eit ppe seminar - march 2016

8/18/2019 EIT PPE Seminar - March 2016

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Examination Centre

Anna Carinci Lio

Examinations Administrator

[email protected]

Examination Centre

The PPE is a three-hour exam consisting oftwo parts:

○

Part ‘A’ (Ethics)○ Part ‘B’ Law

Check PEO’s web site www.peo.on.ca under‘Licensing & Registration’, select‘Professional Practice Exam’

Registration package, fees


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Examination Centre

The PPE is offered three times a year in theSpring, 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 candidate’s choice

Examination Centre

When can I expect to hear the results ofmy exam?

What happens if I fail?

Compliance &Enforcement Unit

Steven Haddock,Enforcement and Advisory

Officer


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What is PEO?

Professional Engineers Ontario (PEO)administers the

Professional Engineers Act (PE Act)

an

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 certificateholders

▫ How PEO is to regulate professionalengineering in Ontario

Ontario Regulations

• Ontario Regulation 941

▫ Provides additional details and guidance toimplement the PE Act:

Code of Ethics (s.77), ProfessionalMisconduct (s.72)

• Ontario Regulation 260

▫ Establishes performance standards forprofessional engineers

General review of construction, demolition


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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


“practice of professional engineering” means

PART 1: any act of planning, designing,composing, evaluating, advising, reporting,directing or supervising, or the managing of anysuch act


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PART 2: that re uires the a lication of engineering principles;



PART 3: concerns the safeguarding of life, health,property, economic interests, the public welfare orthe environment

Licensing Requirement


Section 12(1) - Licence

No person shall engage in the practice ofrofessional en ineerin or hold himself

herself or itself out as engaging in thepractice of professional engineering unlessthe person is the holder of a licence, atemporary licence, a provisional licence or alimited licence.


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Types of licenses

P.Eng.

Temporary License

Limited License & L.E.T.

Provisional License

Certificate of Authorization

Authorizes an individual or a businessentity to offer professional engineeringservices directly to the public

Ensures that PEO can regulate both theindividual and the companies that engagein professional engineering

Supervisory Exception to Licence


Section 12(3)(b) – supervisory exception

[Subsection 12(1)] does not apply to prevent an

within the practice of professional engineering ...where a professional engineer or limited licenceholder assumes responsibility for the serviceswithin the practice of professional engineering towhich the act is related


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Industrial Exception to Licence

(removal pending)


Section 12(3)(a) – industrial exception

[Subsection 12(1)] does apply to prevent anunlicensed person from doing an act that is withinthe practice of professional engineering ... whendoing professional engineering related toproduction machinery used in the facilities of theiremployer to produce products for that employer.

Other Exceptions to Licence


Section 12(3)(c) – design of tool & diesexception

[Subsection 12(1)] does not apply to prevent aperson from doing an act that is within thepractice of professional engineering ... whendesigning or providing tools and dies.

Other Exceptions to Licence


Section 12(4)-12(5) – Architects exception

Buildings up to 3 stories and 600 m2

Residential, Business, Personal Services,

Does not house works that have to be designed bya professional engineer

Residential buildings up to 3 stories as long asattached buildings are under 600 m2 and entrancesto units are at ground level.


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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 seekcompliance with the act:

▫ either unlicensed person or no Certificate of

▫ 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 thePE Act

▫ evidence is available


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Penalties - Accountability


Section 40(1) – Penalties

very person w o con ravenes sec on sguilty of an offence and on conviction is liablefor the first offence to a fine of not more than$25,000 and for each subsequent offence toa fine of not more than $50,000.

Enforcement Penalties

Prosecute in Provincial Courts

Penalties - $10,000 - $50,000

Prosecute in Su erior Court

Gain an Order Directing Compliance

Costs to prosecute

Jail up to 30 days if oppose Order

Enforcement Act ions

Typical year:

• out-of-province engineers contacted

•

self-employed engineers contacted

• internet title use contacted

• industrial facilities contacted

• 3 prosecutions in Court


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What is Discipline?

PEO will conduct an investigation on alicensed engineer when:

▫ a public complaint is received▫

▫ there is clear evidence of a violation of the PE Act

▫ evidence is available

▫ an engineer is found guilty of professionalmisconduct, negligence, incompetence

Penalties - Accountability

• Professional Engineers ActSection 28 – Powers of Discipline Committee

• Revoke the licence / C of A• Suspend the licence / C of A• m e prac ce• 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

Practice: write, revise, rewrite, repeat

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?

serve and protect – use a system

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

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 urpose o a or 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

o Practice Guidelines : Overview

o Use of Professional Engineer’s 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/

OSPE: www.ospe.on.caOntario Society of Professional Engineers: Advocacy

$3,500 Leadership Award Just for You

Sterling Award


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$3,500 Sterling Award

Deadline:

2

nd

Friday of October each year

Qualifications

• EIT• Leadership experience as a volunteer

[email protected]

Happy Studies

eit ppe seminar - march 2016

Documents