Professional Misconduct Professional Engineers of Ontario Professional Misconduct

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Professional Misconduct Professional Engineers of Ontario Professional Misconduct Section 72 of the O. Reg.

Professional Misconduct Professional Engineers of Ontario Professional Misconduct Section 72 of the O. Reg. 941 Douglas Wilhelm Harder, M. Math. Department of Electrical and Computer Engineering University of Waterloo WATERLOO ELECTRICAL AND WATERLOO COMPUTER ENGINEERING ELECTRICAL AND COMPUTER ENGINEERING 1

Professional Misconduct Outline This talk focuses on professional misconduct: – Background of professional misconduct

Professional Misconduct Outline This talk focuses on professional misconduct: – Background of professional misconduct – An overview of the fourteen clauses – A detailed look at each clause WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 2

Professional Misconduct Background The definition of misconduct is given in Section 72 of the

Professional Misconduct Background The definition of misconduct is given in Section 72 of the Professional Engineers Act Regulation 941 Misconduct is an action which, if done by a practitioner, should be disciplined A practitioner who follows the Code of Ethics of the Association will more than likely not engage in misconduct WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 3

Professional Misconduct Background Section 72 is divided into two main clauses: (1) The definitions

Professional Misconduct Background Section 72 is divided into two main clauses: (1) The definitions of negligence and harassment, and (2) The definition of misconduct. The first two definitions are used in the second clauses and we will simply define them there WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 4

Professional Misconduct Overview There are fourteen actions which are defined as misconduct which are

Professional Misconduct Overview There are fourteen actions which are defined as misconduct which are briefly summarized here: (a) (b) (c) (d) (e) (f) (g) Negligence Not safeguarding those affected by the practitioner Not correcting/reporting situations which endanger the public Not complying with statutes, regulations, codes, etc. Falsely signing/sealing documents Allowing deviations from work prepared by the practitioner Breaching the Act or regulations WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 5

Professional Misconduct Overview (h) Incompetence (i) Undisclosed conflicts of interest (j) Disgraceful, dishonourable, or

Professional Misconduct Overview (h) Incompetence (i) Undisclosed conflicts of interest (j) Disgraceful, dishonourable, or unprofessional actions (k) Overstepping ones licence/authority (l) Withholding documents/information for an investigation (m) Allowing non-professionals to practice professional engineering (n) Harassment WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 6

Professional Misconduct 72(2)(a) “professional misconduct” means negligence, that is, an act or an omission

Professional Misconduct 72(2)(a) “professional misconduct” means negligence, that is, an act or an omission in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstances WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 7

Professional Misconduct 72(2)(b) “professional misconduct” means failure to make reasonable provision for the safeguarding

Professional Misconduct 72(2)(b) “professional misconduct” means failure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for which the practitioner is responsible WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 8

Professional Misconduct 72(2)(c) “professional misconduct” means failure to act to correct or report a

Professional Misconduct 72(2)(c) “professional misconduct” means failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 9

Professional Misconduct 72(2)(d) “professional misconduct” means failure to make responsible provision for complying with

Professional Misconduct 72(2)(d) “professional misconduct” means failure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and rules in connection with work being undertaken by or under the responsibility of the practitioner WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 10

Professional Misconduct 72(2)(e) “professional misconduct” means signing or sealing a final drawing, specification, plan,

Professional Misconduct 72(2)(e) “professional misconduct” means signing or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the practitioner WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 11

Professional Misconduct 72(2)(f) “professional misconduct” means failure of a practitioner to present clearly to

Professional Misconduct 72(2)(f) “professional misconduct” means failure of a practitioner to present clearly to the practitioner's employer the consequences to be expected from a deviation proposed in work, if the professional engineering judgment of the practitioner is overruled by non-technical authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 12

Professional Misconduct 72(2)(g) “professional misconduct” means breach of the Act or regulations, other than

Professional Misconduct 72(2)(g) “professional misconduct” means breach of the Act or regulations, other than an action that is solely a breach of the code of ethics WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 13

Professional Misconduct 72(2)(h) “professional misconduct” means undertaking work the practitioner is not competent to

Professional Misconduct 72(2)(h) “professional misconduct” means undertaking work the practitioner is not competent to perform by virtue of the practitioner's training and experience WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 14

Professional Misconduct 72(2)(i) “professional misconduct” means failure to make prompt, voluntary and complete disclosure

Professional Misconduct 72(2)(i) “professional misconduct” means failure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an employer or to a client. . . WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 15

Professional Misconduct 72(2)(i)1 . . . and in particular, without limiting the generality of

Professional Misconduct 72(2)(i)1 . . . and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure: 1. Accepting compensation in any form for a particular service from more than one party. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 16

Professional Misconduct 72(2)(i)2 . . . and in particular, without limiting the generality of

Professional Misconduct 72(2)(i)2 . . . and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure: 2. Submitting a tender or acting as a contractor in respect of work upon which the practitioner may be performing as a professional engineer. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 17

Professional Misconduct 72(2)(i)3 . . . and in particular, without limiting the generality of

Professional Misconduct 72(2)(i)3 . . . and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure: 3. Participating in the supply of material or equipment to be used by the employer or client of the practitioner. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 18

Professional Misconduct 72(2)(i)4 . . . and in particular, without limiting the generality of

Professional Misconduct 72(2)(i)4 . . . and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure: 4. Contracting in the practitioner's own right to perform professional engineering services for other than the practitioner's employer. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 19

Professional Misconduct 72(2)(i)5 . . . and in particular, without limiting the generality of

Professional Misconduct 72(2)(i)5 . . . and in particular, without limiting the generality of the foregoing, carrying out any of the following acts without making such a prior disclosure: 5. Expressing opinions or making statements concerning matters within the practice of professional engineering of public interest where the opinions or statements are inspired or paid for by other interests. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 20

Professional Misconduct 72(2)(j) “professional misconduct” means conduct or an act relevant to the practice

Professional Misconduct 72(2)(j) “professional misconduct” means conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 21

Professional Misconduct 72(2)(k) “professional misconduct” means failure by a practitioner to abide by the

Professional Misconduct 72(2)(k) “professional misconduct” means failure by a practitioner to abide by the terms, conditions or limitations of the practitioner's licence, provisional licence, limited licence, temporary licence or certificate WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 22

Professional Misconduct 72(2)(l) “professional misconduct” means failure to supply documents or information requested by

Professional Misconduct 72(2)(l) “professional misconduct” means failure to supply documents or information requested by an investigator acting under section 33 of the Act Registrar’s investigation 33. (1) Where the Registrar believes. . . that a member. . . or a holder. . . has committed an act of professional misconduct or incompetence or. . . there is cause to refuse to issue. . . suspend or revoke a certificate of authorization, the Registrar by order may appoint. . . person(s) to investigate. . . and the person(s) appointed shall report the result. . . to the Registrar. WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 23

Professional Misconduct 72(2)(m) “professional misconduct” means permitting, counselling or assisting a person who is

Professional Misconduct 72(2)(m) “professional misconduct” means permitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional engineering except as provided for in the Act or the regulations WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 24

Professional Misconduct 72(2)(n) “professional misconduct” means harassment, that is, engaging in a course of

Professional Misconduct 72(2)(n) “professional misconduct” means harassment, that is, engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known as unwelcome and that might reasonably be regarded as interfering in a professional engineering relationship WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 25

Professional Misconduct Summary This talk focuses the misconduct – Acts of misconduct are defined

Professional Misconduct Summary This talk focuses the misconduct – Acts of misconduct are defined in the regulations – Misconduct may result in discipline – Fourteen defintions • General duties of action • Duties in the relationship with – Oneself (goals and ideals), employers, clients, the moonlighting clause, other professionals and practitioners, and the profession – A detailed look at each clause WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 26

Professional Misconduct References [1] Professional Engineers Act R. S. O. 1990, CHAPTER P. 28

Professional Misconduct References [1] Professional Engineers Act R. S. O. 1990, CHAPTER P. 28 http: //www. e-laws. gov. on. ca/html/statutes/english/elaws_statutes_90 p 28_e. htm [2] Professional Engineers Act General R. R. O. 1990, Regulation 941. http: //www. e-laws. gov. on. ca/html/regs/english/elaws_regs_900941_e. htm [3] Professional Misconduct, http: //www. peo. on. ca/aboutpeo/Professional. Misconduct. htm WATERLOO ELECTRICAL AND COMPUTER ENGINEERING 27

Professional Misconduct Copyright and Disclaimer • • • These slides are Copyright © 2010

Professional Misconduct Copyright and Disclaimer • • • These slides are Copyright © 2010 by Douglas Wilhelm Harder. All rights reserved. These slides are made publicly available on the web for anyone to use No warranty is given that any information in these slides is correct The use of these slides in studying for the PPE is fully at your own risk If you choose to use them, or a part thereof, for a course at another institution, I ask only three things: – That you inform me that you are using the slides, – That you acknowledge my work, and – That you alert me of any mistakes which I made or changes which you make, and allow me the option of incorporating such changes (with an acknowledgment) in my set of slides Sincerely, WATERLOO ELECTRICAL AND COMPUTER ENGINEERING Douglas Wilhelm Harder, MMath [email protected] uwaterloo. ca 28