i-9 - Engineers Act

À jour au 24 septembre 2020

Ce document a valeur officielle.

chapter I-9

Engineers Act

The Minister Responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

DIVISION I INTERPRETATION

1. In this Act and in the regulations made thereunder, unless the context indicates a different meaning, the following words mean:

(a)  “Order” : the Ordre des ingénieurs du Québec constituted by this Act;

(b)  “board of directors” : the board of directors of the Order;

(c)  “member” : any person who holds a permit issued by the Order and is entered on the roll;

(d)  “engineer” : a member of the Order;

(e)  “roll” : the list of the members in good standing of the Order drawn up in accordance with the Professional Code (chapter C-26) and this Act;

(f)  “structure” : an assembly of components arranged to support a load.

R. S. 1964, c. 262, s. 1; 1973, c. 60, s. 1; 1974, c. 65, s. 43; 1977, c. 5, s. 229; 2008, c. 11, s. 212; 2020, c. 15, s. 46.

DIVISION II PRACTICE OF ENGINEERING

R. S. 1964, c. 262, Div. II; 2020, c. 15, s. 47.

1.1. The practice of engineering consists, regardless of life cycle phase of works, in engaging in scientific analysis, design, execution, alteration, operation or advisory activities applied to structures and materials as well as to processes and systems that extract, use, exchange, transform, transport or store energy, information or matter in order to produce a reliable, safe and durable environment.

The practice of engineering also consists in coordinating the work of persons who participate in the carrying out of engineering works.

Respect for the environment and for life, the protection of property, heritage preservation and economic efficiency are part of the practice of engineering to the extent that they are related to the engineer’s professional activities.

2020, c. 15, s. 48.

2. The following professional activities in the practice of engineering are reserved to engineers when they relate to works referred to in section 3:

(1)  determining the concepts, parameters, equations or models that, on the basis of models derived from engineering principles, make it possible to anticipate the behaviour of structures, materials, processes or systems;

(2)  performing tests or calculations that require using models derived from engineering principles;

(3)  supervising work, particularly for the purpose of producing a certificate of compliance required under an Act;

(4)  inspecting works;

(5)  preparing, modifying, signing and sealing plans, estimates, reports, calculations, studies, drawings, operating or maintenance manuals, decommissioning plans or specifications; and

(6)  giving opinions and signing and sealing written opinions relating to a professional activity.

R. S. 1964, c. 262, s. 2; 1973, c. 60, s. 2; 2020, c. 15, s. 48.

3. The activities reserved to engineers under the first paragraph of section 2 relate to the following works:

(1)  a structural component and a mechanical, thermal or electrical system of a building, except

(a)  a building, other than an industrial occupancy, regarding which complete acceptable solutions provided for in Part 9 of the National Building Code, as incorporated into Chapter I of the Construction Code (chapter B-1.1, r. 2), are applied; and

(b)  an agricultural occupancy, other than a silo or a livestock waste storage facility having, after the work is completed,

i.  no more than one storey, exterior wall studs no more than 3.6 metres high, a building area of no more than 600 m2 and a height of no more than 6 metres measured from grade average ground level to its roof ridge; or

ii.  no more than two storeys and a building area of no more than 150 m2;

(2)  a temporary or permanent structure that requires studies on the properties of the materials composing or supporting it, in particular a structure used

(a)  for the transportation of persons or material, such as a bridge, road, crane, pipeline or tower or the structural components of a sewer; or

(b)  for the control or use of waters, such as a dam or retention basin or the structural components of waterworks; and

(3)  a system to generate, accumulate, transmit, use or distribute energy in electrical, mechanical or thermal form, such as industrial equipment or a pumping system used to treat water, excluding a system whose malfunction does not present a risk for the safety of persons and a system intended for use by a single dwelling unit.

Such professional activities also relate to the dependencies of road works.

For the purposes of the first paragraph, industrial-scale transformation or extraction processes, excluding a process to extract a forest resource, are considered to be works.

A system for the discharge, collection or treatment of waste water from an isolated dwelling referred to in a regulation made under the Environment Quality Act (chapter Q-2), as well as a private waterworks system and a private system for the treatment, disposal or reclamation of residual materials intended for use by a single dwelling unit having not more than six bedrooms, are excluded from the first paragraph.

R. S. 1964, c. 262, s. 3; 2020, c. 15, s. 48.

3.1. For the purposes of section 3,

“agricultural occupancy” means the occupancy or use, or the intended occupancy or use, of a building or of part of a building for an agricultural activity within the meaning of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1);

“building area” means the largest horizontal surface of the building above average ground level, measured between the outside of exterior walls or between the outside of exterior walls and the centre line of firewalls;

“dwelling unit” means a building or part of a building that provides sleeping accommodation for persons but is not used for the housing or detention of persons who require medical care or for the involuntary detention of persons;

“industrial occupancy” means the occupancy or use of a building or of part of a building for assembling, fabricating, manufacturing, processing, repairing or storing products, goods or materials.

2020, c. 15, s. 48.

3.2. The Government may, by regulation,

(1)  exclude works from the application of section 3, in the cases and on the conditions it determines; and

(2)  determine any other works to which the professional activities referred to in the first paragraph of section 2 relate, in the cases and on the conditions it determines.

The Government shall, before making such a regulation, consult the Office des professions du Québec and the Order.

2020, c. 15, s. 48.

3.3. An engineer must sign and seal all plans and specifications that he has prepared in relation to works referred to in section 3.

2020, c. 15, s. 48.

4. For works referred to in subparagraph 1 of the first paragraph of section 3, an engineer may not prepare or modify plans, estimates, reports, calculations, studies, designs or specifications without the collaboration of an architect, unless the activity is related to an existing building and does not alter its form.

R. S. 1964, c. 262, s. 4; 2020, c. 15, s. 48.

5. Nothing in this Act shall

(1)  infringe on the rights granted by law to architects, provided that they have the collaboration of an engineer for works referred to in subparagraph 1 of the first paragraph of section 3, or prevent them from collaborating with an engineer who retains their services for works referred to in that section;

(2)  infringe on the rights granted by law to another professional;

(3)  infringe on the rights granted by law to members of the Corporation of Master Pipe-Mechanics of Québec or the Corporation of Master Electricians of Québec;

(4)  prevent an owner, contractor, superintendent or foreman from coordinating work;

(5)  prevent a person from engaging in an activity reserved to engineers, provided that the person does so in accordance with a regulation made pursuant to subparagraph h of the first paragraph of section 94 of the Professional Code (chapter C-26);

(6)  prevent bacteriologists or physicists from engaging in their activities;

(7)  prevent a person from engaging in an activity relating to ore prospecting;

(8)  restrict the normal practice of the art or trade of artisans or skilled tradespersons;

(9)  prevent a municipality from supervising work it carries out itself insofar as the work is for minor repairs that do not alter the original design of the works;

(10)  prevent a person from engaging in activities related to teaching and research for an educational institution;

(11)  prevent a person from contributing, as an employee and under the supervision of an engineer, to the preparation or modification of plans, estimates, reports, calculations, studies, drawings, operating or maintenance manuals, decommissioning plans or specifications;

(12)  prevent a person from exercising a function that has been delegated to him or for which an authorization has been issued to him under a law or a regulation under Transport Canada’s responsibility;

(13)  prevent a person from engaging in his information technology activities; or

(14)  prevent a person entrusted with the enforcement of an Act from exercising a function determined in that Act.

R. S. 1964, c. 262, s. 5; 1973, c. 60, s. 3; 1975, c. 80, s. 33; 1977, c. 5, s. 229; 1980, c. 12, s. 9; 1984, c. 47, s. 64; 1993, c. 38, s. 7; 1994, c. 40, s. 336; 2020, c. 15, s. 48.

DIVISION III ORDRE DES INGÉNIEURS DU QUÉBEC

6. All the persons qualified to practise the profession of engineering in Québec constitute a professional order called the “Ordre professionnel des ingénieurs du Québec” or the “Ordre des ingénieurs du Québec”.

R. S. 1964, c. 262, s. 6; 1973, c. 60, s. 5; 1977, c. 5, s. 229; 1994, c. 40, s. 337.

7. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1973, c. 60, s. 5.

8. The Order shall have its head office in Québec, at the place determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

R. S. 1964, c. 262, s. 7; 1973, c. 60, s. 6; 1977, c. 5, s. 14; 1983, c. 14, s. 1; 1994, c. 40, s. 338; 2008, c. 11, s. 212.

9. The Order shall be administered by a board of directors called the “board of directors of the Ordre des ingénieurs du Québec”.

The board of directors shall be constituted as prescribed in the Professional Code (chapter C-26).

R. S. 1964, c. 262, s. 8; 1973, c. 60, s. 7; 1974, c. 65, s. 109; 1977, c. 5, s. 229; 1994, c. 40, s. 339; 2008, c. 11, s. 212; 2017, c. 11, s. 122.

10. The board of directors shall make a regulation pursuant to subparagraph h of the first paragraph of section 94 of the Professional Code (chapter C-26) to determine, from among the professional activities reserved to engineers, those that may be engaged in by professional technologists whose competency is in an engineering technology.

R. S. 1964, c. 262, s. 9; 1973, c. 60, s. 8; 1974, c. 65, s. 44; 1994, c. 40, s. 340; 2008, c. 11, s. 212; 2017, c. 11, s. 123; 2020, c. 15, s. 49.

11. (Repealed).

R. S. 1964, c. 262, s. 10; 1973, c. 60, s. 9; 1974, c. 65, s. 45; 1975, c. 80, s. 34; 1983, c. 54, s. 43; 1994, c. 40, s. 341; 2001, c. 34, s. 18.

12. The board of directors may, in the course of its duties,

(a)  decide as to any court action or defence proceedings to be taken by and in the name of the Order, or with its authorization;

(b)  generally represent the Order for all legitimate purposes;

(c)  conduct, either directly or through committees or members specially designated for such purpose, any investigation or study deemed useful on any matter of concern to the profession;

(d)  establish scholarships, prizes and medals.

R. S. 1964, c. 262, s. 11; 1973, c. 60, s. 10, s. 27; 1999, c. 40, s. 151; 2008, c. 11, s. 212.

13. The Order may acquire, administer, sell, hypothecate, lease, exchange or transfer movable or immovable property situated in Québec.

It must dispose, within a reasonable time, of immovables which, for a period of five consecutive years, have not been used for the pursuit of its objects.

R. S. 1964, c. 262, s. 12; 1973, c. 60, s. 11; 1983, c. 14, s. 2; 1992, c. 57, s. 590.

DIVISION IV RULES RESPECTING ADMISSION

1994, c. 40, s. 342.

14. (Repealed).

R. S. 1964, c. 262, s. 13; 1973, c. 60, s. 13, s. 27; 1994, c. 40, s. 343.

15. (Repealed).

R. S. 1964, c. 262, s. 15; 1970, c. 57, s. 15; 1973, c. 60, s. 15; 1975, c. 80, s. 35; 1994, c. 40, s. 343; 1994, c. 40, s. 343.

16. The board of directors, in all cases and notwithstanding the method of admission provided, may refuse admission to any candidate who cannot provide evidence of good character to the board of directors’s satisfaction.

A decision by the board of directors to refuse admission on the ground provided for in the first paragraph shall be served on the applicant in accordance with the Code of Civil Procedure (chapter C-25.01) ; the decision may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26).

R. S. 1964, c. 262, s. 16; 1973, c. 60, s. 27; 1994, c. 40, s. 344; 2000, c. 13, s. 63; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP).

17. (Repealed).

R. S. 1964, c. 262, s. 17; 1970, c. 57, s. 16; 1973, c. 60, s. 16, s. 27; 1980, c. 11, s. 55; 1994, c. 40, s. 345; 1994, c. 40, s. 345.

18. The board of directors may, on the conditions it determines, issue a temporary permit, valid for a renewable period of not more than one year, for specific work in connection with a specific project, to a person who is

(1)  the holder of a diploma in engineering, a bachelor’s degree in applied sciences or an equivalent diploma issued by an educational institution recognized by the board of directors; or

(2)  a member of an association of engineers recognized by the board of directors.

R. S. 1964, c. 262, s. 18; 1973, c. 60, s. 17, s. 27; 1975, c. 80, s. 36; 2008, c. 11, s. 212; 2020, c. 15, s. 50.

19. (Repealed).

R. S. 1964, c. 262, s. 19; 1973, c. 60, s. 18, s. 27; 1994, c. 40, s. 346; 2008, c. 11, s. 212; 2020, c. 15, s. 51.

20. (Repealed).

R. S. 1964, c. 262, s. 20 (part); 1970, c. 57, s. 17; 1973, c. 60, s. 19; 1994, c. 40, s. 347; 2000, c. 13, s. 64; 2008, c. 11, s. 212; 2020, c. 15, s. 51.

21. (Repealed).

R. S. 1964, c. 262, s. 21; 1973, c. 60, s. 20; 1975, c. 80, s. 37; 2000, c. 13, s. 65.

DIVISION V PENAL PROVISIONS

1992, c. 61, s. 345.

22. No one who is not an engineer may

(1)  engage in a professional activity referred to in section 2;

(2)  assume the title of engineer alone or qualified;

(3)  use any title, designation or abbreviation which may lead to the belief that the person is authorized to practise the profession of engineer, or advertise himself as such; or

(4)  act as an engineer or in such a way as to lead to the belief that the person is authorized to act as such.

R. S. 1964, c. 262, s. 27; 1973, c. 60, s. 22; 1994, c. 40, s. 348; 2020, c. 15, s. 52.

23. (Repealed).

R. S. 1964, c. 262, s. 28; 1973, c. 60, s. 23; 1990, c. 4, s. 493; 1992, c. 61, s. 346.

24. No one may, for the carrying out of works referred to in section 3, use or allow the use of plans or specifications not signed and sealed by an engineer.

Despite the first paragraph, plans or specifications prepared outside Québec may be used for the carrying out of works provided they are related to a component integrated into other works and were specified and included in a document prepared by an engineer.

Nothing in the first paragraph prevents the use of plans or specifications signed and sealed in accordance with the provisions of a regulation made pursuant to subparagraph h of the first paragraph of section 94 of the Professional Code (chapter C-26).

R. S. 1964, c. 262, s. 29; 1973, c. 60, s. 24; 1974, c. 65, s. 47; 1990, c. 4, s. 494; 2008, c. 11, s. 212; 2020, c. 15, s. 54.

24.1. Anyone who contravenes section 22, 24 or 26 is guilty of an offence and is liable to the penalties prescribed by section 188 of the Professional Code (chapter C-26).

Penal proceedings for such an offence are prescribed three years after the date on which the prosecutor becomes aware of its commission.

However, no proceedings may be brought if seven years have elapsed since the commission of the offence.

A certificate from the secretary of the Order attesting to the date on which the Order became aware of the commission of the offence constitutes, in the absence of any evidence to the contrary, sufficient proof of that fact.

2020, c. 15, s. 54.

25. Any inspector designated by the board of directors may

(1)  enter, at any reasonable hour, a place where works referred to in section 3 are located, including works in the process of being carried out, and a place where the carrying out of such works is planned, in order to verify compliance with this Act;

(2)  take photographs of the place and of the property located there;

(3)  require any information or document enabling the inspector to verify compliance with this Act; and

(4)  require any person who is on the premises to provide reasonable assistance.

An inspector must, on request, provide identification and produce a certificate of authority signed by the secretary of the Order.

1975, c. 80, s. 38; 2020, c. 15, s. 54.

25.1. Any inspector may, by a request sent by registered mail or personal service, require any person to communicate by registered mail or personal service, within a reasonable time specified by the inspector, any information or document relating to the application of this Act.

2020, c. 15, s. 54.

25.2. An inspector designated by the board of directors cannot be prosecuted for acts performed in good faith in the course of the inspector’s duties.

2020, c. 15, s. 54.

25.3. Anyone who in any way hinders or attempts to hinder an inspector in the course of the inspector’s duties, in particular by concealment or misrepresentation, by refusing to provide information or a document, by concealing or destroying a document the inspector is entitled to require or by refusing to give the inspector reasonable assistance is guilty of an offence and is liable to the penalties prescribed by section 188 of the Professional Code (chapter C-26).

2020, c. 15, s. 54.

DIVISION VI MISCELLANEOUS PROVISIONS

R. S. 1964, c. 262, Div. VI; 2020, c. 15, s. 54.

26. No one shall carry on any activity in Québec or advertise himself there under a firm name which includes any of the words “ingénieur”, “génie”, “ingénierie”, “engineer” or “engineering”.

This provision shall not apply to a legal person whose name on 16 July 1964 included any of the said words, nor shall it apply to partnerships or companies within which members of the Ordre des ingénieurs du Québec are authorized to carry on professional activities in accordance with Chapter VI.3 of the Professional Code (chapter C-26).

This provision shall not prevent an aircraft technician who holds a licence from the Department of Transport of Canada from designating himself in English by the title of “aircraft maintenance engineer”.

R. S. 1964, c. 262, s. 30; 1973, c. 60, s. 25; 1999, c. 40, s. 151; 2009, c. 35, s. 56; 2020, c. 15, s. 55.

27. No person practising as an engineer and not entitled to do so under this Act shall be entitled to recover before any court any sum of money for services rendered in such capacity.

R. S. 1964, c. 262, s. 31.

28. In any action or proceeding under this Act, the certificate of the secretary or executive director certifying under the seal of the Order that a person, on a specified date, was or was not a member of the Order or was under suspension as a member, shall be proof of its contents, of the authenticity of his signature and of the truth of any other matter mentioned, until the contrary is proved.

R. S. 1964, c. 262, s. 32; 1973, c. 60, s. 26; 1974, c. 65, s. 48; 1975, c. 80, s. 39.

28.1. An engineer may carry on his or her professional activities within a joint-stock company constituted for that purpose before 21 June 2001 until the coming into force of the first regulation made by the Order under paragraph p of section 94 of the Professional Code (chapter C-26).

From the coming into force of the regulation, an engineer may carry on his or her professional activities within such a company insofar as the engineer complies with the provisions of the regulation. The regulation may nevertheless provide that an obligation, term, condition or restriction in respect of the carrying on of professional activities within a joint-stock company shall not apply to the engineer until the expiry of a certain period of time, which may not exceed one year from the coming into force of the regulation.

2001, c. 34, s. 19.

29. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 262 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter I-9 of the Revised Statutes.