David MacGillivray

The Association of Professional Engineers of Ontario (PEO) brought disciplinary proceedings against a professional engineer and his firm regarding a soil sampling report.

The respondents admitted to professional misconduct, specifically negligence and failing to comply with applicable standards, by omitting two soil samples showing elevated arsenic levels from their final report without explanation.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty.

The respondents were reprimanded, their licence and certificate of authorization were suspended for one week, and conditions were imposed requiring the successful completion of two professional examinations.

The applicants sought a determination that their proposed importation of approximately 1,500 loads of fill to level a 2-acre portion of their farm for horse training and pasture constituted a normal farm practice under the Farming and Food Production Protection Act, thereby exempting them from the municipality's site alteration by-law.

While the Board found the proposal was a necessary but ancillary part of their agricultural operation, it dismissed the application because the applicants failed to provide demonstrable plans, such as grading plans or expert reports, for the proposed site alteration.

Consequently, the Board could not determine whether the proposed fill project was a normal farm practice.