The Engineering Profession The Engineering Profession Douglas Wilhelm

The Engineering Profession The Engineering Profession Douglas Wilhelm

The Engineering Profession The Engineering Profession Douglas Wilhelm Harder, M.Math. Department of Electrical and Computer Engineering University of Waterloo WATERLOO ELECTRICAL AND WATERLOO COMPUTER ENGINEERING ELECTRICAL AND COMPUTER ENGINEERING 1 The Engineering Profession Outline This talk focuses on the profession and the Association

What is a profession? The engineering profession The Professional Engineers Act and Ontario Regulation 941 The objects of the Association An overview followed by Licensing (regular, temporary, provisional, and limited) Titles and abbreviations and the engineers seal Certificates of Authorization and consulting engineers Engineering interns and students Advertising A case study WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

2 The Engineering Profession What is a Profession? A definition of a profession: 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. Hon. H.A. MacKenzie Opening Address for the debate on the Professional Engineers Act Ontario Legislature, 1968 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 3 The Engineering Profession

What is a Profession? Other common characteristics Skills based on theoretical knowledge Extensive period of education and institutional training Work autonomy Public service High status and rewards Individual clients Middle-to-highclass occupations Mobility WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

4 The Engineering Profession What is a Profession? These characteristics have resulted in the following: Legal recognition Professional associations Testing of competence Licensed practitioners Code of Ethics Self-regulation Control of remuneration and advertising

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 5 The Engineering Profession The Engineering Profession Numerous definitions appear in Section 1 of the Professional Engineers Act, R.S.O. 1990, CHAPTER P.28 Professional engineer means a person who holds a licence... Licence means a licence to engage in the practice of professional engineering... The practice of professional engineering means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act. WATERLOO ELECTRICAL AND

COMPUTER ENGINEERING 6 The Engineering Profession The Engineering Profession Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that a. requires the application of engineering principles and b. concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act Planning was added in 2010 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 7 The Engineering Profession

The Engineering Profession Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that a. requires the application of engineering principles and b. concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 8 The Engineering Profession The Engineering Profession Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that a. requires the application of engineering principles and b. concerns the safeguarding of life, health, property,

economic interests, the public welfare, or the environment, or the managing of any such act Economic interest and the environment were added in 2010 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 9 The Engineering Profession The Engineering Profession Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that a. requires the application of engineering principles and b. concerns the safeguarding of life, health, property, economic interests, the public welfare, or the environment, or the managing of any such act This last clause was added in 2010

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 10 The Engineering Profession The Engineering Profession This last clause is new: It states that anyone who engages in the management of any act [of ...] that requires the application of engineering principles and concerns the safeguarding [of ...] requires a licence WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 11 The Engineering Profession The Act and Regulations

You are required to examine two documents: The Professional Engineers Act and Ontario Regulation 941 The relationship is given in Section 7 in the Act Regulations 7.(1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations... This is followed by 33 clauses... WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 12 The Engineering Profession Principal Object of the Association From Section 3 of the Act: ...to regulate the practice of professional engineering and to

govern its members, holders of certificates of authorization, and holders of [other] licences...in order that the public interest may be served and protected WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 13 The Engineering Profession Additional Objects of the Association Additional objects are stated in Section 4 of the Act To establish, maintain and develop standards of 1. knowledge and skill among its members. 2. qualification and practice for the practice of professional engineering 3. 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 upon the Association by or under any Act.

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 14 The Engineering Profession Overview Issues licences to individuals to engage in the practice of professional engineering The professional engineer is employed by a business organization to perform engineering services for the organization Issues certificates of authorization (CofA)

to individuals or business organizations to engage in the business of providing professional engineering services to the public At least one licenced professional engineer must responsibility for and supervises the services provided by the holder of a CofA The holder of the CofA provides professional engineering services to the public usually through contracts WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 15 The Engineering Profession Licences

The first means by the Association of regulating the industry of professional engineering is by issuing licences The scope of the services which may be offered by a professional engineer are limited by: The competence of the practitioner The type of licence issued WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 16 The Engineering Profession Licences The practitioner is required to ensure that he is competent to take on a particular engineering task Most licences do not limit the practices which may be engaged in Later, we will see that in the Code of Ethics 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 The definition of misconduct includes undertaking work the practitioner is not competent to perform by virtue of the practitioners training and experience WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 17 The Engineering Profession Licences The Association issues four types of licences: Regular Licence

Provisional Licence Temporary Licence Limited Licence WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 18 The Engineering Profession Regular Licence The requirements for a Regular Licence are specified in the Act 14(1) (a) at least 18 years old (b) From O.Reg. 941, has 1. 5. a bachelors degree in an accredited engineering program from a Canadian university or equivalent O.Reg. 941 33(1)(5) written the PPE

(c) From O.Reg. 941 33(1), has 2. 48 months of engineering experience 3. 4. at most 12 months of which is from co-op education placements 12 months of engineering experience in Canada (d) is of good character WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 19 The Engineering Profession Regular Licence The holder of a regular licence is also a member of Professional Engineers Ontario The licence does not specify the field of engineering in which the practitioner is to studyit is up to the

practitioner to ensure he or she is competent for the project WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 20 The Engineering Profession Provisional Licence The requirements for a Provisional Licence are specified in the Act 14(7) They are identical to that of a Regular Licence with the exception of paragraph 4 requiring 12 months of engineering experience in Canada Other restrictions from O.Reg. 941 44.1(2) 1. It is valid for 12 months 2. The holder must be supervised by a professional engineer and all final drawings, specifications, plans, reports or other documents must be signed and sealed by that supervisor

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 21 The Engineering Profession Temporary Licence A temporary licence is issued to professional engineers from other provinces or territories Restrictions are covered in O.Reg. 941 Sections 42, 43, 44 42. The temporary licence must specify: The project, employer or client, collaborating engineer, and time period 43. The requirement are the fee and one of residence in Canada and membership in an association with equal qualifications qualifications equal to that of Ontario wide recognition (a specialist) in field related to the project 44. Lists conditions for which collaboration is not required

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 22 The Engineering Profession Limited Licence A limited licence limits the practices of professional engineering which the holder may engage in Restrictions are covered in O.Reg. 941 Sections 45 and 46 Section 45 states the limited licence must specify the limitations and that the licence must be returned when the holder ceases to provide those services Section 46 states the requirement including

Education Experience Payment Writing the PPE Good character The right to regain the licence upon resumption of services WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 23 The Engineering Profession Titles and Abbreviations By O.Reg. 941 55.1, holders of regular, temporary, and limited licences may identify themselves with titles and abbreviations Type of Licence Title Abbreviation

Regular or Temporary Limited Professional engineer or Engineer Limited Engineering Licensee P.Eng. LEL WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 24 The Engineering Profession

Titles and Abbreviations Identifying oneself as an engineer (under most circumstances) is an offence according to the Act: 40(2)(a) Every person who is not a holder of a licence or a temporary licence and who uses the title professional engineer or an abbreviation or variation thereof as an occupational or business designation is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 25 The Engineering Profession The Engineers Seal A practitioner is contracted to prepare documents e.g., final drawings, specifications, plans, reports, etc. The practitioner indicates that he or she has prepared or

checked the document and takes responsibility for its content affixing his or her personal seal and signing and dating that seal It must be a signatureinitials are not sufficient The document is said to be sealed It is a statement to others that they can, with a high degree of confidence, depend upon the contents of the document for the furtherance of their projects WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 26 The Engineering Profession The Engineers Seal Guidelines: The date must be legible The original should be kept unsealed by the licensee, only copies should be sealed and distributed Documents prepared for an employer to be used in-house need not be sealed

Digital copies may have digital seals, though the document must then be protected by, for example, a digital document It is a mark of reliance, not a guarantee WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 27 The Engineering Profession The Engineers Seal The use of a seal by an unlicensed individual is an offence according to the Act: 40(2) c Every person who is not a holder of a licence or a temporary licence and who...uses a seal that will lead to the belief that the person is a professional engineer is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000 Misuse of the seal by a licenced practitioner

is defined as misconduct by O.Reg. 941 72(2)(e) Professional misconduct means... Signing or sealing a [drawing] not actually prepared or checked by the practitioner WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 28 The Engineering Profession Licences and Consulting Engineers We have examined the four types of licences which an individual can hold Regular licence (a member of PEO and a P.Eng.) Provisional licence Temporary licence

Limited Licence and the purpose of the engineers seal Many engineers work as employees Special designations may be given to those who engage in independent practice: consulting engineer WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 29 The Engineering Profession Consulting Engineer A Consulting Engineer is a designation and not a licence It identifies that the engineer has significant experience in independent practice where he or she has provided services directly to the public A recognition of experience, not technical knowledge Reference:

Alison Piper, What does it take to call yourself a consulting engineer? Engineering Dimensions, March/April 2001 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 30 The Engineering Profession Certificates of Authorization The second means by the Association of regulating the industry of professional engineering is by issuing Certificates of Authorization (C of A) A licence authorizes an individual to practice the profession of engineering It requires a C of A for a practitioner or business organization to offer engineering services to the public WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

31 The Engineering Profession Certificates of Authorization Professional engineers can practice their profession as An employee of another business organization An owner of a business organization As an individual for personal projects However, for a professional engineer or a business organization for whom he or she is employed to offer engineering services to the public, this requires a C of A A practitioner contracted to provide services to a business organization is not an employee and therefore the practitioner requires a C of A WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 32

The Engineering Profession Certificates of Authorization Either a professional engineer or a business organization (the applicant) may apply for a C of A The requirements for a C of A are given in Section 47 of O.Reg. 941: 47. The requirements and qualifications for the issuance of a certificate of authorization are: 1. 2. 3. 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 Have appropriate insurance The next three slides focus on these sections WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

33 The Engineering Profession Certificates of Authorization 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 ... or the completion of an equivalent engineering education WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 34 The Engineering Profession

Certificates of Authorization 2. The application for the certificate of authorization must state that the persons named in paragraph 1 are, i. ii. iii. iv. the applicant for the certificate of authorization, employees of the applicant, partners in the applicant, or 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 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 35 The Engineering Profession

Certificates of Authorization 3. The applicant must certify in a form that will be supplied by the Registrar that, the applicant i. ii. iii. iv. v. is insured against professional liability i.a.w. 74(1), is participating in the Indemnity Plan of the OAA..., has other insurance i.a.w. 74(2)(b), is not required to have professional liability insurance because...of pollution, nuclear, aviation or shipping hazards, or will comply with section 74...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 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

36 The Engineering Profession Certificates of Authorization Section 48 lists the information which must be supplied by the applicant of a C of A to the Registrar Section 49 indicates the duration of the C of A: (1) Subject to earlier expiry under subsection (2), a certificate of authorization, (a) is valid from the date of issue and expires one year after the last day of the month in which the certificate was issued; and (b) is renewable on the date of expiry... (2) Where the [designants] are all holders of temporary licences, a C of A expires on the latest date of expiry of the last to expire of such temporary licences. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING

37 The Engineering Profession Consulting Engineer The Act requires that Regulation 941 defines a consulting engineer: 7(1)23 providing for the designation of members of the Association as consulting engineers, prescribing the qualifications and requirements for designation as a consulting engineer, ... Regulation 941 has Sections 56-71 devoted to defining and regulating the definition of a consulting engineer WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 38 The Engineering Profession Consulting Engineer

56(1) The Council shall designate as a consulting engineer every applicant for the designation who, (a) is a Member; (b) is currently engaged, and has been continuously engaged, for not less than two years ... in the independent practice of professional engineering in Canada; (c) has ... had five or more years of professional engineering experience ...; (d) has passed the examinations prescribed ... WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 39 The Engineering Profession Consulting Engineer 60. For the purpose of this Regulation, a Member shall be deemed to be in the independent practice of professional engineering if the Member, (a) holds a certificate of authorization and is primarily engaged in

offering or providing services ... to the public; or (b) is a partner in or employee of a holder of a certificate of authorization, is designated ... as a person who will assume responsibility for and supervise the services ... and is primarily engaged in offering or providing ... services ... to the public. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 40 The Engineering Profession Engineering Interns and Students Two classes of persons whose interests are related to that of the Association include: Engineering Interns (EITs) Engineering Students These are defined in Sections 32.1 and 32.2, respectively, in Ontario Regulation 941

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 41 The Engineering Profession Engineering Interns The requirements for engineering interns are that the individual: Provides written notice Is enrolled in the Associations engineering intern program Has applied for a licence Meets or is enrolled to meet the academic requirements for a licence A fee of $75 per year

WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 42 The Engineering Profession Engineering Interns The privileges include: Membership in the local Chapter including: Voting rights in Chapter elections, and The possibility of serving as a Chapter executive Attending annual meetings of Members and meetings of the Council but no voting privileges Membership in committees unless blocked by the Act, the Regulations or the by-laws May receive: Notice of annual meetings, election results, and all engineeringintern-specific documents and information Issues of the Engineering Dimensions WATERLOO ELECTRICAL AND

COMPUTER ENGINEERING 43 The Engineering Profession Engineering Students The requirements for engineering students are that the individual: Signs up online Is enrolled in the Associations student program Student Membership Program (SMP) at www.peo.on.ca Is enrolled in an accredited Canadian engineering program No membership fee Access to http://www.engineeringstudents.peo.on.ca/ WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 44

The Engineering Profession Engineering Students The privileges include: Attending annual meetings of Members and meetings of the Council but no voting privileges Attend local Chapter events May receive: Notice of annual meetings, election results, and all engineeringstudent-specific documents and information Issues of the Engineering Dimensions (electronic version) WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 45 The Engineering Profession Advertising 75. A Member or holder of others licences or a certificate of authorization may advertise only: (a) in a professional and dignified manner

(b) in a factual manner without exaggeration (c) in a manner that does not directly or indirectly criticize a Member or holder or an employer of a Member or holder; and (d) without reference to or use of the professional seal of the Member or holder or the seal of the Association Recall 72(g): professional misconduct means breach of...regulations, other than an action that is solely a breach of the code of ethics WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 46 The Engineering Profession Case Study From Journal of Commerce: Western Canadas Construction Newspaper Professional Engineers Ontario wins court order banning Toronto man The Professional Engineers Ontario (PEO) has obtained a court order against a Toronto man, X, requiring that he refrain from engaging in the practice of professional engineering. X and his company, Y Inc., also have been ordered to refrain from providing professional engineering services to the public and from using an engineering seal, PEO said. In a statement, PEO said an investigation revealed that X and Y Inc. had provided engineering drawings and documents to a contractor

and a local building department that purported to bear the engineering seals and signatures of two professional engineers. This was done in support of a shoe store renovation in the Z area. X and Y Inc. were also ordered to pay costs to PEO in the amount of $3,000. PEO said X has never held a license to practise professional engineering and neither he nor Y Inc. have ever held a certificate of authorization (C of A) in Ontario. The order was obtained under the Professional Engineers Act in the Ontario Superior Court of Justice, Toronto. Under the act, only individuals who are licensed by PEO may engage in the practice of professional engineering. Further, only those individuals or entities who hold a certificate of authorization from the provincial engineering association may offer or provide professional engineering services to the public. The order was sought after a complaint was received by PEO from two professional engineers who reported that copies of their engineering seals and signatures were placed on electrical and mechanical engineering drawings filed with the local building department without their knowledge or consent. A PEO spokesman said the association on average engages in two such prosecutions a year. There was one such prosecution last year, one in 2007 and three in 2006. Professional Engineers Ontario administers the Professional Engineers Act. It grants licenses to practise professional engineering and offer engineering services to the public under certificates of authorization. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 47

The Engineering Profession Summary This talk focused on the engineering profession The characteristics of a profession The engineering profession The Professional Engineers Act and Ontario Regulation 941 The objects of the Association Aspects of the profession including:

Licensing (regular, temporary, provisional, and limited) Titles and abbreviations The engineers seal Certificates of Authorization Consulting engineers Engineering interns and students Advertising WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 48 The Engineering Profession References [1] Professional Engineers Act R.S.O. 1990, CHAPTER P.28 http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p28_e.htm [2] Professional Engineers Act General R.R.O. 1990, Regulation 941. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900941_e.htm

[3] What is Professional Engineering? http://www.peo.on.ca/registration/LR.html [4] Frequently Asked Questions about Professional Practice http://www.peo.on.ca/public/FAQ_of_ProfessionalPractice.html [5] Use of the Professional Engineers Seal http://www.peo.on.ca/Guidelines/UseOfTheProfEngSeal2010.pdf [6] JOC News Service, Professional Engineers Ontario wins court order banning Toronto man, Journal of Commerce, August 26, 2009. http://www.journalofcommerce.com/article/id35069 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 49 The Engineering Profession Copyright and Disclaimer

These slides are Copyright 2010 by Douglas Wilhelm Harder. All rights reserved. These slides are made publicly available on the web for anyone to use No warranty is given that any information in these slides is correct The use of these slides in studying for the PPE is fully at your own risk If you choose to use them, or a part thereof, for a course at another institution, I ask only three things: That you inform me that you are using the slides, That you acknowledge my work, and That you alert me of any mistakes which I made or changes which you make, and allow me the option of incorporating such changes (with an acknowledgment) in my set of slides WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Sincerely, Douglas Wilhelm Harder, MMath

[email protected] 50

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