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PROFESSIONAL ENGINEERS ACT

OF ONTARIO

Definitions in the facilities of the person's employer in


the production of products by the person's
1. In this Act, employer;

"practice of professional engineering" (b) from doing an act that is within the
means any act of designing, composing, practice of professional engineering where a
evaluating, advising, reporting, directing or professional engineer assumes responsibility
supervising wherein the safeguarding of life, for the services within the practice of
health, property or the public welfare is professional engineering to which the act is
concerned and that requires the application related;
of engineering principles, but does not
include practicing as a natural scientist; (c) from designing or providing tools and
dies;
When licences or certificates required
Licensing requirement (d) from doing an act that is within the
practice of professional engineering but that
12.(1) No person shall engage in the practice is exempt from the application of this Act
of professional engineering or hold himself, when performed or provided by a member of
herself or itself out as engaging in the a class of persons prescribed by the
practice of professional engineering unless regulations for the purpose of the exemption,
the person is the holder of a licence, a if the person is a member of the class;
temporary licence, a provisional licence or a
limited licence. R.S.O. 1990, c.P.28, s.l (1); (e) from doing an act that is exempt by the
2001, c.9, Sched. B, s.ll (16). regulations from the application of this Act;

Certificate of authorization (f) from using the title "engineer" or an


abbreviation of that title in a manner that is
(2) No person shall offer to the public or authorized or required by an Act or
engage in the business of providing to the regulation. R.S.O. 1990, c.P.28, s.l2(3);
public services that are within the practice of 2001, c.9, Sched. B, s.l 1(17).
professional engineering except under and in
accordance with a certificate of Idem
authorization. R.S.O. 1990, c.P.28, S.12(2).
(4) Subsections (1) and (2) do not apply to
Exceptions the preparation or provision of a design for
the construction, enlargement or alteration
(3) Subsections (1) and (2) do not apply to of a building,
prevent a person,
(a) that is not more than three storeys and
(a) from doing an act that is within the not more than 600 square metres in gross
practice of professional engineering in area as constructed, enlarged or altered;
relation to machinery or equipment, other
than equipment of a structural nature, for use

Submitted to ESO November 2005.


PROFESSIONAL ENGINEERS ACT
OF ONTARIO
Page Two

(b) that is used or intended for one or more of the building or the safety of persons in the
of residential occupancy, business building. R.S.O. 1990, c. P.28, s. 12(5).
occupancy, personal services occupancy,
mercantile occupancy or industrial Idem
occupancy; and
(6) The following rules govern the
(c) is not designed to house and is not part of relationship between professional engineers
an apparatus, process, facility or works the and architects and subsections (1) and (2) do
design of which is within the practice of not apply to prevent an architect from
professional engineering. R.S.O. 1990, c. preparing or providing a design for and
P.28, s. 12(4). carrying out the general review of the
construction, enlargement or alteration of a
Idem building in accordance with these rules:

(5) Subsections (1) and (2) do not apply to, 1. Only an architect may prepare or provide
a design for the construction, enlargement or
(a) the preparation or provision of a design alteration of a building,
for the construction, enlargement or
alteration of a building that is not more than i. used or intended for
three storeys and that is used or intended for residential occupancy,
residential occupancy and,
ii. that exceeds 600 square
(i) that contains one dwelling unit or metres in gross area, and
two attached dwelling units each of
which is constructed directly on
grade, or iii. that does not exceed three storeys,
and carry out the general review of
(ii) that is not more than 600 square the construction, enlargement or
metres in building area as alteration of the building but an
constructed, enlarged or altered and architect who prepares or provides
contains three or more attached such a design may engage a
dwelling units, each of which is professional engineer to provide
constructed directly on grade, with services within the practice of
no dwelling unit constructed above professional engineering in
another dwelling unit; or connection with the design and the
professional engineer may provide
(b) the preparation or provision of a design the services.
for alterations within a dwelling unit that
will not affect or are not likely to affect fire
separations, firewalls, the strength or safety

Submitted to ESO November 2005.


PROFESSIONAL ENGINEERS ACT
OF ONTARIO
Page Three

2. A professional engineer or an architect iv. mercantile occupancy that


may prepare or provide a design for the exceeds 600 square metres in gross area or
construction, enlargement or alteration of a three storeys,
building,
v. residential occupancy that
i. that exceeds 600 square exceeds three storeys,

metres in gross area or three storeys, and vi. mixed occupancy consisting of
industrial occupancy and one or more other
ii. that is used or intended for, occupancies, where one of the other
occupancies exceeds 600 square metres in
A. industrial occupancy, or gross area,

B. mixed occupancy consisting of industrial vii. mixed occupancy consisting of a


occupancy and one or more other combination of,
occupancies, where none of the other
occupancies exceeds 600 square metres of A. assembly occupancy and any other
the gross area, but only a professional occupancy, except industrial occupancy,
engineer may provide services within the
practice of professional engineering in B. institutional occupancy and any other
connection with the design. occupancy, except industrial occupancy,
3. Subject to rules 4 and 5, a professional C. one or more of,
engineer shall provide services that are
within the practice of professional 1. business occupancy,
engineering and an architect shall provide
services that are within the practice of 2. personal services occupancy, or
architecture related to the construction,
enlargement or alteration of a building used 3. mercantile occupancy, and any
or intended for, other occupancy, except assembly
occupancy, institutional occupancy or
i. assembly occupancy, industrial occupancy, where the building as
constructed, enlarged or altered exceeds 600
ii. institutional occupancy, square metres in gross area or three storeys,
iii. business occupancy or personal D. residential occupancy that exceeds three
services occupancy that exceeds 600 square storeys and any other occupancy, where the
metres in gross area or three storeys, building as constructed, enlarged or altered
exceeds 600 square metres in gross area, or

Submitted to ESQ November 2005.


PROFESSIONAL ENGINEERS ACT
OF ONTARIO
Page Four

construction, enlargement or alteration of


viii. any other occupancy where the the building and is necessary,
building as constructed, enlarged or altered
exceeds 600 square metres in gross area or i. for the construction,
three storeys, but a professional engineer enlargement or alteration of the building and
may provide a design for the industrial is incidental to other services provided as
occupancy of a mixed occupancy described part of the practice of professional
in subparagraph vi. engineering by the professional engineer in
respect of the construction, enlargement or
4. An architect may perform or provide alteration of the building, or
services that are within the practice of
professional engineering in preparing or ii. for co-ordination purposes.
providing a design for and carrying out the
general review of the construction, 6. Only an architect may carry out or
enlargement or alteration of a building provide the general review of the
described in rule 2 or 3 where to do so does construction, enlargement or alteration of a
not constitute a substantial part of the building,
services within the practice of professional
engineering related to the construction, i. that is constructed, enlarged
enlargement or alteration of the building and or altered in accordance with a design
is necessary, prepared or provided by an architect, or ii.
in relation to services that are provided by
i. for the construction, an architect in connection with the design in
enlargement or alteration of the building and accordance with which the building is
is incidental to other services provided as constructed, enlarged or altered.
part of the practice of architecture by the
architect in respect of the construction, 7. Only a professional engineer may carry
enlargement or alteration of the building, or out or provide the general review of the
construction, enlargement or alteration of a
ii. for co-ordination purposes. building,

5. A professional engineer may perform or i. that is constructed, enlarged


provide services that are within the practice or altered in accordance with a design
of architecture in preparing or providing a prepared or provided by a professional
design for and carrying out the general engineer, or
review of the construction, enlargement or
alteration of a building described in rule 1 or
3 where to do so does not constitute a
substantial part of the services within the
practice of architecture related to the

Submitted to ESO November 2005.


PROFESSIONAL ENGINEERS ACT
OF ONTARIO
Page Five

ii. in relation to services that outside surface of exterior walls and the
are provided by a professional engineer in centre line of firewalls; ("aire de batiment")
connection with the design in accordance
with which the building is constructed, "construction " means the doing of anything
enlarged or altered. in the erection, installation, extension or
repair of a building and includes the
8. A professional engineer or an architect installation of a building unit fabricated or
may act as prime consultant for the moved from elsewhere, and "constructed"
construction, enlargement or alteration of a has a corresponding meaning;
building. ("construction", "construit")

9. A reference in these rules to the provision "design" means a plan, sketch, drawing,
of a design or services by a professional graphic representation or specification
engineer applies equally to a holder of a intended to govern the construction,
certificate of authorization. R.S.O. 1990, c. enlargement or alteration of a building or a
P.28, s. 12(6). part of a building; ("plan")

Idem

(7) Subsections (1) and (2) do not apply to


prevent a person from carrying out a general
review of the construction, enlargement or
alteration of a building that does not or is
not intended to take the place of a general
review required to be done by a professional
engineer. R.S.O. 1990, c. P.28, s. 12(7).

Definitions

(8) In this section,

"building" means a structure consisting of a


wall, roof and floor, or any one or more of
them; ("batiment")

"building area" means the greatest


horizontal area of a building within the
outside surface of exterior walls or, where a
firewall is to be constructed, within the

Submitted to ESO November 2005.

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