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Advertising

Updated for 2010 Changes to the Professional Engineers Act

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

Disclaimer

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

The federal Competition Act already lists a number of advertising practices which are recognized as being criminal and therefore, with sufficient evidence, those individuals will be prosecuted criminally. Many of these deal with misrepresentations to the public.

A summary of the relevant statutes and regulations: Advertising.pdf.

Professional engineers are allowed to advertise their services; however, they are not only restricted by the Competition Act, but they are also bound by O.Reg. 941 Section 75 which says:

75. A Member or holder of a temporary, provisional, or limited licence or 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 follow these regulations is misconduct by 72(2)(g) breach of the Act or regulations, other than an action that is solely a breach of the code of ethics.

This preserves the professional presentation of the engineering profession to the public. Exaggeration may lead to negative public opinion and from the Code of Ethics, we have 77.2.ii A practitioner shall endeavour at all times to enhance the public regard for the practitioner's profession by...discouraging untrue, unfair or exaggerated statements with respect to professional engineering.

Examples

The PEO handout Advertising Information for Certificate of Authorization Holders includes a list of items where by advertising may be considered inappropriate if it:

  • claims a greater degree or extent of responsibility for a specified project or projects than is in fact;
  • fails to give appropriate indications of cooperation by associated firms or individuals involved in specified projects;
  • implies, by word or pictures, engineering responsibility for a proprietary product or equipment design;
  • denigrates or belittles another professional’s projects, firms or individuals;
  • exaggerates claims as to the performance of the project; or
  • illustrates portions of the project for which the advertiser has no responsibility, without appropriate disclaimer, thus implying greater responsibility than is factual.

References