An inquiry request can be resolved through a settlement, the syndic may suggest mediation (conciliation) between the inquiry requester and the engineer concerned at any time before a complaint is lodged against the engineer with the Disciplinary Council. If the inquiry requester and the engineer agree to mediation, the syndic who suggested it must use reasonable methods given the circumstances to make a compromise.
Before suggesting mediation, the syndic must specifically consider the severity of the harm done. The syndic must also consider, if appropriate, whether the engineer has already been found guilty of a similar type of offence to the one alleged by the inquiry requester.
The syndic cannot suggest mediation when he or she feels that the facts supporting the inquiry request:
- jeopardize the protection of the public, or public trust in OIQ members may be compromised if a complaint is not lodged with the Disciplinary Council;
or
- reveal that the engineer had committed a derogatory act stipulated in section 59.1.*
Any settlement resulting from mediation must be:
•recorded in writing;
•approved by the syndic who performed the mediation;
•signed by the inquiry requester and the engineer.
The inquiry request is deemed withdrawn when the settlement is agreed upon and executed.
Reference: Professional Code, sections 123.6 and 123.7.
* the fact of a professional taking advantage of his professional relationship with a person to whom
he is providing services, during that relationship, to have sexual relations with that person or to make
improper gestures or remarks of a sexual nature, constitutes an act derogatory to dignity of his profession (1994, c. 40, a. 49).