BILL 68 UPDATE Kim Allen, P.Eng. – CEO/Registrar

Bill 68 – Reflects Council’s Direction Bill 68, Open for Business Act, 2010 Hon Sandra Pupatello, Minister of Economic Development and Trade  Work start with Ministry officials – Jan. 6 th  Peer Review – Feb 25 th  Council Direction – April 16 th  First Reading – May 17 th  Second Reading – June 3, 2010  Legislation Committee Review and Comments  Standing Committee  Public Hearing - August 3 rd  Clause by clause review - August 6 th  Third Reading Debate – Sept. 15, 2010

Bill 68 – Amendments to Professional Engineers Act Definition Head Office location Increased opportunity to sit on Council  The definition of “practice of professional engineering” in section 1 of the Act is replaced by a new definition.  Subsection 2 (2) of the Act, requiring the head office of the Association of Professional Engineers of Ontario (“the Association”) to be in Toronto, is repealed.  Subsection 3 (3) of the Act is amended to permit permanent residents of Canada who are resident in Ontario to be elected or appointed to the Council of the Association

Bill 68 – Amendments to Professional Engineers Act Setting Fees By-law confirmation  Most of the fees payable in relation to licensing under the Act are set by the Council, with the approval of the Lieutenant Governor in Council, in regulations.  Sections 7 and 8 of the Act are amended to give the Council the authority to set all fees on its own by by-law instead.  Subsections 8 (2) and (3) of the Act are re-enacted to provide that, unless they specify otherwise, bylaws made by the Council are effective when they are passed.  A by-law may specify that it is not effective until it is confirmed by a majority of the members of the Association.

Industrial Exception Repealed Bill 68 – Amendments to Professional Engineers Act  Subsection 12 (3) of the Act is amended to remove the ability of a person to do an act that is within the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 the person’s employer in the production of products by the person’s employer, without being authorized to do so under the Act.

Residency Requirement Bill 68 – Amendments to Professional Engineers Act  Various amendments are made to subsection 14 (1) of the Act, which sets out the requirements for the issuance of a licence.  Ability to specify other requirements  The most significant of these is the removal of the requirement that applicants for a licence be citizens or permanent residents of Canada.  Similarly, subsection 18 (1) of the Act is amended to remove the requirement that applicants for limited licences and provisional licences be citizens or permanent residents of Canada.

Independent Practice for Limited License Holders Bill 68 – Amendments to Professional Engineers Act  Sections 15 and 17 of the Act are amended to provide for limited licence holders to supervise and direct the practice of professional engineering under a certificate of authorization.  Currently, only holders of a licence or a temporary licence may do so.

Section 19 - Registration Committee Bill 68 – Amendments to Professional Engineers Act  Amended to make certain changes to proceedings before the Registration Committee.  19 (5) is amended to add a 30-day deadline to the scheduling of a hearing before the Registration Committee.  19 (7), which sets out the powers of the Registration Committee following a hearing, is re-enacted to set out which orders can be made.  19 (10) is re-enacted to provide that an applicant may show compliance with the requirements of a licence, certificate of authorization, temporary licence, provisional licence or limited licence, as the case may be, at any time before the hearing date.  A new section 19.1 is enacted, which sets out the composition of the Registration Committee. The Committee’s composition is currently dealt with by regulations under the Act.

Engineering Interns Bill 68 – Amendments to Professional Engineers Act  A new section 20.1 is enacted, which addresses the acceptance by the Association of persons as engineering interns.  Subsection 21 (1) of the Act is amended to provide that engineering interns must be included in the registers that the Registrar maintains, which are available to the public.  In a related amendment, section 40 of the Act is amended to add a new offence (in subsection (3.2)) relating to the unauthorized use of terminology suggesting that a person is an engineering intern.

Complaints Committee and CRC Bill 68 – Amendments to Professional Engineers Act  Section 23 is amended to make changes to the composition of the Complaints Committee and to its quorum.  Section 25 of the Act is amended to change who may appoint a Complaints Review Councillor and who may be appointed as a Complaints Review Councillor.

Section 27 - Discipline Committee Bill 68 – Amendments to Professional Engineers Act  Section 27 is re-enacted in order to, among other things, provide for changes in its composition and quorum, and in the composition of a panel of the Committee that is formed in order to hear and determine a matter.

Section 40 – Offences Engineering Interns Licensed Engineering Technologist  New offences from using terminology suggesting that they are:  engineering interns,  prohibiting persons who are not holders of the engineering technologist class of limited licence, as prescribed by the regulations