PEO argued that the Professional Engineers Act establishes exclusive regulation over the practice of engineering, and that the Building Code Act does not authorize certification of professional engineers.

OAA argued that the Building Code Act is intended to regulate buildings, not people, stating that there can’t be two Acts with the same function, regulating professional engineers. OAA also pointed out that there is no clause in the Act that says that the Building Code Act supersedes all other statutes (such as the Professional Engineers Act), despite the fact that provincial legislature has used this approach in the past.

The provincial government argued that (1) the Building Code Act applies to buildings and people; (2) no legislation has exclusive jurisdiction over public safety; (3) nothing in the Building Code Act challenges the expertise of professions; and, (4) there is no reason why there cannot be parallel regulatory regimes governing professional practice.

The panel's decision is expected to be released in the New Year. The decision will set a precedent because it will clarify if and when government ministries are allowed to impose additional requirements on licensed professional engineers. Stay tuned to www.ospe.on.ca for the latest information on this important issue.