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ONTARIO regulation 13/03

made under the

professional engineers act

Made: March 27, 2002
Approved: January 20, 2003
Filed: January 22, 2003
Printed in The Ontario Gazette: February 8, 2003

Amending Reg. 941 of R.R.O. 1990

(General)

1. (1) The definition of “executive director” in section 1 of Regulation 941 of the Revised Regulations of Ontario, 1990 is revoked.

(2) The definition of “practitioner” in section 1 of the Regulation is amended by striking out “a limited licence” and substituting “a provisional licence, a limited licence”.

2. (1) Clause 12 (4) (a) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

(2) Clause 12 (4) (b) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

3. (1) Clause 13 (8) (a) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

(2) Clause 13 (8) (b) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

4. Clause 14 (3) (a) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

5. Section 17 of the Regulation is amended by striking out “executive director” and substituting “Registrar”. 

6. Section 18 of the Regulation is amended by striking out “executive director” and substituting “Registrar”. 

7. Subsection 19 (1) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

8. Clause 21 (f) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

9. Subsection 23 (1) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

10. Clause 29 (d) of the Regulation is amended by striking out “executive director” and substituting “Registrar”.

11. Section 33 of the Regulation is amended by adding the following subsection:

(2) Experience acquired outside Canada satisfies the requirements of paragraph 4 of subsection (1) if,

(a) it is obtained while the applicant is,

(i) employed by an employer whose head office is located in Canada, and

(ii) supervised by one or more persons who are legally authorized to engage in the practice of professional engineering in a Canadian jurisdiction; and

(b) in the Council’s opinion, the experience provides the applicant with,

(i) the necessary practical skill for the practice of professional engineering, and

(ii) sufficient familiarity with the applicable Canadian codes, regulations and standards for the practice of professional engineering.

12. The Regulation is amended by adding the following section:

44.1 (1) The Registrar may grant a provisional licence to an applicant who complies with the requirements of paragraphs 1, 2, 3 and 5 of subsection 33 (1).

(2) The following conditions apply to every provisional licence:

1. The provisional licence is valid for 12 months from the date of issue.  It may be renewed once for up to 12 months if the Registrar is of the opinion that renewal is necessary to enable the applicant to acquire the experience required by paragraph 4 of subsection 33 (1).

2. The holder of the provisional licence is entitled to practise professional engineering only under the supervision of a professional engineer, and shall not issue a final drawing, specification, plan, report or other document unless the supervising professional engineer also signs and dates it and affixes his or her seal to it.

13. Section 45 of the Regulation is revoked and the following substituted:

45. The following conditions apply to every limited licence:

1. The practice of professional engineering by the holder of the limited licence must be limited to the services specified in the limited licence.

2. When the holder of the limited licence ceases to provide the services specified in the limited licence, the holder must notify the Registrar and return to the Registrar the limited licence and the seal issued to the holder.

14. Paragraphs 6 and 7 of section 46 of the Regulation are revoked and the following substituted:

6. A holder of a limited licence who returns the limited licence and related seal to the Registrar and afterwards proposes to resume providing the services specified in the limited licence is entitled to be issued a new limited licence and related seal limited to the services specified in the previous limited licence.

15. (1) Subsection 52 (1) of the Regulation is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause:

(c) the licence number.

(2) Section 52 of the Regulation is amended by adding the following subsections:

(1.1) If a Member’s seal was issued before the day subsections 11 (1) to (65) of Schedule B to the Government Efficiency Act, 2001 come into force,  clause (1) (c) does not apply.

. . . . .

(3.1) Every holder of a provisional licence shall have a seal of a design approved by the Council, the impression of which shall include,

(a) the surname and initials of the holder of the provisional licence;

(b) the words “Provisional Licensee” and “Association of Professional Engineers of Ontario”;

(c) the provisional licence number;

(d) the date of expiry; and

(e) a statement that the holder is entitled to practise professional engineering only under the supervision of a professional engineer, and shall not issue a final drawing, specification, plan, report or other document unless the supervising professional engineer also signs and dates it and affixes his or her seal to it.

(3) Subsection 52 (4) of the Regulation is amended by adding “and” at the end of clause (d) and by revoking clause (e).

16. Section 53 of the Regulation is amended by striking out “or limited licence” and substituting “provisional licence or limited licence”.

17. Section 54 of the Regulation is amended by striking out “limited licence” and substituting “provisional licence, limited licence”.

18. Section 55 of the Regulation is amended by striking out “limited licence” wherever it occurs and substituting in each case “provisional licence, limited licence”.

19. Clause 72 (2) (k) of the Regulation is amended by striking out “limited licence” and substituting “provisional licence, limited licence”.

20. Section 75 of the Regulation is amended by striking out “a limited licence” and substituting “a provisional licence, a limited licence”.

21. Subparagraph 2 iv of section 77 of the Regulation is amended by striking out “limited licence” and substituting “provisional licence, limited licence”.

22. The Regulation is amended by adding the following section:

82.1 The registration fee for an applicant for registration as a holder of a provisional licence is $175.

23. This Regulation comes into force on the day subsections 11 (1) to (65) of Schedule B to the Government Efficiency Act, 2001 come into force.

Council of the Association of Professional Engineers of Ontario:

G. G. M. Sterling

President

R. F. Barker

Registrar

Dated on March 27, 2002.

6/03