City cautioned about legality of Dolcetti hiring

The governing body for Ontario's 65,000 professional engineers has cautioned the City of Sault Ste. Marie about its recent hiring of a non-engineer as commissioner of engineering and planning.

In a letter sent to Mayor John Rowswell on April 29, Kim Allen, registrar and chief executive officer of Professional Engineers Ontario, cautions that there are stiff fines for directing or supervising the application of engineering principles if you're not an engineer.

Allen also warns Rowswell that Dolcetti's new title may lead members of the public to believe that he's an engineer, which he says is similarly against the law.

As SooToday.com reported earlier this week, Mayor John Rowswell argued at Monday's Council meeting that there were unspecified "irregularities in the recruitment process." Background

The following letter, obtained by SooToday.com, was sent to Mayor John Rowswell by Kim Allen:

************************** Professional Engineers Ontario 25 Sheppard Avenue West Suite 1000 North York, Ontario M2N6S9 Tel: 416224-1100 Fax: 416224-8168 http://www.peo.on.ca

April 29, 2004

Mayor John Rowswell, P.Eng. City of Sault Saint Marie Civic Centre Court PO Box 580 Sault Saint Marie, ON P6A 5N1

VIA FAX

Dear Mayor Rowswell:

RE: Non-engineer as Commissioner of Engineering & Planning

Thank you for your letter of April 28, 2004. Employers may hire anyone they wish into a position, however, if the position is required to take responsibility for engineering as defined m the Professional Engineers Act (PEA):

"practice of professional engineering" means any act of designing, composing, evaluating, advising, reporting, directing or supervising wherein the safeguarding of life, health, property or the public welfare is concerned and that requires the application of engineering principles, but does not include practising as a natural scientist;

the person must be an engineer.

I would also like to point out that the title "Commissioner of Engineering & Planning" may lead a member of the public to believe the person is an engineer and/or responsible for engineering. Section 40 (2) of the PEA, excerpt attached, states that every person who is not a holder of a (P.Eng.) licence or a temporary licence and who uses the title "engineer" or an abbreviation of that title in a manner that will lead to the belief that the person may engage in the practice of professional engineering is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $10,000 and for each subsequent offence to a fine of not more than $25,000.

I would also like to bring to your attention that section 40 (5) states "where a corporation is guilty of an offence under subsection (2), every director or officer of the corporation who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $50,000."

Please govern yourself accordingly.

Yours truly,

Kim Allen, P.Eng. CEO and Registrar Association of Professional Engineers of Ontario

************************** Final word from engineers: Dolcetti hiring was okay