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Overview of Professional Engineers Act

Updated for 2010 Changes to the Professional Engineers Act

These web pages have been updated to include both enacted and pending changes due to the Open for Business Act, 2010. Note that some changes will not be in force until proclaimed by the Lieutenant Governor; for example, the putting into force the end of the industrial exemption has been delayed numerous times.

Disclaimer

All information on this website is provided without any warranty to its correctness. The material on these pages reflects Douglas Wilhelm Harder's best judgment in light of the information available to him at the time of its preparation. Any use which a third party makes of these pages, on any reliance on or decision to be made based on it, are the responsibility of such third parties. Douglas W. Harder accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on these pages.

The sections of the Professional Engineers Act are listed here grouped into sections which have similar goals.

    General Sections

  1. Definitions
  2. Association The name, office, objects, and powers of association.
  3. Council of Association The Council as the governing body, appointments, officers, voting rights, quorum, vacancies, and filling those vacancies.
  4. Annual meetings Schedule of the annual meeting.
  5. Membership Membership and resignation of membership.
  6. Powers of Minister i.e., powers of the Attorney General w.r.t. PEO
  7. Regulations What PEO can regulate.
  8. By-laws By-laws.
  9. Official publication PEO must have an official publication: Engineering Dimensions
  10. Establishment of committees Lists the seven (7) permanent committees and vacancies thereon.
  11. Executive Committee


  12. Licensing and Certificates of Authorization

  13. When licenses or certificates required The conditions under which either an engineering licence or certificate of authorization required.
  14. Corporation Corporations may hold certificates of authorization.
  15. Issuance of licence The procedure for issuing or refusing licenses.
  16. Issuance of certificate of authorization The procedure for issuing or suspending a certificate of authorization.
  17. Issuance of licence or certificate of authorization on direction of Council The Council may issue both licenses and certificates.
  18. Supervision by professional engineer Certificates of authorization must be supervised by a professional engineer.
  19. Issuance of temporary, provisional or limited licence
  20. Notice of proposal to revoke or refuse to renew
  21. Fiduciary, etc., relationship between corporation and client Corporations with certificates of authorization are the same as individuals with them.
  22. Registers The registration of licenses and certificates of authorization.
  23. Cancellation for default of fees Cancellation of licensees and certificates of authorization.


  24. Complaints Committee

  25. Complaints Committee Composition, chair, and quorum.
  26. Duties of Complaints Committee
  27. Complaints Review Councillor Appointment and restrictions.
  28. Powers of Complaints Review Councillor Powers and duties of this individual.


  29. Discipline Committee

  30. Discipline Committee Composition, quorum, chair, and panels.
  31. Duties and powers of Discipline Committee Includes investigative and penalties.
  32. Stay of decision on appeal
  33. Discipline proceedings Procedures for hearings (public/private, evidence, etc.)
  34. Appeal to court


  35. Fees Mediation Committee

  36. Fees Mediation Committee Mediate, if necessary, fees between practitioners and clients.


  37. Registrar's Investigations

  38. Registrar's investigation Investigation of incompetence or misconduct.


  39. Liability Insurance

  40. Liability insurance The need for liability insurance for certificates of authorization.
  41. Insurance claims The Registrar may request information about insurance claims


  42. Discipline and Enforcement Sections

  43. Surrender of revoked licence or certificate Procedure.
  44. Application after revocation or suspension
  45. Confidentiality The administration of this act requires confidentiality.
  46. Order directing compliance Application for orders from judges of the Superior Court of Justice.
  47. Penalties Penalties for offences under the act.
  48. Offences involving falsity False claims of having a licence or certificate of authorization.
  49. Onus of proof respecting licensing The onus is on the defendant.
  50. Service of notice or document Personal or mail delivery.
  51. Registrar's certificate as evidence Statements may be certified for evidence in court.
  52. Immunity and indemnity of the PEO and its officers, etc.
  53. Repealed.


  54. Other Sections

  55. Joint Practice Board of PEO and OAA (Ontario Association of Architects)
  56. Annual report Details when and what.
  57. Application of Corporations Act Which sections of the Corporation Act apply to PEO.

Figure 1 is a graphic demonstrating how the various authorities, the Association, the Council, the committees, licensing and Certificates of Authorization all flow from the Act.


Figure 1. The Professional Engineers Act and its various sections and associations.

References