Canadian Association of Physicists - Controversy

Controversy

While CAP argues that it hopes that the P.Phys. designation will result in other professionals recognizing it as similar to their own, a conflict has apparently arisen with Engineering regulatory bodies. In 2010, the Professional Engineers of Ontario (or PEO) were facilitating legislation with the Province of Ontario that would remove the traditional "exemption clause" for natural scientists in the definition of a professional engineer. CAP successfully lobbied Ontario's government and the PEO to retain this clause, as it claims, to protect the public interest by enabling natural scientist to continue performing functions that might overlap with the definitions in the Engineering Act. The legal definition of engineering in the Province of Ontario is:

"Any act of designing, composing, evaluating, advising, reporting, directing, or supervising wherein the safeguarding of life, health, property or the public welfare is concerned, and that requires the application of engineering principles, but does not include practicing as a natural scientist.

All three of the components must be present (i.e, the intellectual activity, the safeguarding issue and the application of engineering principles) in order for it to be considered as professional engineering."

CAP often refers to the exclusion of natural scientists from this definition as an "exemption." However, the PEO's interpretation of this clause is not as broad as the regular unqualified interpretation that the term "exemption" might suggest. The interpretation of this exclusion has been left to a "Joint Engineering and Natural Science Task Force" (JENSTF) established to advise the PEO. The PEO appears to view the meaning of "exemption" in a limited fashion:

"The report notes that Engineers Canada’s “companion,” or exception, clause is intended solely to enable 'some form of legislative protection that exempts properly qualified natural scientists from being prevented from competently practising natural science,' rather than to permit them to practise professional engineering without being licensed."

Those authorized to use the P.Phys. designation should therefore take note that they may not practice engineering as defined by the act but that they may engage in normal scientific pursuits.

The P.Phys. designation is secured solely by copyright while the designations of other traditional professionals are typically controlled by Act of legislature. The legal signficance of this licensure is dubious at best and does not rise to the same level as that of an engineer, architect, or doctor. It is more akin to designations obtained from other similar "professional associations" such as those for marketing and human resources.