Repeal of Industrial Exception Means Professional Engineers Required for Production Equipment Modifications

A recent press release by the Professional Engineers Ontario (PEO) indicated that the Government of Ontario has approved a change to the Professional Engineers Act that will remove the so-called industrial exception starting on March 1, 2013. This means that professional engineering work on equipment or machinery used to produce end products must now be performed by an individual that is licensed by Professional Engineers Ontario (PEO). The Professional Engineers Act has defined professional engineering work as work that meets the following three criteria:

1. Requires the application of engineering principles.
2. Concerns the safeguarding of economic interests, public welfare, the environment.
3. Any act of planning, designing, composing, measuring, evaluating, inspecting, advising, reporting, directing or supervising, or managing any of the activities that comply with (1) and (2).

The change follows the repeal of Section 12(3)(a) of the Act.  Prior to the repeal, 12(3)(a) allowed non-licensed individuals to conduct engineering work when it related to production machinery or production processes in manufacturing — as long as the individual was the manufacturer’s employee.  After the repeal, if you are upgrading or modifying an existing piece of production equipment, and the work qualifies as professional engineering work, then you will require the services of a professional engineer.

The government has made these steps because they want to increase public and workers safety, as well as help decrease businesses costs. They are hoping that with this change will decrease workplace injury/illnesses and minimize downtime and replacement of machinery. It is expected that this change will effect over 1000 companies in Ontario.

PEO is the licensing regulating body for engineering in the province of Ontario with over 80,000 license holders.  NorthBridge Consultants is authorized by PEO to offer professional engineering services in Ontario.

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