1. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 1 WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Professional Engineers of Ontario Complaints, Discipline and Enforcement Douglas Wilhelm Harder, M.Math. Department of Electrical and Computer Engineering University of Waterloo

2. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 2 Outline This talk focuses on the issues with complaints, discipline and enforcement related to PEO –Professional misconduct –Incompetence –Penalties –Reporting –Enforcement

3. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 3 Background The Professional Engineers Act gives authority to the PEO to investigate misconduct and incompetence with the following relevant sections: 23.Complaints Committee 24.Duties of Complaints Committee 25.Complaints Review Councillor 26.Powers of Complaints Review Councillor 27.Discipline Committee 28.Duties and powers of Discipline Committee 29.Stay of decision on appeal 30.Discipline proceedings 31.Appeal to court

4. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 4 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.

5. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 5 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.

6. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 6 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)revoke the licence or certificate of authorization (b)suspend the licence or certificate of authorization (c)limit the professional work to an extent specified (d)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

7. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 7 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

8. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 8 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

9. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 9 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

10. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 10 Summary This talk focuses the discipline –The processes is outlined in the Professional Engineers Act

11. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 11 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

12. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Complaints, Discipline and Enforcement 12 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 Sincerely, Douglas Wilhelm Harder, MMath dwharder@alumni.uwaterloo.ca