The Superior Court of Québec rules: the written exams imposed by the Ordre des ingénieurs du Québec's Professional Inspection Committee are illegal

On December 10th, 2018, the Superior Court of Québec, in the case of Paparella vs. Ordre des ingénieurs du Québec, decided that the written exams that had been previously imposed by the Ordre des ingénieurs du Québec's (OIQ) Professional Inspection Committee (PIC) were illegal and contrary to the Règlement sur l'inspection professionnelle des ingénieurs, adopted in accordance with the Professional Code. By doing so, the Superior Court accepted the position of the engineer and the arguments presented by his legal team, Dubé Légal inc.

In its judgment, the Court writes that the OIQ's Professional Inspection Committee could not impose a written exam or guided interview to engineer Paparella. According to the Règlement sur l'inspection professionnelle des ingénieurs, only the OIQ's Board of Directors could impose an exam or guided interview upon recommendation from the PIC, following the end of a professional inspection. In addition, the Court specifies that section 90 of the Professional Code constitutes the legal basis for the Règlement sur l'inspection professionnelle des ingénieurs and that the Politique d'inspection professionnelle de l'OIQ was contrary to the regulation and had no legal value. 

All engineers who have underwent a written exam illegally imposed by the PIC should consult a lawyer in order to understand their rights  Dubé Légal inc., Montréal professional law lawyers.