Professional Documents
Culture Documents
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.
2. Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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
Appendix 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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.
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
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).
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.
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
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;
• 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-
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
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-
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
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.
(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:
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E MAIL : bennis@peo.on.ca
6. Commissioning Work in Buildings (1992) 21. Roads, Bridges and Associated Facilities (1995)
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