1. Changes to the Engineering Profession 1© Association of Professional Engineers of Ontario

2. Bill 68, Open for Business, 2010 Government bill under Minister of Economic Development and Trade, Hon. Sandra Pupatello Government bill under Minister of Economic Development and Trade, Hon. Sandra Pupatello An Act to promote Ontario as open for business by amending or repealing 46 Acts, including the Professional Engineers Act An Act to promote Ontario as open for business by amending or repealing 46 Acts, including the Professional Engineers Act Debated with public hearings throughout 2010 Debated with public hearings throughout 2010 66 changes to the Professional Engineers Act: 66 changes to the Professional Engineers Act: 40 subsections - on October 25, 2010; 40 subsections - on October 25, 2010; 26 subsections – on proclamation 26 subsections – on proclamation 2© Association of Professional Engineers of Ontario

3. Why? To more comprehensively protect the environment and Ontarian’s interests To more comprehensively protect the environment and Ontarian’s interests Improves workplace safety in Ontario Improves workplace safety in Ontario To create a more competitive business climate To create a more competitive business climate Reduces inter-provincial/territorial barriers Reduces inter-provincial/territorial barriers Reduces costs of workplace injuries Reduces costs of workplace injuries 3© Association of Professional Engineers of Ontario

4. Eliminate Industrial Exception Pending the date of proclamation, the “industrial exception” to licence will be repealed: Pending the date of proclamation, the “industrial exception” to licence will be repealed: Anyone is allowed to do professional engineering related to production machinery or equipment used in the facilities of their employer to produce products for that employer. Anyone is allowed to do professional engineering related to production machinery or equipment used in the facilities of their employer to produce products for that employer. 4© Association of Professional Engineers of Ontario A licensed P.Eng. has been and continues to be required to do professional engineering on equipment of a structural nature. A licensed P.Eng. has been and continues to be required to do professional engineering on equipment of a structural nature.

5. History – Industrial Exception 1984 – exception possibly created under the belief that the public would not be affected by the goings on within a producer’s facility 1984 – exception possibly created under the belief that the public would not be affected by the goings on within a producer’s facility 1991 - Occupational Health and Safety Act (OH&SA) and its Regulation 851 changed to require pre- start health and safety inspection (PSR) reviews by licensed professional engineers. 1991 - Occupational Health and Safety Act (OH&SA) and its Regulation 851 changed to require pre- start health and safety inspection (PSR) reviews by licensed professional engineers. 2007-10 - Ontario government led Open for Business strategy 2007-10 - Ontario government led Open for Business strategy 5© Association of Professional Engineers of Ontario

6. The Public Interest Worker safety improved when Occupational Health & Safety Act (OH&SA) amended to require PSRs by professional engineers. Worker safety improved when Occupational Health & Safety Act (OH&SA) amended to require PSRs by professional engineers. 6© Association of Professional Engineers of Ontario

7. Improved business climate Harmonize engineering practise across Canada Harmonize engineering practise across Canada Goal is that when a business sends an employee to their facility in another province and/or territory, the same professional engineering work will be governed by the same licensing requirements. Goal is that when a business sends an employee to their facility in another province and/or territory, the same professional engineering work will be governed by the same licensing requirements. Industrial Exception existed only in Ontario. Industrial Exception existed only in Ontario. 7© Association of Professional Engineers of Ontario

8. Improved business climate (cont’d) Reduce costs from workplace injuries Reduce costs from workplace injuries Harmonize Professional Engineers Act with OH&SA, resulting in safer designs which will make PSRs easier and may even eliminate the requirement eventually. Harmonize Professional Engineers Act with OH&SA, resulting in safer designs which will make PSRs easier and may even eliminate the requirement eventually. Further assurances and accountabilities will exist with licensed professional engineers in place Further assurances and accountabilities will exist with licensed professional engineers in place 8© Association of Professional Engineers of Ontario

9. What is production machinery? Any equipment or machinery that is used at any stage to make the end or final product of that production facility (either consumer or industrial product) Any equipment or machinery that is used at any stage to make the end or final product of that production facility (either consumer or industrial product) A machine that processes pulp and paper A machine that processes pulp and paper A fixture on equipment for ergonomics A fixture on equipment for ergonomics Equipment on a packaging line Equipment on a packaging line Other equipment that protects the health of workers such as fume hoods, air treatment, pollution controls, already require a P.Eng. and do not fall under the “industrial exception” 9© Association of Professional Engineers of Ontario

10. What is Professional Engineering? Effective Oct 25, 2010, the definition of professional engineering changed: Effective Oct 25, 2010, the definition of professional engineering changed: …the safeguarding of life, health, property, economic interests, the public welfare or the environment… …the safeguarding of life, health, property, economic interests, the public welfare or the environment…+ Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising, or the managing of any such act… Any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising, or the managing of any such act…+ …that requires the application of engineering principles… …that requires the application of engineering principles… 10© Association of Professional Engineers of Ontario

11. What work is professional engineering? Work MAYBE professional engineering: Work MAYBE professional engineering: layout of equipment of manufacturing processes (composing/designing) layout of equipment of manufacturing processes (composing/designing) Specification of equipment (evaluating) Specification of equipment (evaluating) Design of fixtures if they carry any structural load Design of fixtures if they carry any structural load Maintenance plans, quality plans, lockout procedures Maintenance plans, quality plans, lockout procedures Work MAY NOT BE professional engineering: Work MAY NOT BE professional engineering: Procurement of equipment Procurement of equipment Design of tooling – exempt under s.12(3)(c) Design of tooling – exempt under s.12(3)(c) Support of maintenance and quality Support of maintenance and quality Preparation of capital budget (not apply engineering principles) Preparation of capital budget (not apply engineering principles) Managing the production of new products by the facility Managing the production of new products by the facility 11© Association of Professional Engineers of Ontario

12. License exceptions maintained… Must have P.Eng. unless: Must have P.Eng. unless: P.Eng. or LEL takes responsibility for work P.Eng. or LEL takes responsibility for work Tool, Die and Mould Manufacturers (designing / providing tools and dies) Tool, Die and Mould Manufacturers (designing / providing tools and dies) Work exempt by another statute Work exempt by another statute Architecture exempt work (non-structural) Architecture exempt work (non-structural) 12© Association of Professional Engineers of Ontario

13. What does this mean for me? Owner/Operator Owner/Operator Some highly qualified but unlicensed people may be doing professional engineering work that will no longer be exempt. Some highly qualified but unlicensed people may be doing professional engineering work that will no longer be exempt. Look at licensing options and/or supervision options Look at licensing options and/or supervision options Worker Worker Look at licensing options and/or supervision options based on your academic and work experience Look at licensing options and/or supervision options based on your academic and work experience 13© Association of Professional Engineers of Ontario

14. How can PEO help? 16-member task force of senior engineers with broad manufacturing experience to consult with 16-member task force of senior engineers with broad manufacturing experience to consult with 14© Association of Professional Engineers of Ontario

15. How can PEO help? 111 industry associations outreached to 111 industry associations outreached to Positive and supportive responses to date Positive and supportive responses to date Willingness to inform and support their members Willingness to inform and support their members 18 public meetings held, more upcoming 18 public meetings held, more upcoming 5 large companies started discussions with 5 large companies started discussions with 15© Association of Professional Engineers of Ontario

16. How can PEO help? New guideline written: What is changing about professional engineering work in a production facility in Ontario... New guideline written: What is changing about professional engineering work in a production facility in Ontario... New website being developed for ongoing communications, timing updates, tools to assist industry New website being developed for ongoing communications, timing updates, tools to assist industry 16© Association of Professional Engineers of Ontario

17. When? Ontario Government will probably decide on proclamation of the industrial exception repeal later this year. Ontario Government will probably decide on proclamation of the industrial exception repeal later this year. PEO’s goal is to educate and seek compliance so industry is ready for the change PEO’s goal is to educate and seek compliance so industry is ready for the change 17© Association of Professional Engineers of Ontario

18. Working together PEO seeks your assistance to advise your: PEO seeks your assistance to advise your: Chapter members, employers (supervisor, human resources managers), industry associations, peers Chapter members, employers (supervisor, human resources managers), industry associations, peers Contact PEO Contact PEO consultwithus@peo.on.ca consultwithus@peo.on.ca Marisa Sterling, P. Eng.Steven Haddock 18© Association of Professional Engineers of Ontario