V. Professional Law (8.5%)

5.1 The Acts, Regulations, and Bylaws of Provincial and Territorial Regulators, 5.2 Admission to the Professions, 5.3 Illegal Practice, Enforcement Against Unlicensed Practice, and Misuse of Title, 5.4 Professional and Technical Societies

Good Character Guideline

• Good character connotes moral and ethical strength

• Potential impediments to acceptance:

  • Record for professional misconduct, professional misconduct or contravention of APEGS.

  • Commission of a criminal offence.

  • Found at fault in civil action relating to negligence in professional practice.

  • Willfully obtains or attempts to obtain registration by cheating, false statements or other impropriety.

Registration Requirements for P.Engg

• Assessment of education

• Assessment of experience

• Professional practice exam

• References

• Good character

Registration is required in each province in which the individual and corporation is practicing the profession.

Detailed Roles of Engineers Canada

1. Accrediting engineering programs.

2. Facilitating working relationships between the regulators.

3. Providing services/tools that enable the assessment of engineering qualifications, improve engineering practice and regulation, and facilitate mobility within Canada.

4. Offering national programs.

5. Advocating to the federal government.

6. Monitoring, researching, and advising on change that impact the regulatory environment and profession.

7. Managing risks/opportunities associated with international mobility. (Work or engineers).

8. Fostering recognition of the value of engineering to society and advertising to youth.

9. Promoting diversity and inclusivity in the profession.

10. Protecting any word(s), mark, design, slogan, or logo, or any literary, or other work, as the case may be, pertaining to the engineering profession or to its objects.

Interprovincial Mobility Agreements

• A professional in one province can apply directly as a professional in others (reciprocity agreements).

• Must be a member in good standing.

• Must agree to exchange of personal information between host and home associations.

• Must meet the continuing competency requirements of the host or home association.

• Due to AIT (agreement on internal trade).

International Mobility

• Academic Level Agreement: Many countries

• Professional Level Agreement: US (some states), Hong Kong, Australia, Ireland

• Agreements are negotiated by Engineers Canada

Regulators Statutory & Ethical Requirements

• Ensure the proficiency and competency of members in order to safeguard the public.

• Promote and improve the competency of members.

Professional Member Statutory & Ethical Requirements

• Keep oneself informed to maintain competence.

• Strive to advance the body of knowledge in which the member practices.

Forms of Corruption

• Gifts (freely given, no expectations. Should have a gift policy.)

• Bribes (given in expectation of favourable treatment, illegal in Canada)

• Grease Money (intended to open doors to quicken favourable treatment)

• Extortion (demand from a person in authority for payment before providing an action that should be given freely)

Self Regulation

Refers to a profession’s statutory authority to govern itself. The provinces have jurisdiction to regulate the professions, and each province has its own legislation governing professions.

Main elements = Right to title, scope of practice. Both of these are subject to discipline and enforcement.

Right to Title

The professional regulatory authority can regulate the exclusive right for its members to use a particular title. (Professional Engineer, P.Eng.) Obtaining a bachelor or engineering is an element of registration, but it does not permit graduates to call themselves engineers. If you are not licensed, you are prohibited from using the title by law.

Scope of Practice

The regulatory authority also has the right to regulate the exclusive right of its members to practice in a particular area or field. (The exclusive right to practice professional engineering)

Each of the provinces defines exclusive scope of practice through a definition of the practice of the specific profession. These definitions can be either generic or specific.

Typical Contents of the Acts

• The purpose of the Act (which, in every case, is to protect the public)

• The legal definition of engineering and/or geoscience

• The authority to establish a provincial (or territorial) Association

• The purpose (or objects) of the Association

• Standards for granting licenses (or for admission to the Association)

• Procedures for establishing regulations to govern professional practice

• Procedures for establishing bylaws to govern the Association itself

• Code of Ethics to guide the personal actions of the licensees (or members)

• Disciplinary procedures

Engineering/Geoscience Acts

The Acts are provincial/territorial laws, but the governments delegate the responsibility for implementing the Acts to provincial or territorial Associations. Each Association, in turn, has developed regulations, bylaws, and a Code of Ethics, all of which derive their authority from the Act.

Licensing of Corporations

A corporation, as a legal entity, may obtain a license to practice engineering or geoscience. The purpose of licensing, however, is to protect the public against incompetence, negligence, and professional misconduct, and these are qualities of human beings.

Permit to Practice required in most associations - the corporation must employ a professional engineer or geoscientist who acts in a supervisory capacity, and who assumes personal responsibility for the services provided by the corporation. The corporation must also obtain liability insurance.

A professional engineer or geoscientist working for a corporation that has a permit to practise (or certificate) does not have to apply for an individual permit and, obviously, a corporation that does not offer such services to the public does not need a permit.

Certificate of Authorization

Some provinces, such as Ontario, require that every entity—be it an individual, a partnership, or a corporation—that offers or provides professional services to the public must obtain a Certificate of Authorization. Most provinces do not require licensed individuals to have a certificate of authorization to offer services.

Working on weekends outside of your permitted workplace may be prohibited.

Consulting Engineers

Require a separate designation in Ontario.