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: Discipline_Committee.pdf [1, 2].

Once a complaint has been referred to the Discipline Committee, the committee will hear and determine allegations of professional misconduct or incompetence against a licensee or a holder of a certificate of authorization. This begins with a meeting between the lawyer representing PEO and the practitioner possibly arriving at a agreed statement of facts and possibly includes negotiation. The format is a public hearing similar to that of a court case, for example, witnesses are sworn before giving testimony. A panel of five members of the Discipline Committee will determine the guilt or innocence. If the panel determines that the practitioner is guilty of professional misconduct or incompetence, they will proceed with determining the appropriate penalty.

Professional Misconduct

The Discipline Committee may find a licensee or holder of a certificate of authorization guilty of professional misconduct if the licensee or holder has been:

• Found guilty of a relevant offence, or
• Found guilty in the opinion of the Discipline Committee according to the definition found in the regulations.

Incompetence

The Discipline Committee may find a licensee incompetent if in its opinion:

• the licensee 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 licensee is unfit to carry out the responsibilities of a professional engineer; or
• the licensee is suffering from a physical or mental condition or disorder...making it desirable in the interests of the public or licensee that the licensee no longer be permitted to engage in or have his or her practice of professional engineering be restricted.

Penalties

Possible penalties, as described in the Professional Engineers Act, Section 28. (4), include:

• revoke the licence or certificate of authorization;
• suspend the licence or certificate of authorization for a stated period (≤ 24 months);
• limit the professional work to the extent specified;
• impose terms, conditions or limitations including but but not limited to the successful completion of a particular course or courses of study;
• impose specific restrictions including but not limited to:
• requiring the licensee or holder 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 licensee or holder 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 a reprimand, admonishment or counselling;
• revoke or suspend designations such as a specialist, consulting engineer or otherwise;
• impose such fine to a maximum of $5,000;
• direct that the finding and the order be published in detail or in summary and either with or without including the name of the licensee or holder in Engineering Dimensions;
• fix and impose costs to be paid;
• 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 of a particular course or courses of study,
• the production 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.

Publishing of Cases

The results of discipline cases are published in Engineering Dimensions as well as on the PEO web site: In the mater of a....

References

[1] Professional Engineers Act R.S.O. 1990, CHAPTER P.28
[2] Professional Engineers Act General R.R.O. 1990, Regulation 941
[3] Making a Complaint: A Public Information Guide