ATAC LAW (formerly, the Administrative Tribunal Advocates of Canada) was founded on a platform of assisting clients with their matters before administrative tribunals. Our lawyers have extensive experience in dealing with a wide range of administrative tribunal work. Lawyers at ATAC LAW are also trained to sit as arbitral tribunal members in British Columbia.
The administrative tribunals we are most often hired to deal with are as follows:
- Road Safety BC
- Engineers and Geoscientists BC (EGBC) (Investigations, Discipline and Suspensions of engineers in British Columbia)
- Academic Discipline, Academic Misconduct and Academic Standing tribunals at universities and colleges throughout British Columbia
- Real Estate Boards including the Real Estate Board of Greater Vancouver
Engineers and Geoscientists BC (EGBC) Investigations, Discipline and Suspensions
When an engineer does not follow the Code of Ethics, or does not perform his work to the standards required by law, an engineer can be:
- Punished with a fine
- Restricted from doing certain kinds of engineering
- Suspended from practicing engineering
- In the worst case, have his or her license revoked.
EGBC is the regulatory body responsible for making decisions about fines, restrictions, and suspensions for engineers. EGBC maintains a Code of Conduct and certain Guidelines on the practice of engineering which are used to determine whether to apply a penalty or restriction to an engineer.
Important Links to Determine Whether you will be Investigated or Disciplined:
The Engineers and Geoscientists Act
When EGBC receives a complaint about an engineer, the first stage of the process is to investigate the complaint. EGBC takes all complaints about engineers very seriously and will investigate each complaint aggressively and thoroughly. In my experience, the best way to resolve complaints with EGBC is to be fully compliant with all of their requests. But before you give any response to EGBC, you should seek advice from a lawyer who is also an engineer.
The investigation process may involve EGBC’s investigators sending you letters asking to provide information, records or answers to specific questions. EGBC also has the power to call upon you to attend a meeting at their offices in Burnaby. You must comply with this request if you are called upon. However in each case, it is recommended that you engage counsel to protect your interests. These inquiries and investigative meetings are stressful and you may end up harming your case if you do not have advice on your rights and obligations.
After the investigation stage, EGBC will make a determination as to whether professional misconduct has taken place. You still have a chance to save your reputation and your license at this stage if you can satisfy EGBC that the breaches were minor and/or the breaches will not occur again in the future.
EGBC may proceed to sanction you by way of a Consent Order. This can avoid the expense and stress of attending a disciplinary hearing. It also provides you with certainty on the terms of the discipline. You can negotiate the terms of the Consent Order with EGBC.
In our experience, typical discipline from EGBC includes:
- Payment of Fines
- A published citation of professional misconduct
- Payment of EGBC’s costs (which are often in the tens of thousands of dollars)
- Temporary or permanent suspensions.
If negotiated successfully with EGBC, you can potentially have some of these penalties reduced or even eliminated. ATAC LAW has experience in attending disciplinary hearings on behalf of engineers and negotiating Consent Orders with EGBC.
Negligence Claims against Engineers
Engineers can be liable to their clients as well as any member of the public when their conduct is careless, reckless or negligent. When an engineer’s conduct falls below the standard of care expected of an engineer, an engineer may be:
- Involved in lengthy, costly and damaging lawsuits
- Liable to pay to repair the damage cased
- Liable to pay for a person’s injuries
- And in the worst case, imprisoned.
Negligence claims can arise in a number of circumstances, such as giving poor advice, or failing to investigate thoroughly before writing a report.
ATAC LAW’s lawyers will defend engineers in negligence claims and construction liability claims.
Often an engineer will have an insurance policy which will cover the lawyer’s fees for the negligence claim, and the engineer if he or she is found to be negligent. However, if you are an engineer involved in a negligence claim, you should hire a lawyer who is also an engineer who understands the code of professional conduct better than any person who is just a lawyer.
Mike C. Stewart, P.Eng is a professional engineer and teaches engineers how to prevent negligence as an adjunct professor at UBC.
If you are an engineer and have been sued for negligence or are in trouble with EGBC, contact us today.
ACADEMIC MISCONDUCT, ACADEMIC DISCIPLINE, NON-ACADEMIC MISCONDUCT, AND ACADEMIC STANDING APPEALS
ATAC LAW has acted for many students in front of various universities and colleges throughout BC including Simon Fraser University (SFU), The University of British Columbia (UBC) and Trinity Western University (TWU). At UBC, we have assisted students at the investigation stage, at the president’s advisory committee on student discipline (PACSD), and appeals of academic standing and appeals of academic and non-academic misconduct findings to the Senate Committee on Student Appeals on Academic Discipline.
We provide services in relation to assisting students with cases being brought against them for academic and non-academic misconduct, including those pursuant to a university’s sexual harassment policies. We guide students through the entire process to ensure that the best possible outcome in each case.
The consequences of academic misconduct and non-academic misconduct can be severe. A University or College can impose harsh penalties including:
- Forcing you to re-take an exam, midterm or assignment
- Failing you in a course and forcing you to re-take it
- Suspending you for one semester or more
- Expelling you from the school and preventing you from obtaining your degree
If you are looking to graduate, these penalties may put a black mark on your record, or even prevent you from obtaining a job.
Particularly troublesome are findings of non-academic misconduct, such as those findings made by UBC in relation to sexual harassment or sexual misconduct. These findings are noted on academic transcripts and can have devastating effects on the future prospects of students.
The Process
At most universities and colleges, the misconduct process will start with a complaint from a professor or another student. This complaint will be reviewed by an advisor at the school and they will determine whether or not to move forward with a formal accusation. A formal accusation will arrive via email or letter to you notifying you of the school’s “case” against you. For example, the University of British Columbia will send you their “Statement of Case” setting out the facts that will be used against you. This is when the process becomes very serious. You will then need to reply in writing by the deadline. At UBC, you can do so in the “Statement of Response“.
If you are at this stage, we recommend hiring a lawyer. You are not limited to writing in the boxes in the statement of response. In fact, we recommend that you prepare your entire case with supporting evidence in Appendices. This is how we respond on behalf of our clients to these accusations.
Then, a date will be set where you must appear in person, with any witnesses or other supporting evidence, before a panel of committee members who will ask invasive questions to determine whether you are guilty.
You are entitled to be represented by a lawyer at this hearing. This is where you need the most protection from illegal actions by the investigators.
If you are in the process of being investigated for academic or non-academic misconduct, contact our lawyers.
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