Unlicensed biomedical engineers are not considered engineers under section 6(4) of the Labour Relations Act.
In an application for certification, the employer argued that two biomedical engineers should be excluded from the bargaining unit pursuant to section 6(4) of the Labour Relations Act, despite not holding licences under the Professional Engineers Act.
The employer contended that 1993 amendments to the Labour Relations Act broadened the category of persons considered engineers.
The majority of the Board rejected this argument, holding that the historical requirement for an individual to be a licensed engineer in Ontario remains applicable.
As the individuals were unlicensed, they were not engineers for the purposes of section 6(4) and were not excluded from the bargaining unit.
A dissenting opinion argued that the statutory amendments removed the strict licensing requirement.
Ontario Public Service Employees Union v. Oshawa General Hospital, 1995 CanLII 9976
