Monier Mahmoud Rahall of Edmonton has been fined $500 for unlawful use of the "P.Eng." designation on documents, thereby misrepresenting himself as a professional engineer, following legal action initiated by APEGGA.
Mr. Rahall was convicted June 2 of violating Section 3(a)(i) of the Engineering, Geological and Geophysical Professions (EGGP) Act. Mr. Rahall, the author of Banksters and Prairie Boys, used the professional designation on correspondence to individuals and organizations involved in his bankruptcy proceedings in 1995 and 1996.
The "P.Eng." designation identifies professional engineers to individuals and organizations who retain or employ these professionals to design projects or provide advice. Only those licensed by APEGGA are entitled to use the designation. This prevents unlicensed individuals from exercising authority over projects, which could place the public's safety at risk.
APEGGA's Enforcement Review Committee investigated the case and verified the Association did not license Mr. Rahall. The case was then turned over to Alberta's Chief Crown Prosecutor for action. A subsequent investigation by the RCMP led to three counts under the EGGP Act.
Mr. Rahall was acquitted on the second count and the third count was dismissed. He did not appear in court.
In his decision, Judge David Tilley indicated that while Mr. Rahall did not purport to offer engineering services, his use of the professional designation to raise his stature or credibility within the community was indeed misrepresentation.
The Act authorizes APEGGA to take action against individuals and firms who misrepresent themselves as professional engineers or geoscientists, or illegally provide these services to the public.
Toronto Man Guilty Under Ontario Act
TORONTO –A Toronto man, Mohammed A. Hafeez, was fined $25,000 on June 16, placed on probation for one year and ordered to pay restitution of $8,000 to his former client, after being found guilty of misrepresenting himself as a professional engineer. Mr. Hafeez is not, and has never been, a licensed professional engineer in Ontario.
His Worship Robert Lewin convicted Mr. Hafeez after the owner of a residence in Toronto told the court that Mr. Hafeez referred to himself several times as "an engineer" while working on a renovation to the man’s property. In addition, Mr. Hafeez handed the owner a business card which described him as a "structural engineer" and his company, Delta Engineering Construction, as "civil engineers".
Dana Peebles of McCarthy Tetrault representing Professional Engineers Ontario (PEO) also informed the court that Mr. Hafeez has previously been convicted of the same offence on three previous occasions in, April 1993, January 1996 and March 1996, resulting in fines totaling $60,000.
After hearing submissions with respect to sentencing, the judge imposed the sentence and specified that terms of the probation order include that Mr. Hafeez be ordered to refrain from using the business name Delta Engineering and the personal designations of "civil engineer" or "structural engineer".
Under Ontario's Professional Engineers Act, a public protection statute, only licensed professional engineers can take responsibility for engineering work that affects public safety. Licensing ensures that only those with the necessary qualifications approve such work.