Law Cheat Sheet (DRAFT) by dubbyfan

Enforc­ement refers to dealing with unlicensed people who infringe on the Act; i.e., restri­cting unlicensed people from practicing engine­ering (A40 lays out the "­pen­alt­ies­" for contra­vening section 12, and thus, expresses the power to enforce that section), while discipline refers dealing with licensed people who have contra­vened the Act acted, i.e., by practicing unscru­pul­ously or neglig­ently (A48). Two specific activities that are subject to enforc­ement are practicing engine­ering without holding an approp­riate license or certif­icate and leading someone to believe that you are a profes­sional engineer when you are not. The enforc­ement actions of PEO in these cases consist of charging infringing people with fines of $25,000 & $10,000 respec­tively for first offenses, and $50,000 & $25,000 for subsequent offenses, as explained in section 40 of The Act

In A2(3): "The principal object of the Associ­ation is to regulate the practice of profes­sional engine­ering and to govern its members, holders of certif­icates of author­iza­tion, holders of temporary licences, holders of provis­ional licences and holders of limited licences in accordance with this Act, the regula­tions and the by-laws in order that the public interest may be served and protec­ted."

The purpose of the seal is to certify the competence of the documents’ prepar­ation, and in partic­ular, that the one sealing them has - intimate knowledge of, and - control over, the documents themse­lves, and takes legal respon­sib­ility for their accuracy. When to use: Engineers must seal all “final drawings, specif­ica­tions, plans, reports, and other documents involving the practice of profes­sional engine­ering, when issued in final form for action by others.” See 2.8. The engineer must also sign and date the document being sealed (R53).

Profes­sional engine­ering in Ontario is "­sel­f-r­egu­lat­ing­" because rather than passing laws directly regulating engine­ering, the government here has passed laws giving engineers the ability to make and enforce engine­eri­ng-­gov­erning laws. The three features of this regulation scheme: 1) The PEO Council establ­ishes committees (made up of engineers) & directs staff who administer the Act and Regula­tions, 2) The PEO Council appoints a committee of peers (engin­eers) to carry out discip­line, and 3) The majority of the PEO Council is selected from and by engineers.

A C of A can be held by a natural person, a partne­rship, or a corpor­ation. In any case, section 47 from the Regula­tions specify the requir­ements for a C of A: 1. Designate Member(s) and/or holders of temporary licenses who will supervise the C of A; each must have >5 years profes­sional engine­ering experience 2. State that the person(s) in (1) is i) the applicant, or the applic­ant’s ii) employee, iii) partner, or iv) partner’s employees; and that they will devote sufficient time to perform the superv­ision. 3. The applicant has sufficient insurance A C of A is necessary to provide profes­sional engine­ering services to the public. As stated in A12(2): “No person shall offer to the public or engage in the business of providing to the public services that are within the practice of profes­sional engine­ering except under and in accordance with a certif­icate of author­iza­tion. R.S.O. 1990, c. P.28, s. 12 (2).” Contra­vening section 12 of the Act by operating without a C of A when one is required is subject to a $25,000 (first offense) or $50,000 (subse­quent offense) fine, according to section 40 of the Act.

A certif­icate of author­ization must list Members OR Temporary Licence holders who will oversee/be respon­sible for the engine­ering conducted under it (R47(1)). Limita­tions (for either licence holder): 1. Require insurance or exemption in accordance with R74(1) 2. Lasts one year (R49(1)), or until all licences of named members on the certif­icate applic­ation expire (R49(2)). The difference is that temporary licences expire after a maximum of 12 months, but the specific time will be specified in the applic­ation

Class of “Engin­eering Intern”, R32.1 Requir­ements: 1. Enrolled in the Associ­ation’s Engine­ering Intern Program; 2. Has Applied for a licence in accordance with the Act and this Regulation and the applic­ation has not been fully dealt with (e.g., has the educat­ional and the experience requir­ements complete but not the PPE). 3. Meets the academic requir­ements for licence (or is currently completing courses or exams to meet them) Class of “Engineer Student”, R32.2 Requir­ements: 1. Enrolment in the Associ­ation’s student’s program; and 2. Enrolment in an engine­ering program offered by a Canadian university and accredited by council (or in the process of being accred­ited)

If his license is not a limited license which limits his services from this scope, then yes: licensing is not discipline specific. That said, it is profes­sional misconduct by section 72(2)(h) of the Regula­tions to "­[un­der­take] work the practi­tioner is not competent to perform by virtue of the practi­tio­ner’s training and experi­enc­e." Therefore, the practi­tioner must ensure that he is competent to perform the work, lest it be miscon­duct.

Absolu­tely. In Ontario, PEO publishes a Guideline to Profes­sional Practice, in which it establ­ishes that “adver­tising may be considered inappr­opriate if it: 1. claims a greater degree or extent of respon­sib­ility for a specified project or projects than is the fact; 2. fails to give approp­riate indica­tions of cooper­ation by associated firms or indivi­duals involved in specified projects; 3. implies, by word or picture, engine­ering respon­sib­ility for propri­etary product or equipment design, 4. denigrates or belittles another profes­sio­nal’s projects, firms, or indivi­duals, 5. exagge­rates claims as to the perfor­mance of the project, or 6. illust­rates portions of the project for which the advertiser has no respon­sib­ility, without approp­riate discla­imer, thus implying greater respon­sib­ility than is factua­l." (see section 9.2, or R75)

As explained on pages 325-326 of the Ethics text, when a complaint is filed about a P.Eng, the Complaints Committee evaluates the complaint (after the associ­ation staff gathers inform­ation) and then the Discipline Committee conducts a formal hearing that renders a judgment.

This action is a breach of the Code of Ethics only(R­77(­2)(­iv)), and so does not have explicit discip­linary conseq­uences.

Design­ation as a consulting engineer would allow you to use the title "­con­sulting engine­er" (pg 84), which carries with it prestige, and the ability to benefit from being part of a consulting engineers society. Most private practi­tioners prefer to use this title.

Temporary License Requir­ements: (From section 43 of the Regula­tions) Payment of a fee and: 1.Resi­dence & membership in another provin­ce/­ter­ritory in Canada with at least as strict engine­ering membership requir­ements. 2.Qual­ifi­cations >= the minimum qualif­ica­tions in ON. 3.Wide recogn­ition in the field of engine­ering to be worked on, and >= 10 years experience in that field.

Temporary License Requir­ements: (From section 43 of the Regula­tions) Payment of a fee and: 1.Resi­dence & membership in another provin­ce/­ter­ritory in Canada with at least as strict engine­ering membership requir­ements. 2.Qual­ifi­cations >= the minimum qualif­ica­tions in ON. 3.Wide recogn­ition in the field of engine­ering to be worked on, and >= 10 years experience in that field.

The Registrar shall issue a licence to a natural person who applies in accordance with the regula­tions as follows: 1. Academic - a Canadian accredited engine­ering degree or other qualif­ica­tions found or determined to be equivalent 2. Experience - 48 months (4 years) direct engine­ering experience that provides sufficient experience to meet generally accepted standards of practical skill. Up to 12 months may be acquired before graduation - but after half way through program. At least 12 months acquired in a Canadian jurisd­iction under superv­ision of a P. Eng. 3. Profes­sional Practice Examin­ation (PPE) - passing a three hour closed book examin­ation in Ethics, essentials of the Profes­sional Engineers Act, and Law. 4. Be at least eighteen years of age 5. Be of good character as determined from references 6. Comply with any other requir­ements specified in the regula­tions for the issuance of the licence 7. Canadian citize­nship or permanent residency NO LONGER REQUIRED. Note this requir­ement was repealed in 2010.

Profes­sional engine­ering in Ontario is "­sel­f-r­egu­lat­ing­" because rather than passing laws directly regulating engine­ering, the government here has passed laws giving engineers the ability to make and enforce engine­eri­ng-­gov­erning laws. The three features of this regulation scheme: 1) The PEO Council establ­ishes committess (made up of engineers) & directs staff who adminster the Act and Regula­tions, 2) The PEO Council appoints a committee of peers (engin­eers) to carry out discip­line, and 3) The majority of the PEO Council is selected from and by engineers.

Moonli­ghting, not strictly unethical so long as (s77(5)): i. Employee [doesn't] compete with employer for contracts, ii. Moonli­ghting time & effort [doesn't] reduce employee's workday effici­ency, and iii. Employer [is] informed of the moonli­ghting. Not informing the employer is illegal as it is also req by s72(2)­(i)(4). You ar obligated not to disclose the tech, certainly not without consent of main employer s77(3). You could request ability to disclose it from main employer or an alt, such as selling the tech to part-time firm. Section 72(2)(g) specifies if only a breach of Code of Ethics then not miscon­duct. However, the action being a clear breach of Code of Ethics means likely grounds for profes­sional misconduct charges on basis of s72(2)(j).