Role of Engineering
Submission to
Part II of the Walkerton Inquiry
The Roles and Responsibilities of Professional Engineers in the Provision of Safe Drinking Water
April 2001
CONTENTS
PRESIDENT’S MESSAGE
3
EXECUTIVE SUMMARY
4
1.
7
INTRODUCTION
1.1
1.2
1.3
2
THE WALKERTON INQUIRY
PROFESSIONAL ENGINEERING AND DRINKING WATER SAFETY
A BOUT THIS REPORT
PROFESSIONAL ENGIN EERING REGULATORY FRAMEWORK
2.1 THE RULES GOVERNING PROFESSIONAL ENGINEERING
2.1.1
Historical Overview of Engineering Regulation
2.1.2
The Professional Engineers Act
2.1.3
Regulation 941 of the Act
2.1.4
Code of Ethics
2.1.5
Professional Engineers Seal
2.2 ROLE OF PROFESSIONAL ENGINEERS ONTARIO
2.2.1
PEO’s Legislated Mandate
2.2.2
Licensing
2.2.3
Certificates of Authorization
2.2.4
Negligence and Professional Misconduct
2.2.5
Complaints and Disciplinary Procedures
2.2.6
Demonstrating Duty to Public Welfare
2.2.7
PEO Environment Committee
2.3 THE LICENSED PROFESSIONAL ENGINEER
2.3.1
Continuing Competence
2.3.2
Professional Conduct and Liability
2.3.3
Conflict of Interest
2.3.4
Duty to Report
3
THE CURRENT PRACTICE OF ENGINEERING IN THE PROVISION OF DRINKING
WATER
3.1 A CADEMIC TRAINING
3.1.1
Environmental Engineering
3.1.2
Chemical Engineering
3.1.3
Civil Engineering
3.1.4
Geological and Geotechnical Engineering
3.1.5
Mechanical Engineering
3.2 LEGAL REQUIREMENTS
3.2.1
Ontario Water Resources Act
3.2.2
Ontario Regulation 459/00 Drinking Water Protection
3.2.3
Regulation 435/93
3.2.4
Environmental Protection Act
3.2.5
Environmental Assessment Act
3.2.6
Drainage Act
3.2.7
Ontario Building Code Act
3.2.8
Other Legislation Impacting Water Supply
3.3 THE PROFESSIONAL ENGINEER’S ROLE
3.3.1
Municipal Responsibilities
3.3.2
Public Sector Engineers
3.3.3
Private Sector Engineers
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Part II of the Walkerton Inquiry
The Roles and Responsibilities of Professional Engineers in the Provision of Safe Drinking Water
April 2001
CONTENTS
PRESIDENT’S MESSAGE
3
EXECUTIVE SUMMARY
4
1.
7
INTRODUCTION
1.1
1.2
1.3
2
THE WALKERTON INQUIRY
PROFESSIONAL ENGINEERING AND DRINKING WATER SAFETY
A BOUT THIS REPORT
PROFESSIONAL ENGIN EERING REGULATORY FRAMEWORK
2.1 THE RULES GOVERNING PROFESSIONAL ENGINEERING
2.1.1
Historical Overview of Engineering Regulation
2.1.2
The Professional Engineers Act
2.1.3
Regulation 941 of the Act
2.1.4
Code of Ethics
2.1.5
Professional Engineers Seal
2.2 ROLE OF PROFESSIONAL ENGINEERS ONTARIO
2.2.1
PEO’s Legislated Mandate
2.2.2
Licensing
2.2.3
Certificates of Authorization
2.2.4
Negligence and Professional Misconduct
2.2.5
Complaints and Disciplinary Procedures
2.2.6
Demonstrating Duty to Public Welfare
2.2.7
PEO Environment Committee
2.3 THE LICENSED PROFESSIONAL ENGINEER
2.3.1
Continuing Competence
2.3.2
Professional Conduct and Liability
2.3.3
Conflict of Interest
2.3.4
Duty to Report
3
THE CURRENT PRACTICE OF ENGINEERING IN THE PROVISION OF DRINKING
WATER
3.1 A CADEMIC TRAINING
3.1.1
Environmental Engineering
3.1.2
Chemical Engineering
3.1.3
Civil Engineering
3.1.4
Geological and Geotechnical Engineering
3.1.5
Mechanical Engineering
3.2 LEGAL REQUIREMENTS
3.2.1
Ontario Water Resources Act
3.2.2
Ontario Regulation 459/00 Drinking Water Protection
3.2.3
Regulation 435/93
3.2.4
Environmental Protection Act
3.2.5
Environmental Assessment Act
3.2.6
Drainage Act
3.2.7
Ontario Building Code Act
3.2.8
Other Legislation Impacting Water Supply
3.3 THE PROFESSIONAL ENGINEER’S ROLE
3.3.1
Municipal Responsibilities
3.3.2
Public Sector Engineers
3.3.3
Private Sector Engineers
7
7
8
10
10
10
10
11
11
12
12
12
12
13
13
14
14
15
15
16
16
16
16
17
17
17
17
18
18
18
18
19
20
20
21
Bibliography: Andrews, Gordon C. and Herbert C. Ratz. (1997). Introduction to Professional Engineering . Fifth Edition. Andrews, Gordon C. and John H. Kemper. (1999). Canadian Professional Engineering Practice and Ethics. Boyko, Boris (1996). “PEO experts tackle environmental, work safety regulatory issues”. The Link . Toronto: Professional Engineers Ontario. Canada News Wire (2000). Commission of the Walkerton Inquiry – background information. Toronto: June 16, 2000. Canadian Council of Professional Engineers (2000). Canadian Engineering Accreditation Board Accreditation Criteria and Procedures for the year ending June 30, 2000 Corneil, E.R. (1987). Letter from E.R. Corneil, P.Eng., President of the Association of Professional Engineers of Ontario, to The Honourable James L September 8, 1987. Editor, The (1997). “PEO environment committee advises government”. Engineering Dimensions, July/August, 1999, p.37. Estrin, David and John Swaigen (1993). Environment on Trial – A Guide to Ontario Environmental Law and Policy Hawthorne, Karen (1999). “Engineers crucial to raising environmental standards”. The Link , v.4, no.3, June/July, 1999 Hawthorne, Karen (1999). “One stop shopping for professional development courses”. Engineering Dimensions, May/June, 1999, p.16. Lucas, A. (2000). Personal communication via electronic mail with John Gamble, Manager of Government Relations for Professional Engineers Ontario. Mucklestone, Connie. (1998). “PEO’s discipline process”. Engineering Dimensions. January/February, 1999, p.19. Municipal Engineers Association (2000). Municipal Class Environmental Assessment. Mississauga: Municipal Engineers Association. Ontario Ministry of Health (2000). The Facts about E. coli – Fact Sheet. [online] [cited March 20, 2001.] http://www.srhip.on.ca/bgoshu2/Walkerton/MinistryInformation.htm . Ontario Ministry of the Environment (1985). Guidelines for the Design of Water Distribution Systems. Ontario Ministry of the Environment (1994). Guideline B-1: Water Management – Guidelines and Procedures of the Ministry of the Environment Ontario Ministry of the Environment (2000). “Engineer’s reports for waterworks”. Technical Brief – Ministry of the Environment Water Initiatives Ontario Sewer and Waterm ain Construction Association (2001). Drinking Water Management in Ontario: A Brief History 37 Ontario Society of Professional Engineers (2001) Piper, Alison. (1997). “A firm foundation: history of the Professional Engineers Act.” Engineering Dimensions Professional Engineers Ontario. (2001) Licensing Guide and Application for Licence – how to apply for a professional engineer licence in Ontario Statutes of Ontario (1990). Environmental Protection Act, R.S.O. 1990, c. E. 19. Statutes of Ontario (1990). Ontario Water Resources Act, R.S.O. 1990, c. O.40. , amended by: 1992, c. 23, s Task Force on Admissions, Complaints, Discipline and Enforcement (1999). Report. Presented to the Council of Professional Engineers Ontario Toronto Star (2001). The Walkerton Story – Bad policies, Bad decisions, Bad water. [online] [Cited March 20, 2001.] http://www.king.thestar.com/editorial/ walkerton/. qualifications and have been licensed by PEO. The definition and use of the title are set out in the Professional Engineers Act, R.S.O, 1990, Chap