Professional Engineers Ontario Professional Engineers Act GENERAL R.R.O. 1990, Reg. 941 (Sections 72 & 77) Amended to O. Reg. 13/03 This Regulation is made in English only. 72.4) @ In this section, “harassment” means engaging in a couse of Yeratious comment or conduce that is known or ought reason ably w be known as unwelcome and that might rea sonably be regarded as interfering in a profesional engineering relationship; “negligence” means an act or an omission in the carry- ing out of the work of a practitioner chat constcutes a failure co maintain the standards that a reazonable and prudent practitioner would maintain in the circum- stances. RRO, 1990, Reg. 941, s. 72(I); O. Reg, 657100, s.1(), For the purposes ofthe Act and this Regulation, “professional misconduct” means, (@) negligence, (®) fuluce ro male reasonable provision forthe sfe- guarding of life, health or property of person ‘who may be affected by the work for which the practitioner is responsible, (© failure to at to comect or report situation that the practioner believes may endanger the safey or the welfare ofthe publi, (@) failure :o make responsible provision for comply- ing with applicable sarutes, regulations, stan~ dards, codes, by-laws and rules in connection with work being undertaken by or under the responsibility of che practitioner, © signing or sealing a final drawing, specification, plan, eepoctor other document not actually pre- pared ot checked by the practitiones, (©) filure of practioner to present clearly o the practitioner’ 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 author- ity in cases where the practitioner is responsible for the eechnical adequacy of profesional engi- neering work, (©) breach of the Act or regelations, other than an action thats solely a breach of the code of ethics, (h) undertaking work the practitioner is not compe tent to perform by virtue of the practitioners training and experience, ( faluze to make prompr, voluntary and complete disclosure of an interest, direc or indirect, chat zight in any way be, or be construed as, prejudi ional judgment of the precsi- tioner in rendesing service wo the public, an ‘employer or toa client, and ia particular, without limiting the generality of che 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 chan one party. 2. Submitting 2 tender or acting asa conteactor in respect of work upon which the practiion- cer may be performing asa professional engineer: 3. Participtting inthe supply of material oz equipment t be used by the employer or alien ofthe practioner 4. Contracting in the practioner’ own righe 19 perform profesional engineering services for other than the practitioners 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, @) conduct or an act relevant to the practice of pro~ fessional engineering that, having regard to all the circumstances, would reatonably be regarded by the engineering profession as disgraceful, dishon- oursble or unprofesional, failure by a practioner to abide by the terms, conditions or limitations ofthe practitioner's licence, provisional licence, limited licence, em- porary licence or certificate, @ iture to supply documents or information requested by an investigator acting unde 34 of the Act, (im) petmitting, counseling or assisting @ person who fs not a practitioner to engage in the practice of professional engineering except ae provided for in the Act or the regulasions, (0) harassment. RR.O. 1990, Reg. 941, s. 7202); O. Reg. 657/00, 5. 1(2); O. Reg. 13/03, 5.19.77. The following is the Code of Ethics of the Association: Ikis the duty of a practitioner to the public, the practitioners employes, to the practitioner's clients, to other members of the practitioners profession, and to the practitioner to act tall times with i. faieness and loyalty co the practsioner’sasso- ciates, employes, cleats, subordinates and employees, fi, fidelity to public needs, fil, devotion to high ideals of personal honour and professional integrity, i knowledge of developments inthe area of professional engineering relevant to any serr- ices that are undertaken, and competence in the peeformance of any pro- fessional engineering services that are under taken. A practitioner shall, i. regard the practitioners dus to public wel- fare as paramount, fi, endeavour atall times to enhance the public regard forthe practitioners profession by extending the public knowledge thereof and discouraging untrue, unfair or exaggerated statements With respect t profesional engi- neering, lil, noc express publicly or while the practitioner is serving a a witness before a court, com- zission or other tribunal, opinions on pro- fessional engineering matters that ate nat founded on adequate knowledge and honest conviction, J endeavousr to keep the practitioner licence ‘temporary licence, provisional licence, limit- ced licence or certificate of authorization, as the case may be, permanently displayed in the practitioners place of busines. A practitioner shall act in professional engineer- jing mateecs for each employer as a faithful agent or trustee and shall regard as confidential infor sation obtained by the practitioner as to the busines afi, echnical methods or processes of an employer and avoid or disclose a confic of| incerest that might influence the praitioners actions or judgment. ‘A practitioner mus disclose immediately t the practitioners ent any interest, director indi- tect, that might be construed as prejudicial in any ‘way to the profesional judgment of the practi- ‘loner in rendering service to the client. ‘A practitioner who is an emplayee-engineer and 3 concacing in he pce owe a 0 sm professional engineering work for other than the practitioners employer, must provide the practitioners client with a written statement of the nature of the practitioner’ status a5 an ‘employee and the ateendant limitations on the practitioners services o the client, must satisty the practitioner that the work will not conflict vith the practitioners duty to the practitioner’ employer, and mus inform the practitioners employer of the work. 5. A practitioner must cooperate in working with other professionals engaged on a project. A practitioner shall, i, act towards other practitioners with courtesy and good faith, fi, not accept an engagement to review the wok of another practioner for the same employer ‘except withthe knowledge ofthe other prac titoner or except where the connection of the other practitioner with the work has been terminated, iii, not maliciously injure the reputation or busi- ness of another practitioner, jx, not attempt to gain an advantage over other practitioners by paying or accepting a com- mission in securing professional engineering. work, and give proper credit for engineering work, "uphold the principle of adequate compense- Son for engnerng wt provide opports- nity for professional development and advancement of the practitioners associates and subordinates, and extend the effective- ress of the profession through the inte ange of enginering formation and expe- ‘A practitioner shall mainrain the honour and integrity of che practitioner’ profession and with- ‘out fear or favour expose before the proper tri- ‘bunals unprofessional, dishonest or unethical conduct by any other practitioner. RRO. 1990, Reg. 941, 5.77; O. Reg. 48/92, 5. 1; O. Reg. 13/03, 6.21.