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The Office of the Registrar will cooperate withany engineer who reports a situation that theengineer believes may endanger the safety or wel-fare of the public. Wherever possible, the confi-dentiality of reporting engineers and the informa-tion they disclose will be maintained. The Officeof the Registrar will emphasize in all dealingswith the engineer’s client/employer and the publicthe engineer’s duty to report under the Act andRegulations, and will provide the reporting engi-neer with an endorsement of the performance ofhis/her duty, provided that the Registrar hasdetermined that the engineer has acted properlyand in good faith.

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Please refer to the following sections of theRevised Regulation of Ontario 941/90 madeunder the Professional Engineers Act.

1. R.R.O. 941/90 Section 77.3

2. R.R.O. 941/90 Section 72.(2)(c)

3. R.R.O. 941/90 Section 77.2.i.

FFOORR MMOORREE IINNFFOORRMMAATTIIOONNOffice of the RegistrarAssociation of ProfessionalEngineers of Ontario40 Sheppard Avenue WestSuite 101Toronto, OntarioM2N 6K9

Tel: 416 224-1100

1-800-339-3716

Fax: 416 224-8168

1-800-268-0496

http://www.peo.on.ca

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A Public Information Guide

Published by:Association of ProfessionalEngineers Ontario

January 2010

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Professional engineers have obligations both totheir clients/employers and to the public. Once ina while these obligations will be in conflict. Onone hand, the engineer is obligated not to discloseconfidential information of the client/employerand must avoid the use of such information tothe disadvantage of the client/employer.1 On theother hand, the PEO’s Code of Professional Con-duct provides that failure to report a situationthat an engineer believes may endanger the safetyor welfare of the public would constitute profes-sional misconduct on the part of the engineer.2

There should be no doubt however as to how theengineer must act. The professional engineer“shall regard the practitioner’s duty to public wel-fare as paramount.”3 Although the engineer’s ulti-mate responsibility is clear, there is no universallyapplicable procedure to be used for dischargingthis responsibility.

In most cases where conflict occurs, it is resolvedsimply by informing the client/employer of thesituation and jointly determining an alternativeand acceptable course of action. In some cases,the approach to the client/employer may have tobe reinforced with the requirements of applicabledemand-side legislation. In the rare case where a“stand-off ” is reached with the client/employer,the engineer must consider more drastic action-with highly increased personal jeopardy. It is forsuch cases that this Guideline is provided.

Engineers must act out of a sense of duty, withfull knowledge of the effect of their actions, andaccept responsibility for their judgment. For thisreason any process that involves “leaking” infor-mation anonymously is discouraged. There is abasic difference between “leaking” informationand “responsible disclosure.” The former is essen-tially furtive and selfish, with an apparent objec-tive of revenge or embarrassment; the latter isopen, personal, conducted with the interest of thepublic in mind and obviously requires that engi-neers put their names on the action and some-times their jobs on the line.

In the past when a “stand-off ” has been broughtto the attention of the PEO, the Office of theRegistrar has taken on the role of “conciliator,”serving as a means to ensure serious communica-tion between the engineer and the other partiesinvolved. In this way, the Office of the Registrarhas served as a “sounding board” for the concernsof the engineer, as an “assessor” of the merit ofsuch concerns, as a “spokesperson” for the com-munication of the concerns to the client/employer,and as a “facilitator” of remedial action. Thereporting process outlined below articulates thisassessing, conciliating and facilitating role.

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Engineers are encouraged to raise their concernsinternally with their employers or clients in anopen and forthright manner before reporting thesituation to PEO. Although there may be situa-tions where this is not possible, engineers shouldfirst attempt to resolve problems themselves.

1. If resolution as above is not possible, engineersmay report situations in writing or by tele-phone to the Office of the Registrar of PEO.In reporting the situation to PEO, engineersmust be prepared to identify themselves andbe prepared to stand openly behind their judg-ments if it becomes necessary.

2. The Office of the Registrar will expect thereporting party to provide the following infor-mation:

a) the name of the engineer who is reportingthe situation;

b) the name(s) of the engineer’s client/employer to whom the situation has beenreported;

c) a clear, detailed statement of the engineer’sconcerns, supported by evidence and theprobable consequences if remedial action isnot taken

3. The Office of the Registrar will treat all infor-mation, including the reporting engineer’sname, as confidential to the fullest extent pos-sible.

4. The Office of the Registrar will confirm thefactual nature of the situation and, where thereporting engineer has already contacted theclient/employer, obtain an explanation of thesituation from the client/employer’s point ofview.

5. Where the Office of the Registrar has reasonto believe that a situation that may endangerthe safety or welfare of the public does exist,the Office of the Registrar will take one ormore of the following actions:

a) report the situation to the appropriatemunicipal, provincial and/or federalauthorities;

b) where necessary, review the situation withone or more independent engineers, toobtain advice as to the potential danger topublic safety or welfare and the remedialaction to be taken;

c) request the client/employer to take stepsnecessary to avoid danger to the publicsafety or welfare;

d) take such other action as deemed appropri-ate under the circumstances;

e) follow up on the action taken by all partiesto confirm that the problem has beenresolved.

6. Wherever possible, the Office of the Registrarshall maintain accurate records of all commu-nications with the reporting engineer, anyauthorities involved and the client/employer.