40 (1) Every person who contravenes section 12 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $25,000 and for each subsequent offence to a fine of not more than $50,000.  R.S.O. 1990, c. P.28, s. 40 (1). Offence, use of term “professional engineer”, etc. (2) Every person who is not a holder of a licence or a temporary licence and who, (a)  uses the title “professional engineer” or “ingénieur” or an abbreviation or variation thereof as an occupational or business designation; (a.1)  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; (b)  uses a term, title or description that will lead to the belief that the person may engage in the practice of professional engineering; or (c)  uses a seal that will lead to the belief that the person is a professional engineer, 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.  R.S.O. 1990, c. P.28, s. 40 (2); 2001, c. 9, Sched. B, s. 11 (59). Onus of proof (2.1) In a proceeding for an alleged contravention of clause (2) (a.1), the burden of proving that the use of the title or abbreviation will not lead to the belief referred to is on the defendant, unless the defendant’s use of the title or abbreviation is authorized or required by an Act or regulation.  2001, c. 9, Sched. B, s. 11 (60). Offence, services of professional engineer (3) Every person who is not acting under and in accordance with a certificate of authorization and who, (a)  uses a term, title or description that will lead to the belief that the person may provide to the public services that are within the practice of professional engineering; or (b)  uses a seal that will lead to the belief that the person may provide to the public services that are within 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.  R.S.O. 1990, c. P.28, s. 40 (3). Offence, use of term “Licensed Engineering Technologist”, etc. (3.1) Every person who is not the holder of the engineering technologist class of limited licence prescribed under subparagraph 9 v.2 of subsection 7 (1) and who uses the title “Licensed Engineering Technologist” or “technologue en ingénierie titulaire de permis” or the initials “LET” or “TITP” in a manner that will lead to a belief that the person is the holder of the engineering technologist class of limited licence 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.  2010, c. 16, Sched. 2, s. 5 (64). Offence, use of term “engineering intern”, etc. (3.2) Every person who is not an engineering intern under section 20.1 and who uses any of the following terms, titles or descriptions in a manner that will lead to a belief that the person is an engineering intern under that section 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: 1.  The title “engineering intern” or “stagiaire en ingénierie” or any abbreviation or variation of the title. 2.  The initials “EIT” or “SI”. 3.  Any other term, title or description that will lead to the belief that the person is an engineering intern under section 20.1.  2010, c. 16, Sched. 2, s. 5 (64). Offence, obstruction of investigation (4) Any person who obstructs a person appointed to make an investigation under section 33 in the course of his or her duties is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  R.S.O. 1990, c. P.28, s. 40 (4). Liability of directors and officers (5) Where a corporation is guilty of an offence under subsection (1), (2), (3) or (4), 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.  R.S.O. 1990, c. P.28, s. 40 (5). Liability of partners (6) Where a person who is guilty of an offence under subsection (1), (2), (3), (3.1), (3.2) or (4) is a member or an employee of a partnership, every member of the partnership 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.  R.S.O. 1990, c. P.28, s. 40 (6); 2010, c. 16, Sched. 2, s. 5 (65). Limitation (7) Proceedings shall not be commenced in respect of an offence under subsection (1), (2), (3), (3.1), (3.2), (4), (5) or (6) after two years after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. P.28, s. 40 (7); 2010, c. 16, Sched. 2, s. 5 (66). Application of subs. (2) (8) Subsection (2) does not apply to a holder of a limited licence who uses a term, title or description authorized or permitted by the regulations.  R.S.O. 1990, c. P.28, s. 40 (8). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 11 (59, 60) - 28/02/2003 2010, c. 16, Sched. 2, s. 5 (64-66) - 01/07/2015 Offences involving falsity