Ontario Construction News staff writer
The Ontario Superior Court of Justice has ordered a Toronto man to stop presenting himself as an engineer without an engineering licence.
In a ruling announced on Dec. 21, the court said Michael Stephen Archer must refrain from engaging in the practice of professional engineering, offering to the public services that engage the practice of professional engineering, using the title of “Professional Engineer” or “P.Eng.” as an occupational or business designation, and making or using an engineering seal, without an engineering licence.
Professional Engineers Ontario (PEO), the licensing and regulating body for professional engineering in the province, sought the order in the interest of public safety.
In 2022 and 2023, Archer, who is not a professional engineer, repeatedly used the title of “P.Eng.” as an occupational designation. He additionally threatened to practice professional engineering, to provide to the public services within the practice of professional engineering, and to make and use an engineer’s seal without being licensed, contrary to the Professional Engineers Act. The Ontario Superior Court’s order prohibits him from continuing to engage in this type of conduct. The court also ordered Archer to pay costs of $25,000 to PEO.
PEO says it continues to investigate the matter as part of its mandate to protect public safety. Anyone in possession of a sealed or stamped document or certification bearing the name “M.S. Archer,” “Michael Stephen Archer,” who has engaged any such person for professional engineering or inspection services, is encouraged to contact PEO’s enforcement hotline at 416-840-1444 or 1-800-339-3716 ext. 1444, or by writing to the regulator at enforcement@peo.on.ca.
Matthew Howe and Jeffrey Wang, both from the Toronto law firm Polley Faith LLP, represented PEO on the matter.
PEO reminds the public that the unauthorized use of anything purporting to be a professional engineer’s seal on construction or design drawings is an offence under the Act. In certain circumstances, such conduct can result in charges under the Criminal Code of Canada. Breach of an order prohibiting an unlicensed person from holding out as a professional engineer may also result in serious judicial consequences.
To check whether an individual is licensed or a firm holds a certificate of authorization prospective clients and employers can search the directories of practitioners (licence and C of A holders) at https://peo.on.ca/directory. To report unlicensed individuals and unauthorized companies, contact PEO’s enforcement hotline.
Professional Engineers Ontario administers the Professional Engineers Act by licensing Ontario’s 85,000 individual practitioners and engineering firms.