Serving the Public. Regulating the Profession. Structural Engineering Specialist: Meeting the spirit of Elliot Lake recommendation 1.5 1

Serving the Public. Regulating the Profession. PEO Submission to the Inquiry Recommendation #8 PEO should develop appropriate criteria, and then enact a regulation under subsection 7(1)(22) of the PEAct, prescribing the qualifications and requirements for designation as a Structural Engineering Specialist. 2

Serving the Public. Regulating the Profession. Elliot Lake Commission of Inquiry Recommendation 1.5 The prescribed structural inspection should be conducted in accordance with the Performance Standard by a structural engineering specialist who has met the Professional Engineers of Ontario (PEO) qualifications and requirements to be so certified. 3

Serving the Public. Regulating the Profession. Elliot Lake Commission of Inquiry Rationale The creation of a structural engineering specialist designation ensures there is a properly qualified structural engineer assessing the structural adequacy of the building. 4

Serving the Public. Regulating the Profession. Elliot Lake Commission of Inquiry Key Messages Evidence before this Inquiry has shown some engineers do currently refer to their specialities and present themselves to members of the public as “structural engineers.” “Self-designation” could lead the public to believe that the engineer in question has had to meet certain official criteria or pass specific exams. These self-appointed designations are based on an engineer’s main area of practice and are not granted by the PEO. 5

Serving the Public. Regulating the Profession. Elliot Lake Commission of Inquiry Key Messages PEO should determine the qualifications required to obtain the designation, as well as establish an application process that would require a professional engineer to demonstrate a level of skills and qualifications showing that all the necessary criteria are met. The application process should also include a set of identified exams that must be completed and passed, similar to the process established by the Association of Professional Engineers and Geoscientists of British Columbia. 6

Serving the Public. Regulating the Profession. Elliot Lake Commission of Inquiry Key Messages The role and responsibilities to be fulfilled by a certified structural engineering specialist in Ontario should apply to construction projects and to structural inspections of existing buildings, as defined by the Performance Standards to be established in accordance with Recommendation

Serving the Public. Regulating the Profession. Update on Activities: Legal Legal opinion’s short answer: PEO cannot create a specialist class of licence that would grant an exclusive right to practise without an Act change. PEO will be one of the first regulatory bodies that has been tasked with the job of creating a specialty designation that would: (a) grant an exclusive scope of practice; and (b) prevent licence holders who had previously performed an activity from continuing to do so once the specialty designation has been established. 8

Serving the Public. Regulating the Profession. Update on Activities: Surveys 1. Specialist Member Attitude (Survey Monkey) members responded with a mean of 18.4 years from the date of licensure per cent perform engineering activities in their current work per cent identified consulting services as their area of employment -792 respondents provided comments per cent not at all likely to pursue a specialist designation 2. Public Attitude (Ipsos Reid) -Ipsos Reid conducted telephone interviews with 100 clients, employers and government regulators to assess the public’s attitudes towards the specialist designation. -Found that employers and clients rely on past experience to select engineers. Designations and certifications are not as important. 9

Serving the Public. Regulating the Profession. Update on Activities: Precedents Ministries (e.g. Environment, Labour, Energy) may wish to change “qualified person” or “professional engineer” reference to “PEO-certified specialist”. Some practitioners may request new specialties or designations be developed; criteria for new specialties to be developed. “Thin edge of wedge” to address self-certification for all practitioners practising in areas other than initial education 10

Serving the Public. Regulating the Profession. What’s the Problem? From the Inquiry’s view: self designation by practitioners not in the public interest From PEO’s view: no evidence of the need to fragment profession into exclusive areas of practice 11

Serving the Public. Regulating the Profession. Discussion on Options 1.Status quo -rely on professional misconduct section 72(2)(h): undertaking work practitioner not competent to perform by virtue of the practitioner’s training and experience 2. Create a designation -via regulation authority s.7(1)22 of the Professional Engineers Act; exclusivity accrues when external legislation cites the “designation” 3.PEAct amendment - to provide regulation making authority for creating exclusive scopes 12

Serving the Public. Regulating the Profession. Considerations 1.Status Quo - government may impose changes directly or provide authority for external designations in other Acts 2. Designation -external legislation will cite PEO’s designation, creating the exclusive area of practice outside PEO’s control 3. PEAct Amendment - provides PEO Council control and authority to create exclusive scopes; Legislation Committee is reviewing this approach. 13

Serving the Public. Regulating the Profession. Implementation Considerations PEO will be required to establish qualifications, requirements and certification process, including regulations for suspension or revocation. Will grandparenting be an option? Continuing Professional Development requirements likely mandatory for specialists Professional liability and duty of care requirements Fees (application, registration, renewal, etc.) Impacts to professional misconduct regulation Disciplinary decisions may be required to remove Specialist designation Concurrent Act changes to support exclusive scopes 14

Serving the Public. Regulating the Profession. What Does It Mean for the Profession? The introduction of a legislated scope of practice exclusive to a subset of licence holders is a significant evolutionary step with the potential to dramatically change how the profession could be viewed by the public and by practitioners. 15

Serving the Public. Regulating the Profession. Questions? Please send comments to 16