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Professional Engineers

Ontario

G U I D E L I N E
U S E O F T H E P R O F E S S I O N A L

E N G I N E E R ’ S S E A L

C o n t r i b u t o r s : C o l i n C a n t l i e , P. E n g . / V i n c e n t C h u , P. E n g . / B e r n a r d E n n i s , P. E n g . / N o r m
F i s h e r, P. E n g . / J o h n H a r a u z , P. E n g . / D o n I r e l a n d , P. E n g . / L e s M i t e l m a n , P. E n g . / B r i a n
R o s s , P. E n g .

Notice: The Professional Standards Committee has a policy of reviewing guidelines every five years to determine

i f t h e g u i d e l i n e i s s t i l l v i a b l e a n d a d e q u a t e . H o w e v e r, p r a c t i c e b u l l e t i n s m a y b e i s s u e d f r o m t i m e t o t i m e t o

clarify statements made herein or to add information useful to those professional engineers engaged in this

area of practice. Users of this guideline who have questions, comments or suggestions for future amendments

and revisions are invited to submit these to PEO using the form provided in Appendix 3.

July 2005. Revised November 2008


Contents

1. PEO Mandate and Criteria for Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2. Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. Purpose and Scope of Guideline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5. Purpose of Professional Engineer’s Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6. Recommended Procedures for Use of Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6.2 Sealing Single-discipline Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.3 Sealing Multi-discipline Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.4 Revising Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.5 Shop Drawings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6.6 Standard Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6.7 As-Built and Record Drawings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6.8 Using Documents Sealed by Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6.9 Translated Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

7. Management of Engineering Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

7.1 Document Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13


7.2 Control of Sealed Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.3 Use and Control of Electronic Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7.4 Retention of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7.5 Copyright Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

8. Professional Responsibility and Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

8.1 Professional Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18


8.2 Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8.3 Sealing Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.4 Penalty for Misuse of Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8.5 Ownership and Replacement of Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

9. Questions and Answers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Appendix 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Appendix 2. Extracts From Regulation 941, Professional Engineers Act . . . . . . . . . . . . . . . 24

Appendix 3. Amendment and Revision Submission Form . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Appendix 4. PEO Professional Practice Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27


1. PEO Mandate and Criteria for Guidelines
Professional Engineers Ontario produces guidelines provided by engineers. They do not aim to be short
for the purpose of educating both licensees and the courses in an engineering subject.
public about standards of practice. This is done to
3. Guidelines provide criteria for expected practice
fulfill PEO’s legislated objectives. Section 2(4)2 of
by describing the required outcome of the process,
the Professional Engineers Act states: “For the purpose
identifying the engineer’s duty to the public in the
of carrying out its principal object” PEO shall “estab-
particular area of practice, and defining the rela-
lish, maintain and develop standards of qualification
tionships and interactions between the various
and standards of practice for the practice of profes-
stakeholders (e.g. government, architects, other
sional engineering”. The association’s Professional
engineers, clients).
Standards Committee is responsible for developing
practice standards and preparing guidelines. 4. Guidelines add value to the professional engineer
licence for licensed engineers and for the public
This guideline has been developed by a task group
by establishing criteria for professional standards
of the Professional Standards Committee, reviewed
of competence.
and approved for publication by the full Profes-
sional Standards Committee and by PEO Council. 5. Guidelines help the public to understand what it
can expect of engineers in relation to a particular
Professional Engineers Ontario produces guide-
task within the practice of professional engineer-
lines to meet the following objectives, which were
ing. By demonstrating that the task requires spe-
used to develop the content of this document.
cialized knowledge, higher standards of care, and
1. Guidelines are intended to aid engineers in perform- responsibility for life and property, guidelines
ing their engineering role in accordance with the help reinforce the public perception of engineers
Professional Engineers Act and Regulation 941. as professionals.

2. Guidelines are intended to define processes required


by regulatory, administrative or ethical considera- See Appendix 4 for a list of PEO professional prac-
tions associated with specific professional services tice guidelines.

2. Preface
In late 2002, the Professional Practice Committee The subcommittee met for the first time on Novem-
(now Professional Standards Committee) formed ber 26, 2002, and submitted a completed draft of
a subcommittee comprising practising profession- this document to the Professional Standards Com-
al engineers and tasked this group with addressing mittee for approval on October 20, 2004.
questions regarding the proper use of the profes-
Following editing by staff and vetting by PEO legal
sional engineer’s seal and investigating the require-
counsel, the final draft was approved by Council at
ments for secure use of electronic seals and signa-
its meeting on January 20, 21, 2005.
tures. The committee asked the subcommittee to
prepare a guideline, which would include an expla- This guideline is to be read in conjunction with sec-
nation of the purpose of seals and sealing of doc- tion 53 of Regulation 941 made under the Profes-
uments, and the legal and liability issues associat- sional Engineers Act, which describes the statutory
ed with seals. requirements for the use of the seal.

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 3
3. Purpose and Scope of Guideline
The purpose of this guideline is to provide pro- fession’s commitment to standards of care and
fessional engineers with guidance on the prop- excellence.
er use of the professional engineer’s seal. The
The procedures outlined in this guideline are intend-
seal is the distinguishing mark of the profes-
ed to make professional engineers aware of the level
sion and an indication to recipients and users of
of diligence that is commensurate with the responsi-
engineering documents that the content of the
bility they assume and that is expected in their work.
documents was prepared by or under the per-
Use of the seal should not be automatic. It should be
sonal super vision of a professional engineer.
done only after the engineer has evaluated and accept-
T h e e n g i n e e r, b y a f f i x i n g t h e s e a l , a s s u m e s
ed the responsibility he or she is assuming.
responsibility and is answerable for the quali-
ty of the work presented therein. Proper use of Please note that references in this guideline to pro-
the seal is essential, not only for complying with fessional engineers apply equally to temporary
the Professional Engineers Act, but also for assur- licence holders, provisional licence holders and
ing the public that the seal represents the pro- limited licence holders.

4. Introduction
This guideline provides current PEO guidance and pol- creating, applying and controlling electronic seals
icy for use of the professional engineer’s seal. It provides and signatures. The Guideline to Professional Prac-
sufficient information for practitioners to resolve ques- tice recommends that “engineers apply their signa-
tions that arise in many common practice situations. tures and seals only to the hard copy” of drawings
Members have often asked PEO to clarify, for example, and documents. However, for various reasons, elec-
what changes to sealed documents are allowed, who, if tronic copies of documents are now preferred for
anyone, should seal these, and how the changes should submissions and record purposes, and require elec-
be identified. Others have asked whose seal should tronic seals and signatures. This guideline, there-
appear when more than one engineer has been respon- fore, provides new policies and procedures to deal
sible for preparing documents. The subcommittee with the use of seals on electronic documents.
reviewed numerous common situations to provide more
The sole authority for establishing rules for the
explicit recommendations for proper practice.
use of seal is the Professional Engineers Act. This
Many people also suggested that PEO should prepare was recently confirmed by the case of Profession-
a detailed list of documents, divided into those that al Engineers Ontario v. Ministry of Municipal Affairs
must be sealed, may be sealed, and should not be and Housing, where the court found that no per-
sealed. In preparing this list, consideration was given son or organization, other than Professional Engi-
to drawings, feasibility reports, proposals, contracts, neers Ontario, can decide when or how the seal is
corporate letters, passport applications and other doc- to be used. As a result, professional engineers are
uments handled by professional engineers in the course not obliged to respond to requests or instructions
of their business or professional activities. to affix the seal to documents from any other party,
including clients. The engineer, alone, must decide
Since the use of electronic documents, including
whether a document needs to be sealed and should
their use for legal purposes, is becoming widespread,
refer to the policies and procedures in this docu-
PEO recognized the need to provide guidance on
ment for guidance in making that decision.

4 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


5. Purpose of the Professional Engineer’s Seal
For the public, the seal constitutes the distinctive with a high degree of confidence, depend upon the
mark of the professional engineer. It must be used contents of the document for the furtherance of
to identify all work prepared by, or under the direct their projects. Since the outcome of a project
supervision of, a professional engineer as part of depends on factors beyond the control of an engi-
professional engineering services rendered to the neer, however, a successful outcome cannot be guar-
public. It assures the document’s recipient that the anteed by an engineer. The seal is not, and should
work meets the standards of professionalism expect- not be considered, a certification mark or warran-
ed of competent, experienced individuals who take ty of correctness. According to the Supreme Court
personal responsibility for their judgments and (Edgeworth Construction Ltd. v. N. D. Lea & Asso-
decisions. The seal is important because it is a vis- ciates Ltd.), the “seal attests that a qualified engi-
ible commitment to the standards of the profes- neer prepared the document. It is not a guarantee
sion and signifies to the public that a particular of accuracy”. Instead, it should be considered a
P.Eng. accepted professional responsibility for the “mark of reliance”, an indication that others can
document. rely on the fact that the opinions, judgments, or
designs in the sealed documents were provided by
Affixing the seal to a document is a statement by a professional engineer held to high standards of
a professional engineer to others that they can, knowledge, skill and ethical conduct.

6. Recommended Procedures for Use of the Professional


Engineer’s Seal

6.1 General ignore the obligation to seal documents on the


grounds that this act is not included in his or her
The use of the professional engineer’s seal is gov-
job description, or because a client did not request
erned by section 53 of Regulation 941/90, made
sealed documents.
under the Professional Engineers Act:
The term “final document” describes any record,
“53. Every holder of a licence, temporary licence, pro-
written or graphic, created for the purpose of
visional licence or limited licence who provides to the
transmitting information or instructions based
public a service that is within the practice of profes-
on engineering exper tise or judgment that is
sional engineering shall sign, date and affix the hold-
intended to be relied on by others. In general,
er’s seal to every final drawing, specification, plan,
“final” means “final for the purposes intended”.
report or other document prepared or checked by the
This distinguishes, for example, drawings pre-
holder as part of the service before it is issued. R.R.O.
pared for building permit submission from con-
1990, Reg. 941, s. 53; O.Reg. 13/03, s. 16.”
s t r u c t i o n d r a w i n g s . Dr a w i n g s s u b m i t t e d f o r
This sentence specifies the minimum legal require- building permits are final for that purpose, even
ments for the use of seal. Engineers are reminded though they may not contain all of the detail
that they are legally required to use their seals in required for construction. Both sets of drawings
all situations that meet the above conditions. Use need to be sealed. Drawings submitted with a
of the seal is not subject to specification by con- building permit application must be complete
tract or work arrangements; an engineer cannot for that purpose; in other words, they must con-

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 5
tain sufficient detail to enable the building offi- ument was created by or under the supervision
cial to perform the code compliance and due dili- of a licensed professional engineer;
gence revie ws required prior to issuance of a
• responsibility–signing and sealing establishes that
building permit. Since standards with respect to
the individual identified by the seal assumes pro-
detail may vary significantly from one munici-
fessional responsibility for the contents of the
pality to another, professional engineers should
document or the portion of the contents of the
a c q u a i n t t h e m s e l ve s w i t h l o c a l re q u i re m e n t s
document he or she prepared, and acknowledges
before submitting documents.
that he or she can be held accountable for those
The term “providing services to the public” caus- contents; and
es considerable confusion among professional
• reliance–by signing and sealing a document, a
engineers trying to decide whether rules for the
professional engineer attests to the fact that oth-
use of seal or the Certificate of Authorization
ers can rely on the designs, decisions, opinions,
apply to the work they do. The public, as under-
judgments or other professional statements
stood within the Professional Engineers Act, is any-
expressed therein.
one other than the engineer or his/her employer.
When an engineer is employed and all the engi-
The seal
neering work done by the engineer is done entire-
ly for the employer (even if the ultimate user is The seal used on a document is the impression of
not the employer), the engineer is not consid- the rubber stamp issued by PEO to all licence hold-
ered to be providing services to the public. For ers. An engineer must always retain full control
instance, an engineer designing a consumer prod- over the use of the seal and any reproduction of the
uct manufactured by an industrial corporation seal so that no one can use it without explicit autho-
(which is the engineer’s employer) is not provid- rization. Such authority should not be given unless
ing engineering services to the public. The engi- the engineer had direct supervision of the work.
neer provides ser vices to the employer; the
Professional Engineers Ontario also allows, but
employer provides a product to the public. In
does not require, licensees to use electronic seals.
this case, drawings do not need to be sealed. On
An electronic seal is a facsimile of the impres-
the other hand, if a manufacturing company out-
sion produced by the rubber stamp in electron-
sources design work, the engineer working for
ic format, either scanned or created as a drawing
the consulting firm that produces the product
object by a software program. The electronic fac-
design is providing (through the consulting firm)
simile must be identical in size, shape, and con-
professional engineering services to the public
tent to the seal created by the rubber stamp. This
(i.e. the manufacturing firm). In this case, the
impression has the same value as an impression
drawings must be sealed. However, there are sit-
generated by the original of the seal. An engi-
uations where legislation requires that a profes-
neer must at all times retain full control over the
sional engineer must do some particular task and
electronic version of his or her seal. An engineer
that the seal must be affixed to documents to
allowing another person to access an electronic
prove this. In these cases, the engineer must seal
seal could be held liable for any use made of the
the documents, even when the services are being
seal by that person.
provided to the employer.
The seal must be clear and legible when applied
Proper use of the seal is essential, since universal
to the document, regardless of how it is applied.
compliance with these rules provides the follow-
An electronic facsimile of the seal may also
ing assurances to the public:
include an electronic facsimile of the engineer’s
• authorship–signing and sealing identifies the doc- handwritten signature. However, the engineer

6 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


must maintain control over the signed seal and tional liabilities on the engineer, this practice has
must use an appropriate security method (see been adopted by several large organizations as part
section 7.3). of their internal quality assurance program.

What to seal What not to seal


Engineers must seal all final documents that are Draft or incomplete documents and documents of
within the practice of professional engineering, a non-engineering nature (personal or business cor-
provided as part of a service to the public. How- respondence, contracts, leases, sales brochures,
ever, affixing a seal to a document does not turn it passport applications, etc.) should not be sealed.
into something that is “within the practice of pro- Requirements for sealing of documents are legislat-
fessional engineering”. The content of the docu- e d by t h e Pro f e s s i o n a l En g i n e e r s Ac t . C e r t a i n
ment determines whether it is an engineering doc- demand-side legislation requires that particular
ument. This includes all documents containing tasks having public interest implications be done
engineering calculations, expressing engineering only by those having qualifications specified in the
opinions, or giving instructions based on engineer- legislation, and subsequently lists a number of
ing judgment. occupations as qualified persons. In cases where
legislation includes professional engineers as only
Seals must be affixed to drawings, specifications,
one category of qualified person (e.g. Condomini-
drawings or sketches accompanying change notices
um Act, Brownfields Statute Law Amendment Act),
and site instructions, and studies containing tech-
professional engineers should not affix their seals
nical information or engineering direction. Engi-
to any documents required pursuant to the legis-
neers should also apply their seals to forms for gov-
lation, unless the work performed clearly falls under
ernment or regulatory authority use that specifically
the definition of “the practice of professional engi-
require a professional engineer’s seal, such as a
neering” under the Professional Engineers Act.
Commitment to General Review.
A request by an employer, client or regulatory offi-
Reports providing technical information or engi-
cial for a professional engineer to affix his or her
neering direction to the user must be signed and
seal to a document is not a sufficient reason for
sealed. Drawings bound into reports need not be
doing so. For example, an employer may ask an
sealed individually, provided the document itself
engineer to seal a notice that contractors have been
is signed, sealed and dated.
paid. Since this is not an engineering document, the
Engineering documents completed by staff engi- engineer should not affix his or her seal, even if
neers for use solely by their employers for work the engineer prepared the notice.
within the employers’ businesses (in-house docu-
Professional engineers are not notaries public and
ments) are not required to be sealed under the Pro-
the professional engineer’s seal cannot be used for
fessional Engineers Act. However, there may be cases
purposes where a notary seal is required.
where overriding legislation requires an employee
engineer to seal in-house documents. For exam- Contracts and other legal business documents are
ple, if a company chooses one of its staff engineers sealed with a corporate seal, if the business entity
to perform a Pre-Start Health and Safety Review is a corporation. If not, signatures suffice. Profession-
under the Occupational Health and Safety Act, the al seals are not to be used for this purpose. Passport
written report prepared as part of the review must applications, birth certificate applications and other
be sealed. The fact that seals are not required on in- documents that identify professional engineers as
house documents does not preclude the engineer suitable guarantors require only the guarantor’s sig-
from affixing his or her seal. Since the application nature followed by the “P.Eng.” designation.
of a seal to a document does not impose any addi-

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 7
Who seals held accountable by the professional body if some-
thing goes wrong. Hence, only that person should
The engineer who is taking professional respon-
seal them.
sibility for the work must seal documents. This
is generally the professional engineer who pro- Another common misperception is that only the
vided the largest contribution to preparing the holder of a certificate of authorization (C of A) is
documents, or, where junior staff did the work, entitled to seal documents. This is false; there is
by the engineer who closely supervised the no connection between the C of A and a seal. The
work. (See below for information relating to right and obligation to use a seal are conferred by
multidisciplinar y projects, or projects where the P.Eng. licence.
several engineers contributed large amounts to
the final document.) Procedure

Under section 75 of Regulation 941, PEO licence The engineer’s signature and the date on which the
holders are not permitted to use, or refer to, their document was sealed, handwritten (as opposed to
professional seals in company logos, advertising, block letters) within or beside the stamp, must
letterhead, business cards, or other promotion- always be included. Initials alone are not accept-
al materials. able. The engineer’s handwritten signature is an
authenticating mark that complements the seal.
In general, draft or preliminary documents should
The handwritten signature affixed to the document
not be sealed and should be clearly marked as
can be an electronic facsimile of a handwritten
“Draft”, “Preliminary”, “For Review Only”, “For
original, although for security reasons it is prefer-
Discussion”, “Not for Construction”, or some other
able that the signature be affixed to plans and spec-
indication that the documents are not ready for
ifications in a manner that is separate from that of
anyone to rely on the contents. Professional engi-
the seal.
neers should closely control such documents and
not release them to anyone who might depend on Engineering documents cannot be signed by
the validity of the contents. a p r o x y, i . e . b y a n o t h e r p e r s o n s i g n i n g o n
behalf of (“per”) the individual identified on
If it is necessary to sign and seal preliminary doc-
the seal. Each professional engineer must
uments (such as to fulfill the requirements of a
e n s u re t h a t a f a c s i m i l e s t a m p i s n o t u s e d t o
regulatory agency), this guideline’s recommenda-
imprint a copy of his or her handwritten sig-
tions for sealing final documents should be fol-
nature on the document.
lowed. Signed and sealed preliminary documents
should be clearly marked as incomplete and restrict- Final specifications and reports must be sealed on
ed to the particular use for which the document the cover of the bound document, or on a sepa-
was released. rate seal sheet within the document. Individual
drawings within a bound document do not need
Some company officials mistakenly assume they
to be sealed.
are supposed to seal all documents because the
engineering firm is legally liable for any problems Seals and signatures shall be placed on all orig-
arising from the work. This is a misunderstanding i n a l f i n a l d o c u m e n t s . Be c a u s e o f t h e r i s k o f
of the purpose of the seal. Sealing a document cre- sealed originals being copied and distributed
ates no legal liability. The seal identifies the engi- w i t h o u t a n e n g i n e e r’s k n ow l e d g e , e n g i n e e r s
neer taking personal and professional responsibil- should assure that an effective and secure doc-
ity for the content of the documents. It is ument control system appropriate for the risks
appropriate that the professional engineer respon- associated with the particular circumstances is in
sible for preparing the documents is the person place (see section 8.2).

8 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


6.2 Sealing Single-discipline to be edited, altered or amended, either during the
course of the project, or as part of a new project. To
Documents
ensure that engineers are not unknowingly accepting
Engineering designs and other documents are usually pre- responsibility for work they did not do, it is impor-
pared by at least one engineer and then reviewed, though tant that documents, once sealed, are not altered with-
not in detail, for adherence to concept or corporate stan- out undergoing an appropriate revision process.
dards by a supervisory or approving engineer. For docu-
Where alteration of documents sealed by another engi-
ments covering work within a single discipline and devel-
neer is required for an ongoing project, the follow-
oped by a single engineer, or by others under his/her direct
ing procedure should be followed: The original seal is
supervision, that engineer must seal the document. For
to remain and the engineer altering the documents is
documents covering work within a single discipline but
to add his or her seal, clearly identifying the alter-
developed by several engineers, the document should be
ations and who is responsible for them.
sealed by the engineer responsible for coordinating the
work of the team, or by the supervisory engineer if he or Where alteration of documents (particularly draw-
she was sufficiently involved in overseeing the work. ings) sealed by another engineer for a completed pro-
ject is required for a new project, the following pro-
Where engineers review or verify documents, they
cedure should be followed: The documents used as
should not affix their seals. Instead, they should
the basis of the new work should be clearly identified
insert their initials in a “Verified by” or “Reviewed
by a note, a drawing method (e.g. lighter or ghosted
by” box on the document.
lines), or an identifying mark, as work previously done
When more than one engineer within a single dis- by others; the original seal is not to appear and the
cipline contributed to and had decision-making engineer altering the documents is to add his or her
authority regarding the work, each engineer will- seal, clearly identifying the alterations and who is
ing to take responsibility may seal the document. responsible for them.

There is no need for the practitioners who prepared


the original documents to be made aware of changes
6.3 Sealing Multi-discipline
to their documents. In every case, the practitioner
Documents making changes assumes responsibility for the changes
and the effects of those changes on the entire design
For a project covering work within several engineering
or report. This is the reason that the engineer making
disciplines, all documents within a particular engineer-
the changes must identify his or her changes and then
ing discipline must be sealed by the engineer taking
seal the document. By sealing, that practitioner
responsibility for work within that discipline, with an
acknowledges that he or she is taking responsibility
indication or qualification of which discipline is implied
for the changes.
by the seal. The supervisory or coordinating engineer
(if there is one) should also apply his or her seal to indi-
cate that the work of the various disciplines has been
6.5 Shop Drawings
coordinated. If only one signature and seal is used, it
should be that of the engineer taking responsibility for Generally applicable design details developed by man-
the work, generally the coordinating engineer. ufacturers or standards organizations, verified by test-
ing and/or approved by government bodies, do not
need to be sealed. However, details or subsystem
6.4 Revising Documents designs produced by manufacturers or contractors for
specific projects, or applications that require profes-
All sealed documents are considered to be final doc-
sional engineering design or judgment, needed for
uments. However, occasionally such documents need
coordination by the design engineer, must be sealed,

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 9
to ensure there is consistent delineation of design Seals are also required on any documents relating to
responsibility for all aspects of the work. contractor-designed systems, such as (but not limit-
ed to) sprinklers, pressure piping and control systems,
For structural steel shop drawings, the building design
or custom-manufactured components, such as (but
engineer designs the members and overall stability sys-
not limited to) switchboards, motor control centres,
tem and is responsible to indicate member connection
pressure vessels, process machinery and elevators.
forces as required by professional practice standards.
Structural steel detailers use this information to pro- All shop drawings should be provided to the design engi-
duce shop details and connections for the steel mem- neer for review and coordination prior to fabrication or
bers. Many of the connections use standard details from installation. Professional engineers preparing shop draw-
the Canadian Institute of Steel Construction (CISC) ings should be aware that their obligation to “cooperate
handbook, which have been developed over time by in working with other professionals engaged on a pro-
qualified engineers. However, there are usually some ject” (subsection 77.6, Regulation 941) includes provid-
connections that are similar to, but not exactly the same ing design engineers with all the information they require
as, standard connections. Further, most drawings by for design, coordination, or review in a timely manner.
the building design engineer do not indicate all connec- Failure to provide such information could cause delays,
tion forces at all locations, and the engineer preparing redesign or lawsuits that would negatively affect the design
shop drawings is often required to provide engineer- engineer, and could be construed as professional miscon-
ing calculations based on area loads. To address varied duct by the engineer preparing the shop drawings.
conditions, erection drawings submitted for review to
Occasionally, an engineer finds it necessary to seal
the building design engineer should be sealed by an
shop drawings prepared by others. For example, an
engineer whose responsibility is to ensure the adequa-
Ontario representative of a company in the United
cy of all of the steel connections. The seal should also
States may need to act as agent for that company to
be qualified by a note stating that the design respon-
assure compliance with provincial laws. Since the seal-
sibility is “For Connections Only”. This engineer should
ing engineer will take responsibility for the content of
also seal all shop drawings if they are issued to the build-
the documents, he or she must be competent in the
ing designer. As an alternative to the above, the connec-
design area and must thoroughly review the drawings
tion design engineer can issue a signed and sealed let-
to ascertain whether he or she will accept responsi-
ter to the building design engineer stating that all detail
bility, before agreeing to seal the documents.
drawings have been prepared and reviewed under the
connection design engineer’s supervision. Professional engineers acting as the agents of people
or organizations receiving materials are often required
The requirements for timber connectors are simi-
to review shop drawings prepared by others for the
lar to those for structural steel, and shop drawings
purpose of confirming compliance with the specifi-
should be handled similarly.
cations and drawings of the devices, systems, struc-
A professional engineer must seal drawings for pre- tures, and other apparatuses indicated on the shop
manufactured custom timber roof trusses that are drawings. Engineers should note that this review is
not covered by Part 9 of the Ontario Building Code. for the sole purpose of ascertaining conformance with
the general design concept and does not indicate an
For concrete reinforcing, building design drawings gen-
approval of the design details. In other words, the
erally indicate specific and typical details that are used
reviewing engineer is not taking responsibility for the
by detailers to provide bar lists in accordance with stan-
design. Therefore, reviewing engineers must not affix
dard bending lengths and details. Since there is no pro-
their seals to shop drawings. If any party requires that
fessional engineering judgment required, bar lists do not
the drawings be marked with an indication that a
need to be sealed. However, the detailer should provide
review has taken place, a separate and distinct “shop
a written statement that all bending details conform to
drawing” stamp should be used.
Canadian Standards Association (CSA) standards.

1 0 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


NOTE: The law clearly limits responsibility for a review- contractor or other field staff. Record drawings are
ing engineer to matters within the engineer’s profession- those prepared by the reviewing engineer after verify-
al competence. However, engineers often take on more ing in detail the actual conditions of the completed
responsibility than they should. This happens because con- project. For some projects, this verification may require
tractual provisions or actual conduct by the engineer frequent or continuous presence on site. The distinc-
expand the scope of drawing review into matters that tion between as-built and record drawings determines
should be the responsibility of others. To protect them- whether drawings representing the final state of the
selves, professional engineers should never provide services project should be sealed.
without a signed agreement that clearly describes the scope
Because professional engineers are responsible for the
of services to be provided, clearly limits the obligations
content of drawings bearing their seals, as-built draw-
of the engineer, and clearly assigns the risks that the engi-
ings should not be sealed, since the engineer is not
neer will assume. Engineers should assume only risks that
responsible for the content of these documents.
are within their ability to control and never those where
the performance of a third party, such as a contractor or Some of the information provided on as-build draw-
supplier, might have an effect on the outcome. ings might be changes authorized by the engineer dur-
ing construction. Other information might reflect
To avoid liability for information contained in shop
changes initiated by other parties due to site condi-
drawings, the reviewing engineer’s organization should
tions or other causes. Changes by the engineer will
explicitly limit the scope of the engineer’s review, both
already have been documented by change orders, sealed
in the contract and on the shop-drawing stamp itself.
sketches, or sealed reports, so there is no need to seal
Shop-drawing stamps should include language that
the as-builts. Where changes are by others, although
strictly limits any implied approval, by noting that
the engineer will have a responsibility to advise the
the scope of the submittal review is limited to deter-
client whether the change was the result of a safety
mining conformance with the design intent and the
concern or a contravention of codes or standards, the
information provided in the project documents.
engineer should not be forced to seal the documents,
since to do so might imply that the changes were part
of the engineer’s design. If as-builts are produced by
6.6 Standard Drawings
making changes to the original construction draw-
Some organizations prepare drawings of common com- ings, the seal should not be applied, or should be
ponents or arrangements for use in project documents removed if already in place, and the drawings marked
prepared by others. These drawings are usually treat- “as-built drawings”. In place of the seal, there should
ed as generic standards and should not be sealed by be a note referencing the original sealed drawings.
the person responsible for creating the document.
Sealing of drawings with record information might
When used, standard drawings should always be incor- imply to some parties that the engineer is providing
porated into drawings or other documents. It is the duty some type of warranty or certification of the construc-
of the engineer sealing and taking responsibility for the tion. This is never the case, since the contractor is
project documents to ensure that the standard draw- always responsible for construction.
ings are appropriate and correct for the current project.

6.8 Using Documents Sealed


6.7 As-built and Record Drawings
by Others
Professional engineers should use the following distinc-
Because members of the public, including other
tion between as-built and record drawings. Drawings
professional engineers, may be relying on the
referred to as “as-builts” are prepared by a third party,
information in sealed documents, the profession-
or by the engineer using information furnished by the

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 11
al engineer’s seal should be considered to be a drawings sealed by another engineer. Where the revi-
mark of reliance, providing assurance of the com- sions are a new project involving modifications to an
petence and professional standards of those who existing structure, system, machine, apparatus or other
prepared the documents. However, it does not device, the engineer should treat the drawings as back-
guarantee an absolute lack of error in a document. ground information. The original engineer’s seal should
A professional engineer using a document sealed not appear on the drawings. The engineer responsible
by another as the basis of further work should for the modifications must seal the drawings.
verify the information as part of standard due
Where the revisions will be made to documents that
diligence procedure.
are the basis of a new or incomplete project, the mod-
Often engineers must use documents, particularly ifications made to the documents are to be clearly
drawings, prepared and sealed by other engineers as indicated by a method such as “bubbling” of revised
the basis for new projects. Since copyright of the doc- sections or notes. The seals of both the original engi-
uments always remains with the author, engineers must neer and the engineer responsible for the revisions
not use documents prepared by others as part of a new must appear on the document with clear indications
design without the express consent of the author. For of which part, original or revision(s), each seal refers
example, a design for an electronic HVAC control sys- to. As a professional courtesy, the engineer responsi-
tem created as part of an earlier project cannot be ble for the revisions should inform the original engi-
copied by another engineer for a new project even if the neer of changes made to the document.
two projects are for the same client. Unless permission
is granted, an engineer’s design cannot be part of the
work for any project the engineer is not involved with. 6.9 Translated Documents
Drawings of completed projects can be used as back- Professional engineers are occasionally required to
ground information for new projects if an engineer provide documents in a language other than their
indicates on the new drawings (by using lighter or dif- usual working language. Where documents con-
ferent coloured lines, dashed or dotted lines, notes, tain the same information in two or more lan-
etc.) the portions that are not part of the current pro- guages, practitioners are encouraged to identify
ject. For example, if an engineer were required to mod- one language that will govern in the event of a dis-
ify an existing electronic HVAC control system, the crepancy between the two texts. However, in some
original document could be copied onto the new draw- situations either legislation or the client will require
ing so that the modifications would be shown in con- that two languages be given equal status and, there-
text. The existing control system would not be part of fore, it is important that the practitioner ensure
the current project. The engineer who prepared the the two texts have identical meanings.
new drawings would take responsibility (and credit)
The practitioner may seal documents in two or
for the design modifications and their effect on the
more languages, provided he or she is fluent in
overall system. Though the original drawings were
each. Alternatively, engineers collaborating on a
sealed and therefore can be considered to be reliable,
project may seal documents in the language(s) in
it is the responsibility of the engineer producing the
which each is fluent. For example, one engineer
new drawings to decide whether he or she should con-
may seal the English version of a document and
firm the accuracy of the original plans and the suit-
another engineer may seal the French version.
ability of that design by inspecting existing conditions.
If the practitioner is not fluent in the required lan-
Portions of written documents should not be copied,
guage(s), he or she may engage the services of a
or unreasonably large sections extracted and used in
translator who is experienced in translating tech-
other documents, without permission of the author.
nical documents and who declares in writing that
Occasionally, a professional engineer will need to revise the translated text is identical in meaning to that

1 2 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


of the original. The translator should be certified In some cases, the client may provide translations of
by a recognized certification body. If not, the dec- unilingual documents prepared by the practitioner.
laration should be notarized. The practitioner can The practitioner should ask the client to provide a
seal both the original and translated documents declaration stating that the meaning of the translat-
based on this declaration. ed text is identical to that of the original.

7. Management of Engineering Documents

7.1 Document Approval • others altering sealed documents without the


knowledge of the author;
Engineering documents should be issued for use
as the final step in a document approval process • removal, or duplication and unauthorized use, of
requiring the approving design or supervising engi- seal; and
neer to seal the document only after verifying it
• unauthorized use of documents.
for accuracy and completeness. Every organization
preparing engineering documents should have a
formal process for preparing, authorizing, distrib- To provide this protection, the document manage-
uting and retaining those documents. A document ment process should incorporate the following,
approval process does not need to be a complex, non-exclusive, features:
multi-levelled bureaucratic activity with multiple
• procedures that assure a document was prepared
double-checking processes. However, it should, at
by competent personnel;
least, include the following stages:
• procedures that assure all engineering documents
• checking to ensure a document is complete and have been prepared by or under the supervision
accurately expresses the output of the engineer’s of a professional engineer;
design or analysis;
• procedures that assure the design, report, or other
• verifying to ensure the document meets the output of engineering work complies with all
requirements of the work as expressed by codes, applicable regulations, codes, standards, prac-
standards, PEO guidelines, contractual arrange- tices, guides;
ments and other articles defining the scope of
• a sealing procedure to ensure that all engineering
work; and
documents are signed and sealed by the profession-
• approval by a professional engineer who acknowl- al engineer taking responsibility for the work before
edges that the document meets professional stan- any documents are issued to the public;
dards and attests to this fact by sealing it.
• procedures that assure data integrity by prohibit-
ing unauthorized and/or undocumented changes;

7.2 Control of Sealed Documents • procedures to identify unauthorized copies of final


documents and to prevent their being sealed;
Professional engineers responsible for sealing doc-
uments should ensure that their organization • procedures to ensure all preliminary engineering
implements a document management process that notes and drawings are destroyed at the conclu-
prevents the possibility of: sion of the design phase of a project;

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 13
• records retention procedures such that the records ing created using a computer drafting package, a faxed
to be retained are selected by the professional engi- copy of a letter, and a report stored on a compact disk
neer responsible for sealing the documents; are all electronic documents. Consequently, PEO has
revised its previously expressed opinion, as stated in
• procedures for validating records before storage;
the Guideline to Professional Practice (1988, revised
• established document retention periods; and 1998), that “engineers apply their signatures and seals
only to the hard copy of the information”. Recogniz-
• protection of records against loss or inadvertent
ing that electronic documents in Ontario now have the
destruction.
same legal force as paper documents, use of seals on
electronic format documents is now allowed. This
Would PEO consider a lack of proper control of doc- includes the use of scanned and electronically drawn
uments to be a matter of negligence or professional seals on electronic documents and scanned copies of
misconduct? According to section 72(2)(e) of Regu- sealed original hardcopies. The principles applying to
lation 941, the “signing or sealing a final drawing, sealing paper documents apply equally to engineer-
specification, plan, report or other document not actu- ing documents created, stored, distributed, or used
ally prepared or checked by the practitioner” is an act in electronic formats. The problems associated with
of professional misconduct. Presumably, this also use of documents given in section 7.2 of this guide-
applies to cases where an engineer knowingly allows line also apply to electronic documents.
another person to use his or her seal on documents
Because electronic documents can easily be changed
the engineer did not prepare or check. Therefore, all
and copied with no obvious indication, engineering
professional engineers should ensure that they seal
organizations must have well documented processes to
only documents they are thoroughly familiar with.
support the authenticity and validity of documents
There is nothing in the Professional Engineers Act that
with electronic signatures and seals. Managing elec-
deals specifically with an engineer unknowingly allow-
tronic documents in workflow and providing an audit
ing his or her seal to be used by others. However, since
trail is vital to validating document authenticity. Con-
the seal is an important symbol of the trust relation-
sequently, professional engineers responsible for seal-
ship between the profession and the public, an engi-
ing electronic documents must ensure that their orga-
neer who fails to control his or her seal may be regard-
nizations adopt a method of creating, archiving and
ed as exhibiting unprofessional conduct, especially if
distributing electronic format documents that will:
the unauthorized use of the seal resulted in physical
or financial harm to members of the public. • control and protect the electronic facsimile of the
seal and signature;

• ensure document integrity, i.e. documents are not


7.3 Use and Control of Electronic altered once signed, without undergoing the revi-
sion process; and
Documents
• allow verification of the identity of the practition-
Ontario’s Electronic Commerce Act, 2000, gives legal
er originating the document.
recognition to electronic documents, even in cases
where the document exists only in electronic format. Electronic documents can be issued for use only if
It defines electronic documents as documents “creat- the authentication procedure maintains the integrity
ed, recorded, transmitted or stored in digital form or of the documents and the authenticity of the seal and
in other intangible form by electronic, magnetic or signature. Document recipients must, in turn, ensure
optical means or by any other means that has capabil- they have a process to assure that a document they
ities for creation, recording, transmission or storage receive has been authorized and has not been tam-
similar to those means”. By this definition, a draw- pered with. Document originators must also be able

1 4 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


to provide a paper copy of their electronically sealed ing document that is transmitted without a seal or
and signed documents. signature and without such a notice(s) is considered
to be a document that does not require authentica-
Given these requirements, organizations planning to
tion, i.e. it is not a final version of an engineering
issue and distribute electronic engineering documents
document issued for use. Anyone possessing the doc-
should implement some form of document security.
ument should not rely on its contents.
There are many forms for such security, ranging from
use of image files that are not as easily edited, to pass- However, the seal and signature discussed in this
word protected files, to public-key/private-key encryp- guideline should not be confused with a security
tion systems. The security method employed should tool known as an “electronic signature”, which is
be appropriate for the distributed document’s risk of encrypted alphanumeric data used as personal elec-
alteration or improper use. The engineer should make tronic identifying information that people attach
this assessment after considering the following. to a document to permanently associate themselves
with the document. It is not an identical electron-
• How trustworthy is the recipient of the documents?
ic copy of a handwritten signature obtained by
• How will the recipient use the documents? scanning or electronic pen. An electronic signa-
ture is, however, intended to have the same legal
• Does the recipient have a secure document stor-
force and distinguishing effect as the use of a sig-
age and control process?
nature affixed by hand. For this reason, an elec-
• Are you concerned about tampering of the document? tronic signature must be:

• Are you concerned about removal and reuse of your • unique to the person using it;
seal and signature without your knowledge?
• capable of verification;
• Are you concerned that the recipient may reuse the
• under the sole control of the person using it; and
document for purposes other than the one for which
you are specifically accepting responsibility? • attached to, or associated with, data in such a man-
ner that it authenticates its own attachment to the
particular data using it and the integrity of the
If it is impossible to use such a procedure, any seals
data transmitted.
or signatures appearing on the document must be
removed. This unsealed document cannot be used for
Regardless of the document management system used,
the purposes contemplated by the Professional Engineers
professional engineers assume full responsibility for
Act, and must include a notice to this effect.
the security of their electronic seal and must ensure
An electronic document that has not been approved that it appears only on documents they have prepared
by a professional engineer can be transmitted to oth- and for which they will accept responsibility.
ers; however, no authenticating mark (seals or sig-
natures) should be affixed to the document. The
name of the author should always be indicated on
7.4 Retention of Documents
any non-authenticated engineering document sent
to a third party. To avoid confusion, this document
The Professional Engineers Act does not require
must include a notice that it is transmitted for infor-
that engineers retain engineering documents for
mation or coordination purposes only. For example,
a set length of time. Retention of documents is
an engineering firm may store a sealed hard copy of
therefore done at the discretion of the engineer,
final drawings and issue unsealed copies for infor-
e m p l o y e r, o r c l i e n t . T h o u g h d o c u m e n t s a r e
mation that bear, in place of a seal, the note “Refer
often kept for reference purposes in anticipa-
to Design Office for sealed originals”. An engineer-
tion of future work, they are retained mainly

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 15
in case of possible legal action against the mem- uted the quote, it would not violate the copyright
ber or firm. Documents should be kept for as owned by PEO.
long as it is likely that a project might have an
Generally, copyright automatically belongs to the
action against it.
author or authors. However, contractual relationships,
A person’s right to exercise legal action for claims is including implicit common-law contracts between
governed by the Limitations Act, 2002, which states, employees and employers, affect the ownership of
“no proceeding shall be commenced in respect of any copyright. Usually, employment contracts dictate that
claim after the 15th anniversary of the day on which if a creative work is prepared as part of the normal
the act or omission on which the claim is based took work provided by an employee for an employer, the
place”. However, many errors and omissions in engi- employer is the owner of the copyright. Employee
neering work will be identified fairly soon after an engineers, either explicitly or implicitly, sign over to
engineer’s work is completed, so a shorter period may their employer copyright and other intellectual prop-
be reasonable for retaining documents that might be erty rights on all intellectual output, including inven-
required for one’s defence against future lawsuits. Of tions, when they enter into employment relationships.
course, this will depend on the type of work done and
In other cases, copyright, like any other piece of prop-
the likelihood of litigation in that area of practice.
erty, can be freely transferred by contract. However,
Professional engineers should consult with their insur-
copyright law requires that all transfers of ownership
ance companies before destroying documents.
be in writing and that the transfer be unambiguous.
All sealed hardcopy and electronic format docu- Occasionally, in a contract between an engineer and
ments must be stored in a manner that prevents a client, the contract may stipulate, usually at the
unauthorized use of the document and/or the pro- client’s request, that the client is assigned all copyright
fessional engineer’s seal. Unauthorized use is in the works prepared under that contract. In most
defined as any use other than the one for which cases, however, an engineer creating plans for a pro-
the engineer explicitly affixed his or her seal to the ject retains copyright in the plans, even though the
document. Though all documents and the contents plans themselves may belong to the client. Unautho-
created by an employee engineer remain the prop- rized use of engineering plans by anyone, including
erty of the firm, no sealed document should be the client, can constitute infringement of copyright.
used without permission of the engineer.
The distinction between the intellectual work and
the physical manifestation of, or medium that car-
ries, the work must be understood to properly assert
7.5 Copyright Issues
one’s rights over intellectual property. Copyright
applies only to the intellectual work and exists sep-
Copyright is a form of ownership interest that arises
arately and apart from the medium, which is a form
automatically whenever a new intellectual work, such
of real property. For example, a person buying a
as this guideline, is created. It applies to all original
paperback is free to read, mark-up, re-sell, or
written and artistic works, including plans, drawings,
destroy the paperback. However, because the copy-
calculations, reports, and other results of an engineer’s
right remains with the author, the purchaser can-
work. Copyright gives the owner the right of control
not make copies of the book for resale and cannot
over the document content and the right to sue for
quote the text without attribution. For an engi-
compensation if someone copies the work. However,
neer’s purposes, the ownership of the copyright of
copyright is not absolute. Under the “fair dealing”
the content of plans is separate and apart from the
principle, people are allowed to make copies of all or
ownership rights of the plans themselves. In typi-
a portion of a work for research, private study, review,
cal engineer-client relationships, the client owns
or reporting. For example, if an organization’s proce-
the output of the engineer’s work (plans, reports,
dure manual quoted from this guideline, and attrib-

1 6 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


drawings, etc.) and is entitled to use those plans applicable statutes, it is possible that a breach of copy-
for the purpose they were obtained. Under certain right by a practitioner might be considered profes-
circumstances, the client can also sell the plans. sional misconduct.
For example, a developer may have hired an engi-
Engineers should take steps to prevent misuse of
neer to provide a design for municipal servicing of
drawings. Under the international copyright con-
a property. If, after receiving the plans, the devel-
ventions to which Canada belongs, nothing need
oper decided to sell the site, the plans could be
be done to preserve copyright once a work is creat-
part of the property transferred.
ed. But to give notice to others who may have access
Occasionally, engineers experience a situation where to the work, a notice in the form “(c) 2004 ABC
they are dismissed by a client part of the way Corporation” is sufficient to inform others they
through the design process. Certainly, the plans might be infringing the copyright if they make
prepared to that point belong to the client, but it copies. Copyright may be registered with the fed-
is debatable to what extent the client can use the eral government, but there is no requirement to do
content of the plans, for which the engineer holds so. In addition to affixing a copyright notice to all
copyright. Courts often use a “value” approach that documents, include a note that they can be used
looks at what the client and the engineer expect- only on the project for which they were prepared.
ed to spend or make at certain points in the pro-
Transferring copyright in drawings to a client is a risky
ject. If a design is stolen in a case where the engi-
proposition. The law does recognize certain protec-
neer could have expected to receive substantial fees
tions for an engineer when an owner of drawings uses
for completion of the design, the engineer is usu-
them for a purpose for which they were not designed.
ally entitled to large damages in copyright. Con-
However, contracts should make it clear that any trans-
versely, if the engineering work is largely bought
fer of engineering documents, including drawings, to
and paid for, the courts will allow the client a great
the client is on the terms that:
deal of discretion in using existing plans.
• the documents are instruments of professional ser-
Generally, professional engineers are not as preoccu-
vice only;
pied by copyright issues as are artists, musicians and
writers. However, engineers should be aware of these • they are to be used only in connection with the pro-
issues, since they, like artists, are occupied in convert- ject that is the subject of the agreement;
ing ideas, including opinions, judgments and design
• the client agrees to indemnify the engineer for any
concepts, into such tangible content as drawings and
liability issues that arise from the drawings; and
reports. Engineers aware of these issues will be better
prepared to protect both their ideas and themselves • the client provides additional compensation for the
from charges of improperly using others’ creations. risk of this added liability.
The most likely scenario leading to copyright infringe-
Controlling the distribution of copies is a good prac-
ment is where a second engineer obtains a copy of the
tice and is where proper sealing practices come into
first engineer’s plans and copies them either in total
play. Master originals can be sealed, provided the seal-
or in part. This can routinely happen when an engi-
ing engineer ensures that the masters are stored and
neer refers back to the “reference” copies kept from
access is controlled. Copies should be distributed only
his previous employment (where copyright belongs
on an as-needed basis and only the copies that need
to the former employer), or when an engineer obtains
to be sealed should be sealed. For example, usually
copies of documents from a client. (See section 6.8,
only the contractor and the building department must
Using Documents Sealed by Others, for more infor-
have sealed copies of the drawings for a building pro-
mation on this topic.) Since the Professional Engineers
ject. In fact, in most cases, even the client does not
Act defines professional misconduct to include fail-
need a set of sealed design drawings.
ure to make reasonable provision for complying with

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 17
8. Professional Responsibility and Liability

8.1 Professional Responsibility A liability may arise from contracts, either express
or implied, or in consequence of torts committed.
Professional responsibility refers to engineers’
Since contracts are essentially promises, they indi-
obligations to conduct themselves in accordance
cate an agreement by the parties to accept obliga-
with the technical, legal and ethical standards
tions they would not normally have. Lack of a writ-
of the profession, including the higher duty of
ten contract does not mean there are no obligations
care associated with professional status. When-
on the parties. In the absence of a written con-
ever individuals act in their capacity as profes-
tract, the parties of a transaction, such as a fee-
sional engineers, they must be prepared to answer
for-service relationship, will be bound by common
for their conduct in discharging their obligations
law and other norms including, in the case of pro-
to the profession and to the public. The seal is an
fessional engineers, the Professional Engineers Act,
indication of who is taking professional respon-
PEO guidelines and standards of practice expect-
sibility for the content of a document. By affix-
ed of reasonable practitioners.
ing the seal, a professional engineer agrees to
take the responsibility and to be accountable for A tort is an act, done deliberately or through
any deficiency of skill, knowledge or judgment carelessness, that causes harm or loss to another
found in his or her work. Should a complaint be person. Since, in an orderly society, all people
made regarding a document that is alleged to are expected to conduct themselves so as to avoid
demonstrate negligence or incompetence, the causing foreseeable harm to other people or their
engineer who seals the document is answerable property, a person responsible for a tort can be
to Professional Engineers Ontario. required by a court to pay damages to the injured
party. This obligation to take reasonable care is
Accepting this responsibility is part of the com-
known as a duty of care. The duty of care is, how-
mitment made by each individual when accept-
ever, more stringent for those, such as profes-
ing the exclusive right to practise afforded by the
sional engineers, who are expected to possess spe-
professional engineer’s licence. Consequently, the
cialized knowledge and who occupy a position of
use of the seal is not optional. Failing to seal an
trust within society. Professional engineers, there-
engineering document provided as part of ser-
fore, like other professionals, owe a special duty
vice to the public is a violation of the Profession-
to clients and third parties to perform their ser-
al Engineers Act. The implications associated with
vices with the degree of knowledge, skill and
failing to seal a final drawing are the same as any
judgment ordinarily possessed by members of the
act of professional misconduct: The P.Eng. would
profession. They are also required to provide pro-
be disciplined by PEO, and there have been dis-
fessional engineering services in the manner a
cipline cases in which one of the charges was fail-
reasonably prudent engineer would under the
ing to seal.
same or similar circumstances. The special duty
of care arising from professional status does not
imply that professional engineers are subject to
8.2 Liability
infinite risk, since the law does not expect or
A liability is a legal obligation resulting from a require perfection. Unsatisfactory results, alone,
duty, or a promise to do something. To say a per- are not necessarily evidence of lack of skill or
son is liable is to indicate that they are the per- proper care; as long as an engineer has exercised
son responsible for fixing the problem, paying that degree of knowledge, skill and judgment pos-
the debt, or compensating the victim of the sessed and used by the average practitioner, it is
wrongful act. unlikely that a court will find him or her liable

1 8 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


for negligence, despite unsatisfactory results hav- acknowledges professional responsibility for the
ing occurred. content of the documents.

Failure of an engineer to sign and seal an engineer-


ing document does not relieve the engineer of legal
8.4 Penalty for Misuse of a Seal
liability, since sealing of documents by engineers
has nothing to do with the question of liability for Anyone who illegally uses an engineering seal
negligence. Engineers are liable because they pre- may be found guilty of an offence under section
pared the documents, or because they supervised or 40 of the Professional Engineers Act and may be
approved them, not because they signed or sealed fined up to a maximum of $10,000 for a first
them. Similarly, affixing a seal does not necessar- offence, and $25,000 for any subsequent offence.
ily impose on an engineer the burden of any addi- In cases involving the illegal use of an engineer-
tional civil liabilities. The courts assign liability ing seal, police may also lay fraud or forger y
on the basis of the facts, not on whether the doc- charges. Typically, it is non-engineers, operat-
ument is sealed. ing without the knowledge or consent of an engi-
neer, who carry out these offences. This is why
However, engineers who knowingly sign and seal
engineers should store their seals in a secure
engineering documents that they did not prepare,
place.
supervise, or check, may be sued for fraud or neg-
ligence, if the misrepresentation results in some PEO has prosecuted individuals who have used
party suffering damages. In addition, since this is illegally obtained seals or forged replicas. There
a violation of the professional misconduct provi- have also been cases where non-licensed individ-
sions of Regulation 941, the engineer can be dis- uals have obtained digital copies or sheets of pho-
ciplined by Professional Engineers Ontario. tocopied transferable facsimiles of an engineer’s
seal and used them fraudulently.

8.3 Sealing Fees


Sealing of engineering documents is an integral 8.5 Ownership and Replacement
part of the role of a professional engineer and can-
of Seal
not be considered an additional service. No fee
shall be charged for affixing the seal to documents Every seal given to a licence holder remains the
prepared by the engineer during the course of property of Professional Engineers Ontario. The
employment or as part of any engineering services engineer to whom it is issued has exclusive use of
provided to a client. it for as long as he or she is a member in good stand-
ing of the association. The seal must be returned
Though it is reasonable, within limits, for pro-
to PEO upon retiring or resigning as a member.
fessional engineers to provide services to review
and then seal documents prepared by another per- If your seal is lost or stolen, notify PEO immedi-
son, engineers must never “sell their seals” by ately. Replacement seals can be obtained by contact-
merely affixing their seals to documents they have ing PEO’s Administrative Services Department.
had no part in preparing or thoroughly review- You will be asked to complete a form and return it
ing, either for payment or as a favour. Such con- with a cheque for the replacement fee. At the time
duct is a violation of section 72(2)(e) of Regula- of printing, this fee was $15. If you are a member
tion 941 under the Professional Engineers Act. It in good standing, you will receive a new seal in a
is also unwise since, by sealing, the engineer few days.

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 19
9. Questions and Answers
The following questions from professional engineers assembling the document should clearly identify
and answers from PEO are intended to demonstrate his or her role as a person integrating standard
how the principles outlined in this guideline can be documents.
applied to specific situations.
Q: In the case of Engineering Firm A designing a
Q: Is it necessary to seal a report/document that con- project for Client A where Engineering Fir m B
tains a summary (compendium) of management best undertakes contract administration of the work for
practices along with specific construction and mainte- Client A without Engineering Firm A’s involvement,
nance recommendations for a specific infrastructure and there are field changes to the drawings autho-
facility? rized by Client A (a government body), is it neces-
sary that Engineering Firm B notify Engineering
A: Section 53 of Regulation 941 provides the statu-
Firm A of the change? Can Engineering Firm B
tory requirements for the use of the professional
undertake the field change and obtain as-built or
engineer’s seal. This section lays out two condi-
record drawings from Contractor A and forward
tions that, if met, require engineers to seal docu-
same to Client A without sealing the revised draw-
ments. The first condition is that the document
ings (as-built or record)?
must contain information conveying decisions,
opinions, instructions, or other content, based on A: The situation where one engineering firm (Firm
engineering judgments. The second condition is A) is responsible for design and a second engi-
that the document is provided to the public (i.e. neering firm (Firm B) or other party is responsi-
anyone not part of your employer’s organization). ble for contract administration or review is quite
common. PEO has a guideline covering the prac-
A summary prepared separately from the work
tice of general review of construction that specif-
that generated the original content would not be
ically deals with a general review engineer as being
conveying engineering judgments if those judg-
separate from a design engineer. For all intents
ments had been distributed in other documents.
and purposes, once the first engineer has deliv-
In this case, the summary would not need to be
ered the contractually obligated documents, the
sealed. This would not be the case, however, if
first engineer is terminated from the project.
the summary were actually a collection of stan-
Therefore, it is not necessary for the second engi-
dard instructions, drawings, or other engineering
neer to inform the first engineer of any changes.
content, assembled as direction for a specific pro-
The changes, and any implications of those
ject. In this case, there would be engineering judg-
changes, become the responsibility of the second
ment exercised in the evaluation and selection of
engineer.
the specific information, making the assembly
therefore an act within the practice of profession- PEO makes a distinction between as-built and
al engineering (assuming the content relied on record drawings. As-built drawings are those pre-
the application of engineering principles). In this pared by a third party, such as the contractor. An
case, if the summary were provided to someone engineer should never seal as-built drawings.
other than the engineer’s employer, it would need Record drawings are those prepared by either a
to be sealed. third party or by the engineer, for which the engi-
neer has verified in detail all the indicated changes
In particular, a collection of best practices pre-
or site-related information. These must be sealed
pared as construction and maintenance recom-
by the engineer.
mendations for a specific infrastructure facility
would need to be sealed, if the recommendations Q: In the case of Engineering Firm A designing a pro-
involved engineering principles. The engineer ject for Client A (a government body), Client A under-

2 0 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


taking contract administration of the work and there Q: Our organization retains outside consultants to
being changes to the drawings, can Client A make the undertake design work on our behalf. The drawings
changes without involvement of Engineering Firm A? are signed and sealed by the consultant. What are
Can Client A (a government body) receive as-built or the implications for our organization’s director of
record drawings from Contractor A for their own records engineering if the director signs the drawings? The
and not seal the as-built or record drawings, if there are signing is not for the purpose of approving the design,
changes to the work as designed by Engineering Firm A? but merely to acknowledge acceptance of the tender
package.
A: In situations where an engineering firm does
not handle contract administration, the client can A: As far as the Professional Engineers Act is con-
make changes to the project without notifying the cerned, the only person responsible for the doc-
design engineer. However, if the design changes uments is the engineer who affixed a seal to the
involve the practice of professional engineering, drawings. All other signatures are simply matters
the client must have a P.Eng. (either a separate of internal administrative control. Many organi-
engineering firm or an employee of the client) make zations apply a series of signatures to all draw-
the changes. This requirement may not be applic- ings, including signatures by non-engineer man-
able in certain federal projects where provincial agers. Such signatures are required for numerous
jurisdiction does not apply, since the regulation of reasons, such as sign-off for budgeting purposes.
professional engineering practice is a provincial These authorization signatures do not indicate
matter. The client can receive unsealed as-built any minimization or delegation of professional
drawings from the contractor directly. There is no responsibility for the professional engineer who
obligation on any party to ensure that sealed record sealed the drawings. They also do not imply that
drawings are prepared and provided to the client, a non-licensed person signing the drawing has
unless this is specifically noted in the contract. illegally practised professional engineering.

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 21
Appendix 1. Definitions
Approving/supervising engineer is the profession- and that the engineer was available to provide
al engineer taking overall responsibility for a large guidance to those preparing the documents at all
or multidisciplinary project. This engineer can times between commencement and completion
authenticate an engineering document that is the of the project.
result of the expertise of several engineers work-
Document refers to a single coherent body of infor-
ing in the same team on a shared project, where
mation recorded in the form of words, symbols,
it may be considered impractical to apply the
sounds, or images on any medium.
seals and signatures of all engineers. Since this
engineer is taking responsibility for the work of Document integrity means that information in
the team members, this engineer must be com- a document has not been altered and has been
petent in all engineering disciplines represented maintained in its entirety. To maintain integri-
by the document. ty, the medium used must be stable throughout
the entire period of required information
As-built drawing is documentation created by or
longevity. The integrity of a document must be
based solely on information provided by a third
maintained through all stages of its life cycle,
party that reflects the installed, constructed, or
including authentication, consultation, exami-
commissioned conditions of a device, machine,
nation, verification, fragmentation, reproduc-
equipment, apparatus, structure, system, or other
tion, transfer, transmission, storage, archiving,
outcome of an engineering project. Since the engi-
destruction, recovery, reconstitution, or manip-
neer has not verified that the information is com-
ulation of any kind.
pete or accurate, as-built drawings must not be
sealed (see Record drawing). Engineering document is a document of any kind in
any medium that expresses engineering work carried
Content is the information within a document,
out by a professional engineer. In general, they are
regardless of form or media.
any outputs of an engineering design or analysis
Coordinating (or Integrating) engineer is the pro- process, such as design requirements, engineering
fessional engineer responsible for integrating the drawings, specifications, reports, or instructions. The
expertise and output of a large and/or multidiscipli- following are examples of engineering documents:
nary team of engineers. This engineer takes respon-
• any drawing prepared as a graphical instruction
sibility for ensuring that all work relevant to the pro-
based on engineering decisions, such as process
ject has been completed and has been prepared by
flow diagrams, structural framing plans, electrical
professional engineers, but does not take responsibil-
power distribution diagrams;
ity for the work of the team members.
• design notes, including calculations;
Direct supervision means the professional engi-
neer was the decision-making authority for the • pre-start health and safety reports;
preparation of the engineering documents, that
• reports based on engineering judgments, document-
all those who assisted in preparing the documents
ing recommendations, opinions, evaluations, certifi-
reported directly to and received directions only
cations, condition assessments, analysis, verification;
from the engineer, that the engineer had author-
ity to assign tasks to those assisting on the basis • technical standards and specifications;
of his or her assessment of their capabilities, that
• technical procedures;
the engineer could compel them to act in accor-
dance with his or her decisions, that the engi - • technical guidelines providing descriptions of pre-
neer regularly reviewed the work done by others, scriptive methodologies; and

2 2 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


• forms for submission to regulatory authorities, such • Written by identifies the person(s) who creates the
as a Commitment to Provide General Review of Con- document.
struction, or applications for Ministry of Environ-
• Checked by means a person has examined the doc-
ment Certificates of Authorization.
ument to determine whether the content is com-
plete, correctly formatted, consistent with corpo-
Handwritten signature is a name or personal mark, rate standards, and accurately reflects information
in handwritten form, that a person affixes to a doc- supplied by the designer. It does not include an
ument and routinely uses to express consent or examination of whether the engineering princi-
acknowledge responsibility with respect to the doc- ples in developing the document are correctly
ument, or to authenticate it. applied. Documents do not need to be checked
by a professional engineer.
Impression is a facsimile (of a seal, signature, etc.)
on a document, regardless of the medium used. • Prepared means the engineering document was cre-
ated by, and the supporting work (such as analy-
Original is a document that emanates directly from
sis, calculation, evaluation, testing, etc.) was done
the author and is the only authentic source for
by, a licensed professional engineer or person(s)
copies or reproductions. In the case of technology-
working under the direct personal supervision of a
based documents, the integrity of the original must
professional engineer. An engineering document is
be ensured and the original must be capable of
prepared by a professional engineer, even if it is
being linked to a person, whether or not the doc-
drawn by, or written by, others.
ument is released.
• Verified means an engineering document has been
Record drawing is a document created to accurate-
examined for correctness against design require-
ly reflect as-constructed, as-built, or as-fabricated
ments by a professional engineer or a person work-
conditions and that has been sealed by a profes-
ing under the direct personal supervision of a pro-
sional engineer after verifying that the document
fessional engineer.
is accurate. They are usually retained to meet busi-
ness or regulatory requirements. • Approved means a professional engineer responsi-
ble for preparing the engineering document, or for
Sealed means a document is signed, dated and bears
integrating documents prepared by other profes-
an impression of the professional engineer’s stamp.
sional engineers, is satisfied that the content of the
The seal implies that the professional engineer attests
document or documents meets professional stan-
to the completeness and accuracy of the document.
dards and, in recognition of the approval, signs
Shop or factory drawings are documents comprising and seals the document. Approval means taking
detailed representations of a device, machine, equip- professional design responsibility for the engineer-
ment, apparatus, structure, or other result of manu- ing document. Approval in this context refers to a
facture created for the purpose of installation, assem- personal decision by the engineer in relation to his
blage, fabrication, construction or manufacturing, or or her own work and must be distinguished from
to illustrate the use of routine or specific methods. approval as used in relation to regulatory purpos-
es, such as the building permit process. Approval
The following are terms often used to refer to vari-
of one’s design must be distinguished from, and
ous stages in typical corporate or organizational doc-
must not be confused with, approval used in the
ument management schemes. As generally used, they
context of an Authority performing its regulatory
are often vague and ambiguous about the role of a
mandate to determine whether a submitted design
professional engineer.
meets requirements of an act or regulation. Exam-
• Drawn by identifies the person(s) who generates the ples of this include government approvals under
drawing. the Building Code Act or the Environmental Pro-

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 23
tection Act. When a professional engineer is charged duction or construction, a commitment of funds,
with carrying out an approval under these or any or a decision to issue to a client. This action refers
other act or regulation, the professional engineer to a management assurance procedure, not profes-
is actually exercising a delegated authority on behalf sional accountability.
of that authority. An engineer, or anyone else, pro-
• Accepted by means a sealed engineering document
viding regulatory approval of a document does not
or package of engineering documents has been
take responsibility for the content of the docu-
examined by a person, other than the profession-
ment, and consequently cannot make modifica-
al engineer(s) who sealed the documents, to deter-
tions to the design or report. Any non-compliant
mine whether the document(s) is(are) suitable for
issues noted during the regulatory approval process
the intended use. This person, generally the
must be reported to the approving engineer (i.e.
employer, client, or agent of the client/employer,
the engineer who affixed a seal to the document).
does not need to be a professional engineer, since
The approving engineer will determine whether to
the acceptance is generally a release to proceed with
incorporate these changes into the document or
non-engineering activities, such as purchasing, ten-
deal with non-compliant issues in other ways. The
dering, allocation of funds, and other administra-
regulatory authority, however, still retains the right
tive tasks.
to refuse approval.
• Reviewed by means examination of a document
• Authorized refers to a non-engineering (generally (generally shop drawings) prepared by a third party,
a corporate administration) decision, indicating to determine whether its content generally con-
that a final engineering document or package of forms to the design intent expressed by the draw-
engineering documents has been accepted for their ings, specifications or other documents prepared
intended use. This may involve a release for pro- by the designer.

Appendix 2. Extracts From Regulation 941,


Professional Engineers Act
52. (1) Every Member shall have a seal of a design (2) Where a Member’s seal was issued prior to
approved by the Council, the impression of the 1st day of September, 1984, the word
which shall include, “Registered” may appear in place of the word
(a) the surname and initials or given names “Licensed” on the seal. R.R.O. 1990, Reg.
of the Member; 941, S. 52(2).
(b) the words “licensed Professional Engi-
(3) Every holder of a temporary licence shall
neer” and “Ontario”; and
have a seal of a design approved by the
(c) t h e l i c e n c e n u m b e r. R . R . O . 1 9 9 0 ,
Council, the impression of which shall
Re g . 9 4 1 , s . 5 2 ( 1 ) ; O . Re g . 1 3 / 0 3 ,
include,
s. 15(1).
(a) the surname and initials of the holder
(1.1) If a Member’s seal was issued before the day of the temporary licence;
subsections 11(1) to (65) of Schedule B to (b) the words “Temporary Licensee” and
the Government Efficiency Act, 2001 come “Association of Professional Engineers
into force, clause 1(c) does not apply. O.Reg. of Ontario”;
12/03, s. 15(2). (c) the temporary licence number;

2 4 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


(d) the date of expiry; and fessional engineering mentioned in the
(e) a statement of the limitations on the limited licence;
temporary licence that may affect the (e) REVOKED: O.Reg. 13/03, s. 15(3).
p u b l i c . R . R . O . 1 9 9 0 , Re g . 9 4 1 , s . (f ) a statement of the limitations on the
52(3). limited licence that may affect the pub-
(3.1) Every holder of a provisional licence shall lic. R.R.O. 1990, Reg. 941, s. 52(4);
have a seal of a design approved by the O.Reg. 13/03, s. 15(3).
Council, the impression of which shall
53. Every holder of a licence, temporary licence, pro-
include,
visional licence or limited licence who provides to
(a) the surname and initials of the holder
the public a service that is within the practice of
of the provisional licence;
professional engineering shall sign, date and affix
(b) the words “Provisional Licensee” and
the holder’s seal to every final drawing, specification,
“Association of Professional Engineers
plan, report or other document prepared or checked
of Ontario”;
by the holder as part of the service before it is issued.
(c) the provisional licence number;
R.R.O. 1990, Reg. 941, s. 53; O.Reg. 13/03, s. 16.
(d) the date of expiry; and
(e) a statement that the holder is entitled 54. Every person whose licence, temporary licence, pro-
to practise professional engineering visional licence, limited licence or certificate of
only under the supervision of a profes- authorization is suspended or revoked and every
sional engineer, and shall not issue a partnership whose certificate of authorization is sus-
final drawing, specification, plan, pended or revoked shall forthwith deliver it to the
report or other document unless the Registrar together with the person’s or partnership’s
supervising professional engineer also related seal and the certificate, if any, designating
signs and dates it and affixes his or her the person as a specialist or a consulting engineer.
seal to it. O.Reg. 13/03, s. 15(2). R.R.O. 1990, Reg. 941, s. 54; O.Reg. 13/03, s. 17.

(4) Every holder of a limited licence shall have 55. Every person who resigns from the Association and
a seal of a design approved by the Council, every person or partnership who surrenders a tem-
the impression of which shall include, porary licence, provisional licence, limited licence
(a) the surname and initials of the holder or certificate of authorization shall forthwith deliv-
of the limited licence; er to the Registrar the person’s or partnership’s
(b) t h e w o r d s “ L i m i t e d L i c e n s e e” a n d licence, temporary licence, provisional licence, lim-
“Association of Professional Engineers ited licence or certificate of authorization togeth-
of Ontario”; er with the related seal and the certificate, if any,
(c) the limited licence number; designating the person as a specialist or a consult-
(d) a statement that the licence is limited to ing engineer. R.R.O. 1990, Reg. 941, s. 55; O.Reg.
the services within the practice of pro- 13/03, s. 18.

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 25
Appendix 3. Amendment and Revision Submission Form
Guideline:

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statement of proposed amendment or revision:

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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Reason:

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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Submitted by: –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Date:–––––––––––––––––––––––––––––––––

M AIL : Professional Engineers Ontario


101-40 Sheppard Avenue West
Toronto ON M2N 6K9

ATTENTION : Bernard Ennis, P.Eng., Manager, Practice and Standards

FAX : (416) 224-8168 or (800) 268-0496

E MAIL : bennis@peo.on.ca

2 6 U S E O F T H E PR OFESSIONAL ENGINEER ’S SEAL


Appendix 4. PEO Professional Practice Guidelines
1. Acting as Contract Employees (2001) 16. Professional Engineer as an Expert Witness
(1997)
2. Acting as Independent Contractors (2001)
17. Professional Engineer’s Duty to Report (1991)
3. Acting Under the Drainage Act (1988)
18. Project Management Services (1991)
4. Acoustical Engineering Services in Land-Use
Planning (1998) 19. Reports for Pre-Start Health and Safety Reviews
(2001)
5. Building Projects Using Manufacturer-Designed
Systems & Components (1999) 20. Reports on Mineral Properties (2002)

6. Commissioning Work in Buildings (1992) 21. Roads, Bridges and Associated Facilities (1995)

7. Communications Services (1993)


22. Selection of Engineering Services (1998)
8. Engineering Services to Municipalities (1986)
23. Solid Waste Management (1993)
9. Environmental Site Assessment, Remediation
and Management (1996) 24. Structural Engineering Services in Buildings
(1995)
10. General Review of Construction as Required by
the Ontario Building Code (2008) 25. Temporary Works (1993)

26. Transportation and Traffic Engineering (1994)


11. Geotechnical Engineering Services (1993)

12. Guideline to Professional Practice (1998)


27. Use of Agreements between Client and Engi-
13. Human Rights in Professional Practice (2000) neer for Professional Engineering Ser vices
(including sample agreement) (2000)
14. Land Development/Redevelopment Engineer-
ing Services (1994) 28. Use of Computer Software Tools Affecting Pub-
lic Safety or Welfare (1993)
15. Mechanical and Electrical Engineering Services
in Buildings (1997) 29. Use of the Professional Engineer’s Seal (2008)

P ro f e ssi o n a l E n g i n e e r s O n t ar i o 27
Published by the Association of Professional Engineers of Ontario

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