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Examination Centre

Anna Carinci Lio


Examinations Administrator

exams@peo.on.ca

Examination Centre

The PPE is a three-hour exam consisting of


two parts:
Part A (Ethics)
Part B (Law)
(
)

Check PEOs web site www.peo.on.ca under


Licensing & Registration, select
Professional Practice Exam

Registration package, fees

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 candidates choice

Examination Centre

When can I expect to hear the results of


my exam?

What happens if I fail?

Compliance &
Enforcement Unit

Steven Haddock,
Enforcement and Advisory
Officer

What is PEO?
Professional Engineers Ontario (PEO)
administers the
Professional Engineers Act (PE Act)
and
d
Ontario Regulations
(O. Reg. 941 & O. Reg. 260)
to serve and protect the public interest

PE Act

Law under the Attorney General of Ontario

Defines:
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:


Code of Ethics (s.77), Professional

Misconduct (s.72)

Ontario Regulation 260


Establishes performance standards for

professional engineers
General review of construction, demolition

How is PEO Accountable?


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

Definition of Professional Engineering

practice of professional engineering means


PART 2: that requires the application of

engineering principles;

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


professional engineering
p
g
g 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.

Types of licenses
P.Eng.
Temporary License
Limited 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


unlicensed person from doing an act that is
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

Industrial Exception to Licence


(removal pending)

Professional Engineers Act


Section 12(3)(a) industrial exception

[Subsection
[
12(1)]
( )] does apply
pp y to prevent
p
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,
Mercantile or Industrial occupancy
Does not house works that have to be designed 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.

Use of term Engineer


Prohibited in job title engineer
Exceptions under Federal and Provincial Regs:
Flight engineer
Train engineer
Sound engineer
Aircraft maintenance engineer
Operating engineer
Stationary engineer
Hoisting engineer (certified)

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:

either unlicensed person or no Certificate of


Authorization

educate on the enforcement provisions of the PE Act


offer a reasonable chance to comply
negotiate a satisfactory resolution

What is Enforcement?
PEO will conduct an investigation when:
voluntary compliance not achieved
public welfare is at risk
there is clear evidence of a violation of the

PE Act
evidence is available

Penalties - Accountability

Professional Engineers Act


Section 40(1) Penalties

E
h contravenes
t
ti 12 iis
Every person who
section
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 Superior Court


Gain an Order Directing Compliance

Costs to prosecute

Jail up to 30 days if oppose Order

Enforcement Actions
Typical year:
out-of-province engineers contacted

self-employed engineers contacted

internet title use contacted

industrial facilities contacted

3 prosecutions in Court

What is Discipline?
PEO will conduct an investigation on a
licensed engineer when:
a public complaint is received
public welfare is at risk
there is clear evidence of a violation of the PE

Act
evidence is available
an engineer is found guilty of professional

misconduct, negligence, incompetence

Penalties - Accountability

Professional Engineers Act


Section 28 Powers of Discipline Committee

Revoke the licence / C of A


Suspend the licence / C of A
Li it th
Limit
the practice
ti
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

P
i
i revise,
i
i repeat
Practice:
write,
rewrite,

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:
actions, principles, safeguards

PEO Objects: What are they?


protect use a system
serve and p
y

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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Section 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

Not in writing: before or after


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

P
Purpose off a ttortt 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

Practice Guidelines : Overview


Use of Professional Engineers 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/
o
o

OSPE: www.ospe.on.ca
Ontario Society of Professional Engineers: Advocacy

$3,500 Leadership Award Just for You!

Sterling Award

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$3,500 Sterling Award


Deadline: 2nd Friday of October each year
Qualifications
EIT

Leadership experience as a volunteer

sterlingaward@peo.on.ca

Happy Studies

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