Toronto Man Fined $45,000 for Illegally Representing Himself as a Professional Engineer
On August 29, 2006, Sean A. Clyke of Toronto was fined a total of $45,000 for misrepresenting himself as a professional engineer to an employment agency and for using the titles of “professional engineer” and “P.Eng.” Mr. Clyke is not, nor has he ever been, licensed as a professional engineer in Ontario, and under the province’s Professional Engineers Act, only individuals who are licensed by the Association of Professional Engineers of Ontario (PEO) may represent themselves as professional engineers or use the titles “professional engineer” or the abbreviation “P.Eng.”
The court heard that the matter first came to PEO’s attention through Mr. Clyke’s former employer, who dismissed Mr. Clyke once it was discovered that he was not licensed. After a PEO investigation, the charges were laid against Clyke. The trial proceeded in the absence of Mr. Clyke, who had previously failed to appear in court.
Mr. Clyke was convicted on each of three counts brought under the Professional Engineers Act and imposed the maximum allowable fine on each count.
Previously in December of 2004, at an application brought under the Professional Engineers Act in the Ontario Superior Court of Justice, PEO obtained a declaration that Mr.Clyke had breached the Act by misrepresenting himself as a professional engineer. In her decision, the Honourable Madame Justice Herman ordered that Mr. Clyke refrain from engaging in providing engineering services to the public. He was further ordered to refrain from using the terms “professional engineer,” “engineer” and the abbreviated title “P.Eng.” in addition to paying PEO its costs of the application in the amount of $6,607.41.
Professional associations in each of provinces and territories regulate the practice of the engineering in their respective domains. These associations establish, monitor and enforce standards of conduct for their members in order to protect the public.
In British Columbia, the Engineers and Geoscientists Act authorizes the Association of Professional Engineers and Geoscientists of British Columbia to regulate the practice of professional engineering and professional geoscience in this province. The Act provides the legal authority to investigate allegations that a member has fallen below those standards and to take disciplinary action against the member where warranted. However, unlike Ontario, the unlawful use of title or unlicensed practice in BC is a civil, rather than a criminal matter. APEGBC has recently obtained an injunction against Richard G. (Rick) Jackson of Kelowna, a suspended member, for unlawful practice.
Information on the enforcement and discipline processes can be found on the APEGBC website, or by contacting Geoff Thiele, Associate Director, Regulatory Compliance, at 604-412-4852 (toll free at 1-888-430-8035 ext.233) or email gthiele@apeg.bc.ca.