Repeal of the Industrial Exception Section 12(3)(a) of the Professional Engineers Act
- PEO Publications and Media Coverage
- Who would this change affect?
- Would I need a licence if the repeal is reclaimed?
- How to comply
- Licensing Assistance
- Repeal of the Industrial Exception Task Force (RIETF)
As a regulator, PEO has a responsibility to identify legislative gaps in the areas over which it has jurisdiction that put the public at risk. The machinery exception at section 12(3)(a) of the Professional Engineers Act is one such gap.
On October 25, 2010, the Ontario government gave Royal Assent to Bill 68, the Open for Business Act, 2010, and repealed section 12(3)(a) of the Professional Engineers Act, which enables acts of professional engineering on production equipment or machinery to be carried out by unlicensed individuals in a manufacturing workplace. Implementation of the repeal would occur on the date this section of Bill 68 is proclaimed.
On June 12, 2013 the government removed its previously announced proclamation date of September 1, 2013. It did not set a new implementation date.
PEO chapters, through the Government Liaison Program, engaged candidates running in the August 1, 2013 provincial byelections to raise awareness of issues, such as the repeal, that affect regulation of the engineering profession in Ontario and PEO's ability to effectively carry out its mandate.
In its Fall Economic Statement released on November 26, 2015, the Ontario government announced its intention to abandon permanently its commitment to repeal clause (a) of subsection 12(3) of the Professional Engineers Act. Specifically, under the heading of "Lowering Business Costs through Modernization Regulations," the government stated its intention to implement measures "on an expedited basis" aimed at, among other things, "permanently maintaining the industrial exception in the Professional Engineers Act".
- PEO considering next move on repeal issue - Nov/Dec Engineering Dimensions
- PEO still pressing forward to win repeal of industrial exception - Sept/Oct Engineering Dimensions
- Engineering Regulator Dismayed at Ontario Government’s Unwillingness to Improve Workplace Safety - Media Release - June 9, 2016
- PEO on track to complete industrial exception research study - May/June Engineering Dimensions
- Government making shocking move to maintain industrial exception - Jan/Feb Engineering Dimensions
- PEO meets with NDP finance critic to discuss ramifications of government's actions - GLP Weekly - December 4, 2015
- PEO meets with PC finance critic to discuss ramifications of government's actions - GLP Weekly - December 4, 2015
- Engineer's Canada concerned over Ontario government's decision to maintain industrial exception - GLP Weekly - December 4, 2015
- Ontario government decides to keep controversial "industrial exemption" - Canadian Consulting Engineer - December 2, 2015
- Engineers Canada concerned Ontario government decision will negatively impact workplace health and safety - Engineers Canada Media Release - November 30, 2015
- Professional Engineers Ontario Condemns Government Reversal on Commitment to Improve Workplace Health and Safety - Eblast - November 27, 2015
- Province blindsides PEO with repeal announcement in Fall Economic Statement - GLP Weekly - November 27, 2015
- Professional Engineers Ontario Condemns Government Reversal on Commitment to Improve Workplace Health and Safety - Media Release - November 26, 2015
- PEO seeks more data to buttress case to repeal the industrial exception - July/Aug Engineering Dimensions
- PEO wooing NDP support for repeal of industrial exception - Jan/Feb Engineering Dimensions
2014 and earlier
- The repeal explained
- Myths and facts on the repeal of section 12.3(a) of the Professional Engineers Act in Ontario
If repeal is proclaimed, you would need a licence to take responsibility for engineering work on machinery or equipment that produces a product for your employer. You can take this test to determine if the work you do requires an engineering licence.
- Guide: Would I need a licence if the repeal is proclaimed?
- Guide: Would I need a Certificate of Authorization if the repeal is proclaimed?
To determine if the repeal of section 12(3)(a) of the Professional Engineers Act would affect you or your organization, PEO recommends conducting a self-audit using the Compliance Tool Kit. If you determine that you are not compliant, you can submit to PEO the appropriate licence applications for those unlicensed employees who are determined to require the licence.
If you are applying for a licence, please watch the relevant PowerPoint presentations below for guidance on how to qualify and apply. If after watching the presentation, you have additional questions, please click on “Who to contact for licensing assistance” and email the appropriate individual with your question.
This task force was established to assist the Ontario government with the communication and implementation of Bill 68, Open for Business Act, 2010, which repeals section 12.3(a) of the Professional Engineers Act.
Meetings: approx. 10/yr.
Membership: currently 14 members (appointed by PEO Council).
Committee Chair: Peter Broad, P.Eng.
Committee Vice-Chair: Duncan Blachford, P.Eng.
Committee Advisors: Cliff Knox, P.Eng. – Manager, Enforcement, Regulatory Compliance, email@example.com and Steven Haddock - Enforcement and Advisory Officer, Regulatory Compliance, firstname.lastname@example.org
- Terms of Reference
- Human Resources Plan (awaiting Council approval)
- Work Plan (pending)
- November 22, 2011
- October 26, 2011
- September 21, 2011
- July 20, 2011
- June 22, 2011
- May 11, 2011
- April 13, 2011
- March 23, 2011
- February 16, 2011
- January 19, 2011
The electronic addresses of PEO’s staff are provided for inquiring about PEO’s regulatory activities related to the regulation of professional engineers. The staff do not wish to and do not consent to receiving unsolicited commercial electronic messages such as advertising or other promotional material.