Use of Seals Article

24

Aprofessional’s seal is a representation that thework has been performed by or under the super-vision of the professional and that the professional

is taking responsibility for the work. The seal is a solemnconfirmation from the professional that the document canbe relied upon and used by others for the purposesintended. Seals are an instrument for quality control andare as applicable to documents produced for use “inhouse” by a professional’s employer as they are todocuments produced for an outside client. There is nothingwithin The Engineering and Geoscience Professions Act orbylaws that exempts the sealing of documents prepared bya Professional Engineer or Professional Geoscientist forinternal use, be it a government department, Crowncorporation, mine or other industrial facility.

When a consulting service is involved, the term “approvingengineer/geoscientist” shall refer to the professional whodeclared their intention to provide consulting services andhas been granted a “licence for permission to consult” bythis Association. If the consulting service is providedthrough a partnership, association of persons, or corpor-ation, that entity must have a Certificate of Authorizationand must also apply its Certificate of Authorization seal.The appropriate approving engineer/geoscientist mustdate and sign the Certificate of Authorization seal. All sealsare to be applied to documents in accordance with TheEngineering and Geoscience Professions Act and bylaws.

The Association does issue a seal for Engineers-In-Trainingand Geoscientists-In-Training. At the “in-training” level,persons do not have professional status and they cannottake professional responsibility for the work. However, theAssociation encourages the use of seals by persons at thein-training level to identify their work.

Original seals may be reproduced by any means to generatean impression, including procedures that use informationtechnologies (an electronic version of the seal). Theimpression must correspond in all respects to the originalseal to preserve its characteristics except that of size. Thesize must be large enough that the elements of the seal arelegible. Similarly, a professional’s signature may bereproduced electronically and be used in a size that ensuresit is legible.

The Engineering and Geoscience Professions Act states thatevery licensee shall sign and seal, in accordance with thebylaws, all final drawings, specifications, plans, reports, andother documents relating to the practice of professionalengineering or the practice of professional geoscience thathe or she issues. Seals shall be acquired from the Associa-tion and be of the form set out in the bylaws. Seals are tobe affixed in a prominent location and signed and dated.Members or licensees are reminded that they must at alltimes ensure that their seal remains under their direct control.

Traditionally, a professional would apply a “wet” seal to adocument and then sign and date the document, thuscreating an authenticated original. Copies of that document,even if they contain the image of the seal, signature anddate, are only copies. In the electronic world, an electronicdocument becomes an authenticated original only afterthe professional embeds a digital signature into thedocument. It is important to understand that the image ofthe seal, signature and date, differs from the form of securityknown as a “digital signature,” which is an encryptedalphanumeric data set used as personal electronic identifi-cation information. The professional is permanentlyassociated with the document by attachment of the digitalsignature. This is not an electronic copy of a handwrittensignature obtained by scanning or electronic pen. A digitalsignature is intended to have the same legal force anddistinguishing effect as the use of a signature affixed byhand. Only documents that have been signed and dated byhand, or that contain a “digital signature” are authenticatedoriginals.

Use of Professional SealsbY CHRIS WIMMER, P.ENG., FEC, APEGS DIRECTOR OF PROFESSIONAL STANDARDS

25

A Professional Engineer or Professional Geoscientistlicensed in Saskatchewan must be responsible for allprofessional engineering and professional geosciencework respectively that is undertaken in Saskatchewan, orfor projects located in Saskatchewan. The scope ofengineering and geoscience can be determined byreferring to the definitions of the practice of professionalengineering and the practice of professional geosciencecontained in section 2 of The Engineering and GeoscienceProfessions Act.

Given the importance of aprofessional’s seal, it shouldnot be used indiscriminately.

The seal is intended for application on documentsproduced in connection with rendering professionalengineering or professional geoscience service. The seal isnot, and should not be considered, a certification mark orwarranty, or be confused with a corporate business seal.

The mere fact that a document is issued by a professionalis insufficient grounds to warrant application of the seal.“Record” or “as-built” drawings should not be sealed.Such drawings are largely produced by or based oninformation provided by others. It is impractical andinherently risky for a professional to attest to the accuracyof “record” documents by applying a signature and seal.

Professionals must never apply a seal to any documentthat is unchecked or not complete for the purposes it isintended.

Professionals must never allowanother person to apply theirseal on their behalf.

Any apparent convenience of pre-sealing title blocks orschedules, or providing others with permission to applytheir seal is dramatically outweighed by grave liability andprofessional conduct consequences.

Sealing, signing and dating (collectively referred to as“authentication”) of professional documents is arequirement of The Engineering and Geoscience ProfessionsAct and bylaws. Authentication of documents is indicativeof a professional’s involvement and the professional’sacceptance of responsibility for the work contained in thedocument.

For further information on the use of professional seals,please refer to APEGS guide “Authentication ofDocuments - Use of Professional Seals.” Copies areavailable from the APEGS office or from the APEGSwebsite, www.apegs.sk.ca.