Examination Centre
An na Carin Car in ci Li o Examinations Exa minations Admi nistrator
[email protected]
Examination Centre
The PPE is a three-hour exam consisting of two parts: ○ ○
Part ‘A’ (Ethics) Part ‘B’ Law
Check PEO’s PEO’s web web site www.peo. www.peo.on.ca on.ca under ‘Licensing & Registration’, select ‘Professional Practice Exam’
Registration package, fees
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Examination Centre
The PPE is offered three times a year in the Spring, Summer and Fall
Many convenient locations throughout Ontario and the rest of the world
Responsibilities of EIT
Material on how to prepare
Method of preparation is candidate’s choice
Examinatio n Centre
When can I expect to hear the results of my exam?
What happens if I fail?
Compliance & Enforcement Unit
Steven Haddock, Enforcement and Adviso ry Officer
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What is PEO? Professional Engineers Ontario (PEO) administers the Professional Engineers Act (PE Act)
an Ontario Regulations (O. Reg. 941 & O. Reg. 260)
to serve and protect the public interest
PE Act •
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Law under the Attorney General of Ontario Defines: ▫
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What is the practice of professional engineering How PEO is to govern licence and certificate holders How PEO is to regulate professional engineering in Ontario
Ontario Regulations •
Ontario Regulation 941 ▫
Provides additional details and guidance to implement the PE Act:
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Code of Ethics (s.77), Professional Misconduct (s.72)
Ontario Regulation 260 ▫
Establishes performance standards for professional engineers
General review of construction, demolition
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How is PEO Account able? Self-regulating profession
Responsible for licensing: ensures rigorous qualifications for licensing
Responsible for enforcement: ensures title protection and practice protection
Responsible for discipline: ensures competence and Code of Conduct upheld
Definition of Professional Engineering
Professional Engineers Act
Section 1 – Definitions
3-part test: must meet all 3 parts
Definition of Professional Engineering
“practice of professional engineering” means
PART 1: any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising, or the managing of any such act
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Definition of Professional Engineering
“practice of professional engineering” means
PART 2: that re uires the a engineering principles;
lication of
Definition of Professional Engineering
“practice of professional engineering” means
PART 3: concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment
Licensing Requirement
Professional Engineers Act
Section 12(1) - Licence
No person shall engage in the practice of rofessional en ineerin or hold himself herself or itself out as engaging in the practice of professional engineering unless the person is the holder of a licence, a temporary licence, a provisional licence or a limited licence.
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Types of licenses P.Eng. Temporary Limited
License
License & L.E.T.
Provisional
License
Certificate of Authorization Authorizes
an individual or a business entity to offer professional engineering services directly to the public
Ensures
that PEO can regulate both the individual and the companies that engage in professional engineering
Supervisory Exception to Licence
Professional Engineers Act
Section 12(3)(b) – supervisory exception
[Subsection 12(1)] does not apply to prevent an within the practice of professional engineering ... where a professional engineer or limited licence holder assumes responsibility for the services within the practice of professional engineering to which the act is related
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Industrial Exception to Licence (removal pending)
Professional Engineers Act
Section 12(3)(a) – industrial exception
[Subsection 12(1)] does apply to prevent an unlicensed person from doing an act that is within the practice of professional engineering ... when doing professional engineering related to production machinery used in the facilities of their employer to produce products for that employer.
Other Exceptions to Licence
Professional Engineers Act
Section 12(3)(c) – design of tool & dies exception
[Subsection 12(1)] does not apply to prevent a person from doing an act that is within the practice of professional engineering ... when designing or providing tools and dies.
Other Exceptions to Licence
Professional Engineers Act
Section 12(4)-12(5) – Architects exception Buildings up to 3 stories and 600 m2 Residential, Business, Personal Services,
Does not house works that have to be d esigned by a professional engineer Residential buildings up to 3 stories as long as attached buildings are under 600 m2 and entrances to units are at ground level.
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Use of term “ Engineer ” ▫
Prohibited in job title “engineer”
Exceptions under Federal and Provincial Reg s: Flight engineer Train engineer Sound engineer Aircraft maintenance engineer Operating engineer Stationary engineer Hoisting engineer (certified)
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Prohibited in company name, along with “engineering” unless hold a Certificate of Authorization
What is Compliance? PEO will first contact the individual to seek compliance with the act: ▫
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either unlicensed person or no Certificate of
educate on the enforcement provisions of the PE Act offer a reasonable chance to comply negotiate a satisfactory resolution
What is Enfor cement? PEO will conduct an investigation when: ▫
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voluntary compliance not achieved public welfare is at risk there is clear evidence of a violation of the PE Act evidence is available
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Penalties - Accountability
Professional Engineers Act
Section 40(1) – Penalties
very person w o con ravenes sec on s guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000.
Enforcement Penalties
Prosecute in Provincial Courts
Penalties - $10,000 - $50,000
Prosecute in Su erior Court Gain an Order Directing Compliance Costs to prosecute Jail up to 30 days if oppose Order
Enforcement Act ions Typical year: out-of-province engineers contacted •
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self-employed engineers contacted internet title use contacted industrial facilities contacted 3 prosecutions in Court
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What is Discipline? PEO will conduct an investigation on a licensed engineer when: ▫
a public complaint is received
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there is clear evidence of a violation of the PE Act
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evidence is available an engineer is found guilty of professional misconduct, negligence, incompetence
Penalties - Accountability •
Professional Engineers Act
Section 28 – Powers of Discipline Committee •
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Revoke the licence / C of A Suspend the licence / C of A m e prac ce Impose terms / conditions on licence Impose restrictions on licence Be reprimanded / counseled Impose fines to a maximum of $5,000 & costs
Practice Exam Session Grant Boundy, P.Eng ., FEC Guest Speaker
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PPE - Keys to Success
Time constraints: constantly aware
20 minutes: allow only for each answer
Process ‘as urgent’: read, highlight, write
Practice: write, revise, rewrite, repeat
Study preparation: develop time efficiency
Attempt all questions: for best value
Part ‘A’ – Professional Practice and Ethics
Question 1: PE Act and Regulation 941 Professional Engineering: definition with 3 parts:
PEO Objects: What are they?
actions, principles, safeguards
serve and protect – use a system
PEO Main Functions – What are they? enforcement, licensing, complaints
Requirements / Conditions / Purposes for: Council, Committees, Licences
Sample question 1: definitions
Part ‘A’ – Questions 2, 3 & 4 – Reg. 941
Section 72(1) definitions: harassment, negligence
Section 72 (2) Professional Misconduct • Safety: (b), (c), (d) • Competence:
(e), (f), (g), (h)
• Conflict of interest: (i) • Professionalism:
(a), (j), (k), (l), (m), (n)
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Secti on 77, Code of Ethics
Duty of general sensitivity :
1.
Regard for the public:
2.
Care for employers, clients:
3., 4., 5.
Care for other professionals: 6., 7.
Expose ‘not ethical’ conduct: 8.
Sample case studies: misconduct and ethics
Part 'B' – Engineering Law & Professional Liability
Question 1: Definitions of Legal terms Questions 2, 3 and 4: Case Studies
Contract: breach – who pays, liability clauses fundamental breach true construction approach
Sample case study: contract breach
Part ‘B’ - Contract
Tendering: process has bidding conditions Contract A, formed on submission of bids o changes are subject to liabilities
Contract B, formed when one (1) bid selected
parol evidence, but if condition precedent equitable estoppel, gratuitous promise o exceptional remedy Sample case studies: 1) contract tendering 2) not in writing
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Part ‘B’ – Tort – Three Principles
Duty of care Breach of that duty Damage or injury as a result
Terms / items, that could apply
urpose o a or case Parties have no privity of contract Expert testimony Vicarious liability (deep pockets) Concurrent tortfeasors Potential liabilities, % s
Sample case study: tort
Other References
PEO: regulation: www.peo.on.ca
Professional Practice Examination: Syllabus, etc. Forms and Publications Forms and Guides Publications o Practice Guidelines : Overview o Use of Professional Engineer’s Seal G. Gordon M. Sterling Engineering Intern Award: http://www.peo.on.ca/index.php?ci_id=2128&la_id=1 Equity and Diversity at PEO - http://peo.scholarlab .ca/
OSPE: www.ospe.on.ca Ontario Society of Professional Engineers: Advocacy
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Happy Studies
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