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2010 Changes to the 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.

PEO has made available a list of changes to the Professional Engineers Act due to the recent passage of the Open for Business Act, 2010. The following are the changes together with comments (in italics) on those changes. These comments are meant to bring attention to the changes and, perhaps, give some justification for them. The comments must not be taken as legal analysis or advice. In one case, the change was nothing more than the capitalization of one word; however, as most people who have read Stumbling on Happiness would realize, noting such a change is almost impossible unless you were explicitly aware that it was a case-change and not a word-change that was being looked for.

A few oddities: instead of using the word "Idem" to indicate that the focus of the current section is the same as the previous section, they have now gone to using the word "Same" (except in 40.(6)). The format under which actions which may be deemed to cause an offense appears to have changed.

Definitions
1. In this Act, "practice of professional engineering" means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act.

The changes are clearer when shown in juxtaposition:

New definition:

Old definition:

The word planning is included in the list of actions, the phrase regarding the application of engineering principles is moved to the forefront as opposed to being an afterthought, and economic interests and the environment are added to the list of concerns. In addition, the last phrase or the managing of any such act refers to the managing of any of the acts from planning to supervising. I suspect that this last reference may be more significant and more controversial than any other change.

In addition, the loophole for natural scientists has been removed.

I'd like to congratulate the person or committee who made this change. This was exceptionally well thought out.

2.(2) REPEALED.

The head office of the Association need no longer be in the City of Toronto.

Same
3.(3) No person shall be elected or appointed to the Council unless he or she,
  (a) is a citizen of Canada or has the status of a permanent resident of Canada; and
  (b) is resident in Ontario.

An elected or appointed member of the Council may now be a permanent resident of Canada.

Deemed reappointment
3.(5.1) On the expiry of a term referred to in subsection (5), the person whose term expired is deemed to have been reappointed until his or her successor takes office.

The members of the Council appointed by the Lieutenant Governor are normally appointed for one, two or three year terms; however, this clarifies their status at the end of that period if a successor has not yet either been appointed or is waiting to take office.

Regulations
7.(1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
3. prescribing the conditions disqualifying members of the Council from sitting on the Council and governing the filling of vacancies on the Council;

7.(1) 9. respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, certificates of authorization, temporary licences, provisional licences and limited licences, including but not limited to regulations respecting,
  v. the academic, experience and other requirements for the issuance of a licence or any class of licence,
    v.1 the circumstances in which the Registrar shall refer an application for a licence to a committee for the purposes of clause 14(4)(b),
    v.2 the establishment of an engineering technologist class of limited licence, including prescribing requirements and qualifications for the issuance of an engineering technologist class of limited licence and terms and conditions that shall apply to the engineering technologist class of limited licence, and

7.(1) 9. vi. other classes of certificates of authorization, temporary licences, provisional licences and limited licences, including prescribing requirements and qualifications for the issuance of specified classes of certificates of authorization, temporary licences, provisional licences and limited licences, and terms and conditions that shall apply to specified classes of certificates of authorization, temporary licences, provisional licences and limited licences;

7.(1) 17. respecting and governing standards of practice and performance standards for the profession;

The word "prescribing" was replaced with "respecting". I suspect that there is a legal implication in the use of the word "respecting".

7.(1) 33. REPEALED.

The mandate to provide payment of starting-up funds to the Ontario Society of Professional Engineers has ended.

By-laws effective
8.(2) Subject to subsection (3), a by-law made by the Council is effective when it is passed.

Confirmation
8.(3) A by-law passed by the Council is not effective until it is confirmed, in the manner specified by the Council, by a majority of the members of the Association, if the by-law so specifies.

Previously, the passage of by-laws required a confirmation vote conducted by mail. I'm not sure what the last subordinate phrase is meant to imply.

Issuance of licence
14.(1) The Registrar shall issue a licence to a natural person who applies therefor in accordance with the regulations and,
(a) REPEALED.
14.(1) (c) has complied with the academic requirements specified in the regulations for the issuance of the licence, including passing such examinations as the Council sets or approves in accordance with the regulations, or is exempted by the Council from complying with the requirements;
14.(1) (d) has complied with the experience requirements specified in the regulations for the issuance of the licence;
(d.1) has complied with any other requirements specified in the regulations for the issuance of the licence; and

The repealing of part (a) removes the requirement of Canadian citizenship or permanent residency.

Part (c) has been moved from the past tense (passed, has set, approved) to the present (passing, sets, approves). There is clarification from "or is exempted therefrom by the Council" to "or is exempted by the Council from complying with the requirements".

The trailing "and" was removed from Part (d) to allow the inclusion of Part (d.1).

Referral to committee
14.(3) The Registrar may refer the application of the applicant for the issuance of a licence,

Previously, this was the more convoluted "The Registrar, on his or her own initiative, may refer and on the request of an applicant shall refer the application of the applicant for the issuance of a licence". The second half has been moved to 14.(4).

Same
14.(4) The Registrar shall refer an application to a committee under subsection (3) for a determination referred to in that subsection,
  (a) if the applicant requests the referral; or
  (b) in the circumstances specified by the regulations.

14.(4)(a) was previously wrapped up in 14.(3); however, with the inclusion of a second clause, I guess it was felt that it would be more appropriate to break all such conditions to a separate subsection.

Issuance of temporary, provisional or limited licence
18.(1) The Registrar shall issue a temporary licence, a provisional licence or a limited licence to a natural person who applies therefor in accordance with the regulations and who meets the requirements and qualifications for the issuance of the temporary licence, the provisional licence or the limited licence set out in the regulations.

The trailing condition "provided that, in the case of a limited or provisional licence, the applicant is a Canadian citizen or has the status of a permanent resident of Canada." was removed.

Membership
18.(5) A holder of a temporary licence, a provisional licence or a limited licence is not a member of the Association.

When the added the class of provisional licence in 2001, they forgot to change 18. (5) to state that holders of provisional licences are not members of the Association. It would be interesting to know if anyone with a provisional licence attempted to argue that they were members of the Association or if this is simply a matter of finally crossing the Ts and dotting the Is. (I brought this to the attention of PEO in March, 2010; though I doubt I was the first to notice.)

Hearing
19.(5) Within 30 days after receiving a notice under subsection (3) requiring a hearing, the Registration Committee shall schedule the hearing.

The wording was cleaned up and a time limit was placed on the scheduling of the hearing.

Continuation on expiry of committee membership
19.(6) Where a proceeding is commenced before the Registration Committee and the term of office on the Council or on the Committee of a member sitting for the hearing expires or is terminated other than for cause before the proceeding is disposed of but after evidence is heard, the member shall be deemed to remain a member of the Registration Committee for the purpose of completing the disposition of the proceeding in the same manner as if the member's term of office had not expired or been terminated.

It took me a while to find this one: the word in bold was capitalized. The word now refers specifically to the Registration Committee.

Powers of Registration Committee
19.(7) Following a hearing under this section, the Registration Committee shall make one of the following orders:
  1. If the Committee determines on reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity, the Committee shall direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, to the applicant.
  2. If the Committee determines on reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations, the Committee shall,
    i. direct the Registrar to refuse to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, or to suspend or revoke the certificate of authorization issued to the applicant, as the case may be,
    ii. exempt the applicant from any of the requirements of this Act or the regulations and direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, if the Committee determines on reasonable grounds that the applicant will engage in the practice of professional engineering with competence and integrity, or
    iii. direct the Registrar to issue a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, subject to such terms, conditions or limitations as the Committee specifies, if the Committee determines on reasonable grounds that the terms, conditions or limitations are necessary in order to ensure that the applicant will engage in the practice of professional engineering or in the business of providing services that are within the practice of professional engineering with competence and integrity.

Opportunity to show compliance
19.(10) The applicant may show or achieve compliance with the requirements for the issuance of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, at any time before the hearing date.

Removing the prepositional phrases, "The applicant may show or achieve compliance with the requirements at any time before the hearing date" replaced replaced "The applicant shall be given a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements".

Complaints Committee
23.(1) The Complaints Committee is continued and shall be composed of the following persons appointed by the Council:
  1. At least one person who is either,
    i. a member of the Council appointed by the Lieutenant Governor in Council, or
    ii. a person who is neither a member of the Council nor a member of the Association, and approved by the Attorney General.
  2. At least two members of the Association.

A second case was added, namely the Attorney General may now approve a member of the Complaints Committee under subparagraph 23.(1)1.i.

Quorum
23.(4) Three members of the Complaints Committee, of whom one shall be a person referred to in subparagraph 1. i. or ii of subsection (1).

This had to change because of the change to 23.(1).

Complaints Review Councillor
25.(1) There shall be a Complaints Review Councillor who shall be appointed by Council and shall be,
  (a) a member of the Council appointed by the Lieutenant Governor in Council under clause 3(2)(c); or
  (b) a person who is neither a member of the Council nor a member of the Association and approved by the Attorney General.

A similar change to 23.(1) whereby the Attorney General may approve the Complaints Review Councillor.

Powers of Complaints Review Councillor
Examination by Complaints Review Councillor
26.(1) The Complaints Review Councillor may examine from time to time the procedures for the treatment of complaints by the Complaints Committee.

Previously, the phrasing was "by the Association". The scope has now been narrowed to strictly the treatment of complaints by the Complaints Committee.

Notice of application
26.(3.1) A complainant who applies for a review under subsection (2) or (3) shall give the person complained against notice of the application.

This is new: it simply requires the the complainant to give notice to the individual being complained against. This seems reasonable.

No inquiry into merits
26.(4) In an examination under subsection (1) or review under subsection (2) or (3), the Complaints Review Councillor shall not inquire into the merits of any particular complaint made to the Complaints Committee.

Once again, we are significantly narrowing the focus of such an examination from the Association to the Complaints Committee and "an examination or review" has been expanded to be "an examination under subsection (1) or review under subsection (2) or (3)". It would be fascinating to know what spurred such a change.

Discretionary power of Complaints Review Councillor
26.(5) The Complaints Review Councillor may decide not to make or continue a review under subsection (2) or (3) if,
26.(5) (a) the review is or would be in respect of the treatment of a complaint that was disposed of by the Complaints Committee more than twelve months before the matter came to the attention of the Complaints Review Councillor; or

Once again, tightening up the focus to the Complaints Committee and indicating specifically what is meant by "review". The wording was also tightened with the removal of two prepositional phrases: "The Complaints Review Councillor in his or her discretion may decide in a particular case not to...".

Notice, no review
26.(5.1) If the Complaints Review Councillor decides under subsection (5) not to make or continue a review, he or she shall give notice of the decision to the Complaints Committee, to the complainant and to the person complained against.

This is new: the Councillor must actually tell someone that he or she has decided not to make or continue a review. Again, it would be interesting to know why this was added.

Notice of examination or review
26.(6) Before commencing an examination or review, the Complaints Review Councillor shall give notice to the Complaints Committee of his or her intention to commence the examination or review and, in the case of a review, shall also give notice to the person complained against.

Privacy
26.(8) Every examination or review by the Complaints Review Councillor shall be conducted in private.

Previously, the scope of examinations or reviews subject to such privacy were restricted to those "in respect of the Association".

Receipt of information
26.(9) In conducting an examination or review, the Complaints Review Councillor may hear or obtain information from any person and may make such inquiries as he or she thinks fit.

Again, the scope of the examinations or reviews is no longer restricted to "in respect of the Association".

Hearing not required
26.(10) The Complaints Review Councillor is not required to hold or to afford to any person an opportunity for a hearing in relation to an examination, review or report under this section.

Duty to provide information
26.(11) On the request of the Complaints Review Councillor, a member of the Council, member of a committee of the Association or officer or employee of the Association shall give to the Complaints Review Councillor,
  (a) any information regarding the proceedings and procedures of the Complaints Committee regarding the treatment of complaints made to it that the Complaints Review Councillor requires; and
  (b) access to all records, reports, files and other papers and things belonging to or under the control of the member, officer or employee, or the Association, that relate to the treatment by the Complaints Committee of complaints or any particular complaint, as specified by the Complaints Review Councillor.

Report
26.(12) On completing an examination or review, the Complaints Review Councillor shall make a report of his or her findings.

Report re examination
26.(13) The Complaints Review Councillor shall give a copy of a report respecting an examination under subsection (1) to the Council and to the Complaints Committee.

Report re review
26.(14) The Complaints Review Councillor shall give a copy of a report respecting a review under subsection (2) or (3) to the Council, to the Complaints Committee, to the complainant and to the person complained against.

Report to Minister
26.(15) If the Complaints Review Councillor is of the opinion that a report made under this section should be brought to the attention of the Minister, the Complaints Review Councillor shall give a copy of the report to the Minister.

Recommendations
26.(16) The Complaints Review Councillor may include in a report his or her recommendations in respect of the procedures of the Complaints Committee, either generally or with respect to the treatment of a particular complaint.

Again, all this tightes the scope to the Complaints Committee from the more general scope of the Association.

Consideration of report by Council
26.(17) The Council shall consider every report, and any recommendations included in the report, that it receives from the Complaints Review Councillor, and shall notify the Complaints Review Councillor of any action it takes as a result.

The wording is cleared up from "transmitted to it by" to "that it receives from" and "has taken in consequence" to "takes as a result".

Consideration of report by Complaints Committee
26.(18) The Complaints Committee shall consider every report, and any recommendations included in the report, that it receives from the Complaints Review Councillor, and shall notify the Complaints Review Councillor of any action it takes as a result.

This one is new, and is quite reasonable given the new restriction on the scope of the examinations and reviews.

Professional misconduct
28.(2) A member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence may be found guilty of professional misconduct by the Committee if,
  (a) the member or holder has been found guilty of an offence relevant to suitability to practise, upon proof of such conviction; or

There were two conditions, (a) and (b), under which someone may be found guilty of professional misconduct. However, someone forgot to put an explicit "or" after subparagraph (a) which may have caused some lawyer to argue that both conditions must be met for an individual to be found guilty of professional misconduct. One of the beauties of Common Law is that, even if this text could be interpreted as "and", the judiciary could set a precedence that there is an implied "or" following subparagraph (a). Never-the-less, the text should be cleaned up. Note that this is only possible because of the ambiguity. By the Supremacy of Parliament, had there been an explicit "and" in the original legislation, the judiciary could not, through precedence, replace this with "or".

Procedure
32.(4) Where the Fees Mediation Committee acts as arbitrator under subsection (3), the Arbitration Act, 1991 does not apply.

The year 1991 was added.

To be added later...

Definitions
1. In this Act,
"provisional licence" means a provisional licence to engage in the practice of professional engineering issued under this Act;

All other licences were specified "under this Act" except this one which was "under subsection 14 (7)". Bringing this in line with the other definitions is probably the correct thing to do.

Regulations
7.(1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
  5. respecting the composition of the committees required by this Act, other than the Complaints Committee, the Discipline Committee and the Registration Committee, the mechanism of the appointment of members of the committees and procedures ancillary to those specified in this Act in respect of any committee;
  7. prescribing the quorums of the committees required by this Act other than the Complaints Committee, the Discipline Committee and the Registration Committee;
  8. governing persons as engineering interns under section 20.1, including setting out the academic requirements necessary for acceptance as an engineering intern and the rights and privileges of engineering interns, and prescribing and governing other classes of persons whose interests are related to those of the Association;
  25. REPEALED.
  34. prescribing provisions of the Not for Profit Corporations Act, 2010 that apply to the Association.

By-laws
8.(1) The Council may pass by-laws relating to the administrative and domestic affairs of the Association not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing,
16. specifying the amount and requiring the payment of,
  i. fees, including annual fees, by holders of licences, certificates of authorization, temporary licences, provisional licences and limited licences, and by engineering interns, students and members of other classes of persons prescribed under paragraph 8 of subsection 7(1),
  ii. fees for registration, designations, examinations and continuing education,
  iii. fees for anything the Registrar is required or authorized to do, and
  iv. penalties for late payment of any of the fees;

Exceptions
12.(3) Subsections (1) and (2) do not apply to prevent a person,
  (a) REPEALED.
12.(3) (b) from doing an act that is within the practice of professional engineering where a professional engineer or limited licence holder assumes responsibility for the services within the practice of professional engineering to which the act is related;

Provisional licence
14.(7) REPEALED.

Same
15.(4.1) Where the holder of a limited licence assumes responsibility for and supervises the practice of professional engineering related to the services provided by the holder of a certificate of authorization, the certificate of authorization is subject to the same terms
and conditions prescribed by the regulations that apply to the limited licence.

Suspension of effect of certificate of authorization
15.(5) A holder of a certificate of authorization ceases to be entitled to offer to the public or to provide to the public services that are within the practice of professional engineering as soon as there is no holder of a licence, temporary licence or limited licence who assumes responsibility for and supervises the practice of professional engineering provided by the holder of the certificate of authorization.

Notice to Registrar by holder of certificate of authorization
15.(6) The holder of a certificate of authorization must give notice to the Registrar when there ceases to be a holder of a licence, temporary licence or limited licence who assumes responsibility for and supervises the practice of professional engineering by the holder of the certificate of authorization and when the holder of the certificate of authorization designates another holder of a licence, temporary licence or limited licence to assume such responsibility and carry out such supervision.

Notice to Registrar by person in position of professional responsibility
15.(7) A holder of a licence, temporary licence or limited licence who ceases to be responsible for and to supervise the practice of professional engineering by a holder of a certificate of authorization as the person so designated by the holder of the certificate of authorization shall give notice of the cessation forthwith to the Registrar.

Supervision by licence holder
17.(1) It is a condition of every certificate of authorization that the holder of the certificate shall provide services that are within the practice of professional engineering only under the personal supervision and direction of a holder of a licence, temporary licence, or limited licence.

Professional responsibility of supervising licence holder
17.(2) A holder of a licence, temporary licence or limited licence who personally supervises and directs the providing of services within the practice of professional engineering by a holder of a certificate of authorization or who assumes responsibility for and supervises the practice of professional engineering related to the providing of services by a holder of a certificate of authorization is subject to the same standards of professional conduct and competence in respect of the services and the related practice of professional engineering as if the services were provided or the practice of professional engineering was engaged in by the holder of a licence, temporary licence or limited licence.

Referral to committee
18.(3) Subsections 14(3) to (6) (which relate to the Academic Requirements Committee and the Experience Requirements Committee) apply with necessary modifications in respect of an applicant for a temporary licence, a provisional licence or a limited licence.

Registration Committee
19.1(1) The Registration Committee is continued and shall be composed of the following persons appointed by the Council:
  1. At least two persons, each of whom is either,
    i. a member of the Council appointed by the Lieutenant Governor in Council, or
    ii. a person who is neither a member of the Council nor a member of the Association, and approved by the Attorney General.
  2. At least three members of the Association.

Quorum
19.(2) Three members of the Registration Committee, of whom at least one is a person referred to in subparagraph 1.i or ii of subsection (1), constitute a quorum.

Chair, vice-chair
19.(3) The Registration Committee shall name one of its members as chair, and another as vice-chair, of the Registration Committee.

Same
19.(4) Any power, duty or function of the chair of the Registration Committee may be exercised by the vice-chair, if the chair is absent or unable to act.

Engineering interns
20.1(1) The Registrar shall accept as an engineering intern any applicant for a licence, if,
  (a) in submitting the application for a licence, the applicant requests in writing to become an engineering intern;
  (b) the applicant is enrolled in the Association's engineering intern training program; and
  (c) the applicant meets the academic requirements prescribed by the regulations.

Revocation for non-payment
(2) The Registrar may revoke a person's status as an engineering intern for non-payment of any fee that is payable by the person under this Act.

Termination
(3) Subject to a revocation under subsection (2), a person ceases to be an engineering intern on the earlier of the day that his or her application for a licence is finally dealt with or the day that he or she withdraws the application.

Registers
21. (1) The Registrar shall maintain one or more registers containing the following information:
  1. Every holder of a licence, certificate of authorization, temporary licence, provisional licence or limited licence.
  2. The terms, conditions and limitations attached to every licence, certificate of authorization, temporary licence, provisional licence and limited licence.
  3. Every revocation, suspension and cancellation or termination of a licence, certificate of authorization, temporary licence, provisional licence or limited licence.
  4. Every person who is an engineering intern under section 20.1.
  5. Any other information that the Registration Committee or Discipline Committee directs.

Cancellation for default of fees
22.(1) The Registrar may cancel a licence, certificate of authorization, temporary licence, provisional licence or limited licence for non-payment of any fee payable under this Act after giving the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence at least two months notice of the default and intention to cancel, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of the person's professional conduct while a member or holder.

Discipline Committee
27.(1) The Discipline Committee is continued and shall be composed of the following persons appointed by the Council:
  1. At least one elected member of the Council.
  2. At least one member of the Association who is,
    i. a member of the Council appointed by the Lieutenant Governor in Council, or
    ii. not a member of the Council, and approved by the Attorney General.
  3. At least one person who is,
    i. a member of the Council appointed by the Lieutenant Governor in Council under clause 3(2)(c), or
    ii. neither a member of the Council nor a member of the Association, and approved by the Attorney General.
  4. At least three member of the Association each of whom has at least 10 years experience in the practice of professional engineering.

Quorum
27.(2) One of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1) constitute a quorum of the Discipline Committee.

Chair, vice-chair
27.(3) The Discipline Committee shall name one of its members as chair, and another as vice-chair, of the Discipline Committee.

Same
27.(4) Any power, duty or function of the chair of the Discipline Committee may be exercised by the vice-chair, if the chair is absent or unable to act.

Referral to panel
27.(5) Within 90 days after a matter is referred to the Discipline Committee for hearing and determination, the chair may,
  (a) select a panel from among the members of the Committee that includes at least one of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1);
  (b) designate one of the members of the panel to chair it;
  (c) refer the matter to the panel for hearing and determination; and
  (d) set a date, time and place for the hearing.

Powers of panel
27.(6) A panel established under subsection (5) has all the powers, duties and functions of the Discipline Committee with respect to the hearing and determination of the matter referred to the panel, and a decision or order of the panel is deemed to be a decision or order of the Committee.

Majority required
27.(7) All disciplinary decisions of the Committee or of a panel established under subsection (5) require the vote of a majority of those of its members presiding over the matter.

Inability to act
27.(8) If the Discipline Committee or a panel established under subsection (5) commences a hearing and a member of the Discipline Committee required to preside over the hearing by virtue of subsection (2) or clause (5)(a), as the case may be, is unable to continue to act, the remaining members may complete the hearing despite the member's absence, but in no case shall a hearing be presided over by fewer than three members of the Committee.

Transition
27.(9) This section, as it read immediately before the day subsection 5(59) of Schedule 2 to the Open for Business Act, 2010 comes into force, continues to apply in respect of every hearing of the Discipline Committee or of a panel that is commenced and not concluded before that day.

Repeal
27.(10) Subsection (9) is repealed on the fourth anniversary of the day on which subsection 5(59) of Schedule 2 to the Open for Business Act, 2010 comes into force.

Reference by Council or Executive Committee
27.1 The Council or the Executive Committee may, by resolution, refer to the Discipline Committee for hearing and determination any allegation of professional misconduct or incompetence on the part of a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence specified in the resolution.

Duties of Discipline Committee
28.(1) The Discipline Committee shall,
  (b) hear and determine matters referred to it under section 24, 27.1 or 37; and

Offence, use of term "Licensed Engineering Technologist", etc.
40(3.1) Every person who is not the holder of the engineering technologist class of limited licence prescribed under subparagraph 9 v.2 of subsection 7(1) and who uses the title "Licensed Engineering Technologist" or "technologue en ingenerie titulaire de permis" or the initials "LET" or "TITP" in a manner that will lead to a belief that the person is the holder of the engineering technologist class of limited licence 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.

This is so very different from subsection 40(2) and 40(3). Had it been written in the same style of the two previous subsection, it would have been

Offence, use of term "Licensed Engineering Technologist", etc.
40(3.1) Every person who is not the holder of the engineering technologist class of limited licence prescribed under subparagraph 9 v.2 of subsection 7(1) and who:
  (a) uses the title "Licensed Engineering Technologist" or "technologue en ingenerie titulaire de permis",
  (b) uses the initials "LET" or "TITP", or
  (c) uses any other term, title or description
in a manner that will lead to a belief that the person is the holder of the engineering technologist class of limited licence 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.

Offence, use of term "engineering intern", etc.
(3.2) Every person who is not an engineering intern under section 20.1 and who uses any of the following terms, titles or descriptions in a manner that will lead to a belief that the person is an engineering intern under that section 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:
  1. The title "engineering intern" or "stagiaire en ingenerie" or any abbreviation or variation of the title.
  2. The initials "EIT" or "SI".
  3. Any other term, title or description that will lead to the belief that the person is an engineering intern under section 20.1.

Again, this is so very different from Subsection 40(2), 40(3), or even 40(3.1) (see previous change). I'm not sure why this changed, but had it been written in the same style of 40(2) and 40(3), you would have had

(3.2) Every person who is not an engineering intern under section 20.1 and who
  (a) uses the title "engineering intern" or "stagiaire en ingenerie" or any abbreviation or variation of the title,
  (b) uses the initials "EIT" or "SI", or
  (c) uses any other term, title or description
in a manner that will lead to a belief that the person is an engineering intern under that section 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.

It would be interesting to know why we have three different styles of defining penalties all essentially saying: don't try to pass yourself off as having a licence or certification under this Act.

Idem, partner
40.(6) Where a person who is guilty of an offence under subsection (1), (2), (3), (3.1), (3.2) 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.

Why did they not change the title to Same, partner?

Limitation
40.(7) Proceedings shall not be commenced in respect of an offence under subsection (1), (2), (3), (3.1), (3.2) (4), (5) or (6) after two years after the date on which the offence was, or is alleged to have been, committed.

Application of Not-for-Profit Corporations Act, 2010
49. The Not-for-Profit Corporations Act, 2010 does not apply in respect of the Association except as may be prescribed by regulation.