28 (1) The Discipline Committee shall, (a)  when so directed by the Council, the Executive Committee or the Complaints Committee, hear and determine allegations of professional misconduct or incompetence against a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence; (b)  hear and determine matters referred to it under section 24, 27.1, 33 or 37; and (c)  perform such other duties as are assigned to it by the Council.  R.S.O. 1990, c. P.28, s. 28 (1); 2001, c. 9, Sched. B, s. 11 (35); 2010, c. 16, Sched. 2, s. 5 (61); 2023, c. 20, Sched. 15, s. 5. Professional misconduct (2) A member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence may be found guilty of professional misconduct by the Committee if, (a)  the member or holder has been found guilty of an offence relevant to suitability to practise, upon proof of such conviction; or (b)  the member or holder has been guilty in the opinion of the Discipline Committee of professional misconduct as defined in the regulations.  R.S.O. 1990, c. P.28, s. 28 (2); 2001, c. 9, Sched. B, s. 11 (36); 2010, c. 16, Sched. 2, s. 5 (62). Incompetence (3) The Discipline Committee may find a member of the Association or a holder of a temporary licence, a provisional licence or a limited licence to be incompetent if in its opinion, (a)  the member or holder has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of the public of a nature or to an extent that demonstrates the member or holder is unfit to carry out the responsibilities of a professional engineer; or (b)  the member or holder is suffering from a physical or mental condition or disorder of a nature and extent making it desirable in the interests of the public or the member or holder that the member or holder no longer be permitted to engage in the practice of professional engineering or that his or her practice of professional engineering be restricted.  R.S.O. 1990, c. P.28, s. 28 (3); 2001, c. 9, Sched. B, s. 11 (37). Powers of Discipline Committee (4) Where the Discipline Committee finds a member of the Association or a holder of a certificate of authorization, a temporary licence, a provisional licence or a limited licence guilty of professional misconduct or to be incompetent it may, by order, (a)  revoke the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder; (b)  suspend the licence of the member or the certificate of authorization, temporary licence, provisional licence or limited licence of the holder for a stated period, not exceeding 24 months; (c)  accept the undertaking of the member or holder to limit the professional work of the member or holder in the practice of professional engineering to the extent specified in the undertaking; (d)  impose terms, conditions or limitations on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, of the member or holder, including but not limited to the successful completion of a particular course or courses of study, as are specified by the Discipline Committee; (e)  impose specific restrictions on the licence or certificate of authorization, temporary licence, provisional licence or limited licence, including but not limited to, (i)  requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to engage in the practice of professional engineering only under the personal supervision and direction of a member, (ii)  requiring the member to not alone engage in the practice of professional engineering, (iii)  requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to accept periodic inspections by the Committee or its delegate of documents and records in the possession or under the control of the member or the holder in connection with the practice of professional engineering, (iv)  requiring the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to report to the Registrar or to such committee of the Council as the Discipline Committee may specify on such matters in respect of the member’s or holder’s practice for such period of time, at such times and in such form, as the Discipline Committee may specify; (f)  require that the member or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register for a stated or unlimited period of time; (g)  revoke or suspend for a stated period of time the designation of the member or holder by the Association as a specialist, consulting engineer or otherwise; (h)  impose such fine as the Discipline Committee considers appropriate, to a maximum of $5,000, to be paid by the member of the Association or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence to the Minister of Finance for payment into the Consolidated Revenue Fund; (i)  subject to subsection (5) in respect of orders of revocation or suspension, direct that the finding and the order of the Discipline Committee be published in detail or in summary and either with or without including the name of the member or holder in the official publication of the Association and in such other manner or medium as the Discipline Committee considers appropriate in the particular case; (j)  fix and impose costs to be paid by the member or the holder to the Association; (k)  direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as the Discipline Committee may specify, including but not limited to, (i)  the successful completion by the member or the holder of the temporary licence, provisional licence or limited licence of a particular course or courses of study, (ii)  the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome, or any combination of them.  2001, c. 9, Sched. B, s. 11 (38); 2009, c. 33, Sched. 2, s. 61; 2017, c. 2, Sched. 2, s. 27. Publication of revocation or suspension (5) The Discipline Committee shall cause an order of the Committee revoking or suspending a licence or certificate of authorization, temporary licence, provisional licence or limited licence to be published, with or without the reasons therefor, in the official publication of the Association together with the name of the member or holder of the revoked or suspended licence or certificate of authorization, temporary licence, provisional licence or limited licence.  R.S.O. 1990, c. P.28, s. 28 (5); 2001, c. 9, Sched. B, s. 11 (39). Publication on request (6) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the Association, upon the request of the member of the Association or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence against whom the allegation was made.  R.S.O. 1990, c. P.28, s. 28 (6); 2001, c. 9, Sched. B, s. 11 (40). Costs (7) Where the Discipline Committee is of the opinion that the commencement of the proceedings was unwarranted, the Committee may order that the Association reimburse the member of the Association or the holder of the certificate of authorization, temporary licence, provisional licence or limited licence for the person’s costs or such portion thereof as the Discipline Committee fixes.  R.S.O. 1990, c. P.28, s. 28 (7); 2001, c. 9, Sched. B, s. 11 (41). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (35-41) - 28/02/2003 2009, c. 33, Sched. 2, s. 61 - 15/12/2009 2010, c. 16, Sched. 2, s. 5 (61) - 15/08/2012;
2010, c. 16, Sched. 2, s. 5 (62) - 25/10/2010 2017, c. 2, Sched. 2, s. 27 - 22/03/2017 2023, c. 20, Sched. 15, s. 5 - 04/12/2023