services of an Investigator to prepare a report regarding a Complaint. If the Committee appoints an Investigator, the Complainant and Respondent will be informed and provided with information regarding that process.
Resolutions
Complaints may often be resolved without formality. If there is any interest in discussing informal resolutions, both the Complainant and the Respondent are encouraged to contact the Registrar.
The Complaints Committee may suggest voluntary alternative dispute resolution depending on the nature of the matter.
Outcome
When a Complaints Committee concludes its investigation, the Decision along with its reasons, is provided to the Complainant and the Respondent.
A Complainant who is not satisfied with the disposition of a complaint by the Complaints Committee may apply to the Council for a review of the treatment of the complaint as contemplated in Subsection 12(13) of the Act.
If a complaint is referred to the Discipline Committee under Subsection 12(11), the parties are APEGNB and the Respondent. The proceedings are conducted in the manner of a court hearing and the Association and the Respondent may be represented by legal professionals.
Either party may appeal the decision of the Discipline Committee to the Court of Queen’s Bench.