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Elimination of industrial exceptions to engineering work in Ontario to proceed

Toronto – According to the Professional Engineers of Ontario (PEO), the prorogation of the Ontario parliament on October 15, 2012, will not affect the pending proclamation of subsection 5(17) of Schedule 2 to the Open for Business Act,...


Toronto – According to the Professional Engineers of Ontario (PEO), the prorogation of the Ontario parliament on October 15, 2012, will not affect the pending proclamation of subsection 5(17) of Schedule 2 to the Open for Business Act, 2010, which removes the industrial exception to licence holders from the Professional Engineers Act. Nor will it affect the pending approval by the Lieutenant Governor in Council, and with the prior review by the Attorney General of Ontario, of a new temporary regulation passed by the governing Council of Professional Engineers Ontario that outlines the transition plan for employers to become compliant with this change.

The approval of the legislative change was expected to occur on Oct. 25, 2012.

Since Bill 68 was passed on October 25, 2010, the Ontario government asked PEO to reach out to industry, explain the narrow scope of this change and help industry with the implementation of the change through a transition plan. PEO has had meetings with industry in over 70% of the province and across a broad range of manufacturing sectors. These meetings have included one-on-one discussions with employers of the specific scope of this change.

As a result of these consultations, PEO’s governing Council passed a regulation in September 2012 that would give employers who file a compliance plan with PEO, up to one year after proclamation of the repeal to be in compliance.

The repeal will put licence holders in a position of oversight of professional engineering work on machinery and/or equipment used in their employer’s facility for the purpose of making a product for their employer. Maintenance practitioners are not affected by this change since maintenance work is not the work of professional engineering, according to the PEO.

PEO says that the change to the Act that will:

– Reduce business operation downtime

– Improve cost efficiencies

– Improve safety of workers

– Ensure accountability is in place

– Reduce regulatory confusion across Canada, and

– Close the gap between the Occupational Health and Safety Act and the Professional Engineers Act.

Details of what this change entails will be reported in the Safety File column of the forthcoming November 2012 issue of Machinery & Equipment MRO magazine.