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New Brunswick man fined $50,000 for use of a professional engineer's seal

PRESS RELEASE

TORONTO, Nov. 28, 2023 - The Ontario Court of Justice at Kitchener fined a New Brunswick man, JAY LAWRENCE HARDING, $50,000 for using a fabricated professional engineer's seal in the course of performing "inspections" and "non-destructive tests" of cranes, lifting devices and related parts.

Between 2019 and 2021, Mr. Harding, operating through a sole proprietorship (AJ Ontario Hoist Inspections), used a fabricated seal bearing Harding's name and the title "licensed professional engineer" in the course of performing a large number of "inspections" and "non-destructive tests" of cranes, lifting devices and related parts in several municipalities across Southwestern Ontario.

On November 22, 2023, Mr. Harding pled guilty to 27 counts of breaching section 40(2)(c) of the Professional Engineers Act in connection with this conduct. Her Worship Michele Thompson imposed a $50,000 fine on Mr. Harding.

Additionally, on August 29, 2023, the Honourable Justice Michael Gibson of the Ontario Superior Court of Justice at Kitchener issued a permanent statutory injunction under section 39 of the Professional Engineers Act prohibiting Mr. Harding from holding himself out as a professional engineer or using an engineering seal in Ontario in the future.

Matthew Howe and Jeffrey Wang, both from the Toronto law firm Polley Faith LLP, represented PEO on the matter.

PEO reminds the public that the unauthorized use or forgery of a professional engineer's seal on construction or design drawings is a quasi-criminal offence under the Professional Engineers Act. Such conduct may also result in criminal charges under the Criminal Code of Canada.

Professional Engineers Ontario administers the Professional Engineers Act to serve and protect the public interest by licensing Ontario's 85,000 individual practitioners and engineering firms. Professional engineers can be identified by the P.Eng. after their names. When retaining the services of an engineer or engineering firm, the public may search the directories of licensed professional engineers and authorized professional engineering companies at https://peo.on.ca/directory. Inquiries regarding unlicensed individuals and unauthorized companies may be made to PEO through its enforcement hotline at 416-840-1444 or 1-800-339-3716 ext 1444 or e-mail at enforcement@peo.on.ca.

For further information: For additional information or interviews: Duff McCutcheon, Manager, Communications, Professional Engineers Ontario, Tel: 416-797-8175, Email: dmccutcheon@peo.on.ca

Press Release