By-Law No. 1 Amended

On February 2, 2018, to implement the change to the Professional Engineers Act passed in 2010 under the Open for Business Act to transfer Council’s power to set fees from making regulations to passing bylaws, Council approved changes to By-Law No. 1 to set fees and to update various references. The bylaw changes are a straight clause-for-clause addition of existing fees in regulation to the bylaw, without changing amounts, and do not affect PEO policy concerning fees and processes. These changes became effective immediately upon Council approval. The requirement for paying fees for a regulatory purpose remains in Regulation 941. To view By-Law No. 1, as amended, visit www.peo.on.ca.

Chapters

5.     Revoked

9.     If a chapter shall be dissolved or shall cease to exist for any other reason or shall be declared inactive by the Council, all assets of that chapter, unless otherwise directed by the Council, shall revert to the association and shall be delivered over by the governing body of the chapter to the director, finance of the association forthwith on demand.

Officials and Employees

34.   The registrar, any deputy registrars, the director, finance and such other officials as may be appointed by the Council under Section 3(8) of the Act shall have such duties as the Council may determine from time to time and shall hold office in accordance with the terms of any contract of service between the association and such official approved by the Council or in the absence of such contract shall hold office at the pleasure of the Council.

Other Organizations

38.   The Council may authorize participation by the association in the activities of the Engineers Canada as a constituent association thereof, the Ontario Society of Professional Engineers, or other organizations with functions that are not inconsistent with and are complementary to those of the association.

Fees General

39.   (1)    Unless otherwise stated, fees including applicable taxes shall be paid on the date specified by the Council.

Licence Fees

         (2)    An applicant for a licence shall pay an application fee of $300.

         (3)    A person whose application for a licence has been accepted shall pay a registration fee of $250.

         (4)    Subject to Section 39(5), a holder of a licence shall pay an annual fee of $220 payable upon registration and on or before each anniversary of registration.

         (5)    Every Life Member is exempt from the requirement to pay the annual fee referred to in Section 39(4).

Limited Licence Fees

         (6)    An applicant for a limited licence shall pay an application fee of $300.

         (7)    A person whose application for a limited licence has been accepted shall pay a registration fee of $250.

         (8)    A holder of a limited licence shall pay an annual fee of $220 payable upon registration and on or before each anniversary of registration. However, a former holder of the engineering technology class of limited licence class is not required to pay an additional fee for reissuing the engineering technology class of limited licence.

Provisional Licence Fees

         (9)    An applicant for a licence who is issued a provisional licence shall pay a registration fee of $250.

Temporary Licence Fees

      (10)     An applicant for a temporary licence shall pay an application fee of $650. 

Engineering Intern Fees

       (11)    An applicant for a licence shall pay a fee of $75 upon becoming an engineering intern and shall pay an annual fee of $75 on or before each anniversary of becoming an engineering intern.

Reinstatement Fees

       (12)    A member who resigned from the association shall pay the following fees before their licence may be reinstated:

  1. a reinstatement fee of $230;
  2. the fees owing by the person to the association at the time the member resigned, if any; and
  3. the fees payable for the current year and, if at the time of resignation the member’s annual fee was reduced in accordance with Section 39(14) (Fee Remission), the member shall pay a reduced annual fee of $55.

       (13)   A person whose licence or limited licence was cancelled for non-payment of fees shall pay the following fees before their licence or limited licence may be reinstated:

  1. the fees owing by the person to the association at the time the licence or limited licence was cancelled;
  2. the annual fee payable for the current year and, if at the time of cancellation the person’s annual fee was reduced in accordance with Section 39(14) (Fee Remission), the person shall pay a reduced annual fee of $55; and
  3. subject to Section d, a reinstatement fee of,
    i. $50, if the payments referred to in paragraphs (a) and (b) are made in full within 90 days after the cancellation,
    ii. $230, if the payments referred to in paragraphs (a) and (b) are made in full more than 90 days and within two years after the cancellation, and
    iii. $460, if the payments referred to in paragraphs (a) and (b) are made in full more than two years after the cancellation;
  4. If the person’s fees were reduced in accordance with Section 39(14) (Fee Remission) at the time the licence or limited licence was cancelled, the reinstatement fee referred to in paragraph (c) is as follows:
    i. $50, if the payments referred to in paragraphs (a) and (b) are made in full within two years after the cancellation, and
    ii. $460, if the payments referred to in paragraphs (a) and (b) are made in full more than two years after the cancellation.

Fee Remission

        (14)   The Registrar shall reduce part of the annual fee, to the amount set out in Section 39(15) of a holder of a licence or a limited licence who meets the conditions of Section 41.1 of Regulation 941.

        (15)   The reduced annual fee referred to in Section 39(14) is $55.00 for licence holders and limited licence holders.

        (16)   If a person no longer meets the requirements of Section 41.1 of Regulation 941, the person shall immediately pay the following fees:

  1. any fees owed to the association;
  2. the difference, if any, between the amount required to be paid by the licence or limited licence holder as an annual fee for the current year and the amount required to be paid as an annual fee for a person who pays a reduced fee in accordance with Section 39(15) for that year; and
  3. a fee of $50.00.

Consulting Engineer Fees

         (17)   A person who applies for designation or re-designation as a consulting engineer shall pay an application fee of $220.

         (18)   A person who applies for permission to use the term “consulting engineers” shall pay an application fee of $45.

         (19)   A consulting engineer shall pay a registration fee of $220 for each five year period of designation. 

Certificate of Authorization Fees

         (20)   A person who applies for a certificate of authorization shall pay an application fee of $330.

         (21)   A holder of a certificate of authorization shall pay:

  1. an annual fee of $330 payable upon acceptance of the application and on or before each anniversary of the acceptance; and
  2. for each replaced certificate of authorization, a fee of $50. 

Examination Fees

         (22)   A person shall pay the following fees in relation to examinations, which are non-refundable except for the fee set out in Section e.:

  1. To write or rewrite the Professional Practice Examination, $165;
  2. To write the first licensing examination other than the Professional Practice Examination, $580;
  3. To write or rewrite any other licensing examination other than the Professional Practice Examination, $165;
  4. Upon submission of a thesis, $300; and
  5. To write each examination required in support of an application for designation as a consulting engineer, $165.

Seal Fees

        (23)   A person shall pay the following fees for the issuance of a seal:

  1. $25 for a rubber seal; and
  2. $68 for a metal seal.

Application of Funds and Administration of Property

40.   (a)   payment of all expenses incurred in connection with duties imposed on the association under the Act, including expenses in connection with applications for licences, recording of engineering interns, applications for temporary or limited licences, granting of certificates of authorization, maintaining of registers by the registrar, hearings under the Act and appeals therefrom, and proceedings with respect to offences under the Act;

41.    All money received by or on behalf of the association shall be deposited in the name of the association in one or more chartered banks or trust companies designated by the Council. All payments from the funds of the association shall be authorized by the most senior person in the department or the division of the association from whose budget the funds are being paid. Where the most senior person in the department or division of the association is not available, he or she, or failing that, the registrar, may designate another person to authorize payments. The payments shall be processed by the director, finance or his or her designate. 

43.    All shares and securities owned by the association shall be registered in the name of the association and shall be lodged with a chartered bank or trust company or in a safety deposit box subject to access only by the president, the president-elect or the past president accompanied by the director, finance or such person as shall be authorized by the Council.

45.  (a)   Subject to Section 8(1) and subject to Section 45(b), deeds, transfers, contracts and other instruments requiring the signature of the association may be signed by one of the president, president-elect, or the past president and either the registrar or the director, finance.

         (b)   deeds, transfers, contracts and other instruments requiring the signature of the association and which have an aggregate expenditure there under of less than $20,000 may be signed by any two of the registrar; director, finance; deputy registrar, licensing and registration; deputy registrar, standards and tribunals; deputy registrar, regulatory compliance; director, communications; chief administrative officer; or director, information and technology services.

Financial Statements

51.   The Council shall lay before each Annual Meeting of the members a financial statement prepared in accordance with generally accepted accounting principles for the previous fiscal year of the association (made up of a balance sheet as at the end of such fiscal year and statements of revenue and expenditure and changes in net asset for such fiscal year) together with the report of the association’s auditors on the financial statement. The financial statement with (a summary of) the auditor’s report shall be published in the official publication of the association after its approval by the Council.

Seal and Other Insignia

54.   The seal of the association shall be of such design as approved by Council and, when used on official documents, shall be authenticated by the signature of the president, the president-elect or the past president and the registrar or the treasurer. A printed facsimile of the seal may be used to designate official pronouncements or decisions of Council when such is authorized by the registrar.

Amendments to Regulations and By-Laws

58.   In accordance with section 8(3) of the Act, Council shall determine the manner in which a by-law is to be confirmed by a majority of the members of the association who vote on the by-law.

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