Engineers and Geoscientists Act, 2008, Section 30(3)
In the matter of a Complaint against Yi Ping (Peter) Liu, Association of Professional Engineers and Geoscientists of Newfoundland and Labrador Registrant #07423 (the Respondent) of Ontario.
The Adjudication Tribunal accepted an Agreed Statement of Facts in which the Respondent admitted he had engaged in conduct deserving of sanction under the Engineers and Geoscientists Act, 2008 (the “Act” ) sections 20(c)(i) professional misconduct; 20(c)(ii) professional incompetence and/or 20(c)(iii) conduct unbecoming a professional member or permit holder and conduct contrary to section 8(2) of the Engineering and Geoscience Regulations, 2011 as well as sections 1.2(b), 2.1(d) and 2.3 of the Code of Ethics Bylaw approved under section 9 of the Act. The Adjudication Tribunal determined that the Respondent engaged in conduct deserving of sanction, which conduct included applying his seal or allowing his seal to be applied to the structural calculations and design documents of the Draft Tube Elbow Wood Formworks for the Lower Churchill Project at Muskrat Falls, Labrador; a design which contained material errors in design criteria and design calculations and ultimately contributed to failure of the structure.
The Adjudication Tribunal heard the Parties’ submissions on Sanction and pursuant to Section 29(3) of the Act in a Decision dated March 12, 2019, ordered:
1. A reprimand be placed on the Respondent’s file for a period of two (2) years;
2. The Respondent shall be unable to practice engineering or be relicensed to practice engineering in Newfoundland and Labrador until such time as:
a. The Respondent completes an education course as approved by PEGNL in respect to the practice standards for use of Engineer’s professional stamp and responsibilities at his own expense and provides evidence of satisfactory completion to PEGNL;
b. The Respondent signs an undertaking not to practice structural engineering without direct supervision of a structural engineer who is a member in responsible charge for a PEGNL permit to practice, which supervision terms and conditions must be approved by PEGNL; and
c. The Respondent passes a maximum of three (3) Engineers Canada Confirmatory Examinations in Engineering (exact courses and number to be determined by PEGNL), in consideration of his area of practice;
3. The Respondent pay part of the costs of the Hearing in the amount of Five Thousand Dollars ($5,000.00) and shall have twelve (12) months from the date of the Hearing to pay in full;
4. The Respondent shall return his PEGNL stamp to the Registrar within 30 days of the date of this decision; and
5. The decision of the Tribunal shall be published in accordance with the Act as well as online on PEGNL’s website and PEGNL shall inform all other engineering regulatory bodies in Canada of this decision.
The conduct deserving of sanction occurred during the period 2014 to 2016. The Complainant was Geoff Emberley, P. Eng., PEGNL CEO and Registrar.
Janet Bradshaw, P. Eng.
Professional Standards Director
For the complete Tribunal decision please click here.