Director, Investigations & Prosecution

Professional Engineers Ontario
Posting Date:
Aug 05, 2022
Company/Firm:
Professional Engineers Ontario
Area of Law:
Regulatory and Investigations
Position Type:
Director
Deadline:
Aug 15, 2022
Location:
Toronto
Experience:
10 years plus

Description

As we move through a period of exciting transformation and organizational change, Professional Engineers Ontario (PEO) has an immediate opening for a Director, Investigations & Prosecution.

Under the authority of the Professional Engineers Act, PEO licenses and governs over 91,500 licence and certificate holders and regulates the practice of professional engineering in Ontario. PEO’s mission is to regulate and advance the practice of engineering to protect the public interest. With a talented, multidisciplinary staff of over 100, PEO’s vision is to be a trusted leader in professional self-regulation.

Position Summary 

PEO’s Regulatory Division is comprised of the departments that fulfill the functions that are mandated under the Act: admissions, registration, enforcement, investigation and discipline. The Director, Investigations & Prosecution directs and oversees the regulatory compliance function at PEO in accordance with the Act, regulations, by-laws, and PEO policies and procedures.

Though not new, the role will be charged with taking a more confident approach to the interpretation of the legislation in protecting the public while adhering to broader principles of good regulation including proportionality, consistency, specificity, accessibility, transparency, accountability and adaptability.

Responsibilities

Strategy & Leadership

  • Interpret the Act and regulations to licence holders and the public, providing information, as appropriate, related to regulatory processes.
  • Develop and administer annual operating and capital budgets for all complaints and enforcement programs and related committees, exercising financial management of departmental budget, including expenditure review and control.
  • Inform and advise Council and its governance committees on regulatory compliance matters. Make presentations and provide information as required.
  • Direct and manage the team by setting clearly defined goals and objectives, develop performance measures and targets, and evaluate employee performance. Develop departmental structure to meet goals and objectives.

Complaints

  • Responsible for the administration of the statutory complaints process, including establishing investigative process and policy, ensuring adherence, oversight of investigations.
  • Act as staff advisor to the Complaints Committee, advising the committee and Council on matters of process and complaint investigation statistics.
  • Engage and manage external counsel as required.
  • Make recommendations with regards to opening Registrar’s Investigations in accordance with the Professional Engineers Act, ensuring required thresholds of evidence to proceed.
  • Review and ensure the quality of all Complaints Committee non-referral decisions, which become part of the public record.
  • Responsible for approving all Letters of Advice issued by the Committee, and negotiating voluntary undertakings as directed by the Committee.
  • Responsible for approving the selection of independent experts when required for complaint files; issuing engagement letters.
  • Follow up on “lessons learned” from investigations, Complaints Committee deliberation and Discipline and Enforcement prosecutions
  • Follow up on penalty compliance.
  • Monitor the progress and status of investigations, provide direction and guidance to manager(s) and investigators. Where matters are referred to discipline, provide support to legal counsel prosecuting on behalf of PEO.

Legal

  • On prosecutions, actively participate in the prosecution strategy for referred matters, direct legal counsel (either internal or external) and approve Statements of Fact for settled matters and legal submission documents. Approve penalties for settled matters and proposed penalties for contested matters.
  • On Registration files, provide direction on the selection of experts and approve the strategy for PEO’s case.
  • Attend all Disciplinary Committee hearings in support of legal counsel and to monitor proceedings.

Enforcement

  • Responsible for the direction of major enforcement files or files for which a judgment is required.
  • Monitor the progress and status of enforcement, provide direction and guidance to manager(s) and investigators.
  • Advise staff on the decision to seek prosecution, investigative strategy, seeking a voluntary undertaking or closing a file.
  • Provide direction on specific enforcement outreach to stakeholders on the powers of the Act and proactively seeking breaches to investigate.

Specialized Skills and Knowledge

  • University Degree, LLB or a strong legal background is required.  A Bachelor, Engineering degree is highly desirable.
  • Minimum 15 years’ experience with investigation of complaints and enforcement matters within a regulatory body/environment. Experience or general knowledge of engineering disciplines would be an asset. 
  • Knowledge of legislative frameworks of self-regulating professions and privacy and confidentiality legislation and best practices with respect to statutory investigations. An understanding of the Professional Engineers Act (Ontario), regulations, by-laws, and PEO policies and procedures is preferred.
  • Strong written communication skills to prepare a range of materials including correspondence, recommendations, policies, and briefing notes and papers on regulatory compliance matters.
  • Organizational skills to manage the flow of issues and files
  • Management skills to produce high quality team results and outcomes, including effective delegation, coaching and performance evaluation.
  • Oral communication and presentation skills to present briefings for Council, staff and the public.
  • Diplomacy, patience, and consistency in communicating with Council, committees and the public.
  • Conflict management skills to productively navigate situations that may become adversarial in nature.
  • Attention to detail and thoroughness to evaluate and report on matters under review or investigation, decisions, and all the associated technical, legal and procedural documentation involved.
  • Professional judgment skills to navigate complex situations ethically.

To ensure the health and safety of our employees and visitors, all employees must be fully vaccinated against Covid-19 if their role requires in-person and/or on-site participation at our premises. This role is a hybrid role and will require in-person attendance.

In these times, we rely on a balance of on-site and virtual team meetings and management practices to support both performance and collaboration.

If you are interested in this role, please forward your resume and cover letter to us (including salary expectations) by August 15, 2022.

PEO values diversity and is an equal opportunity employer. PEO is committed to providing

employment accommodation in accordance with the Ontario Human Rights Code and the

Accessibility for Ontarians with Disabilities Act.

We thank all applicants in advance for your interest in our organization and advise that only those candidates selected will be contacted.

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Contact Name Irene Jackman

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