On February 22, the Ontario Court of Justice fined a Toronto-area man $15,625 (including a 25 per cent victim fine surcharge of $3,125) after his guilty plea to four counts of breaching the Professional Engineers Act by misrepresenting himself as a professional engineer.
Kevin Kirk Smith used the titles “professional engineer” and “P.Eng.” in the employment application and interview for a position as a senior consultant, a position which called for credentials as a professional engineer. After being hired, Smith presented and displayed a forged licence certificate and used the title “P.Eng.” in internal correspondence and reports issued to clients.
The employer contacted Professional Engineers Ontario (PEO) and determined that Smith was not licensed as a professional engineer.
Smith subsequently used the titles “professional engineer” and “P.Eng.” in the employment application and interview for a position with a PEO certificate of authorization holder. For the duration of his employment, Smith displayed a forged licence certificate at his desk and used the title “P.Eng.” in email correspondence.
Her Worship Justice of the Peace Ruby Wong convicted Smith of one count of breaching section 41(1) of the Professional Engineers Act, which prohibits issuing a false licence certificate, and levied a fine of $5,000 for this offence. Her worship further convicted Smith of three counts of breaching section 40(2)(a) of the Professional Engineers Act, which prohibits use of the titles “professional engineer” and “P.Eng.,” and levied fines of $2,500 for each offence.
Nick Hambleton, associate counsel, regulatory compliance, represented PEO in this matter. PEO would like to thank both employers for their diligence and co-operation in its investigation.