The Discipline Committee (DIC) hears and determines allegations of professional misconduct or incompetence against a PEO licence holder (professional engineer “P.Eng.”, temporary licence, provisional licence or a limited licence) or a holder of a Certificate of Authorization.
The DIC’s jurisdiction is triggered upon a decision of the Complaints Committee, Council, or Executive Committee to refer a matter to the DIC for determination. The DIC also hears applications by licence holders who apply for licences or Certificates of Authorization after a prior revocation and suspension. The parties to a discipline proceeding are set out in the Professional Engineers Act.
Pursuant to section 28(3)(b) of the Act, the DIC also fulfills roles similar to what is known as a Fitness to Practise Committee within other self-regulated professions. For further information on reporting such a situation that may involve a licensee, contact PEO’s registrar.
Notice of the Electronic Conduct of Hearings of the Discipline Committee of the Association of Professional Engineers Ontario
(Approved October 9, 2020)
- To protect the health and safety of all persons involved, given the COVID-19 pandemic, all proceedings of the Discipline Committee will be held electronically for the foreseeable future.
- All hearings before the Discipline Committee, including all scheduled hearings, will proceed remotely by videoconference on the Zoom platform.
- The Discipline Committee’s remote hearings remain open to the public. A court reporter will record the evidence taken at the remote hearing.
- The parties and witnesses should observe etiquette and best practices appropriate to remote hearings, including that there shall be no communication with witnesses who are testifying by use of the chat function or any other means.
- No person may take or attempt to take a photograph, motion picture, audio recording or other record capable of producing visual or aural representations of the remote hearing by electronic means or otherwise.
- All documents in relation to Discipline Committee proceedings are to be delivered and filed electronically only. The parties will be advised as to the procedure.
- The Association's website posts hearing schedules and links for public access to the hearings
- Panels of the Discipline Committee may provide additional or alternative directions.
2020 Hearing Schedule
|Name of Parties||Date/Time of Hearing|
|PEO v. Behnam Torkan, P.Eng||October 19, 2020 – 9:30 a.m.|
|PEO v. James R. Malo, P.Eng. and Form Architecture Engineering||November 4, 5, 6, 2020 – 9:30 a.m.|
|PEO v. Zhi Qiang Cao, P.Eng. & DBI Group Ltd.||November 11 (start at 1:00 p.m. on the Remembrance day), November 12 and 13, 2020 - 9:30 a.m.|
|PEO v. Domineco Cugliari, P.Eng. & Construction Control Inc.||November 16, 17, 18, 19 and 20, 2020 – 9:30 a.m.|
|PEO v. Vajahat H. Banday, P.Eng.||Rescheduled to December 2 and 3, 2020 at 9:30 a.m|
Livestream link for PEO v. Torkan: https://youtu.be/Apb5XOQvmfY
Note: Due to the pandemic, the PEO offices and hearing rooms are closed to the public and to the parties. The matter has been scheduled by the Chair as a virtual hearing and modalities enabled via Arbitration Place Virtual. The link provided above is a livestream to the hearing and is only publicly viewable during the scheduled time for the hearing.
This schedule of DIC proceedings is provided for public information and is subject to change.
Arbitration Place Virtual (“APV”) has been retained by the tribunal as an all-encompassing service for the facilitation of its virtual hearings proceedings. APV is retained to provide experienced Virtual Case Managers that oversee all technical logistics and technological preparation for the proceeding – both prior to and throughout the matter – so that counsel, the parties, and adjudicators can focus on the substantive issues. APV’s virtual hearing management services include support for document management and display during hearings; facilitation of virtual caucus break-out rooms; coordination with court reporting; hardware upgrades; technical testing and preparatory work. APV is under the direction of the tribunal only.
Stakeholder Comments Requested
As part of its commitment to deliver fair and impartial adjudicative services, the Discipline Committee invites stakeholder comments. If you have suggestions for access improvements, document interactivity, guidelines, forms, or general ease of use of the webpage, please email your comments, in confidence, to: email@example.com.
Discipline Committee Practice Directions
1. Timelines on Release of Discipline Committee Decisions:
At its June 27, 2016 meeting, the Discipline Committee created the following timelines to serve as guidance in order to communicate with stakeholders as to when they can expect to receive a decision on a particular issue in a matter (decisions on the merits of a matter; submissions on sanctions; submissions on publication; or submissions on costs, as the particular matter evolves before the hearing panel.) Going forth, the Discipline Committee is committed to strive for 90 days from release of a merits decision, 60 days for penalty/costs decisions, and 60 days for sanctions and publication decisions after receiving final submissions from the parties. The Discipline Panels will attempt to abide by the timelines, but depending on the complexity of a particular matter, panels may deliver decisions on such issues at its sole discretion.
2. Recorded proceedings and Transcripts:
Motion or hearing proceedings before the Tribunal are recorded by an independent court reporter. If a party wishes a partial or complete transcript, these can be ordered directly from the court reporter in attendance at the proceeding. The name of the attending court reporter is provided to the parties at the beginning of the proceeding. Costs of transcribing the recordings are the party’s responsibility.
Discipline Committee Membership: please go to the following link for the Membership Rosters (Committees and Task Force Roster):https://www.peo.on.ca/about-peo/committees-and-task-forces/annual-reports-committees-task-force
(Note: see page 10 for DIC roster)
Excerpts from legislation applicable to pre-hearings and hearings of the Discipline Committee:
5.3(4) A member who presides at a pre-hearing conference at which the parties attempt to settle issues shall not preside at the hearing of the proceeding unless the parties consent.
Link to the Statutory Powers Procedure Act (SPPA):https://www.ontario.ca/laws/statute/90s22
27 (1) The Discipline Committee is continued and shall be composed of the following persons appointed by the Council:
1. At least one elected member of the Council.
2. At least one member of the Association who is,
i. a member of the Council appointed by the Lieutenant Governor in Council, or
ii. not a member of the Council, and approved by the Attorney General.
3. At least one person who is,
i. a member of the Council appointed by the Lieutenant Governor in Council under clause 3 (2) (c), or
ii. neither a member of the Council nor a member of the Association, and approved by the Attorney General.
4. At least three members of the Association each of whom has at least 10 years experience in the practice of professional engineering.
(2) One of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1) constitute a quorum of the Discipline Committee.
(3) The Discipline Committee shall name one of its members as chair, and another as vice-chair, of the Discipline Committee.
Link to Professional Engineers Act:https://www.ontario.ca/laws/statute/90p28?search=Professional+Engineers