Douglas Wilhelm Harder

53. Every holder of a licence, temporary licence, provisional licence or limited licence who provides to the public a service that is within the practice of professional engineering shall sign, date and affix the holder's seal to every final drawing, specification, plan, report or other document prepared or checked by the holder as part of the service before it is issued.

When a holder of a licence provides a service to a client of the public (anyone other than his or her employer), to indicate that the document has been prepared or checked by the holder who is taking responsibility for that document, the holder signs, dates, and seals the document indicating that the client may relied upon the it.

From the PEO website, this is elaborated as:

...the seal is important because it implies a commitment to the standards of the profession and signifies to the public that a particular P.Eng. has accepted professional responsibility for the document. Should any errors be found, the engineer who seals the document is answerable to PEO, their client and any agency relying on them.

17. When is the seal suppose to be used?

53. Every holder of a licence or three other licences who provides to the public a service that is within the practice of professional engineering shall sign, date and affix the holder's seal to every final drawing, specification, plan, report or other document prepared or checked by the holder as part of the service before it is issued.

18. In addition to the professional engineer (P.Eng.) licence, PEO grants two (2) other types of licence to practice professional engineering; namely: the temporary licence and the limited licence. What conditions or restrictions, if any, are placed on the:

1. P.Eng. Licence
2. Temporary Licence
3. Limited Licence

19. Consistent with its legislative mandate to regulate the practice of professional engineering, what is the difference between the function of (i) Discipline and (ii) Enforcement that PEO carries out.

The Discipline Committee has the duty to hear allegations of either professional misconduct or incompetence against Members, other licensees, and holders of Certificates of Authorization:

28(1)(a) The Discipline Committee shall...hear and determine allegations of professional misconduct or incompetence against a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence.

For other breaches of the Professional Engineers Act, the Association must apply to a judge for an order directing 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.

Such a application for an order is said to be enforcing the Professional Engineers Act.

20. Does merely being designated as a "Consulting Engineer" allow a professional engineer to offer professional engineering services to the public? Explain.

No. From Ontario Regulation 941,

57(1) Designation as a consulting engineer expires five years from the date of issuance of notice of the designation.

however, reading further, we note:

59. A Member who has been designated or redesignated as a consulting engineer may use the title "consulting engineer"...so long as the Member is in the independent practice of professional engineering and the designation or redesignation is valid.

60. For the purpose of this Regulation, a Member shall be deemed to be in the independent practice of professional engineering if the Member,

1. holds a certificate of authorization and is primarily engaged in offering or providing services within the practice of professional engineering to the public; or
2. is a partner in or employee of a holder of a certificate of authorization, is designated in the application for the certificate as a person who will assume responsibility for and supervise the services of the holder that are within the practice of professional engineering and is primarily engaged in offering or providing, on behalf of the holder, services within the practice of professional engineering to the public.

It is possible therefore that the Certificate of Authorization may expire (as it does each year) before the designation does. However, it would be correct to say that Does using the title "consulting engineering" imply that the professional engineer is currently offering professional engineering services to the public.

Ask George or Andrew.

21. Two of PEO's functions are discipline and enforcement. Name two specific activities that are subject to enforcement.

Activities which are subject to enforcement include

• 40(1): Engaging in the practice of professional engineering without a licence,
• 40(1): Offering services within the practice of professional engineering to the public without a Certificate of Authorization,
• 40(2): Uses the title "professional engineer", "P.Eng.", a term, a title, a description, or a seal that will lead to the belief that the person is a professional engineer or that the person may engage in the practice of professional engineering,
• 40(3): Uses a term, a title, a description, or seal that will lead to the belief that the person is a professional engineer or that the person or business organization may offer services within the practice of professional engineering to the public.

22. Does a holder of a Certificate of Authorization need to carry insurance?

From Ontario Regulation 941:

47.3 The requirements and qualifications for the issuance of a certificate of authorization are the applicant must certify in a form that will be supplied by the Registrar that the applicant,

1. is insured against professional liability in accordance with subsection 74 (1),
2. is participating in the Indemnity Plan of the Ontario Association of Architects in accordance with clause 74 (2) (a) and the applicant’s practice is limited to professional activities covered by that Plan,
3. has other insurance in accordance with clause 74 (2) (b),
4. is not required to have professional liability insurance because any such insurance would be in respect of pollution hazards, nuclear hazards, aviation hazards or shipping hazards, or
5. will comply with section 74 in the manner provided by that section by notifying each person to whom the applicant intends to provide professional engineering services that the applicant is not insured in accordance with the minimum requirements of that section.

The last clause provides conditions under which a holder of a Certificate of Authorization need not carry insurance.

23. Section 77(5) of Regulation 941 is often called the "moonlighting" provision of the Code of Ethics. List as many specific reasons as you can for why such a provision is included in the Code of Ethics.

An engineer who is both employed and offering services to clients is in danger of breaching both the Code of Ethics and professional misconduct.

72(2)(a)"professional misconduct" means negligence.

A practitioner who is both employed and providing services to other clients is more likely to fail to give sufficient attention to either one or both tasks.

72(2)(i) "professional misconduct" means failure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an employer or to a client, and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure:

1. Accepting compensation in any form for a particular service from more than one party.
2. Submitting a tender or acting as a contractor in respect of work upon which the practitioner may be performing as a professional engineer.
3. Participating in the supply of material or equipment to be used by the employer or client of the practitioner.
4. Contracting in the practitioner's own right to perform professional engineering services for other than the practitioner's employer.
5. Expressing opinions or making statements concerning matters within the practice of professional engineering of public interest where the opinions or statements are inspired or paid for by other interests.

If there is overlap between the work performed for the employer and for the client, this may be a breach of 72(2)(i)1; failure to make a prompt, voluntary and complete disclosure to both the employer and the clients may breach 72(2)(i)(4); and it may be possible that non-disclosure agreements prevent certain types of necessary disclosures.

There may be the temptation to use software, hardware, trade secrets, or other proprietary information which under such a situation may be directly available. Such actions may breach

72(2)(j) conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional.

24. Section 12(1) of the Professional Engineers Act states that no person shall engage in the practice of professional engineering or hold himself, herself or itself out as engaging in the practice of professional engineering without holding one of four specified types of licences. Name each of those four (4) types of licences and state which of those licences indicate that its holder is a "professional engineer", according to the Act.

The Principal Object of the Association lists the four licences:

2(3) The principal object of the Association is to...govern its members; ...; and holders of temporary, provisional, and limited licences...

55.1(1).1 The following are the titles...that may be used in the practice of professional engineering by the holder of a licence or temporary licence: Professional engineer, ...

55.1(2).1 The following are the titles...that may be used in the practice of professional engineering by the holder of a limited licence: Limited Engineering Licensee, ...

Ask George or Andrew...

25. PEO's Discipline Committee has the power to revoke or suspend any of the licences referred to in Question 1(a) if the licence holder commits professional misconduct. Besides revocation and suspension, describe three (3) other penalties or sanctions that the discipline committee may impose.

From the Act:

28(4) Where the Discipline Committee finds a practitioner guilty of professional misconduct or to be incompetent it may, by order,

1. revoke the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder;
2. suspend the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder for a stated period, not exceeding 24 months;
3. accept the undertaking of the member or holder to limit the professional work of the member or holder in the practice of professional engineering to the extent specified in the undertaking;
4. impose terms, conditions or limitations on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, of the member or holder, including but not limited to the successful completion of a particular course or courses of study, as are specified by the Discipline Committee;
5. impose specific restrictions on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, including but not limited to,
1. requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to engage in the practice of professional engineering only under the personal supervision and direction of a member,
2. requiring the member to not alone engage in the practice of professional engineering,
3. requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to accept periodic inspections by the Committee or its delegate of documents and records in the possession or under the control of the member or the holder in connection with the practice of professional engineering,
4. requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to report to the Registrar or to such committee of the Council as the Discipline Committee may specify on such matters in respect of the member’s or holder’s practice for such period of time, at such times and in such form, as the Discipline Committee may specify;
6. require that the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register for a stated or unlimited period of time;
7. revoke or suspend for a stated period of time the designation of the member or holder by the Association as a specialist, consulting engineer or otherwise;
8. 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;
9. subject to subsection (5) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in detail or in summary and either with or without including the name of the member or holder in the official publication of the Association and in such other manner or medium as the Discipline Committee considers appropriate in the particular case;
10. fix and impose costs to be paid by the member or the holder to the Association;
11. direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as the Discipline Committee may specify, including but not limited to,
1. the successful completion by the member or the holder of the temporary licence, provisional licence or limited licence of a particular course or courses of study,
2. the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome,

or any combination of them.

26. Professional engineering in Ontario is described as a "self-regulating profession". What does this term mean? In your answer, briefly describe three different features in the way professional engineering is regulated in Ontario that are consistent with this term.

The term "profession" may be described by a self-selected self-disciplined group of individuals who hold themselves out to the public as possessing a special skill derived from training and education and are prepared to exercise that skill in the interests of the public. The adjective "self-regulating" indicates that the group themselves regulates the exercise of that skill and disciplines members who fall short of the regulations they set.

To demonstrate how professionals engineers in Ontario are a "self-regulating profession", we must go to the Professional Engineers Act:

• 3. The principal object of the Association is to regulate the practice of professional engineering and to govern its members...in accordance with this Act, the regulations and the by-laws... .
• 3(1)The Council of the Association..is...the governing body and board of directors of the Association...
• From 3(2), the majority of the members of the governing body are Members.
• 7(1) Subject to approval...the Council may make regulations...
• The balance of the Act gives only very high-level guidelines of the requirements for licensing and the issuing of certificates of authorization and the phrase in accordance with the regulations is used eight times, set out in the regulations four times, specified in the regulations twice, and defined in the regulations once throughout the Act.
• 10(1)(c) and 10(1)(f) establish the Complaints Committee and the Discipline Committee, respectively.
• Duties of Complaints Committee include 24(1) ... the consideration and investigation of complaints made by members of the public or the Association regarding the conduct or actions of a Member, other licensees, or holder of a certificate of authorization...
• Duties of the Discipline Committee include 28(1) hearing and determining allegations of professional misconduct or incompetence against a Member, other licensees, or a holder of a certificate of authorization...
• The powers of the Discipline committee in the case where a Member, other licensee, or holder of a certificate of authorization is guilty of professional misconduct or to be found incompetent include 28(4) revoking, suspending, and imposing terms, conditions, limitations, or restrictions on the licence or certificate of authorization (possibly for a stated period of time); reprimanding, admonishing, counseling or imposing fines on the Member, other licensee or holder; publishing details of the case; and fixing and imposing costs.

Therefore, professional engineering in Ontario is self-regulating in the following manners:

• It governs its own members and sets its own regulations which include the definitions of professional misconduct and incompetence,
• It determines the requirements for licences and certificates of authorization and reviews applications,
• It hears complaints from the public regarding the conduct of its members, and
• It has the authority to discipline its members.

27. What is the "Fees Mediation Committee"? Describe its function.

The Act in 10(1)(g) establishes the Fees Mediation Committee.

The Act requires in 7(1)18 that the Association prepare schedules of suggested fees for professional engineering services and from Ontario Regulation 941 Section 76, the preparation of a schedule of suggested fees requires that there is equal input from both Members and the public, that it be recommended to the Council, that it be published, reviewed annually, and that recommendations for changes considered.

The duties of the Fees Mediation Committee include to 32(2)(a) ...mediate any written complaint by a client of Member, other licensee, or holder of a certificate of authorization in respect of a fee charged for professional engineering services provided to the client.

The Fees Mediation Committee may 32(3) with the written consent of all parties to the dispute, may arbitrate a dispute in respect of a fee between a client and a Member, other licensee, or holder of a certificate of authorization and in that case the decision of the Fees Mediation Committee is final and binding on all parties to the dispute.

The decisions of the Fees Mediation Committee 32(5) may be filed with the Superior Court of Justice and...may be enforced in the same matter as a judgment of the court.

28. Assume you are the holder of a Certificate of Authorization that is issued in your name. Assume you also qualify to be designated as a Consulting Engineer. What rights and privileges would this designation give you in addition to the rights and benefits you enjoy under the Certificate of Authorization?

Gives you the right to use the title "consulting engineer" and the benefits of being identified as such.

From Ontario Regulation 941, Section 59 states that a Member who has been designated or redesignated as a consulting engineer may use the title "consulting engineer" or a variation thereof...so long as the Member is in the independent practice of professional engineering...

Section 67 states only a Member designated by the Council may use the title "consulting engineer".

29. What is the purpose of the engineer's seal and when should it be used? What two elements are required to accompany the seal?

From Ontario Regulation 941 Section 53, every holder of any licence who provides to the public a service that is within the practice of professional engineering shall sign, date and affix the holder's seal to every final drawing, specification, plan, report or other document prepared or checked by the holder as part of the service before it is issued.

The two elements are the practitioner's signature and a legible date.

30. What are the limits of the "Temporary Licence"? (In your answer, DO NOT discuss the qualifications/requirements for obtaining this licence.

Section 7 of the Act directs the Association to include the aspects of the Temporary Licence to the Regulations.

Sections 42-44 in Ontario Regulation 941 cover temporary licences. The limitations are specified in the first of these sections:

42.(1) Every temporary licence must specify,

• the works, facilities, machinery, equipment or other property in Ontario to which the temporary licence relates;
• the name of the person, firm or corporation by whom the holder of the temporary licence is employed or engaged to perform services in Ontario within the practice of professional engineering;
• the name of the Member, if any, with whom collaboration is required under this Regulation; and
• the period of time, not exceeding twelve months, for which the temporary licence has been issued.

(2) It is a condition of every temporary licence that the services within the practice of professional engineering that may be provided by the holder of the temporary licence are limited to the services specified in the temporary licence.

That is, the project, the employer or client, any collaborators, and the time period.

31. What is the "Discipline Committee"? Describe its function.

The Discipline Committee is a committee established under clause 10(1)(f) of the Act.

The duties of the Discipline Committee are described in Section 28 of Ontario Regulation 941 and include:

28(1) The Discipline Committee shall,

• ...hear and determine allegations of professional misconduct or incompetence against a Member, other licensee, or a holder of a certificate of authorization,
• hear and determine matters referred to it under section 24, 27 or 37; ...

Professional misconduct 28(2) A Member, other licensee, or holder of a Certificate of Authorization may be found guilty of professional misconduct by the Committee if,

• the member or holder has been found guilty of an offence relevant to suitability to practise, upon proof of such conviction;
• the member or holder has been guilty in the opinion of the Discipline Committee of professional misconduct as defined in the regulations.

Incompetence 28(3) The Discipline Committee may find a Member or other licensee incompetent if in its opinion,

• the Member or holder has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of the public of a nature or to an extent that demonstrates the member or holder is unfit to carry out the responsibilities of a professional engineer; or
• the member or holder is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public or the member or holder that the member or holder no longer be permitted to engage in the practice of professional engineering or that his or her practice of professional engineering be restricted.

The powers of the Discipline Committee are also described in Section 28 and include:

28(4) Where the Discipline Committee finds a Member, other licensee, or holder of a certificate of authorization guilty of professional misconduct or to be incompetent it may, by order,

• revoke the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder;
• suspend the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder for a stated period, not exceeding 24 months;
• accept the undertaking of the member or holder to limit the professional work of the member or holder in the practice of professional engineering to the extent specified in the undertaking;
• impose terms, conditions or limitations on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, of the member or holder, including but not limited to the successful completion of a particular course or courses of study, as are specified by the Discipline Committee;
• impose specific restrictions on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, including but not limited to,
• requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to engage in the practice of professional engineering only under the personal supervision and direction of a member,
• requiring the member to not alone engage in the practice of professional engineering,
• requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to accept periodic inspections by the Committee or its delegate of documents and records in the possession or under the control of the member or the holder in connection with the practice of professional engineering,
• requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to report to the Registrar or to such committee of the Council as the Discipline Committee may specify on such matters in respect of the member’s or holder’s practice for such period of time, at such times and in such form, as the Discipline Committee may specify;
• require that the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register for a stated or unlimited period of time;
• revoke or suspend for a stated period of time the designation of the member or holder by the Association as a specialist, consulting engineer or otherwise;
• 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;
• subject to subsection (5) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in detail or in summary and either with or without including the name of the member or holder in the official publication of the Association and in such other manner or medium as the Discipline Committee considers appropriate in the particular case;
• fix and impose costs to be paid by the member or the holder to the Association;
• direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as the Discipline Committee may specify, including but not limited to,
• the successful completion by the member or the holder of the temporary licence, provisional licence or limited licence of a particular course or courses of study,
• the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome,

or any combination of them.

Publication of revocation or suspension 28(5) The Discipline Committee shall cause an order of the Committee revoking or suspending a any licence or certificate of authorization licence to be published, with or without the reasons therefor, in the official publication of the Association together with the name of the member or holder of the revoked or suspended licences or certificate of authorization.

Publication on request 28(6) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the Association, upon the request of the Member, other licensee, or holder of the certificate of authorization against whom the allegation was made.

Costs 28(7) Where the Discipline Committee is of the opinion that the commencement of the proceedings was unwarranted, the Committee may order that the Association reimburse the Member, other licensee, or holder of the certificate of authorization for the person's costs or such portion thereof as the Discipline Committee fixes.

32. Are there any restrictions on how professional engineering services may be advertised? Explain.

The federal Competition Act addresses the issue of criminal misrepresentation in advertising.

The Professional Engineering Act clause 7(1)(19) states that ...the Council may make regulations respecting the advertising of the practice of professional engineering.

Ontario Regulation 941 places further restrictions beyond the Competition Act:

75. A Member, other licensee, or holder of a certificate of authorization may advertise only,

• in a professional and dignified manner;
• in a factual manner without exaggeration;
• in a manner that does not directly or indirectly criticize a Member or holder or an employer of a Member or holder; and
• without reference to or use of the professional seal of the Member or holder or the seal of the Association.

Failure to comply with this regulation would result in professional misconduct by 72(2)(g) ..."professional misconduct" means breach of the Act or regulations, other than an action that is solely a breach of the code of ethics.

33. Is a mechanical engineer allowed to perform services that are normally within the scope of civil engineering?

Neither the Act nor the Regulations differentiates between specializations in engineering; however, the Code of Ethics of the Association states:

77.1.iv It is the duty of a practitioner...to act at all times with knowledge of developments in the area of professional engineering relevant to any services that are undertaken.

77.1.v It is the duty of a practitioner...to act at all times with competence in the performance of any professional engineering services that are undertaken.

A practitioner who engaged in a project for which they were not competent would be guilty of professional misconduct":

72(2)(h) ..."professional misconduct" means undertaking work the practitioner is not competent to perform by virtue of the practitioner's training and experience.

In addition, such an practitioner would be found guilty of negligence

72(2)(a) ..."professional misconduct" means negligence, that is, an act or an omission in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances.

as well as

72(2)(j) ..."professional misconduct" means conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional.

and it would also be possible that the practitioner would be guilty of

72(2)(b) ..."professional misconduct" means failure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for which the practitioner is responsible.

72(2)(c) ..."professional misconduct" means failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public.

72(2)(d) ..."professional misconduct" means failure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and rules in connection with work being undertaken by or under the responsibility of the practitioner.

34. What is the principal object of Professional Engineers Ontario?

From the Professional Engineers Act, 2(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.

35. PEO issues the following four licences: Professional Engineer, Temporary Licence, Limited Licence and Provisional Licence. Which licence holders and take independent responsibility for engineering work? What limitations are placed on any of the licences? (In your answer, DO NOT discuss the qualifications/requirements for obtaining this licences.)

The holders of licences, temporary licences not required to collaborate with the holder of a licence, and holders of limited licences may take independent responsibility for engineering work.

Limitations placed on the licences are as follows:

• Holders of all licences are prevented from undertaking work the holder is not competent to perform by virtue of the holder's training and experience by the definition of professional misconduct under 72(2)(h).
• Holders of a temporary licence are limited to engaging in services specified on the temporary licence and are required to collaborate with a holder of a licence unless certain conditions are met. Temporary licences are issued for at most 12-months.
• Holders of a limited licence are limited to engaging in services specified on the limited licence and must return the limited licence and seal issued when the holder ceases to provide the services specified on the limited licence.
• Holders of provisional licence must work under the supervision of the holder of a licence and the supervisor must seal any document sealed by the holder of the provisional licence.

36. Which of the licence holders identified in the previous question can hold a Certificate of Authorization (C of A)? Are there any limitations on the C of A?

More correctly,

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 member of the Association or the holder of a temporary licence.

Therefore holders of licences and holders of temporary licences may supervise and direct the services that are within the practice of professional engineering.

The time limit of a Certificate of Authorization is one year.

Another limit is provided for if all the the individuals on the Ce

49. (2) Where the natural person, partners or employees named in an application for a certificate of authorization are all holders of temporary licences, a certificate of authorization issued in respect of the application expires on the latest date of expiry of the last to expire of such temporary licences.

37. What are the consequences, if any, to a professional engineer who does not keep his or her licence permanently displayed in his or her place of business?

In the Code of Ethics,

77.2.iv A practitioner shall endeavour to keep the practitioner's licence, temporary licence, provisional licence, limited licence or certificate of authorization, as the case may be, permanently displayed in the practitioner's place of business.

However, a breach of the Code of Ethics does not constitute professional misconduct according to

72(2)(g) "professional misconduct" means breach of the Act or regulations, other than an action that is solely a breach of the code of ethics.

38. Briefly define the practice of professional engineering.

The practice of professional engineering, as defined in the Professional Engineer's Act, means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising wherein the safeguarding of life, health, property or the public welfare is concerned and that requires the application of engineering principles, but does not include practicing as a natural scientist.

39. In order to be designated as a "Consulting Engineer" one must meet a number of requirements. Briefly list three of them. What additional privileges or rights are granted by this designation.

56(1) The Council shall designate as a consulting engineer every applicant for the designation who,

1. is a Member;
2. is currently engaged, and has been continuously engaged, for not less than two years or such lesser period as may be approved by the Council, in the independent practice of professional engineering in Canada;
3. has, since becoming a Member, had five or more years of professional engineering experience that is satisfactory to the Council;
4. has passed the examinations prescribed by the Council or has been exempted therefrom, pursuant to subsection (2).

59. A Member who has been designated or redesignated as a consulting engineer may use the title "consulting engineer"...so long as the Member is in the independent practice of professional engineering and the designation or redesignation is valid.

40. Describe the roles performed by PEO's Complaints Committee and Discipline Committee.

Duties of Complaints Committee
24. (1) The Complaints Committee shall consider and investigate complaints made by members of the public or members of the Association regarding the conduct or actions of a member of the Association or holder of a certificate of authorization or a other licence licence, but no action shall be taken by the Committee under subsection (2) unless,

1. a written complaint in a form that shall be provided by the Association has been filed with the Registrar and the member or holder whose conduct or actions are being investigated has been notified of the complaint and given at least two weeks in which to submit in writing to the Committee any explanations or representations the member or holder may wish to make concerning the matter; and
2. the Committee has examined or has made every reasonable effort to examine all records and other documents relating to the complaint.

Duties of Discipline Committee
28. (1) The Discipline Committee shall,

1. when so directed by the Council, the Executive Committee or the Complaints Committee, hear and determine allegations of professional misconduct or incompetence against a member of the Association or a holder of a certificate of authorization or other licence;
2. hear and determine matters referred to it under section 24, 27 or 37; and
3. perform such other duties as are assigned to it by the Council.

41. Is there any difference between being a member of PEO and holding a licence to practice professional engineering in Ontario? Explain.

There is no difference, according to the Act:

Membership
5. (1) Every person who holds a licence is a member of the Association subject to any term, condition or limitation to which the licence is subject.

and

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

While the Act does not explicitly state it, it is my understanding that a holder of a provisional licence is not a member of the Association, either.

42. The principle objective of PEO is to regulate the practice of professional engineering and to govern its members. Please briefly explain the other additional objectives specified in the Act.

2(4) For the purpose of carrying out its principal object, the Association has the following additional objects:

1. To establish, maintain and develop standards of knowledge and skill among its members.
2. To establish, maintain and develop standards of qualification and standards of practice for the practice of professional engineering.
3. To establish, maintain and develop standards of professional ethics among its members.
4. To promote public awareness of the role of the Association.
5. To perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act.

43. PEO issues Certificates of Authorization. Who or what is eligible to receive one? Why is it necessary to obtain one?

48(1) A natural person, partnership or corporation that desires a certificate of authorization shall submit an application...containing

• the names and addresses of the natural person, all partners, or all officers and directors, as the case may be, of the applicant;
• the names of the natural person, partners or employees, as the case may be, who hold licences or temporary licences and who will assume responsibility for and supervise the services provided that are within the practice of professional engineering on its behalf;
• the certificate of a person named in clause (b) certifying,
  • that the information contained in the application is true and correct, and
  • in the case of an application for a general certificate of authorization, that the primary function of the applicant is or will be to provide services in the practice of professional engineering to the public.

12(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.

44. PEO issues Temporary licences. In addition to paying the necessary fee, briefly state three other requirements to obtain such a licence.

43. The requirements and qualifications for the issuance of a temporary licence are payment of the fee for the temporary licence and one of the following:

1. Residence in a province or territory of Canada other than Ontario and membership in an association of professional engineers in another province or territory of Canada that has objects similar to the objects of the Association and that requires qualifications for membership at least equal to the qualifications required for the issuance of a licence to engage in the practice of professional engineering in Ontario.
2. Qualifications at least equal to the qualifications required for the issuance of a licence to engage in the practice of professional engineering in Ontario.
3. Wide recognition in the field of the practice of professional engineering in respect of which the work to be undertaken under the temporary licence relates and not less than ten years experience in such field.

45. List four (4) requirements an applicant must meet to obtain a P.Eng. licence in Ontario.

From the Act, 14(1) The Registrar shall issue a licence to a natural person who applies therefor in accordance with the regulations and

• is not less than eighteen years of age;
• has complied with the academic requirements specified in the regulations for the issuance of the licence and has passed such examinations as the Council has set or approved in accordance with the regulations or is exempted therefrom by the Council;
• has complied with the experience requirements specified in the regulations for the issuance of the licence; and
• is of good character.

The third and fourth requirements are expanded upon in the Ontario Regulation 941 33(1) Each applicant for a licence shall comply with the following rules:

• The applicant shall demonstrate that he or she has obtained,
• a bachelor's degree in an engineering program from a Canadian university that is accredited to the Council’s satisfaction, or
• equivalent engineering educational qualifications recognized by the Council.
• The applicant shall demonstrate that he or she has had 48 months of experience in the practice of professional engineering that, in the Council's opinion, provides sufficient experience to enable him or her to meet the generally accepted standards of practical skill required to engage in the practice of professional engineering.
• Up to 12 months of the practical experience referred to in paragraph 2 may be acquired after the applicant has completed one-half of the classroom component of the degree or equivalent educational qualifications. The balance shall be acquired after the degree or equivalent educational qualifications are obtained.
• At least 12 months of the balance referred to in paragraph 3 shall be acquired in a Canadian jurisdiction, under the supervision of one or more persons legally authorized to engage in the practice of professional engineering in that jurisdiction. However, the Council may vary or waive this requirement in circumstances in which it considers it to be in the public interest to do so.
• The applicant shall successfully complete the Professional Practice Exam.

Note that the question did not restrict the scope to simply the Act.

46. The members of PEO Council are both elected and appointed. Who elects the members and who appoints the members?

From the Act, 3(2) the Council shall be composed of,

• not fewer than fifteen and not more than twenty persons who are members of the Association and who are elected by the members of the Association as provided by the regulations;
• not fewer than five and not more than seven persons who are members of the Association and who are appointed by the Lieutenant Governor in Council;
• not fewer than three and not more than five persons who are not members of the governing body of a self-regulating licensing body under any other Act or licensed under this Act and who are appointed by the Lieutenant Governor in Council; and
• the holders of offices prescribed by the regulations who are not members of the Council under clause (a), (b) or (c).

47. PEO issues both a Certificate of Authorization and a Consulting Engineering Title. Briefly explain the purpose of each.

Certificate of Authorization

From the Act, Section 1, "certificate of authorization" means a certificate of authorization issued under this Act to engage in the business of providing services that are within the practice of professional engineering.

From the Act 12(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.

From the Ontario Regulation 941 47. The requirements and qualifications for the issuance of a certificate of authorization are:

1. The applicant must designate, as the person or persons who will assume responsibility for and supervise the services to be provided by the applicant within the practice of professional engineering, one or more Members or holders of temporary licences each of whom has at least five years of professional engineering experience following the conferral of a degree described in subparagraph 1 i of subsection 33 (1) or the completion of an equivalent engineering education.
2. The application for the certificate of authorization must state that the persons named in paragraph 1 are,
   1. the applicant for the certificate of authorization,
   2. employees of the applicant,
   3. partners in the applicant, or
   4. employees of partners in the applicant,
   and will devote sufficient time to the work of the applicant to carry out the responsibilities set out in paragraph 1.
3. The applicant must certify in a form that will be supplied by the Registrar that,
   1. the applicant is insured against professional liability in accordance with subsection 74 (1),
   2. the applicant is participating in the Indemnity Plan of the Ontario Association of Architects in accordance with clause 74 (2) (a) and the applicant’s practice is limited to professional activities covered by that Plan,
   3. the applicant has other insurance in accordance with clause 74 (2) (b),
   4. the applicant is not required to have professional liability insurance because any such insurance would be in respect of pollution hazards, nuclear hazards, aviation hazards or shipping hazards, or
   5. the applicant will comply with section 74 in the manner provided by that section by notifying each person to whom the applicant intends to provide professional engineering services that the applicant is not insured in accordance with the minimum requirements of that section. R.R.O. 1990, Reg. 941, s. 47; O. Reg. 81/06, s. 1.

Therefore, one could summarize the purpose of a Certificate of Authorization as A certificate of authorization permits a person or corporation (a holder) to engage in the business of providing services that are within the practice of professional engineering while ensuring that a professional engineer has both assumed responsibility and will supervise the service and that the holder is either sufficiently insured against professional liability or has informed the client that the holder is is not insured.

Consulting Engineer

From Ontario Regulation 941, Section 59 states that a Member who has been designated or redesignated as a consulting engineer may use the title "consulting engineer" or a variation thereof...so long as the Member is in the independent practice of professional engineering...

Section 67 states only a Member designated by the Council may use the title "consulting engineer".

Ontario Regulation 941 56(1) states the Council shall designate as a consulting engineer every applicant for the designation who,

• is a Member;
• is currently engaged, and has been continuously engaged, for not less than two years...in the independent practice of professional engineering in Canada;
• has, since becoming a Member, had five or more years of professional engineering experience that is satisfactory to the Council;
• has passed the examinations prescribed by the Council or has been exempted therefrom, pursuant to subsection (2).

Therefore, one could summarize the purpose of the Consulting Engineering Title as A title recognizing at least two years continuous experience in the independent practice of professional engineering.

48. The practice of stamping an original drawing exposes a P.Eng. to liability. Why is it not a good practice to release drawings which bear only a photocopy of the practitioner's stamp and signature.

From the Ontario Regulation 941, 53. Every holder of any licence who provides to the public a service that is within the practice of professional engineering shall sign, date and affix the holder's seal to every final drawing, specification, plan, report or other document prepared or checked by the holder as part of the service before it is issued.

From the PEO website, this is elaborated as:

...the seal is important because it implies a commitment to the standards of the profession and signifies to the public that a particular P.Eng. has accepted professional responsibility for the document. Should any errors be found, the engineer who seals the document is answerable to PEO, their client and any agency relying on them.

Suppose a practitioner is in the habit of sealing the original document and distributing photocopies. Annotations could easily be made to the photocopy and then a photocopy of that photocopy could make the changes undetectable. A third party could then receive these altered documents and use them under the impression that they were the originals approved by the practitioner. This practice, therefore, could be considered, a negligent omission, professional misconduct under 72(2)(m) permitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional engineering except as provided for in the Act or the regulations.