Professional Engineering: ECOR 1010
Professional Engineering: ECOR 1010
ECOR 1010
Lecture 22
Licensed Professions:
Health Care Business Design & Technology
• Medicine • Law • Engineering
• Nursing • Accounting • Geo Science
• Dentistry • Architecture
• Pharmacy
• Midwifery
• Social Work
• Psychology
• Veterinarians
• Medical Physics
• ...
Where else do we see licences?
• We need licences to
operate cars, trucks,
and airplanes
• What distinguishes
people with these
licences from licensed
professionals?
What is a Profession?
• “A self-selected, self-disciplined group of
individuals who hold themselves out to the
public as possessing a special skill derived
from training and education and are prepared
to exercise that skill in the interests of others”
Why do we Licence People?
• To tell clients and customers that these individuals
have met standards of education and competence
that we as a society deem sufficient to do the job.
– If you need brain surgery, you want someone who has the
right training, and is an honourable person; not some
quack who thinks he knows what to do.
– If you want to build a bridge, you want someone who has
mastered the art of bridge building, and is a trustworthy
person of good character.
• Licensed Professionals have an
exclusive legal right to practice
– No one else can do the job, by law.
Has nothing to do with
“looking professional”
Reasons why you might want a professional
• On the right
are pictures
Remains after the southern span fell in 1907, killing 75 (courtesy NAC/PA-109498).
of the
collapse of
1907
• Above is a
picture from
the collapse
of 1916
• To the right is
the bridge
today.
The twisted steel wreckage of the Quebec Bridge after its collapse 29
August 1907 (courtesy National Archives of Canada).
Theodore Cooper’s design and the
current bridge …
9
Professional Organizations
• All recognized professional bodies organize
themselves into self-governing professional
societies or associations
– e.g., College of Physicians and Surgeons
– Professional Engineers Ontario (PEO)
• Major function is to define the duties and
responsibilities of their members
– Code of Ethics
– Guidelines for Practice
– Disciplinary Procedures
Legislative Mandate
• Provincial jurisdiction in Canada
– Professional Engineers Act
– By state in the USA
• Professional Engineering is defined in the Act
– “practice of professional engineering” means any act of
planning, designing, composing, evaluating, advising,
reporting, directing or supervising that requires the
application of engineering principles and concerns the
safeguarding of life, health, property, economic interests,
the public welfare or the environment, or the managing of
any such act;
Legislative Mandate
• Provincial jurisdiction in Canada
– Professional Engineers Act
– By state in the USA
• Professional Engineering is defined in the Act
– “Any act of designing, composing, evaluating, advising,
reporting, directing or supervising; wherein the
safeguarding of life, health, property or the public
welfare is concerned, and that requires the
application of engineering principles, but does not
include practising as a natural scientist”
Professional Engineers Act
• Professional Engineers Ontario (PEO)
– www.peo.on.ca
– http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p28_e.htm
– http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900941_ev004.htm
http://www.peo.on.ca/complaints/definition_misconduct.htm
Definition of Professional Misconduct: Section 72 of Regulations RRO. 941
72. (1) In this section,
"harassment" means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known
as unwelcome and that might reasonably be regarded as interfering in a professional engineering relationship;
"negligence" means an act or an omission in the carrying out of the work of a practitioner that constitutes a failure to
maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances. R.R.O. 1990, Reg.
941, s. 72 (1); O. Reg. 657/00, s. 1 (1).
(2) For the purposes of the Act and this Regulation,
(a) negligence,
(b) failure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by
the work for which the practitioner is responsible,
(c) failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the
public,
(d) failure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and
rules in connection with work being undertaken by or under the responsibility of the practitioner,
(e) signing or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the
practitioner,
(f) failure of a practitioner to present clearly to the practitioner's employer the consequences to be expected from a
deviation proposed in work, if the professional engineering judgment of the practitioner is overruled by non-technical
authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work,
(g) breach of the Act or regulations, other than an action that is solely a breach of the code of ethics,
(h) undertaking work the practitioner is not competent to perform by virtue of the practitioner's training and experience,
(i) failure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or
be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an
employer or to a client, and in particular, without limiting the generality of the foregoing, carrying out any of the following
acts without making such a prior disclosure:
1. Accepting compensation in any form for a particular service from more than one party.
2. Submitting a tender or acting as a contractor in respect of work upon which the practitioner may be performing as a
professional engineer.
3. Participating in the supply of material or equipment to be used by the employer or client of the practitioner.
4. Contracting in the practitioner's own right to perform professional engineering services for other than the practitioner's
employer.
5. Expressing opinions or making statements concerning matters within the practice of professional engineering of public
interest where the opinions or statements are inspired or paid for by other interests,
(j) conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would
reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional,
(k) failure by a practitioner to abide by the terms, conditions or limitations of the practitioner's licence, limited licence,
temporary licence or certificate,
(l) failure to supply documents or information requested by an investigator acting under section 34 of the Act,
(m) permitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional
engineering except as provided for in the Act or the regulations,
(n) harassment. R.R.O. 1990, Reg. 941, s. 72 (2); O. Reg. 657/00, s. 1 (2).
Misconduct
• Negligence
– “negligence” means an act or an omission in the
carrying out of the work of a practitioner that
constitutes a failure to maintain the standards that a
reasonable and prudent practitioner would maintain
in the circumstances
• Failure to safeguard life, health and property
• Failure to report or correct something that
endangers public safety
• Failure to comply with codes, statutes, etc.
• Failure to disclose conflicts of interest clearly
to employer
Misconduct
You are
Your company was
Your company ?
You
Non-Engineers
• Practicing without a license
– PEO goes to public court
• If found guilty:
– $10,000 fine
– $50,000 fine for repeat offenders
• Enforcement on www.peo.on.ca
Certificate of Authorization
• If you want to offer services to the public, you
need a Certificate of Authorization