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

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Presentation on theme: "BILL 68 UPDATE Kim Allen, P.Eng. – CEO/Registrar."— Presentation transcript:

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

2 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

3 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the head office of the Association of Professional Engineers of Ontario (“the Association”) to be in Toronto, is repealed.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

4 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.

5 Industrial Exception Repealed Bill 68 – Amendments to Professional Engineers Act  Subsection 12 (3) of the Act is amended to remove the ability of a person to do an act that is within the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.

6 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.

7 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.

8 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.

9 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.

10 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.

11 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.

12 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


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