12 (1) No person shall engage in the practice of professional engineering or hold himself, herself or itself out as engaging in the practice of professional engineering unless the person is the holder of a licence, a temporary licence, a provisional licence or a limited licence.  R.S.O. 1990, c. P.28, s. 12 (1); 2001, c. 9, Sched. B, s. 11 (16). Certificate of authorization (2) No person shall offer to the public or engage in the business of providing to the public services that are within the practice of professional engineering except under and in accordance with a certificate of authorization.  R.S.O. 1990, c. P.28, s. 12 (2). Exceptions (3) Subsections (1) and (2) do not apply to prevent a person, (a)  from doing an act that is within the practice of professional engineering in relation to machinery or equipment, other than equipment of a structural nature, for use in the facilities of the person’s employer in the production of products by the person’s employer; (b)  from doing an act that is within the practice of professional engineering where a professional engineer or limited licence holder assumes responsibility for the services within the practice of professional engineering to which the act is related; (c)  from designing or providing tools and dies; (d)  from doing an act that is within the practice of professional engineering but that is exempt from the application of this Act when performed or provided by a member of a class of persons prescribed by the regulations for the purpose of the exemption, if the person is a member of the class; (e)  from doing an act that is exempt by the regulations from the application of this Act; (f)  from using the title “engineer” or an abbreviation of that title in a manner that is authorized or required by an Act or regulation.  R.S.O. 1990, c. P.28, s. 12 (3); 2001, c. 9, Sched. B, s. 11 (17); 2010, c. 16, Sched. 2, s. 5 (18). Same (4) Subsections (1) and (2) do not apply to the preparation or provision of a design for the construction, enlargement or alteration of a building, (a)  that is not more than three storeys and not more than 600 square metres in gross area as constructed, enlarged or altered; (b)  that is used or intended for one or more of residential occupancy, business occupancy, personal services occupancy, mercantile occupancy or industrial occupancy; and (c)  is not designed to house and is not part of an apparatus, process, facility or works the design of which is within the practice of professional engineering.  R.S.O. 1990, c. P.28, s. 12 (4). Same (5) Subsections (1) and (2) do not apply to, (a)  the preparation or provision of a design for the construction, enlargement or alteration of a building that is not more than three storeys and that is used or intended for residential occupancy and, (i)  that contains one dwelling unit or two attached dwelling units each of which is constructed directly on grade, or (ii)  that is not more than 600 square metres in building area as constructed, enlarged or altered and contains three or more attached dwelling units, each of which is constructed directly on grade, with no dwelling unit constructed above another dwelling unit; or (b)  the preparation or provision of a design for alterations within a dwelling unit that will not affect or are not likely to affect fire separations, firewalls, the strength or safety of the building or the safety of persons in the building.  R.S.O. 1990, c. P.28, s. 12 (5). Same (6) The following rules govern the relationship between professional engineers and architects and subsections (1) and (2) do not apply to prevent an architect from preparing or providing a design for and carrying out the general review of the construction, enlargement or alteration of a building in accordance with these rules: 1.  Only an architect may prepare or provide a design for the construction, enlargement or alteration of a building, i.  used or intended for residential occupancy, ii.  that exceeds 600 square metres in gross area, and iii.  that does not exceed three storeys, and carry out the general review of the construction, enlargement or alteration of the building but an architect who prepares or provides such a design may engage a professional engineer to provide services within the practice of professional engineering in connection with the design and the professional engineer may provide the services. 2.  A professional engineer or an architect may prepare or provide a design for the construction, enlargement or alteration of a building, i.  that exceeds 600 square metres in gross area or three storeys, and ii.  that is used or intended for, A.  industrial occupancy, or B.  mixed occupancy consisting of industrial occupancy and one or more other occupancies, where none of the other occupancies exceeds 600 square metres of the gross area, but only a professional engineer may provide services within the practice of professional engineering in connection with the design. 3.  Subject to rules 4 and 5, a professional engineer shall provide services that are within the practice of professional engineering and an architect shall provide services that are within the practice of architecture related to the construction, enlargement or alteration of a building used or intended for, i.  assembly occupancy, ii.  institutional occupancy, iii.  business occupancy or personal services occupancy that exceeds 600 square metres in gross area or three storeys, iv.  mercantile occupancy that exceeds 600 square metres in gross area or three storeys, v.  residential occupancy that exceeds three storeys, vi.  mixed occupancy consisting of industrial occupancy and one or more other occupancies, where one of the other occupancies exceeds 600 square metres in gross area, vii.  mixed occupancy consisting of a combination of, A.  assembly occupancy and any other occupancy, except industrial occupancy, B.  institutional occupancy and any other occupancy, except industrial occupancy, C.  one or more of, 1.  business occupancy, 2.  personal services occupancy, or 3.  mercantile occupancy, and any other occupancy, except assembly occupancy, institutional occupancy or industrial occupancy, where the building as constructed, enlarged or altered exceeds 600 square metres in gross area or three storeys, D.  residential occupancy that exceeds three storeys and any other occupancy, where the building as constructed, enlarged or altered exceeds 600 square metres in gross area, or viii.  any other occupancy where the building as constructed, enlarged or altered exceeds 600 square metres in gross area or three storeys, but a professional engineer may provide a design for the industrial occupancy of a mixed occupancy described in subparagraph vi. 4.  An architect may perform or provide services that are within the practice of professional engineering in preparing or providing a design for and carrying out the general review of the construction, enlargement or alteration of a building described in rule 2 or 3 where to do so does not constitute a substantial part of the services within the practice of professional engineering related to the construction, enlargement or alteration of the building and is necessary, i.  for the construction, enlargement or alteration of the building and is incidental to other services provided as part of the practice of architecture by the architect in respect of the construction, enlargement or alteration of the building, or ii.  for co-ordination purposes. 5.  A professional engineer may perform or provide services that are within the practice of architecture in preparing or providing a design for and carrying out the general review of the construction, enlargement or alteration of a building described in rule 1 or 3 where to do so does not constitute a substantial part of the services within the practice of architecture related to the construction, enlargement or alteration of the building and is necessary, i.  for the construction, enlargement or alteration of the building and is incidental to other services provided as part of the practice of professional engineering by the professional engineer in respect of the construction, enlargement or alteration of the building, or ii.  for co-ordination purposes. 6.  Only an architect may carry out or provide the general review of the construction, enlargement or alteration of a building, i.  that is constructed, enlarged or altered in accordance with a design prepared or provided by an architect, or ii.  in relation to services that are provided by an architect in connection with the design in accordance with which the building is constructed, enlarged or altered. 7.  Only a professional engineer may carry out or provide the general review of the construction, enlargement or alteration of a building, i.  that is constructed, enlarged or altered in accordance with a design prepared or provided by a professional engineer, or ii.  in relation to services that are provided by a professional engineer in connection with the design in accordance with which the building is constructed, enlarged or altered. 8.  A professional engineer or an architect may act as prime consultant for the construction, enlargement or alteration of a building. 9.  A reference in these rules to the provision of a design or services by a professional engineer applies equally to a holder of a certificate of authorization.  R.S.O. 1990, c. P.28, s. 12 (6). Same (7) Subsections (1) and (2) do not apply to prevent a person from carrying out a general review of the construction, enlargement or alteration of a building that does not or is not intended to take the place of a general review required to be done by a professional engineer.  R.S.O. 1990, c. P.28, s. 12 (7). Definitions (8) In this section, “assembly occupancy” means occupancy for gatherings of persons for civic, educational, political, recreational, religious, social, travel or other similar purpose, or for the consumption of food or drink; (“établissement de réunion”) “building” means a structure consisting of a wall, roof and floor, or any one or more of them; (“bâtiment”) “building area” means the greatest horizontal area of a building within the outside surface of exterior walls or, where a firewall is to be constructed, within the outside surface of exterior walls and the centre line of firewalls; (“aire de bâtiment”) “business occupancy” means occupancy for the transaction of business; (“établissement d’affaires”) “construction” means the doing of anything in the erection, installation, extension or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere, and “constructed” has a corresponding meaning; (“construction”, “construit”) “design” means a plan, sketch, drawing, graphic representation or specification intended to govern the construction, enlargement or alteration of a building or a part of a building; (“plan”) “dwelling unit” means a room or suite of rooms used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities; (“logement”) “fire separation” means a construction assembly that acts as a barrier against the spread of fire and that may or may not have a fire-resistance rating or a fire-protection rating; (“séparation coupe-feu”) “firewall” means a type of fire separation of non-combustible construction that subdivides a building or separates adjoining buildings to resist the spread of fire and that has a fire-resistance rating as prescribed in the building code under the Building Code Act and has structural stability to remain intact under fire conditions for the fire-resistance time for which it is rated; (“mur coupe-feu”) “general review”, in relation to the construction, enlargement or alteration of a building, means an examination of the building to determine whether the construction, enlargement or alteration is in general conformity with the design governing the construction, enlargement or alteration, and reporting thereon; (“examen de conformité”) “grade” means the lowest of the average levels of finished ground adjoining each exterior wall of a building, but does not include localized depressions such as for vehicle or pedestrian entrances; (“niveau du sol”) “graphic representation” means a representation produced by electrical, electronic, photographic or printing methods and includes a representation produced on a video display terminal; (“représentation graphique”) “gross area” means the total area of all floors above grade measured between the outside surfaces of exterior walls or, where no access or building service penetrates a firewall, between the outside surfaces of exterior walls and the centre line of firewalls but in a residential occupancy where access or a building service penetrates a firewall, the measurement may be taken to the centre line of the firewall; (“surface hors-tout”) “industrial occupancy” means occupancy for assembling, fabricating, manufacturing, processing, repairing or storing of goods or materials or for producing, converting, processing or storing of energy, waste or natural resources; (“établissement industriel”) “institutional occupancy” means occupancy for the harbouring, housing or detention of persons who require special care or treatment on account of their age or mental or physical limitations or who are involuntarily detained; (“établissement hospitalier, d’assistance ou de détention”) “mercantile occupancy” means occupancy or use for displaying or selling retail goods, wares or merchandise; (“établissement commercial”) “personal services occupancy” means occupancy for the rendering or receiving of professional or personal services; (“établissement de services personnels”) “residential occupancy” means occupancy for providing sleeping accommodation for persons, but does not include institutional occupancy. (“habitation”)  R.S.O. 1990, c. P.28, s. 12 (8). Proof of practice (9) For the purposes of this section, proof of the performance of one act in the practice of professional engineering on one occasion is sufficient to establish engaging in the practice of professional engineering.  R.S.O. 1990, c. P.28, s. 12 (9). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (16, 17) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (17) - no effect - see 2017, c. 2, Sched. 2, s. 29; 2010, c. 16, Sched. 2, s. 5 (18) - 01/07/2015 2017, c. 2, Sched. 2, s. 29 - 22/03/2017