Professional Engineers…

Professional Engineers Ontario, the regulatory body authorized by the Professional Engineers Act to regulate the practice of professional engineering in Ontario in the public interest, does not object to the new proposed regulations or the proposed changes to Ontario Regulation 245/97. However, as the Ministry of Natural Resources and Forestry is already in the process of revising the latter document, we would like to request two changes to the language used to describe professional engineers in this regulation at the same opportunity.

At present, subsections 2.4(12), 6.1(3), and 6.2(4) of Ontario Regulation 245/97 refer to persons that “hold a licence or temporary licence in good standing under the Professional Engineers Act”. Subsection 23(6.2) uses similar language. We would like to replace this language with the term - licensed engineering practitioner (“LEP”) , meaning a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act. This definition includes limited licence holders who can practice engineering within a limited scope and is consistent with other legislation and regulations. “Good standing” is a status more reflective of membership, not licensure, therefore irrelevant for the PEO in the matter

Secondly, we are requesting the Ministry to remove the clauses reading “or possess such other qualifications as may be permitted under the Provincial Standards for Oil Gas and Salt Resources” from articles 2.4(12) and 6.2(4) and “or possess such other qualifications as may be permitted under the Provincial Standards for CAES projects in Salt Caverns” from article 6.1(3). We believe that the work described in these subsections meets the definition of the “practice of professional engineering” in our Act and should only be performed by a licensed engineering practitioner. Since the Oil, Gas and Salt Resources Act has several references to qualifications prescribed in regulation, and the Ministry has not added any such qualifications to O.Reg. 245/97 to date, we believe the phrase “such other qualifications” potentially creates confusion that persons other than licensed professional engineers can engage in the specified activities in sections 6.1(2(c), and 6.2(3)(c).

Should the Ministry plan to prescribe qualifications to permit other persons to engage in these or other activities, PEO would ask to be consulted at each stage of the policy and regulation development of these proposals to ensure the required activities do not involve the practice of professional engineering.

Thank for consulting with us on these changes. We value the opportunity to offer our feedback as the regulator of professional engineers in Ontario in the public interest.