Summary of Adjudication Tribunal Decision

by Justin Haley News Announcements

Engineers and Geoscientists Act, 2008, Section 30(3)

In the matter of a Complaint against Astaldi Canada Inc, Association of Professional Engineers and Geoscientists of Newfoundland and Labrador Registrant #N0703 (the Respondent) of Happy Valley-Goose Bay, NL.

The Adjudication Tribunal accepted the Respondent' s guilty plea and determined that the Respondent engaged in conduct deserving of sanction and contrary to Section 20(c)(v) of the Act, "acting in breach of the Act, the regulations, or the code of ethics made under section 9 ". In particular, the Tribunal determined that the Respondent breached Section 9(3) of the Regulations, which provides that, "The practice of professional engineering or geoscience of a permitholder shall be restricted to the discipline or disciplines specified in the permit"; and Section 2.3 of the PEGNL Code of Ethics, Bylaw No. 3, which provides that, "A gross display or repeated displays of a lack of knowledge or skill or judgement in the practice of the profession, or in carrying out of a duty or an obligation undertaken in the practice of the profession constitute professional incompetence." The Adjudication Tribunal in accepting an Agreed Statement of Facts determined that in completing the draft tube formwork at the Muskrat Falls Project, the Respondent engaged in conduct deserving of sanction, including: engaging in structural engineering without a permit to practice structural    engineering; assigning responsibility of design review and inspection to an employee without the necessary qualifications; permitting a person not licensed as an engineer with PEGNL to complete Engineer Authorization Forms; and engineering deficiencies in quality control, design, workmanship and construction of the draft tube formwork. 

The Adjudication Tribunal heard the Parties’ submissions on Sanction and, in accordance with the powers granted in Section 28(2) of the Act and pursuant to the public protection mandate, the Adjudication Tribunal, in a Decision on March 22, 2020, ordered:

The Respondent shall pay a $25,000 fine to PEGNL within six months of the date of this decision;

The Respondent shall pay to PEGNL 50 percent of the Hearing Costs up to a maximum of $5000 within six months of the date of this decision;

The Respondent shall file with PEGNL a detailed submission as to the practice changes the Respondent has integrated as a result of the collapse of Draft Tube 2; and

If the Respondent reapplies to register to practice engineering in the Province of Newfoundland and Labrador, the Respondent will be subject to a full quality assurance audit within six (6) months of resuming practice, at the Respondents expense.

The conduct deserving of sanction occurred during the period 2014 to 2016 and the Complainant was PEGNL.

 

Bill Hunt, P. Eng., FEC

Professional Standards Director