Changes to the Changes to the Engineering ProfessionEngineering Profession

1© Association of Professional Engineers of Ontario

Bill 68, Open for Business, 2010Bill 68, Open for Business, 2010 Government bill under Minister of Economic Government bill under Minister of Economic

Development and Trade, Hon. Sandra Development and Trade, Hon. Sandra PupatelloPupatello

An Act to promote Ontario as open for An Act to promote Ontario as open for business by amending or repealing 46 Acts, business by amending or repealing 46 Acts, including the including the Professional Engineers ActProfessional Engineers Act

Debated with public hearings throughout 2010Debated with public hearings throughout 2010

66 changes to the Professional Engineers Act: 66 changes to the Professional Engineers Act: 40 subsections - on October 25, 2010; 40 subsections - on October 25, 2010; 26 subsections – on proclamation26 subsections – on proclamation

2© Association of Professional Engineers of Ontario

Why?Why?

To more comprehensively protect the To more comprehensively protect the environment and Ontarian’s interestsenvironment and Ontarian’s interests

Improves workplace safety in OntarioImproves workplace safety in Ontario

To create a more competitive business To create a more competitive business climateclimate

Reduces inter-provincial/territorial barriersReduces inter-provincial/territorial barriers Reduces costs of workplace injuriesReduces costs of workplace injuries

3© Association of Professional Engineers of Ontario

Eliminate Industrial ExceptionEliminate Industrial Exception Pending the date of proclamation, the “industrial Pending the date of proclamation, the “industrial

exception” to licence will be repealed:exception” to licence will be repealed:

Anyone is allowed to do professional engineering Anyone is allowed to do professional engineering

related to production machinery or equipment used in related to production machinery or equipment used in

the facilities of their employer to produce products for the facilities of their employer to produce products for

that employer.that employer.

4© Association of Professional Engineers of Ontario

A licensed P.Eng. has been and continues to be required A licensed P.Eng. has been and continues to be required to do professional engineering on equipment of a to do professional engineering on equipment of a structural nature.structural nature.

History – Industrial ExceptionHistory – Industrial Exception 19841984 – exception possibly created under – exception possibly created under

the belief that the public would not be affected by the belief that the public would not be affected by the goings on within a producer’s facilitythe goings on within a producer’s facility

19911991 - Occupational Health and Safety Act - Occupational Health and Safety Act (OH&SA) and its Regulation 851 changed to (OH&SA) and its Regulation 851 changed to require pre-start health and safety inspection require pre-start health and safety inspection (PSR) reviews by licensed professional engineers.(PSR) reviews by licensed professional engineers.

2007-102007-10 - Ontario government led Open for - Ontario government led Open for Business strategyBusiness strategy

5© Association of Professional Engineers of Ontario

The Public InterestThe Public Interest

Worker safety Worker safety improvedimproved when when

Occupational Health & Safety Act Occupational Health & Safety Act

(OH&SA) amended to require (OH&SA) amended to require

PSRs by professional engineers.PSRs by professional engineers.

6© Association of Professional Engineers of Ontario

Improved business climateImproved business climate

Harmonize engineering practise across CanadaHarmonize engineering practise across Canada

Goal is that when a business sends an employee to Goal is that when a business sends an employee to

their facility in another province and/or territory, the their facility in another province and/or territory, the

same professional engineering work will be governed same professional engineering work will be governed

by the same licensing requirements.by the same licensing requirements.

Industrial Exception existed only in Ontario.Industrial Exception existed only in Ontario.

7© Association of Professional Engineers of Ontario

Improved business climate Improved business climate (cont’d)(cont’d)

Reduce costs from workplace injuriesReduce costs from workplace injuries

Harmonize Professional Engineers Act with Harmonize Professional Engineers Act with

OH&SA, resulting in safer designs which will make OH&SA, resulting in safer designs which will make

PSRs easier and may even eliminate the PSRs easier and may even eliminate the

requirement eventually.requirement eventually.

Further assurances and accountabilities will exist Further assurances and accountabilities will exist

with licensed professional engineers in placewith licensed professional engineers in place

8© Association of Professional Engineers of Ontario

What is production machinery?What is production machinery? Any equipment or machinery that is used Any equipment or machinery that is used at at

any stageany stage to make the to make the end or finalend or final product of product of that production facility (either consumer or that production facility (either consumer or industrial product)industrial product)

A machine that processes pulp and paperA machine that processes pulp and paper A fixture on equipment for ergonomics A fixture on equipment for ergonomics Equipment on a packaging lineEquipment on a packaging line

Other equipment that protects the health of workers such as fume hoods, Other equipment that protects the health of workers such as fume hoods, air treatment, pollution controls, already require a P.Eng. and do not air treatment, pollution controls, already require a P.Eng. and do not fall under the “industrial exception”fall under the “industrial exception”

9© Association of Professional Engineers of Ontario

What is Professional Engineering?What is Professional Engineering? Effective Oct 25, 2010, the definition of Effective Oct 25, 2010, the definition of

professional engineering changed:professional engineering changed:

……the safeguarding of life, health, property, the safeguarding of life, health, property, economic interestseconomic interests, the public welfare or , the public welfare or the the environmentenvironment……

++ Any act of Any act of planningplanning, designing, composing, , designing, composing,

evaluating, advising, reporting, directing or evaluating, advising, reporting, directing or supervising, or supervising, or the managing of any such act…the managing of any such act…

++ ……that requires the application of engineering that requires the application of engineering

principles…principles…10© Association of Professional Engineers of Ontario

What work is professional What work is professional engineering?engineering?

Work Work MAYBEMAYBE professional engineering: professional engineering: layout of equipment of manufacturing processes layout of equipment of manufacturing processes

(composing/designing)(composing/designing) Specification of equipment (evaluating)Specification of equipment (evaluating) Design of fixtures if they carry any structural loadDesign of fixtures if they carry any structural load Maintenance plans, quality plans, lockout proceduresMaintenance plans, quality plans, lockout procedures

Work Work MAY NOT BE MAY NOT BE professional engineering:professional engineering: Procurement of equipmentProcurement of equipment Design of tooling – exempt under s.12(3)(c) Design of tooling – exempt under s.12(3)(c) Support of maintenance and qualitySupport of maintenance and quality Preparation of capital budget (not apply engineering Preparation of capital budget (not apply engineering

principles)principles) Managing the production of new products by the facilityManaging the production of new products by the facility11© Association of Professional Engineers of Ontario

License exceptions maintained…License exceptions maintained…

Must have P.Eng. unless:Must have P.Eng. unless:

P.Eng. or LEL takes responsibility for workP.Eng. or LEL takes responsibility for work

Tool, Die and Mould Manufacturers Tool, Die and Mould Manufacturers

(designing / providing tools and dies)(designing / providing tools and dies)

Work exempt by another statuteWork exempt by another statute

Architecture exempt work (non-structural)Architecture exempt work (non-structural)

12© Association of Professional Engineers of Ontario

What does this mean for me?What does this mean for me?

Owner/OperatorOwner/Operator Some highly qualified but unlicensed people may be Some highly qualified but unlicensed people may be

doing professional engineering work that will no longer doing professional engineering work that will no longer

be exempt.be exempt.

Look at licensing options and/or supervision optionsLook at licensing options and/or supervision options

WorkerWorker Look at licensing options and/or supervision options Look at licensing options and/or supervision options

based on your academic and work experiencebased on your academic and work experience

13© Association of Professional Engineers of Ontario

How can PEO help?How can PEO help? 16-member task force of senior engineers with broad manufacturing 16-member task force of senior engineers with broad manufacturing

experience to consult withexperience to consult with

14© Association of Professional Engineers of Ontario

How can PEO help?How can PEO help? 111 industry associations outreached to 111 industry associations outreached to

Positive and supportive responses to datePositive and supportive responses to date

Willingness to inform and support their membersWillingness to inform and support their members

18 public meetings held, more upcoming18 public meetings held, more upcoming

5 large companies started discussions with5 large companies started discussions with

15© Association of Professional Engineers of Ontario

How can PEO help?How can PEO help? New guideline written: New guideline written: What is changing about professional engineering work in a production facility in Ontario...What is changing about professional engineering work in a production facility in Ontario...

New website being developed for ongoing communications, timing updates, tools to assist industryNew website being developed for ongoing communications, timing updates, tools to assist industry

16© Association of Professional Engineers of Ontario

When?When?

Ontario Government will probably decide on Ontario Government will probably decide on

proclamation of the industrial exception proclamation of the industrial exception

repeal later this year.repeal later this year.

PEO’s goal is to educate and seek compliance PEO’s goal is to educate and seek compliance

so industry is ready for the changeso industry is ready for the change

17© Association of Professional Engineers of Ontario

Working togetherWorking together

PEO seeks your assistance to advise your:PEO seeks your assistance to advise your:

Chapter members, employers (supervisor, Chapter members, employers (supervisor,

human resources managers), industry human resources managers), industry

associations, peersassociations, peers

Contact PEOContact PEOconsultwithus@peo.on.ca

Marisa Sterling, P. Eng.Marisa Sterling, P. Eng. Steven HaddockSteven Haddock18© Association of Professional Engineers of Ontario