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PEO Complaints, Discpline, and Enforcement

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.

A set of PowerPoint slides are available at Complaints_Discipline_and_Enforcement.pptx, but the reader is advised that the discussion related to the presentation is just as important as the slides themselves.

Discipline and enforcement must be given in the Professional Engineers Act as part of that statute. The relevant clause which limits the fines which may be imposed by the Discipline Committee on a Member or other licensee or holder of a Certificate of Authorization is clause 28(4)(h):

28(4)(h) Where the Discipline Committee finds a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence guilty of professional misconduct or to be incompetent it may, by order impose such fine as the Discipline Committee considers appropriate, to a maximum of $5,000, to be paid by the member of the Association or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to the Treasurer of Ontario for payment into the Consolidated Revenue Fund.

Other offences under the Act which would be tried in the Superior Court of Ontario include:

  • 38(3) Every person who contravenes subsection 38(1) Confidentiality is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
  • 40(1) Every person who contravenes section 12 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000.
  • 40(2) Every person who is not a holder of a licence or a temporary licence and who [leads to the belief that he or she may provide professional engineering services] is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.
  • 40(3) Every person who is not acting under and in accordance with a certificate of authorization and who [leads to the belief that he or she may provide professional engineering services to the public] is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.
  • 40(4) Any person who obstructs a person appointed to make an investigation under section 33 in the course of his or her duties is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
  • 40(5) Where a corporation is guilty of an offence under subsection (1), (2), (3) or (4), every director or officer of the corporation who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $50,000.
  • 40(6)Where a person who is guilty of an offence under subsection (1), (2), (3) or (4) is a member or an employee of a partnership, every member of the partnership who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $50,000.
  • 41(1) Any person who makes or causes to be made a wilful falsification in a matter relating to a register or issues a false licence, certificate, temporary licence, provisional licence, limited licence or document with respect to registration is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
  • 41(2)Every person who wilfully procures or attempts to procure the issuance of a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence under this Act by knowingly making a false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $10,000, and every person knowingly aiding and assisting such person therein is guilty of an offence and on conviction is liable to a fine of not more than $10,000.

Thus, allegations of incompetence and professional misconduct against a Member, other licensee, or holder of a Certificate of Authorization may be brought to the Complaints Committee and may then be further referred to the Discipline Committee. In other cases where PEO must enforce the Professional Engineers Act against an individual, partnership, or corporation, they are required to apply to a judge to be given an order to direct compliance with the Act:

39(1) Where it appears to the Association that any person does not comply with this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the Association may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and upon the application the judge may make the order or such other order as the judge thinks fit.

Any such action taken is said to be enforcement of the Act.

References