As an engineer, you play a critical role in the development and security of our infrastructure, technologies and systems. However, the practice of this rigorously supervised profession carries with it high responsibilities and strict professional standards. A disciplinary investigation or complaint under the Professional Code or the Professional Engineers Act can threaten not only your career, but also your reputation. At Lambert Lawyers, we understand the unique challenges that engineers can face. Our team of lawyers specializing in disciplinary and professional law is there to support you and defend your rights, whether before the syndic of the Ordre des ingénieurs or before the courts. Contact us immediately for accurate legal advice and strong representation before disciplinary bodies.
Practice of the engineering profession
The practice of engineering includes certain activities reserved strictly for engineers, since they pose a significant risk of harm to public safety and only engineers have the necessary skills to perform them. Under section 2 of the Act, these activities are:
- The determination and application of concepts, parameters, equations or models to anticipate the behaviour of structures, materials, processes or systems;
- The use of tests or calculations requiring the use of models based on engineering principles in order to validate its hypotheses and verify its results;
- Supervision of the work, in particular for the purpose of producing a certificate of compliance required by law.
- Inspection of structures to ensure its integrity and safety;
- Preparing, modifying, signing and sealing documents;
- Changes and their purpose must be clearly indicated on the documents.
- The issuance of an opinion on quality or conformity or on design or on an element relating to a professional activity.
Illegal practices
The practice of engineering is framed by codes, laws, and regulations to ensure the protection of the public. For this reason, some acts are illegal and can lead to a conviction of the individual or professional. 
Usurpation of the title of engineer Under section 22 of the Act, it is illegal to take the title of professional engineer or to use a title, designation or abbreviation that is likely to suggest or advertise that the practice of the profession of engineer is permitted. No person may engage in a professional activity reserved under section 2 of the Act under penalty of contravening the Act and committing an offence. Use of unsigned plans or specifications sealed by an engineer Before it can be used, a plan must be signed and sealed or it will be used in contravention of section 24 of the Act. On the other hand, when the plan or specification was prepared outside Québec, it relates to an element that will be integrated into another work, it is the subject of a specification prepared by an engineer who is a member of the Order, and the integration plan for the element was prepared by an engineer who is a member of the Order, The plan or specification may not be signed and sealed. Illegal designation of a company Under section 26 of the Act, no corporation may include in its name the following words: engineer, engineering, engineer, or engineering, unless that word was part of its name on July 16, 1964.
Ethical obligations
Members of the College, in addition to the obligations enshrined in the Act and the Code, have a duty to safeguard the dignity of their profession around the world. To do so, they must meet various obligations towards different actors such as the public, customers, employers and their peers.
Obligations to the public
Obligations to people and the environment Ethical obligations relating to the human person include, in particular, those to avoid injury to the life, health, well-being and integrity of the human person and the environment. Members of the Order must be careful not to contravene laws designed to preserve the life, health, well-being, property of the person or the environment, under penalty of exposing themselves to a civil or criminal conviction, or even a disciplinary conviction. This obligation stems from the obligation to inform their clients and stakeholders of the environmental and social consequences that a project entails. Under the National Guide for Professional Engineers on Sustainable Development and Environmental Stewardship, the professional engineer is required to demonstrate leadership and raise awareness of sustainable development issues among project proponents. Information obligations regarding work that is dangerous to public health When an engineer considers that work is dangerous to public safety, he or she has an obligation, under section 2.03 of the Code, to inform the Order or the persons responsible for the work in question as soon as possible and preferably in writing. However, he must avoid making rash public statements or making unnecessarily alarmist statements. It should be noted that the assessment of the dangerous nature of the work takes the form of an estimate or an approximate calculation. It does not imply an appraisal of the work in itself. Obligation of sufficient knowledge and honest convictions Before accepting a retainer, the engineer must judge his or her experience and training to determine whether he or she has the prior qualifications and factual knowledge to make a decision and do the work required of him.
Obligations to the client or employer
In return for the exclusive right to practice certain professional acts, the engineer must respect certain obligations towards the beneficiaries of his services. These allow the establishment of a bond of trust. The engineer is therefore required to act with competence, integrity, disinterestedness and independence, to demonstrate availability and diligence, to respect professional secrecy and to sign, seal and supervise. He has the obligation to ask for fees that are fair and reasonable, that is, that are justified by the circumstances and proportionate to the services rendered. Factors to consider include the time spent on the assignment, the difficulty and importance of the assignment, the provision of unusual or demanding services, and the responsibility assumed. Explanations as to the understanding of the fees and terms of payment must be given to the client when requested. The engineer must also keep all engineering documents for at least 10 years after the closing date of the file.
Obligations to the profession
In order to maintain the authority of the College and to maintain the honour and dignity of the profession, there are certain rules that guide members of the College in their behaviour. These are listed in section 4.01.01 of the Code and include, among other things, not participating in or contributing to the illegal practice of the profession. The Professional Code also mentions, in sections 59.1.1 and 59.2, several acts derogating from the dignity of the profession that apply to engineers. Engineers also have obligations to their colleagues. These include the duty of loyalty to peers, not to abuse their trust or maliciously damage their reputation, and the obligation to notify their peers when it is necessary to review or revise their work. In contrast, obligations to the public and clients take precedence over obligations to the profession.
Authentication and other document obligations
Authentication
In order to comply with his ethical obligations, an engineer must authenticate any engineering document, regardless of its purpose, i.e. its use. This authentication requires the signature of the latter and, when required, the affixing of his seal. Authentication requirements vary depending on the type of document.
Plans and specifications
Plans and specifications are authenticated using the engineer’s seal, as well as their handwritten or digital signature. The date of authentication is also required. In addition, when the plan is final, it must be authenticated by the engineer responsible for the design, as well as by any other engineer who has made changes to it. They can indicate their contribution to the final plan by means of a note or a symbol. 
Other Engineering Documents
All other engineering documents, including studies, specifications, written opinions, or decommissioning plans, are authenticated using the engineer’s physical or digital signature, name, title, and member number, and the date of authentication. Where indicated by a statute or regulation, the engineer’s seal must also be affixed. In addition, when a document is produced for comment or coordination, it must include the name of the engineer who prepared it and its title, as well as the date of preparation, the reference “document for comment” or “document for coordination” and a boundary note. This note may, for example, take the following form: “This document is not to be used for construction purposes.
Purpose
The purpose of each engineering document must be indicated on it to prevent it from being used for any purpose other than that for which it was prepared. Typically, the purpose is one of the project milestones, such as a plan produced for the purpose of applying for a permit or obtaining a bid. It can be indicated on the document as follows: “for permit”, “for tender”, “for construction”, “final plan”, etc.
Possible sanctions
According to the Professional Code, the possible sanctions for an engineer who has contravened his or her professional obligations are as follows:
- Reprimand;
- Fine ($2,500 to $62,500 for each offence);
- Temporary or permanent removal from the Roll of Members;
- Limitation or suspension of the right to practise;
- Revocation of licence.
The decision may include a recommendation to the Board of Directors to require the member to take a refresher course or internship, or both, and to limit or suspend the member’s right to practise during that period. In some cases, the complaint may require the immediate striking off the roll or temporary limitation of the engineer, pending a final decision. This will be the case in particular when he is accused of:
- of having committed an offence of such a nature that the protection of the public is likely to be jeopardized if he continues to practise his profession;
- refusing to provide information or documents in the context of a professional inspection or syndic investigation;
- of inducing a person in possession of information concerning him not to cooperate in such circumstances.
If you are the subject of an investigation or complaint by the Ordre des ingénieurs du Québec, don’t let these accusations jeopardize your practice. Talk to our professional lawyers today.