O. Reg. 26/13: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r13026
Published: 2013-01-24

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ontario regulation 26/13

made under the

Professional Engineers Act

Made: September 21, 2012
Approved: January 23, 2013
Filed: January 24, 2013
Published on e-Laws: January 25, 2013
Printed in The Ontario Gazette: February 9, 2013


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

(GENERAL)

1. Regulation 941 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:

88. (1) In this section,

“industrial exemption repeal date” means the day subsection 5 (17) of Schedule 2 to the Open for Business Act, 2010 comes into force.

(2) The Act does not apply to any act done on or after the industrial exemption repeal date by a person who is not the holder of a licence, a temporary licence, a provisional licence or a limited licence that is within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of the person’s employer in the production of products by the person’s employer, if, before the industrial exemption repeal date,

(a) the person applies for a licence, temporary licence or limited licence;

(b) the person’s employer files a document with the Registrar containing the information set out in subsection (3), in the form provided by the Association, and the document is approved in writing by the Registrar; and

(c) the person is a person named in the document under clause (3) (b).

(3) The document shall contain,

(a) a statement by the person’s employer that the employer is employing or will employ persons who,

(i) are not holders of a licence, a temporary licence, a provisional licence or a limited licence, and

(ii) do acts described in subsection (2);

(b) the names of the persons referred to in clause (a); and

(c) a statement by the person’s employer that the employer and each of the persons referred to in clause (a) are taking and shall take all necessary measures to ensure that any act described in subsection (2) that is done by that person on or after the industrial exemption repeal date by virtue of the exemption in subsection (2) shall be done in a manner that safeguards life, health, property, economic interests, the public welfare and the environment.

(4) Subsection (2) does not apply to acts done by a person if the person’s employer knowingly makes a false statement in the document. 

(5) If the person’s application for a licence, temporary licence or limited licence is refused by the Registrar or withdrawn, subsection (2) ceases to apply to acts done by the person on and after the date of the refusal or withdrawal.

(6) If the Registrar discovers that the person is failing or has failed to meet the obligation described in clause (3) (c), subsection (2) ceases to apply to acts done by the person on and after the first day on which the failure occurred.

(7) If the Registrar discovers that an employer is failing or has failed to meet the obligation described in clause (3) (c), subsection (2) ceases to apply to acts done by any of the persons named by the employer under clause (3) (b) on and after the first day on which the failure occurred.

(8) The Registrar shall give notice of a cessation under subsection (6) or (7) to each of the affected persons and to his or her employer, and the Registrar shall indicate in the notice the date of and reason for the cessation.

2. Section 88 of the Regulation, as made by section 1, is revoked.

Commencement

3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 2 comes into force on the first anniversary of the day subsection 5 (17) of Schedule 2 to the Open for Business Act, 2010 comes into force.

Made by:

Council of the Association of Professional Engineers of Ontario:

Denis Dixon

President,

Linda Latham,

Deputy Registrar, Regulatory Compliance

Date made: September 21, 2012.