May 24, 2007

Legislation

Court backs engineers

TORONTO

The Ontario Superior Court of Justice confirmed the authority of Professional Engineers Ontario (PEO) to regulate the practice of the province’s 75,000 professional engineers.

This exclusive jurisdiction extends unequivocally to areas of building code compliance and activities relating to general review of construction.

“This is a momentous event in our profession’s history and a victory for all self-regulating professions in the province,” said PEO past president Patrick J. Quinn, P.Eng., who led the association’s legal action against the provincial government.

“This outcome clearly shows how valid our concerns were, and how justified our efforts have been. I am very proud at how we as engineers have stood in defense of our profession and of all self-regulating professions, who have contributed so greatly to our society.

“Engineers have, since the Building Code amendment discussions began, consistently made the points the Court has agreed with, and in every reasonable way sought to convince the government.

“At considerable effort and expense, we took the only way left to us.”

PEO’s application for judicial review was heard last October.

The association asked the court to interpret the application to PEO licence holders of amendments to the Ontario Building Code Act that took effect Jan. 1, 2006.

The amendments purported to require professional engineers, as designers, to qualify and register under a Ministry of Municipal Affairs and Housing regime to continue to be able to undertake designs and reviews associated with building permit applications. PEO argued there had been no evidence produced to indicate its licences had been inadequate in protecting the public in matters under the Ontario Building Code.

In the last 11 years, more than one million building permits have been issued in Ontario, but only 29 complaints have been made about professional engineers by employees of building departments, of which 23 resulted in discipline hearings.

In its written disposition, the court unanimously ruled in its decision that:

1. Article 2.3.1.1 of the Building Code is not authorized by s.34(1)10 of the Building Code Act and is invalid to the extent that it purports to allocate responsibility for designs between professional engineers and architects.

2. Article 2.3.1.1(4) of the Building Code is not authorized by s.34 of the Building Code Act and is invalid.

3. Clause 1.1(1)(c), subsection 1.1(2), clause 8(2)(c), and subsections 15.11 (5) to (7) of the Building Code Act conflict with the exclusive regulatory jurisdiction of the PEO and do not apply to any holder of any licence or certificate issued under the Professional Engineers Act.

4. Article 2.17 of the Building Code conflicts with the exclusive regulatory jurisdiction of the PEO and does not apply to any holder of any licence or certificate issued under the Professional Engineers Act.

The court also stated that the remedy should equally be available to architects. The Ontario Association of Architects acted as an intervener in the case.

“We are delighted the courts have recognized that our professionals operate with the greatest degree of professionalism, ethics and respect for provincial policies and legislation,” said Kim Allen, P.Eng., CEO/Registrar, PEO.

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