Stipulated Order - Dr. Anthony A. Salway, P.Geo., Nelson, B.C.

A Discipline Committee of the Association, under authority of the Engineers and Geoscientists Act (the “Act”) offered a Stipulated Order to Dr. Anthony Salway in lieu of proceeding to an inquiry, following the investigation of a complaint concerning reports he had prepared for the Kootenay Lake District office of the Ministry of Forests in 2002. Dr. Salway accepted the Stipulated Order on November 14, 2005. The penalty accepted by Dr. Salway included that his work be peer reviewed for a period of 12 months from the date of the Stipulated Order and that he undergo a general and technical practice review.

Dr. Salway obtained an acceptable peer reviewer in January 2006. In April 2006, this peer reviewer declined to continue and Dr. Salway presented several alternate names of potential peer reviewers to the Association. None were acceptable to the Registrar with respect to experience in relation to work scope. The Association gave Dr. Salway until the middle of June 2006 to obtain a suitable peer reviewer. Dr. Salway failed to obtain a suitable peer reviewer within the given time and the Association referred the matter to the Reviewing Member of the Discipline Committee pursuant to page 5, paragraph (b)(2) and (4) of the Stipulated Order.

On July 31, 2006, the Reviewing Member determined that Dr. Salway was in contravention of the Stipulated Order and proposed that he be given until the end of August 2006 to obtain an acceptable peer reviewer, failing which he would be suspended until such time as he did.

Dr. Salway was notified on March 9, 2006 of the appointment of his general reviewer for the Practice Review. A mutually agreed upon date was set for the general reviewer and Dr. Salway to meet for the review. Just prior to the review, Dr. Salway cancelled the review. The Association referred the matter to the Reviewing Member pursuant to section 34 of the Act , alleging that Dr. Salway had not complied with the peer review and practice review requirement of the Stipulated Order.

On August 28, 2006 the Reviewing Member determined that Dr. Salway should be suspended until he obtains an acceptable peer reviewer and has had the Practice Review completed; pay all costs associated with the cancellation of the general reviewer's visit; and pay the Association a fine in the amount of $3000.00.

On September 4, 2006, the Reviewing Member received detailed submissions and supporting documentation from Dr. Salway's counsel. On September 8 and 14, 2006 the registrar approved two peer reviewers with acceptable experience to undertake peer reviews as contemplated in the Stipulated Order.

In a Supplemental Determination dated October 20, 2006, the Reviewing Member directed that Dr. Salway's continued membership within the Association be subject to the following conditions:

  • Dr. Salway's professional services shall be peer reviewed by professional geoscientists or engineers approved in writing and in advance by the Registrar of the Association for a period of 12 months, commencing November 1, 2006;
  • The peer reviews are to be conducted in accordance with the Association's Discipline Committee Ordered Peer Review Policy of December 2005;
  • The cost of these peer reviews shall be borne by Dr. Salway;
  • The period for completion of the practice reviews is extended to March 31, 2007; and
  • Dr. Salway is to pay to the Association $1,882.02, being the costs of the general reviewer's cancelled practice review visit, on or before November 17, 2006, failing which he shall be suspended from the Association until such time as the Association receives these monies.

A copy of the Stipulated Order and the Supplemental Determination can be found on the Association's website at http://www.apeg.bc.ca/enforcement/other-disciplinelist.html .