The Office of the Syndic and respect for ethics
Essential values
Office of the Syndic: FAQs
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Am I required to hire an engineer for the work I wish to carry out?
The Engineers Act lists the kinds of work that fall within the exclusive practice of an engineer. Section 2 specifies in particular:
...the foundations, framework and electrical and mechanical systems of buildings the cost of which exceeds $100,000 and of public buildings within the meaning of the Public Buildings Safety Act (chapter S-3).
In other words, only an engineer may provide consultations or opinions, make measurements, produce layouts, prepare reports, computations, designs, drawings, plans and specifications, or inspect or supervise job sites with respect to the work designated in section 2 of the Act.
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Can I obtain a copy of a document from my file which is held by the engineer?
Yes, in accordance with section 3.07.01 of the Code of Ethics. The engineer must respond to such a request within 30 days. The engineer is entitled to charge reasonable fees for the transmission, transcription or reproduction of such documents.
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Can the Order refer an engineer?
No, but we can tell you if an engineer is listed on the roll of the Order, and if that engineer has ever been the subject of a disciplinary decision or penalty or of a restriction of his right to engage in professional activities.
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The work being performed at my neighbour's place appears very dangerous and I believe it poses a risk to them or to me, my children, my property and my belongings. What can I do?
Contact your municipality. It has the necessary authority to ensure public safety within its territory.
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Can I personally file a disciplinary complaint against an engineer?
Yes. You have two choices. You can ask the syndic of the Order to initiate an investigation with respect to an engineer or you can directly lodge your complaint with the Order's Committee of Discipline.
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I want to know if the engineer I plan to hire is presently under investigation or has previously been subject to disciplinary penalties. Can I call the Office of the Syndic to obtain such information?
Investigations by the syndic are confidential and not even the existence of such an investigation may be disclosed. However, you can learn if an engineer has previously been the subject of a disciplinary penalty. Disciplinary decisions are public and you can obtain a copy from the Order.
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The engineer that I hired to do certain work did not give me the promised documents and fails to return my calls. What can I do?
Engineers must demonstrate reasonable diligence and availability in their professional practice. A client who is dissatisfied because of an engineer's lack of diligence can write to the engineer requesting that the engineer provide such documents or contact the client, within a reasonable deadline stipulated in the letter. If the client remains dissatisfied, he may ask the Order's syndic to conduct an investigation on the engineer in question.
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The engineer that I hired has not completed his assignment and I want him to refund the money that I already paid him. What should I do?
Contact the Order's General Department to request account mediation within 60 days of the date the account is received.
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The engineer that I hired overcharged me substantially and failed to give me an estimate in advance. Do I have any remedies? Can he refuse to return my documents if I do not pay him?
Unless your contract provides otherwise, the engineer must return your documents, even if your dispute pertains to fees due.
If the deadline for requesting mediation has passed, you can request an investigation from the Order's syndic. If the parties so agree, the syndic can seek reconciliation between the parties if he believes that the facts submitted in support of the complaint could serve as the basis for a settlement.
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If the Order's Committee of Discipline determines on the basis of my complaint that the engineer has failed to comply with the Code of Ethics, is the engineer required to reimburse my money or pay for the damage he caused?
No. The disciplinary process is aimed at remedying misconduct and not at compensating the complainant or a third party. You must petition the civil courts for such compensation.
