Professional Engineers Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections87

• 1Definitions

  1 In this Act, “Academic Requirements Committee” means the academic requirements committee appointed pursuant to the regulations; (“comité de vérification des diplômes”) “architect” means a person who holds a licence, certificate of practice or a temporary licence under the Architects Act; (“architecte”) “Association” means the Association of Professional Engineers of Ontario; (“Ordre”) “by-laws” means by-laws made under this Act; (“règlements administratifs”) “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; (“certificat d’autorisation”) “Complaints Review Councillor” means the complaints review councillor appointed under this Act; (“conseiller médiateur”) “Council” means the Council of the Association; (“Conseil”) “Experience Requirements Com…

• 1.
• 2Association

  2 (1) The Association of Professional Engineers of the Province of Ontario, a body corporate, is continued as a corporation without share capital under the name of Association of Professional Engineers of Ontario in English and Ordre des ingénieurs de l’Ontario in French. R.S.O. 1990, c. P.28, s. 2 (1). (2) Repealed: 2010, c. 16, Sched. 2, s. 5 (3). Principal object (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. R.S.O. 1990, c. P.28, s. 2 (3); 2001, c. 9, Sched. B, s. 11 (2). Additional objects (4) For the purpose of carrying out its principal object, t…

• 2.
• 3Council of Association

  3 (1) The Council of the Association is continued and shall be the governing body and board of directors of the Association and shall manage and administer its affairs. R.S.O. 1990, c. P.28, s. 3 (1). Composition of Council (2) The Council shall be composed of, (a) 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; (b) 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; (c) 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 (d) the holders of offices prescribed by the regulations wh…

• 3.
• 4Annual meetings

  4 The Association shall hold an annual meeting of the members of the Association not more than fifteen months after the holding of the last preceding annual meeting. R.S.O. 1990, c. P.28, s. 4.

• 4.
• 5Membership

  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. Resignation of membership (2) A member may resign his or her membership by filing with the Registrar a resignation in writing and his or her licence is thereupon cancelled. R.S.O. 1990, c. P.28, s. 5; 2017, c. 34, Sched. 34, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 34, s. 1 - 14/12/2017

• 5.
• 6Powers of Minister

  6 In addition to his or her other powers and duties under this Act, the Minister may, (a) review the activities of the Council; (b) request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act; (c) advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures. R.S.O. 1990, c. P.28, s. 6.

• 6.
• 7Regulations

  7 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 1. fixing the number of members to be elected to the Council under clause 3 (2) (a) and defining constituencies, and prescribing the number of representatives; 2. respecting and governing the qualifications, nomination, election and term or terms of office of the members to be elected to the Council, and controverted elections; 3. prescribing the conditions disqualifying members of the Council from sitting and governing the filling of vacancies on the Council; 4. prescribing positions of officers of the Association and providing for their election or appointment; 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 appo…

• 7.
• 8By-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, 1. prescribing the seal and other insignia of the Association and providing for their use; 2. providing for the execution of documents by the Association; 3. respecting banking and finance; 4. fixing the financial year of the Association and providing for the audit of the accounts and transactions of the Association; 5. respecting the calling, holding and conducting of meetings of the Council and the duties of members of Council; 6. providing for meetings of the Council and committees, except in a proceeding in respect of a membership, certificate of authorization, temporary licence, provisional licence or limited licence, by means of conference telephone or other communications …

• 8.
• 9Official publication

  9 The Council shall establish and designate an official publication of the Association. R.S.O. 1990, c. P.28, s. 9.

• 9.
• 10Establishment of committees

  10 (1) The Council shall establish and appoint the following committees: (a) Executive Committee; (b) Academic Requirements Committee; (c) Experience Requirements Committee; (d) Registration Committee; (e) Complaints Committee; (f) Discipline Committee; (g) Fees Mediation Committee, and may establish such other committees as the Council from time to time considers necessary. Vacancies (2) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than the prescribed quorum. R.S.O. 1990, c. P.28, s. 10.

• 10.
• 11Executive Committee

  11 The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than to make, amend or revoke a regulation or a by-law. R.S.O. 1990, c. P.28, s. 11. When licences or certificates required

• 11.
• 12Licensing requirement

  12 (1) 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 unless the person is the holder of a licence, a temporary licence, a provisional licence or a limited licence. R.S.O. 1990, c. P.28, s. 12 (1); 2001, c. 9, Sched. B, s. 11 (16). Certificate of authorization (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. R.S.O. 1990, c. P.28, s. 12 (2). Exceptions (3) Subsections (1) and (2) do not apply to prevent a person, (a) from doing an act that is within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of …

• 12.
• 13Corporation

  13 A corporation that holds a certificate of authorization may provide services that are within the practice of professional engineering. R.S.O. 1990, c. P.28, s. 13.

• 13.
• 14Issuance 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: 2010, c. 16, Sched. 2, s. 5 (19). (b) is not less than eighteen years of age; (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; (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 (e) is of good character. R.S.O. 1990, c. P.28, s. 14 (1); 2010, c. 16, Sched. 2, s. 5 (19-21). Grounds for refusal, suspension or revocation (2) The Registrar may refuse to iss…

• 14.
• 15Issuance of certificate of authorization

  15 (1) The Registrar shall issue a certificate of authorization to a natural person, a partnership or a corporation that applies therefor in accordance with the regulations if the requirements and qualifications for the issuance of the certificate of authorization set out in the regulations are met. R.S.O. 1990, c. P.28, s. 15 (1). General and standard certificate (2) Where the Registrar proposes to issue a certificate of authorization to an applicant, the Registrar shall issue a standard certificate of authorization or, where the primary function of the applicant is or will be to provide to the public services that are within the practice of professional engineering and the applicant requests a general certificate of authorization, the Registrar shall issue a general certificate of authorization to the applicant. R.S.O. 1990, c. P.28, s. 15 (2). Partnership of corporations (3) The Regis…

• 15.
• 16.Issuance of licence or certificate of authorization on direction of Council

  16. The Registrar shall issue a licence or a certificate of authorization upon a direction of the Council made in accordance with a recommendation by the Joint Practice Board. R.S.O. 1990, c. P.28, s. 16.

• 17Supervision under certificate of authorization

  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. R.S.O. 1990, c. P.28, s. 17 (1); 2010, c. 16, Sched. 2, s. 5 (30). Professional responsibility of supervising engineer (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 serv…

• 17.
• 18Issuance 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. 2001, c. 9, Sched. B, s. 11 (20); 2010, c. 16, Sched. 2, s. 5 (32). Grounds for refusal, suspension or revocation (2) The Registrar may refuse to issue or may suspend or revoke a temporary licence, a provisional licence or a limited licence where the Registrar is of the opinion, upon reasonable and probable grounds, (a) that the past conduct of the applicant for or the holder of the temporary licence, the provisional licence or the limited licence affords grounds for the belief that the applicant or holder will not engage in the practice of professional…

• 18.
• 19Notice of proposal to not issue or to revoke, suspend

  19 (1) If the Registrar proposes any of the following, the Registrar shall serve notice of the proposal, together with written reasons, on the applicant: 1. A refusal to issue, or a suspension or revocation of, a licence under subsection 14 (2). 2. A refusal to issue, or a suspension or revocation of, a certificate of authorization under subsection 15 (8). 3. A refusal to issue, or a suspension or revocation of, a temporary licence, provisional licence or limited licence under subsection 18 (2). 2017, c. 34, Sched. 34, s. 7 (1). Exception (2) Subsection (1) does not apply in respect of a proposal to refuse to issue a licence, a temporary licence, a provisional licence or a limited licence where the applicant previously held a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence that was suspended or revoked as a result of a decision of …

• 19.
• 19.1Registration 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 Minister. 2. At least three members of the Association. 2010, c. 16, Sched. 2, s. 5 (39); 2023, c. 20, Sched. 15, s. 9. Quorum (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. 2010, c. 16, Sched. 2, s. 5 (39). Chair, vice-chair (3) The Registration Committee shall name one of its members as chair, and another as vice-chair, of the Registration Committee. 2010, c. 16, Sched. 2, s. 5 (39). Same (4) Any power, duty or function of the…

• 20.
• 20Fiduciary, etc., relationship between corporation and client

  20 A corporation that holds a certificate of authorization has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation that exist at law between a member of the Association and his client. R.S.O. 1990, c. P.28, s. 20.

• 21.
• 20.1Engineering 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. 2010, c. 16, Sched. 2, s. 5 (40). 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. 2010, c. 16, Sched. 2, s. 5 (40). 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. 2010, c. 16, Sched. 2, s. 5 …

• 22.
• 21Registers

  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. 3.1 The date of every hearing held before the Discipline Committee in respect of which a notice of hearing is sent on or after the day Schedule 34 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 comes into force, and a record of every decision made at such a hearing, including the date on which the decision was issued, the penalty that was impose…

• 23.
• 22Cancellation 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. R.S.O. 1990, c. P.28, s. 22 (1); 2001, c. 9, Sched. B, s. 11 (28); 2010, c. 16, Sched. 2, s. 5 (42); 2017, c. 34, Sched. 34, s. 9. Reinstatement (2) A person who was a member of the Association or a holder of a certificate of authorization, temporary licence, provisional licence or limited licence whose licence, certificate of authorization, temporary licence, provisional licence or limited licence was cancelled by the Registrar under subsection (1) is entitled to have the licence, certificate of authorization, te…

• 24.
• 22.1Former members, holders

  22.1 (1) A member who resigns or a holder of a licence, temporary licence, provisional licence, limited licence or certificate of authorization that is cancelled or revoked continues to be subject to the jurisdiction of the Association in respect of any professional misconduct or incompetence referable to a time when the person was a member or holder. 2017, c. 34, Sched. 34, s. 10. During suspension (2) For greater certainty, a person whose licence, temporary licence, provisional licence, limited licence or certificate of authorization is suspended remains subject to the continuing jurisdiction of the Association for all purposes under this Act. 2017, c. 34, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 34, s. 10 - 14/12/2017

• 23Complaints 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 Minister. 2. At least two members of the Association. 2010, c. 16, Sched. 2, s. 5 (43); 2023, c. 20, Sched. 15, s. 9. Same (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee. R.S.O. 1990, c. P.28, s. 23 (2). Chair (3) The Council shall name one member of the Complaints Committee to be chair. R.S.O. 1990, c. P.28, s. 23 (3). Quorum (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), constitute a quorum. R.S.O. 1990, c. P.2…

• 24Duties 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, a temporary licence, a provisional licence or a limited licence, but no action shall be taken by the Committee under subsection (2) unless, (a) 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 (b) the Committee has examined or has made every reasonable effort to examine all records and other documents relating to …

• 27.
• 25.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 Minister. 2010, c. 16, Sched. 2, s. 5 (45); 2023, c. 20, Sched. 15, s. 9. Same (2) The Complaints Review Councillor is not eligible to be a member of the Complaints Committee or the Fees Mediation Committee. R.S.O. 1990, c. P.28, s. 25 (2). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (45) - 25/10/2010 2023, c. 20, Sched. 15, s. 9 - 04/12/2023 Powers of Complaints Review Councillor

• 28.
• 26.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. R.S.O. 1990, c. P.28, s. 26 (1); 2010, c. 16, Sched. 2, s. 5 (46). Review by Complaints Review Councillor (2) Where a complaint respecting a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence has not been disposed of by the Complaints Committee within ninety days after the complaint is filed with the Registrar, upon application by the complainant or on his or her own initiative the Complaints Review Councillor may review the treatment of the complaint by the Complaints Committee. R.S.O. 1990, c. P.28, s. 26 (2); 2001, c. 9, Sched. B, s. 11 (31). Application to Complaints Review Councillor (3) A complainant who is not satisfied with the handling by the Complai…

• 27Discipline 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 Minister. 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 Minister. 4. At least three members of the Association each of whom has at least 10 years experience in the practice of professional engineering. 2010, c. 16, Sched. 2, s. 5 (59); 2023, c. 20, Sched. 15, s. 9. Quorum (2) One of each of the persons appointed under paragraphs 1, 2, 3 and 4 of subsection (1) constitute a q…

• 27. #29
• 27.1Reference 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. 2010, c. 16, Sched. 2, s. 5 (60). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 5 (60) - 15/08/2012 Duties and powers of Discipline Committee

• 28Duties of Discipline Committee

  28 (1) The Discipline Committee shall, (a) 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, a temporary licence, a provisional licence or a limited licence; (b) hear and determine matters referred to it under section 24, 27.1, 33 or 37; and (c) perform such other duties as are assigned to it by the Council. R.S.O. 1990, c. P.28, s. 28 (1); 2001, c. 9, Sched. B, s. 11 (35); 2010, c. 16, Sched. 2, s. 5 (61); 2023, c. 20, Sched. 15, s. 5. Professional misconduct (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 be…

• 32.
• 29.Stay of decision on appeal

  29. (1) Where the Discipline Committee revokes, suspends or restricts a licence, temporary licence, provisional licence or limited licence on the grounds of incompetence, the decision takes effect immediately even if an appeal is taken from the decision, unless the court to which the appeal is taken otherwise orders, and, where the court is satisfied that it is appropriate in the circumstances, the court may so order. R.S.O. 1990, c. P.28, s. 29 (1); 2001, c. 9, Sched. B, s. 11 (42). Stay of decision on appeal, professional misconduct (2) Where the Discipline Committee revokes, suspends or restricts a licence or a certificate of authorization, temporary licence, provisional licence or limited licence on grounds other than for incompetence, the order does not take effect until the time for appeal from the order has expired without an appeal being taken or, if taken, the appeal has been di…

• 33.
• 30.Discipline proceedings

  30. (1) In proceedings before the Discipline Committee, the Association and the member of the Association or the holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence whose conduct is being investigated in the proceedings are parties to the proceedings. R.S.O. 1990, c. P.28, s. 30 (1); 2001, c. 9, Sched. B, s. 11 (44). Examination of documentary evidence (2) A member or holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. P.28, s. 30 (2); 2001, c. 9, Sched. B, s. 11 (45). Members holding hear…

• 31.Appeal to court

  31. (1) A party to proceedings before the Registration Committee or the Discipline Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from. Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and as the court considers proper, and for such purposes…

• 32Fees Mediation Committee

  32 (1) No person who is a member of the Complaints Committee or the Discipline Committee shall be a member of the Fees Mediation Committee. R.S.O. 1990, c. P.28, s. 32 (1). Duties of Fees Mediation Committee (2) The Fees Mediation Committee, (a) shall, unless the Committee considers it inappropriate to do so, mediate any written complaint by a client of a member of the Association or of a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence in respect of a fee charged for professional engineering services provided to the client; and (b) shall perform such other duties as are assigned to it by the Council. R.S.O. 1990, c. P.28, s. 32 (2); 2001, c. 9, Sched. B, s. 11 (48). Arbitration by Fees Mediation Committee (3) The Fees Mediation Committee, with the written consent of all parties to the dispute, may arbitrate a dispute in respect of…

• 33Registrar’s investigation

  33 (1) Where the Registrar believes on reasonable and probable grounds that a member of the Association or a holder of a certificate of authorization, a temporary licence, provisional licence or limited licence has committed an act of professional misconduct or incompetence or that there is cause to refuse to issue or to suspend or revoke a certificate of authorization, the Registrar by order may appoint one or more persons to investigate whether such act has occurred or there is such cause, and the person or persons appointed shall report the result of the investigation to the Registrar. R.S.O. 1990, c. P.28, s. 33 (1); 2001, c. 9, Sched. B, s. 11 (50). Powers of investigator (2) For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certif…

• 34.Liability insurance

  34. It is a condition of every certificate of authorization that the holder of the certificate shall not offer or provide to the public services that are within the practice of professional engineering unless the holder is insured in respect of professional liability in accordance with the regulations. R.S.O. 1990, c. P.28, s. 34.

• 35.Insurance claims

  35. (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of professional engineering. Information re insurance claims (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar all documents that relate to a claim for indemnity in respect of the practice of professional engineering and that are in the possession or under the control of the insurer and have been prepared by a professional engineer and relate to engineering matters. Exception (3) Subsection (2) does not apply in respect of a document prepared by an insured person related to a claim for indemnity in respect of the practice of professional engineering by the insured person. Transmittal of information (4) The Registrar may forward any information referred to in subsection (2) to the Council or to such committee as the Registrar considers approp…

• 36.Surrender of revoked licence or certificate

  36. Where a licence, certificate of authorization, temporary licence, provisional licence or limited licence is revoked or cancelled, the former holder thereof shall forthwith deliver the licence, certificate of authorization, temporary licence, provisional licence or limited licence and related seal to the Registrar. R.S.O. 1990, c. P.28, s. 36; 2001, c. 9, Sched. B, s. 11 (54). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (54) - 28/02/2003 Application after revocation or suspension

• 40.
• 37.Application for licence, etc., after revocation

  37. (1) A person whose licence, certificate of authorization, temporary licence, provisional licence or limited licence has been revoked for cause under this Act, or whose membership has been cancelled for cause under a predecessor of this Act, may apply in writing to the Registrar for the issuance of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, but such application shall not be made sooner than two years after the revocation. R.S.O. 1990, c. P.28, s. 37 (1); 2001, c. 9, Sched. B, s. 11 (55). Removal of suspension (2) A person whose licence, certificate of authorization, temporary licence, provisional licence or limited licence has been suspended for cause under this Act, or whose membership has been suspended for cause under a predecessor of this Act, may apply in writing to the Registrar for the removal of the suspension, but, wher…

• 38.Confidentiality

  38. (1) Every person engaged in the administration of this Act, including any person making an examination or review under section 26 or an investigation under section 33, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties, employment, examination, review or investigation and shall not communicate any such matters to any other person except, (a) as may be required in connection with the administration of, (i) this Act and the regulations and by-laws, or (ii) the Architects Act, and the regulations and by-laws under that Act, or any proceedings under, (iii) this Act or the regulations, or (iv) the Architects Act, or the regulations under that Act; (b) to his or her counsel; or (c) with the consent of the person to whom the information relates. R.S.O. 1990, c. P.28, s. 38 (1). Non-application, disclosure by Registrar wher…

• 39.Order directing compliance

  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. R.S.O. 1990, c. P.28, s. 39 (1); 2001, c. 9, Sched. B, s. 11 (66). Appeal (2) An appeal lies to the Court of Appeal from an order made under subsection (1). R.S.O. 1990, c. P.28, s. 39 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (66) - 29/06/2001 Offences and penalties

• 40Offence, practice of professional engineering

  40 (1) Every person who contravenes section 12 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000. R.S.O. 1990, c. P.28, s. 40 (1). Offence, use of term “professional engineer”, etc. (2) Every person who is not a holder of a licence or a temporary licence and who, (a) uses the title “professional engineer” or “ingénieur” or an abbreviation or variation thereof as an occupational or business designation; (a.1) uses the title “engineer” or an abbreviation of that title in a manner that will lead to the belief that the person may engage in the practice of professional engineering; (b) uses a term, title or description that will lead to the belief that the person may engage in the practice of professional engineering; or (c) uses a seal that will lead to the belief tha…

• 41.Falsification of documents

  41. (1) Any person who makes or causes to be made a wilful falsification in a matter relating to a register or issues a false licence, certificate, temporary licence, provisional licence, limited licence or document with respect to registration is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. P.28, s. 41 (1); 2001, c. 9, Sched. B, s. 11 (61). Offences for false representation (2) Every person who wilfully procures or attempts to procure the issuance of a licence, a certificate of authorization, a temporary licence, a provisional licence or a limited licence under this Act by knowingly making a false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $10,000, and every person knowingly aiding …

• 42.Onus of proof respecting licensing

  42. Where licensing or the holding of a certificate of authorization, a temporary licence, a provisional licence or a limited licence or acting under and in accordance with a certificate of authorization under this Act is required to permit the lawful doing of an act or thing, if in any prosecution it is proven that the defendant has done the act or thing, the burden of proving that the defendant was so licensed or that the defendant held a subsisting certificate of authorization, temporary licence, provisional licence or limited licence or that the defendant acted under and in accordance with a certificate of authorization under this Act rests upon the defendant. R.S.O. 1990, c. P.28, s. 42; 2001, c. 9, Sched. B, s. 11 (64). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (64) - 28/02/2003

• 46.
• 43.Service of notice or document

  43. (1) A notice or document under this Act or the regulations is sufficiently given, served or delivered if delivered personally, electronically or by mail. R.S.O. 1990, c. P.28, s. 43 (1); 2023, c. 20, Sched. 15, s. 7. Same (2) Where a notice or document under this Act or the regulations is sent to a person by mail addressed to the person at the last address of the person in the records of the Association, there is a rebuttable presumption that the notice or document is delivered to the person on the tenth day after the day of mailing. R.S.O. 1990, c. P.28, s. 43 (2). Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 15, s. 7 - 04/12/2023

• 44.Registrar’s certificate as evidence

  44. Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the Association, is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal. R.S.O. 1990, c. P.28, s. 44. Immunity and indemnity

• 48.
• 45.Immunity of Association

  45. (1) No action or other proceeding for damages shall be instituted against the Association, a committee of the Association or a member of the Association or committee of the Association, or an officer, employee, agent or appointee of the Association for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power. Councillor indemnified in suits respecting execution of office (2) Every member of the Council, a committee of the Association and every officer and employee of the Association, and the person’s heirs, executors and administrators, and estate and effects, respectively, may, with the consent of the Association, given by the members of the Association, from time to ti…

• 49.
• 46Forms

  46 The Registrar may approve forms for the purposes of this Act and require their use. 2023, c. 20, Sched. 15, s. 8. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (65) - 28/02/2003 2002, c. 24, Sched. B, s. 25 - 01/01/2004 2023, c. 20, Sched. 15, s. 8 - 04/12/2023

• 47.Joint Practice Board

  47. (1) The Council shall appoint to the Joint Practice Board (composed of the chair, three members representing the Ontario Association of Architects and three members representing the Association of Professional Engineers of Ontario) the three members of the Joint Practice Board representing the Association and shall prescribe the term of each appointment. Recommendation (2) The Joint Practice Board may recommend to the Council that the Council direct the Registrar to issue a licence or a certificate of authorization to a holder of a certificate of practice issued under the Architects Act. Direction by Council (3) The Council, upon the recommendation of the Joint Practice Board, may direct the Registrar to issue a licence or a certificate of authorization to a holder of a certificate of practice under the Architects Act and, if the Council does not direct the issuance of the licence or…

• 48Annual report

  48 (1) No later than 120 days after the end of each financial year of the Association, the Council shall provide the Minister with a copy of an annual report for that year containing such information as the Minister requires. 2024, c. 28, Sched. 23, s. 2. Same (2) The Association shall make its annual report publicly accessible by publishing it on its website and by making it available as a document in paper format or in any other format, on request and at cost, to members of the public. 2024, c. 28, Sched. 23, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 28, Sched. 23, s. 2 - 04/12/2024

• 49Application 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. 2010, c. 15, s. 238 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 238 (2) - 19/10/2021 ______________

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• 49. #53