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Repeal of section 12(3)(a) of the Professional Engineers Act - Industrial Machinery or Equipment

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On October 25, 2010, the Ontario government gave Royal Assent to Bill 68, the Open for Business Act, 2010, and repealed section 12(3)(a) of the Professional Engineers Act, which enables acts of professional engineering on production equipment or machinery to be carried out by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 ActSpecifically, 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 Publications and Releases

2015

2013

2011

2010

Who would this change affect?

Would I need a licence if repeal were proclaimed?

If repeal were proclaimed into effect 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.

How to comply

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.

Licensing Assistance

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.

Media Coverage

2015

2014

2013

2012

2011

2010

2008

Removal of Industrial Exception Task Force (RIETF)

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, cknox@peo.on.ca and Steven Haddock - Enforcement and Advisory Officer, Regulatory Compliance, shaddock@peo.on.ca

Documents:

2012 Minutes:

2011 Minutes:

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