Updated for 2010 Changes to the Professional Engineers Act
These web pages have been updated to include both
enacted and pending changes due to the Open for Business Act, 2010. Note
that some changes will not be in force until proclaimed by the Lieutenant
Governor; for example, the putting into force the end of the industrial
exemption has been delayed numerous times.
Disclaimer
All information on this website is provided without any warranty to its correctness.
The material on these pages reflects Douglas Wilhelm Harder's best judgment in
light of the information available to him at the time of its preparation. Any
use which a third party makes of these pages, on any reliance on or decision to
be made based on it, are the responsibility of such third parties. Douglas W. Harder
accepts no responsibility for damages, if any, suffered by any third party as a result
of decisions made or actions based on these pages.
A summary of the relevant statutes and regulations: Certificates_of_Authorization.pdf.
The second means by the Association regulates the industry of professional
engineering is by issuing Certificates of Authorization (Cs of A). While
a licence authorizes an individual to practice the profession of professional
engineering, it requires a C of A for a practitioner or business organization
to offer engineering services to the public.
One of the key additional requirements for an entity to offer engineering
services to the public is that it involves liability to a party which may be
adversely affected by the services provided and hence requires some form
of insurance.
A licenced engineer can practice their profession as:
- An employee of another business organization,
- An owner of a business organization, or
- As an individual for personal projects;
however, this does not permit the individual to offer his or her services
to the public.
Any business organization or professional engineer may apply for a C of A and
Ontario Regulation 941 states the requirements:
- Designation of a professional engineer who is responsible for and
who will supervise the services provided by the applicant,
- The status of the designant within the organization, and
- Have appropriate insurance
The services must be provided under the supervision and responsibility of
one or more designated professional engineers. In addition, it requires that these
designants must each have five years of engineering experience following the conferral
of their degrees. That is, possession of a C of A requires supervision, responsibility,
and experience. In addition, the designants must be:
- the applicant,
- employees of the applicant,
- partners in the applicant, or
- employees of partners in the applicant
and this must include a statement that these designants will devote sufficient time
for the work described.
Finally, the applicant must have sufficient insurance with two exceptions:
- The applicant is uninsurable due to practice, e.g., pollution, nuclear,
aviation, or shipping hazards; or
-
- The applicant will notify each person to whom the applicant intends to
provide services that the applicant is not insured.
Cs of A are valid for one year after which they may be renewed on an annual basis
with the one exception: if all the designants are holders of temporary licences, the
C of A up until the furthest expiry date or one year, whichever is less.
If a C of A is issued to a business organization, if all of the designants leave
the employment or partnership, the C of A must be returned to PEO.
References
[1] Professional Engineers Act R.S.O. 1990, CHAPTER P.28
[2] Professional Engineers Act General R.R.O. 1990, Regulation 941