Mr. Edward J. Sain - April 26, 2013

Mr. Edward J. Sain - April 26, 2013

Disciplinary Summary


April 26, 2013

Complaint

A complaint was filed by the Association against member Mr. Edward J. Sain alleging that he failed to comply with an Ethics Commitee order and failed to meet the Continuing Professional Development (“CPD”) requirements.

Decision

The Discipline Committee found that Mr. Edward Sain was in breach of Rules R302 – Professional Development, R601 – Compliance and R604(c) – Admittance to Membership of CGA-BC’s Code of Ethical Principles and Rules of Conduct in effect from September 24, 2011, as follows:

  • upon admittance to membership in CGA-BC, Mr. Sain agreed to comply at all times with the principles, obligations and responsibilities in the Oath of Obligation; 
  • Mr. Sain has not adhered to the professional development standards set out by CGA-BC commencing in 2007:
    • he was required to complete 120 hours in each three-year cycle.  Of this total, Mr. Sain was to complete 60 verifiable hours and 60 non-verifiable hours.  Mr. Sain was also required to complete a 4 hour ethics course as part of the 60 verifiable hours.  All CPD was to be reported to CGA-BC on an annual basis by the deadline set out by CGA-BC.  Mr. Sain was required to file a NIL report if he had no activities to report; 
    • he has not completed the required verifiable/non-verifiable hours set out by CGA-BC in the three-year cycles:  2007-2009, 2008-2010, 2009-2011; 
    • he has not completed the ethics course requirement in the 2008-2010 three-year cycle or in the 2009-2011 three-year cycle; and 
    • he did not file a CPD report with CGA-BC in 2009, 2010, or 2011. 
  • he was required by two orders, dated June 24, 2008 and November 5, 2009, to pay a fine, and to complete a specified number of verifiable hours for the years 2009 and 2010.  Mr. Sain failed to complete the required number of hours or pay the fine; 
    • he has not complied with the Bylaws and the Code of CGA-BC; and 
    • he has not upheld the standards of his profession. 

The Discipline Committee found that Mr. Edward Sain was in breach of Rules R610 – Requirement to Reply in Writing and R611 – Assistance to the Board of CGA-BC’s Code of Ethical Principles and Rules of Conduct in effect from September 24, 2011, as follows:

  • On April 13, 2012, CGA-BC sent a letter to Mr. Sain, advising him that Association records indicated he had not met any of the CPD requirements for the 2009-2011 CPD reporting period, and requested a reply by April 30, 2012.  No response was received from the member; 
  • The Notice of Investigation for Non-Compliance was deemed delivered to Mr. Sain on August 3, 2012.  No response was received from the Respondent; 
  • On August 27, 2012, the Association sent a follow-up email to Mr. Sain to his home and work addresses.  Confirmation of delivery to both email addresses was received.  Mr. Sain has not responded to the email; and 
  • The Association attempted seven (7) follow-up calls between September 13, 2012 to September 26, 2012, to Mr. Sain’s home and work numbers.  A voice message was left at each call, requesting the Respondent to call the Association.  Mr. Sain has not returned any of the seven (7) voice messages left. 

Discipline Order

  • Suspended until he is compliant with the two outstanding orders, to the maximum of two years; 
  • Fined $5,000; 
  • assessed full costs of $1,020; and 
  • required to improve his conduct by becoming compliant with all CPD requirements 

Consequential Order

As the Discipline Committee order was not complied with, the consequential order became effective May 23, 2013:

  • expelled from membership