Complaints, Discipline and Enforcement
Professional Engineers of Ontario
Complaints, Discipline
and Enforcement
Douglas Wilhelm Harder, M.Math.
Department of Electrical and Computer Engineering
University of Waterloo
WATERLOO
ELECTRICAL AND
WATERLOO
COMPUTER
ENGINEERING
ELECTRICAL AND
COMPUTER ENGINEERING
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Complaints, Discipline and Enforcement
Outline
This talk focuses on the issues with complaints,
discipline and enforcement related to PEO
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Professional misconduct
Incompetence
Penalties
Reporting
Enforcement
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
2
Complaints, Discipline and Enforcement
Background
The Professional Engineers Act gives authority to the
PEO to investigate misconduct and incompetence with
the following relevant sections:
23.
24.
25.
26.
27.
28.
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31.
Complaints Committee
Duties of Complaints Committee
Complaints Review Councillor
Powers of Complaints Review Councillor
Discipline Committee
Duties and powers of Discipline Committee
Stay of decision on appeal
Discipline proceedings
Appeal to court
WATERLOO
ELECTRICAL AND
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Complaints, Discipline and Enforcement
Professional Misconduct
A member or a holder of a certificate or licence may be
found guilty of professional misconduct by the
Committee if
(a) the member or holder has been found guilty of an offence
relevant to suitability to practise, upon proof of such conviction;
(b) the member or holder has been guilty in the opinion of the
Discipline Committee of professional misconduct as defined in
the regulations.
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
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Complaints, Discipline and Enforcement
Incompetence
The Discipline Committee may find a member or a
holder of a licence to be incompetent if in its opinion,
(a) the member or holder has displayed in his or her professional
responsibilities a lack of knowledge, skill or judgment or
disregard for the welfare of the public ... that demonstrates the
member or holder is unfit to carry out the responsibilities of a
professional engineer; or
(b) the member or holder is suffering from a ... condition or disorder
... making it desirable in the interests of the public or the
individual that the individual no longer be permitted to engage in
the practice of professional engineering or ... be restricted.
WATERLOO
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Complaints, Discipline and Enforcement
Results of Discipline
Where the Discipline Committee finds a member ... or a
holder ... guilty of professional misconduct or to be
incompetent it may, by order
(a)
(b)
(c)
(d)
revoke the licence or certificate of authorization
suspend the licence or certificate of authorization
limit the professional work to an extent specified
impose terms, conditions or limitations including taking particular
courses
(e) impose specific restrictions including requiring supervision and
direction, collaboration, periodic inspections, and/or reporting
(f) reprimand, admonish, or counsel possibly with record
(g) revoke or suspend designations as specialist or consulting
WATERLOO
ELECTRICAL AND
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Complaints, Discipline and Enforcement
Results of Discipline
(h) impose fines
(i) publish the findings and order either with or without including the
names
(j) fix and impose costs to the Association
(k) Direct that penalties be suspended or postponed based on terms
possibly including
(i) the taking of particular courses
(ii) evidence that any physical or mental incapacity has been
overcome
or any combination of them
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
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Complaints, Discipline and Enforcement
Reporting
Practitioners should, where possible, raise concerns
internally and attempt to resolve the problem
If there is no resolution, the situation and concerns with
evidence and consequences must be reported to the
Office of the Registrar of PEO
– The information will, at this point, be treated as confidential
The Registrar will attempt to contact the employer/client
If appropriate, the Registrar may report, review, request
action and then follow up on the situation
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
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Complaints, Discipline and Enforcement
Enforcement
• Enforcement occurs against individuals or companies
not licensed to practice engineering
• Individuals implying they are professional engineers by
using the terms professional engineer, P.Eng., or (with
exceptions) engineer or a seal will be prosecuted
– First, PEO applies to an Ontario Court judge for a cease and
desist contraventions of the Professional Engineers Act order
– A first offence may have a fine up to $10 000
– Subsequent offences may have fines up to $50 000
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
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Complaints, Discipline and Enforcement
Summary
This talk focuses the discipline
– The processes is outlined in the Professional Engineers Act
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
10
Complaints, Discipline and Enforcement
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] Complaints, Discipline and Enforcement,
http://members.peo.on.ca/index.cfm/ci_id/16760/la_id/1.htm
[4] Duty to Report
http://www.peo.on.ca/complaints/duty_to_report.pdf
WATERLOO
ELECTRICAL AND
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Complaints, Discipline and Enforcement
Copyright and Disclaimer
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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
Sincerely,
WATERLOO
ELECTRICAL AND
COMPUTER ENGINEERING
Douglas Wilhelm Harder, MMath
dwharder@alumni.uwaterloo.ca
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