BILL 68 – “OPEN FOR BUSINESS”
WHAT YOU NEED TO KNOW ABOUT THIS BILL
In May 2010, the government introduced Bill 68, the “Open for Business” bill, which proposes amendments to dozens of different pieces of Ontario legislation. The most recent version of the 150+ page bill itself can be found at:
http://www.ontla.on.ca/bills/bills-files/39_Parliament/Session2/b068.pdf
Further background information can be found at:
http://www.ontariocanada.com/
Some of the proposed amendments are to the Professional Engineers Act, including a change to the definition of the “practice of professional engineering.” The proposed new definition basically adds some words (bolded below) to the current definition:
“practice of professional engineering" means any act of planning, designing, composing, evaluating, advising, reporting, directing or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment, or the managing of any such act; ("exercice de la profession d'ingénieur")
OPPI’s Professional Practice Advisory Group monitored the progress of the Bill as it received first and second reading in the legislature. When the Bill was referred to the Standing Committee on Finance and Economic Affairs for consideration, OPPI requested and was granted an opportunity to make a presentation to the committee at its public hearing on August 3, 2010.
OPPI’s presentation was made by Marilyn Radman, Director of Professional Practice & Development, and transcripts are available at:
http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=2010-08-03&ParlCommID=8858&BillID=2358&Business=&DocumentID=25147
In summary, OPPI stated that it does not oppose the proposed new definition, based on its understanding that the amendment does not mean that professional planners must change or restrict their activities, or obtain licensing under the Professional Engineers Act. In the proposed new definition, the word ‘planning’ is used only generically, and in connection with traditional engineering practices. Furthermore, in other provinces that already use this new definition of engineering, it has not resulted in any restrictions on the practice of professional planners.
The Standing Committee on Finance and Economic Affairs met to consider the Bill on a clause-by-clause basis on August 6, 2010 (transcripts at: http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do?locale=en&Date=2010-08-06&ParlCommID=8858&BillID=2358&Business=&DocumentID=25148 ) Some amendments (not related to OPPI’s concerns) were made to the Bill at that time. Although OPPI did not believe it was necessary and had not requested it, one amendment that was proposed was that two years after the definition in the Professional Engineers Act is changed, a committee of the legislature would consider OPPI’s concerns and report to the house as to whether the change had affected the ability of professional planners to practice. That amendment was ruled out of order and was not passed.
When the legislature resumed sitting on September 13, 2010, the Bill was reported to the house as amended and ordered for third reading. It was debated on September 15, 2010, and then that debate was adjourned to a future date to be determined. The status of the Bill can be tracked at http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2358&detailPage=bills_detail_status&Intranet
If you have questions or concerns, please contact Brian Brophey, Manager of Professional Standards, at standards@ontarioplanners.on.ca