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OIQ Control Over Engineering Members

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OIQ Control Over Engineering Members

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elyoblliw
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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ENGR201 Professional Practice and Responsibility ©

Lesson 7 Podcast Transcript: Duties to the Profession

OIQ Controls Over its Members


In this podcast, we will discuss the nature of control OIQ exercises over their member
engineers.

The Order of Engineers Quebec (OIQ) exercises considerable control over its
members to ensure that the association as a whole is meeting its legislative mandate of
developing engineers, who remain accountable to society and who contribute positively
to public welfare. In order to do so, OIQ exerts control on key aspects – membership,
nature of practice, and social accountability. We will examine each of these aspects in
detail.

Membership
For an engineer, to be a member of the OIQ is crucial to practice the profession. This is
so because in Quebec a person can be designated an engineer in the workplace only if
they are a registered member of OIQ. A member of OIQ is required to hold a permit
issued by OIQ and their name be entered on OIQ’s roll. Thus, if for some reason they
lose their membership, it is not possible for the person to continue practicing the
engineering profession legally. Thus, it becomes vital for a member to constantly meet
membership conditions. Important membership conditions are as follows:
1. Ensure registration on the roll every year on April 1st.
2. Not be temporarily or permanently stricken off the roll of OIQ.
3. Ensure that your permit is not revoked by the disciplinary council.
4. Meet important membership conditions for member renewal. These conditions
include not having a criminal record outside the profession in Canada or in another
country. Another condition is to have completely paid any disciplinary penalties or
assessment during the year. It may also be required to meet physical/mental
competencies to continue active professional life.

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without the permission of the owner. 1
Nature of practice
A major function of OIQ is to ensure continuous monitoring of the practice of engineers
registered with it. OIQ employs different methods to monitor the professional practice. A
vital and ongoing responsibility is exercised through the process of professional
inspection. Professional inspection is conducted at OIQ by the Professional Inspection
Committee. The primary mission of the inspection committee is to ensure that their
membership meets minimum required standards for proper professional practice. In
order to evaluate standards of professional practice, inspectors can examine any
material aspect of practice, including records, books, registers, chemicals, products,
substances, apparatus, and equipment entrusted to the professional by a client or
employer. The Committee conducts general inspection according to a program
published in the PLAN (the professional magazine published by the OIQ). In addition to
the general inspection, the committee also conducts specialized inspection of a
member, if it is explicitly asked to do so as part of an investigation. If during the
inspection, the committee believes that the member is engaging in unethical practice, it
cannot take disciplinary action but it can inform the Syndic if there are reasonable
grounds that an offence has been committed.
Another major aspect of professional practice that is controlled by OIQ is discipline and
penalty. All members of OIQ (including retired members or junior engineers) can have
their professional practice investigated. Investigation is an internal process that aims to
examine if unethical or offending practice was undertaken by a member. Once the
process of investigation concludes that unethical practice was indeed conducted, the
member is liable for disciplinary actions or penalties. In Québec, the OIQ has exclusive
jurisdiction over any such investigations or disciplinary processes. In other words, these
investigations or disciplinary processes cannot be challenged in a regular civil or
criminal court. Investigations of malpractice are investigated by the Syndic. After
concluding the investigation, the Syndic makes their recommendation to the OIQ’s
disciplinary council. It is the disciplinary council that judges the complaint, hears the
member and makes a decision to award penalties. According to the gravity of the
offense committed by the engineer, the disciplinary council can recommend the
following penalties – an oral reprimand; removing the member temporarily or
permanently from the roll; a fine of $1,000-$12,500 with fines doubled for repeat
offences; an obligation to remit a sum of money to the entitled person; or restriction or
suspension to engage in professional activities.

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Social Accountability
A key means of ensuring that members remain accountable to society is through the
conciliation or arbitration process. The conciliation or arbitration process is a means
adopted by OIQ to serve society. Any resident of Québec, who is unhappy over the fees
they provided to an engineer and feels they were over-charged, can utilize OIQ’s
arbitration process to determine if they were actually over-charged. This procedure
applies only when the member is engaged in private practice and not employed by a
company. As part of the arbitration process, the OIQ can examine the quality of service
provided by the engineer to verify if the client was overcharged or not. If the
investigation reveals that the engineer did over-charge the client for their services,
OIQ’s council of arbitration will determine the amount of reimbursement the engineer
has to pay to the client.

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Common questions

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The OIQ ensures engineers meet minimum standards through a structured inspection regime conducted by the Professional Inspection Committee. This includes general program-based inspections and specialized ones prompted by specific concerns. The inspection covers all material aspects of an engineer’s practice to evaluate adherence to professional standards. If unethical practices are suspected, the matter is referred to the Syndic for further investigation .

The OIQ ensures social accountability through a conciliation or arbitration process designed to address grievances related to engineers' fees and services. This process allows the public to challenge overcharges by engineers in private practice by having OIQ assess the legitimacy of fees and services rendered. It is a mechanism to maintain transparency and accountability towards society .

The Syndic plays a crucial role in the disciplinary process by investigating allegations of malpractice once referred by the Professional Inspection Committee. After completing an investigation, the Syndic makes recommendations to the OIQ's disciplinary council, which then decides on appropriate penalties. This structure helps maintain fairness and thoroughness in handling misconduct allegations .

The OIQ's disciplinary council can impose various penalties for misconduct, depending on the severity of the offense. These include an oral reprimand, temporary or permanent removal from the member roll, fines ranging from $1,000 to $12,500 (doubled for repeat offenses), an order to remit money to affected parties, and restrictions or suspensions on professional activities .

The OIQ uses a conciliation or arbitration process to resolve disputes about alleged overcharging by engineers. This process is available for private practice cases, not for company-employed engineers. During arbitration, the OIQ examines the quality of service and fee appropriateness. If overcharging is confirmed, the council of arbitration determines the reimbursement amount the engineer must return to the client .

Membership in the OIQ is crucial for engineers practicing in Quebec because only registered members of OIQ are legally recognized as engineers. This registration is mandatory for practicing the profession, safeguarding the integrity of engineering services provided to the public by ensuring adherence to relevant standards and practices .

The Professional Inspection Committee monitors professional practice by conducting both general and specialized inspections. They evaluate standards by examining materials aspects including records, equipment, and substances related to the engineer's practice. General inspections are part of a regular program, while specialized inspections are carried out when requested for investigation. The Committee cannot take disciplinary action but can refer cases of unethical practice to the Syndic for further investigation .

The Order of Engineers Quebec (OIQ) ensures that engineers contribute positively to public welfare by exercising control over its members in aspects such as membership requirements, the nature of their practice, and their social accountability. This includes mandating annual registration, maintaining an OIQ roll, and enforcing compliance with professional standards through inspections and the possibility of disciplinary action for unethical conduct. They also employ a conciliation or arbitration process to address public grievances regarding overcharging, ensuring engineers remain accountable to societal expectations .

Engineers must meet several membership conditions to maintain their standing with the OIQ, such as ensuring their registration on the roll by April 1st each year, not being temporarily or permanently removed from the roll, ensuring their permit is not revoked by the disciplinary council, and fulfilling renewal conditions which include not having a criminal record, paying disciplinary penalties, and meeting physical/mental competency requirements .

The OIQ holds exclusive jurisdiction over professional investigations and disciplinary processes, meaning these processes cannot be contested or overturned in regular civil or criminal courts. This specialization emphasizes the distinct regulatory framework for professional conduct, tailored specifically to address engineering practice standards and ethical breaches unique to professional engineering .

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