Who WAS responsible for the Quebec bridge disaster?

Chief Engineer Edward Hoare

Consulting Engineer Theodore Cooper and Design Engineer Szlapka

What were the important lessons learned from the Quebec Bridge Disaster? List 5
- Adequate Capitalizations for big projects
- Hire good professionals
- Duties and responsibilities should be clearly defined
- Design decision and technical problems discussed openly
- Review Engineer Designs
- On site work monitoring
- Good communications
- Adequate staff with proper responsibilities distributed equally

Difference b/w Canadian & American License?

Canada is self regulating -> Associations regulate rules and mandates
America is not self regulating -> govt establishes regulations

What is the importance of self-regulation?

- Right to title
- Scope of practice -> allows only qualified members to practice engineering
Who benefits from self-regulation?
- The general public
- Associations are funded through licensing fees and not govt funding
What is the value of engineering to society?
- Value is to the public by allowing and trusting on qualified and licensed professionals
to control the quality of profession services
What are the common clauses in the Engineering Act?
- Purpose of Act is to protect the public
- Legal Definition of Engineering
- Authority to establish provincial Association
- Purpose of Associations
- Standards for granting licenses
- Procedures for establishing regulations to govern professional practice
- Procedures for establishing by law to govern the Association itself
- Code of Ethics
- Disciplinary procedures
What is the definition of the practice of professional engineering?
Any act of planning and designing that requires the application of engineering principles
and that concerns the safeguarding of life, the public welfare or the environment
Definition should include the following:
- A Group (membership)
- Specialized knowledge (skills/methods)
- Accountable and responsible (self-regulating & self-governing)
- Continued study (lifelong learning)
- ( performing a public service)
What is the purpose of PEO?
- Regulate the practice of professional engineering
- Protect the public interest
What are the 4 licenses of PEO?
1. Professional Engineering License
2. Limited License
3. Provisional License
4. Temporary license
What are two things elected council members do?
1. Elected councils make the regulations by setting rules that clarify an Association's Act
that typically include:
- Admission requirements
- Professional Conduct
- Disciplinary procedures
2. Elected councils make bylaws that are rules for running the associations itself and
typically include:
- Election procedures
- financial matters
- Committees
- Meetings
What is an Assay?
To measure the properties of something
What are the admission requirements for professional engineering?
1. Education
2. Experience - 4 years
3. Knowledge of Professional Practice and Ethics
4. Language
5. Character- references
6. Citizenship
7. Residence
8. Age - 18+
What is a limited license?
Holder of the limited license must be limited to the services specified in the limited
license such as:
- Approved education (3 yrs degree or diploma minimum)
- Good character
- Pass the PEO NPPE
- 8 years of acceptable engineering experience
- Fee Payment
What is a Provisional License?
A license that requires 12 months of canadian experience and 36 months of outside
Canada verifiable engineering experience and also:
- 18+
- Good character
- undergraduate degree (CEAB approved uni or equivalent)
- fee payment
What is a temporary license?
Out of province professional may receive this license but following is required:
- Qualified
- Knowledge (local codes, standards, laws)
- Collaborating (local association member on the project, which may be waived if very
qualified)
- fee payment
What is the mobility agreement?
Recognizing foreign countries qualifications and uni programs as equivalent to
accredited canadian uni programs and grant exemption from writing the nppe exam
What is the licensing process for graduates of accredited uni programs?
1. Application received by the registrar
2. Evaluation of academic qualifications
3. Professional practice examination
4. evaluation of work experience
5. Final approval
6. License awarded
What is the experience requirement to become a professional engineer?
1. Nature of experience - relevant engineering experience
2. Duration of experience -4 years
3. Currency of experience - recent relevant experience
4. Quality of experience
5. Pre-graduation experience if completed - 12 months max
6. Canadian experience - 12 months in Canada at least
7. post-graduate experience - 12 months max
What are common communication methods to follow?
- Formal reports
- Design scopes
- Basic contracts
- Drawings
- Oral Presentations
What is national mobility agreement (reciprocity agreements) conditions to follow?
The applicant is a professional engineer in good standing, and:
- Has not been disciplined
- All required documentation provided
- Let the respective provincial associations exchange files
- New rules from new association are met and agreed upon (including cpd rules)
- Language required set by new association is agreed and met
What is the difference between enforced and discipline in professional engineering?
Enforcement is for non-members as the association is enforcing the Act.
Discipline is applied to license members to disobey the Act
What is the international Mobility agreement?
Allowing a Canadian qualified engineer to work abroad but with certain rules to be
followed such as:
- A Canadian engineer working in Texas must be licensed by the local board or
Association and follow their rules and regulatiosn
What is the maximum fine for an unlicensed practice?
$20,000
What is the licensing process for a corporation?
- Apply for a Permit to Practice and Certificate of Authorization
What are the responsibilities for Permit to Practice?
- Corporate CEO must maintain organizational structure and responsibility
- Responsibility from the senior member for supervision and direction of professional
practice
- Licensed individual professionals must be ethical
What are the qualifications to become a Consultant in Ontario?
- Continuously engaged in private practice for 2 yrs.
- 5 yrs. of satisfactory experience since becoming member
- Pass exams by Association Council
- Be associated with a partnership/corporation that is a holder of Certificate of
Authorization including the individual itself
What is the purpose of code of ethics and does it tie with the iron ring?
Purpose: incorporates common sense, natural justice, and basic ethical concepts
Iron ring: does not tie with code of ethics as the ring is a voluntary act to follow high
standards in professional work
What are non-technical skills for professional engineers?
- Communication
- interpersonal skills like negotiation
- Project mgmt
- Lifelong learning
- management (recruiting, training)
- Business (contract negotiation)
What are technical skills for professional engineers?
- Dangerous and hazardous materials management
- Environmental regulations
- Code and standards
- Regulator compliance (building codes)
What is continuing competence and the professional's responsibilities?
Code of Ethics has a clause that requires continuing competence (continue learning
through training, school, technical society, etc.) Basically, trying to stay up to date with
the engineering knowledge
What is the employer's responsibility with continuing competence?
Offer their employee opportunities to learn through workshops, paid courses, and
conferences to keep their skills
What is Engineers Canada 4 major requirements for continuing competence?
1. CPD (Continuing professional development) - program by association (PEO) to direct
its members to acquire new knowledge, skills, and expertise
2. Reporting & recording - online reporting by its members
3. Compliance state - annual declaration by members that they have reported their work
4. Practice Review - Audit by association through a small random sample of members
that they have complied with CPD
True or false: Engineers Canada does not set admission standards
False, they do set admission standards. Provincial associations are left to carry out the
requirements.
Is CPD mandatory in ontario?
YES
What are the 6 classifications to maintain competence?
1. Professional Practice
2. Informal activity (trade shows, conferences)
3. Presentation
4. Formal activity ( CPD programs provided by uni, colleges, and technical societies)
5. Participation (mentoring members in training)
6. Contribution to knowledge (doing masters/phd) *Most useful
Who gets enforced?
- unlicensed engineers
- utilizing licensed professional titles
- Using a professional stamp or seal when they shouldn’t/not allowed
- Offering licensed services without a certificate of authorization or Permit to Practice
What are the 6 causes for disciplinary action?
1. Professional misconduct
2. Negligence ("carelessness")
3. Breach of Code of Ethics
4. Incompetence (unfit)
5. Physical or mental incapacity
6. Conviction of a serious offence
What does code of ethic describe?
Describes the ideal professional conduct
What does professional misconduct describe?
Identifies the lower limit of acceptable behavior
In professional misconduct, what does the standard of proof require?
It requires that it must be beyond the balance of probabilities but doesn't need to be
beyond a reasonable doubt.
What is rule of thumb with code of ethic and professional misconduct?
A code is a guideline set by the PEO meaning it is not enforceable, but professional
conduct is the rule and it can result in disciplinary actions if there is any professional
misconduct
What are the 3 stages of disciplinary process?
Stage 1: Gathering Evidence
Stage 2: Investigation and Peer Review
Stage 3: Discipline hearing
What penalties are imposed by a discipline committee?
- Revoking or suspending license (or PTP/CoA)
- Restricting license (supervision)
- Costs
- Training (course or exam to be a better professional)
- Publish results (in the case of revoking)
- Fines
What are the complaints procedure to an association's registrar?
Should be in writing and:
- Registrar:
1. Attempt to settle by education
2. Attempt to settle with aid of a mediator
- Investigation Committee:
1. Reviews the agreement made with the Registrar
2. Otherwise enact a Preliminary Investigation
3. If warranted refer the matter to the discipline committee
- Discipline Committee
1. Hold a formal hearing
2. impose fines, restrictions, as above
What is stipulated order?
A simpler form of disciplinary hearing for less serious cases
- one rep makes determination of guilt or innocence, and result has no appeal process
- both parties agree to the outcome
What is the role and purpose of technical socieities?
1. Encourage research
2. Collect and classify new information
3. Disseminate it to the members so it can be put to good use
What is the difference between associations and technical societies?
- Associate regulates professional behavior
- Societies disseminates engineering information
What is the purpose of iron ring?
- Obligate to high standards of ethics and diligent practice required by those in our
profession
Does iron ring imply individual has legal acceptance or qualification as an engineer?
No
What is SMP?
Student membership program like EIT, MIT, etc
List 5 experience documenting the quality criteria:
Must satisfy 5 quality:
1. Application of theory - design, synthesis, testing method
2. Practical experience
3. Mgmt of experience - planning, scheduling, budgeting, etc
4. Communication skills
5. Social implications of experience - awareness of conditions that are dangerous to life,
health, property, public, environment
List the levels of professional responsibility:
Level A: Entry level
Level B: EIT Engineer
Level C: Professional engineer with no supervision required
Level D: First supervisory - lead projects
Level E: Middle Management - Supervision of large projects
Level F: Senior Management - Consultant or authority to field important to organization
Level F+ : Senior Executive level - capable of planning and approving large or any size
projects
What does the professional seal represent?
Professional responsibility and accountability if the document should be found to contain
certain errors
Which documents should you not seal?
Any documents that have no technical content
What is the document approval process?
1. Scope of work - Document follows clear instructions
2. Accepted Practice: Document follows industry codes and guidelines
3. Accuracy: Document is logical, correct, and with confident
4. Completeness - document is completed with properly number pages
5. Format - completed as per company or industry format
What is the bare minimum for completed a document?
Reasonable judgement, adequate knowledge, and adequate experience
What is the most important a seal should contain from a professional?
It must be signed and dated appropriately
Can a friend request to sign and seal their work?
No
True or false: one engineer is preparing the document and another is approving it, but
only one is responsible for signing the document.
False: both are responsible for signing and sealing the document
True or false: Work can pressure a professional individual to sign and seal documents
without approving
False: There should be no pressure from work to sign and seal documents
What should you sign and stamp/seal?
- Documents released to the public
- All final documents (drawings, reports)
- Final geological cross section or mappings
- Final engineering analysis or technical proposals
What shouldn't you sign and stamp/seal?
- Internal documents (employer is not public)
- Documents marked as for information or preliminary
- Company logos or business cards
- Contracts or scope checklists
What does the Code of Misconduct state per the Professional Engineers Act? list atleast
7
1. Negligence - failing to maintain reasonable standard
2. Fail to safeguard others - life, health, or property
3. Fail to correct or reporting public danger
4. Fail to comply with statues, regulations, codes
5. Falsely sealing documents
6. Allowing deviations - from work prepared by the practitioner
7. Breaching the Act or Regulations
8. Incompetence - improper scope for skills possessed
9. Undisclosed conflicts of interests
10. Disgraceful, dishonorable, or unprofessional actions
11. Exceeding licensed authority
12. Withholding information for an investigation
13. Allowing non-professionals to practice
14. Harassment
What is the Act and Section that states the Code of Professional Misconduct?
Professional Engineer Act 941/90 Section 72
What is in section 77 of the Act?
The code of ethics
What is a Consulting Engineer?
An advisor to a client who needs advice on a design, development, management,
resources, or construction projects
What is the most required tasks by a consulting engineer?
- Engineering advice
- Expert testimony - hearings, court, etc
- Feasibility studies - cost of the project
- Detailed design - preparing drawings/specifications
- Specialized design - Manufacturing process, machine design
- Project Management
What is Certificate of Authorization or Permit to Practice?
A Licensed used for private practice or a corporation that requires to identify the
professional is responsible for the firm's engineering work and ensuring they are
qualified
What does a responsible member validate after authentication?
Professional Work Product may be in the form of a stamp or handwritten
What does the validation involve?
- Name and permit number
- Signature and license number of the responsible member
- Date of validation (not the date of authentication)
What are the conditions to be called a consultant in Ontario?
- Authorization - CoA
- Experience - Min. of 5 yrs
- Liability insurance -> duty to defend
Which license allows to be a CoA designate?
Professional Engineer or Temporary License
Who is the title "Professional Engineer" reserved for as per the Professional Engineers
Act of Ontario?
Reserved for fully licensed holders and temporary license holders.
What is a sole proprietorship?
a business owned and managed by a single individual
What is a General Partnership?
- Enables professionals to share knowledge, experience, and friendship. 2 or more
individual's business
- Start and manage the business together
What is the responsibility of General Partnership?
Equally responsible. If one screws up then both will be responsible
What is Limited Partnership?
One runs the business and other contributes the assets
- General partner (one that is running the business) is responsible for all professional
work
- Limited Partner (One that is giving the asset) is not responsible for day-to-day
operation
What is Public-Private Partnership?
It allows government to procure financing that may not other be available.
The private sector provides the initial investment into the project.
What is Corporation?
- Registering company to the government to avoid personal assets. (If a creditor sues
the company and company is registered under as a corporation, the corporation will be
sued, not the individual/owner)
What is the responsibility of corporation?
Corporation is responsible for all professional work hence why they need to get the
corporation Certificate of Authorization by PEO
Who can hold the Certificate of Authorization license?
Many different types of businesses such as partnerships, sole proprietorship, and
incorporated businesses
What is a Joint Venture?
A partnership on one project
What is QBS?
Quality Based Selection which is a process set by provincial consulting organizations to
help client choose the most optimal consultant or consulting firm
What is the process of QBS?
- Identify a short list of firms with relevant qualifications
- Request detailed proposals
- Interview, site visit, and client reference to select best qualified firm
- Negotiate an appropriate fee based on mutually agree scope of service and execute
and agreement
- Notify if a candidate is an unsuccessful consultant
What are the benefits of QBS?
- Client and professional work together within the process to define and deliver project
- Value it has to client
- Life cycle costs of the asset can be optimized
- Using qbs process, consultant will be in a much better position to determine resource
requirements, cost estimates, and fees
What are the traits to follow/have to open a consulting firm? list 4 or more
1. Education & licensing
2. Adequate experience & technical knowledge
3. Network of Contacts
4. Determination
5. Confidence and independence
6. Business and people skills
7. Good health and intelligence
What are the steps to follow for a safe design?
- Follow design codes and standards
- Be aware of safety regulations
- Make formal hazard analyzes
What are the steps to follow for safe workplace?
1. Follow occupational health & safety regulations
2. Follow company safety requirements
What is contract law?
Sets out principles that determine whether an agreement is actually a legally binding
contract b/w 2 parties
What is tort law?
A breach of the duty to care, termed negligence, resulting in injury or loss
What are examples of intentional torts?
Fraud, Trespass, Defamation
What are examples of unintentional torts?
Negligence
Negligent Misrepresentation
Does tort involve a contract?
Not always required, liability and duty of care is implied
True or false: tort must be intentional or negligent to result in liability?
True
What is the purpose of tort?
Compensate victims and not to punish the negligent
What must the plaintiff prove to succeed in a tort action?
- The defendant owed the plaintiff a duty of care
- The defendant breached that duty
- The plaintiff suffered loss or damage
- Breach was significant cause of the plaintiff's loss
When can Tort product liability be extended?
Only when there is an applicable of reasonable care
When is tort product liability not extended?
When there is an application of the notion of fraud
What are the 2 conditions for duty of care to exist?
1. A reasonably foreseeable risk of injury or damage to other exists because of the
action
2. Someone is close enough to be affected by the action
How do you prove negligence?
"Things speak to itself" meaning court would not want precise evidence to prove
negligence. It will be self-explanatory and with common sense
What is not required to prove negligence?
Intentional actions of the defendant.
Negligence does not have to be intentional and often times negligence involves a lack
of action or intention.
What is the first step when a professional is accused of negligence?
Notifying the insurer of the claim
What are conditions?
Key clauses that must be satisfied, or the contract may be terminated
What are warranties?
Clauses that permit the consumer to demand repairs or replacement on damages
What is Sales of Goods Act?
Defines certain conditions and warranties in order to protect the general public
What is the Hazardous Products Act?
Sets standards of safety across Canada for a wide variety of consumer products
What is the Consumer Protect Act?
Prevent certain basic rights from being waived
What is strict liability? An example is acceptable
A concept that applies to intentional torts in which the plaintiff does not need to prove
liability
Ex: Tiger owner will be liable no matter how strong the cage, if the animal escapes and
attacks, liability is implied
What is Vicarious Liability?
Tort liability can apply to the employer if the employee is personally liable for the tort the
employee has committed
What is Risky/Utility Analysis?
Seeks to determine if the utility of the product design outweighs the foreseeable risks of
the design
What does the Statutory Standards and Codes include?
- Sales of Goods Act - conditions and warranties to protect the public
- Occupational health and safety - protect workers
- Standards Council of Canada
What is liability insurance?
Taken to protect the professional from the costs of negligence.
True or false: The professional employee is not covered by the employer's insurance
policy?
False, it is almost always covered by the employer's insurance policy.
What is Secondary Professional Liability Insurance program and who administers it?
Program for those individuals practicing engineering and to protect them under claims
made against them personally (not the company)
Engineers Canada administers the program
When can the secondary insurance plan be exhausted?
This primary insurance must be fully exhausted for the secondary insurance to kick in
Who is not covered under the secondary insurance plan?
Employers, principals, decision makers are not covered under this program.
What is CGL?
Commercial General Liability - Standard policy of insurance issued to businesses and
commercial organizations to insure against third party liability.
What is the amount that is covered?
$250,000 of liability coverage plus unlimited legal fees for defense claims.
What is the process for ensuring safety of design?
- Follow design codes and standards
- Be aware of safety regulations
- Make formal hazard analysis
- If cannot eliminate hazards, post warnings
What safety to follow during design process?
1. Eliminate known hazards - lawn mower blade example
2. Follow established design standards
3. Follow laws and regulations
4. Follow good engineering practice/principles
What are the 4 hazard analysis to follow when designing?
1. Identify: Problem obvious or hidden?
2. Eliminate
3. Shield: lawn mower blade example
4. Warn, Remedy, Recall: warning users of potential hazards
What is the failure analysis?
Examines the consequences if a single component of a large system should randomly
fail
What are the steps to eliminate design hazards and material flaws?
- Find & apply standards & regulations
- Conduct formal design reviews
- Carry out a formal hazard analysis
- Warn consumer and/or clients of hazards
-Prepare and distribute instruction manuals
- Use state-of-art design methods
- Maintain complete design records
What is the ISO-9000?
It is the world standard for quality management. Standards for managing manufacturing
corporation to maximize the quality of manufactured products
What is ISO-14000?
Environmental Management Standards: Maximize company's harmful effects on the
environment
What is the Occupational Health & Safety Law?
Every Canadian is entitled to a safe and healthy work environment, and that the
employer has a duty to provide it
What is the Workers Compensation Act?
Provincial legislation and is a form of no-fault insurance that ensures the employee can
gain compensation in the event of a workplace injury without having to sue the employer
Can an employee sue their employer or another employee if injured at work?
No, injured employee cannot sue as they are covered by Workers’ compensation act
regardless of fault
Who is responsible for Ontario health and safety if 2 contractors are named prime
contractor simultaneously?
employer
What are the 3 basic safety employee rights?
1. Right to know: employee must be informed of workplace hazard
2. Right to refuse dangerous work:
3. Right to participate: employees have the right to participate to make workplace safer
Who are prime contractors?
Contractors that are hired by the owner to do contract work but also have full
responsibility of workplace health and safety -> should be stated in contract
What liability does a member have for software errors per PEO Guideline?
Members are responsible for verifying results obtained by using software are accurate
and acceptable. Validation tests are essential to ensure software programs performs for
what it is required to do
What is a good practice to follow for proper software liability?
- Scope: know the limitation and accuracy of the software
- Validation: test the software (DUMMY RUNS)
- Apply engineering principles: examine and understand
What concerns should be addressed when developing engineering software?
- What is to be developed?
- Deliverables
- Scope of use of deliverables
- Representation and warranties
- Ownership
- Limitation of liability
- Contract Price
- Maintenance
What is the software test guide as per PEO?
- Software requirements review
- Software design review
- Code Review
- Unit testing
- System integration testing
- Validation testing
What are the consequences of Software Piracy?
1. Illegality
2. Unprofessional conduct
3. Breach of contract
4. No product support
5. Fines & Embarrassment if caught
True or false: Does the copyright act protect literary work (computer programs)?
True, it was amended into the copyright act and it protects computer programs
Based on previous question, what are the two exceptions to consider?
1. If a person is in lawful possession of a copy of a computer program, then it is not
considered infringement. That person can modify, adapt, or convert a reproduction of
the copy into another program to suit that person's needs
2. Person is in lawful possession of a computer program and may make a backup and is
only destroyed when owner ceases the right to the original copy
What is intellectual property?
Copyright, patents, trademarks, industrial designs, and integrated circuit designs are
considered intellectual property
What is a copyright?
Enables owners to protect written works such as literacy, artistic, dramatic, and musical
work
How long is a copyright valid for?
Valid for life of the author and 50 yrs after death
What is the assignment of copyrights?
A copyright owner transfers part of their entire copyright rights to another, this can be
registered with the copyright registrar
What is the licensing procedure for copyright?
A copyright owner allows another to use a work but still retains ownership; this can be
registered with the copyright registrar
What are patents? And how is it protected?
Protects the way something operates or is made
Protected under Canada's Patent Act
How long is a patent valid for?
20 yrs
What are the process to obtain a patent?
1. Abstract: summarize patent in concise form for publishing
2. Specification: Describe the invention and answer following 4 questions:
a: what problem does the invention solve?
b. What prior art exists, why is it inadequate to solve the problem?
c. How does the invention work?
d. How is it useful compared to prior art?
3. Claims: Which feature of invention are to be protected as your property?
4. Drawings
What is the patent criteria?
- Must be new: first in the world, original inventor, or assignee inventor
- Must be useful: function and operative, it must work
- Must show ingenuity: dont make it obvious
What is patent protection?
Allows the inventor to sue for damages in the case of infringement after the patent is
granted.
What are required for patent protection eligibility?
Same as the patent criteria: Novelty (must be new), inventiveness (not obvious), and
utility (must be useful)
After how many months can the inventor sue after filing?
18 months after filing
True or False: Patents are granted to the first inventor to file, not the first inventor
True
What is the licensing procedure for patents?
Licensing procedure should be that the license agreement is for new and existing
invention. Very important. As most new inventions are improvements of existing
inventions.
What is Convention Priority?
- A claim under the Paris Convention for the protection of intellectual property treaty that
allows the filing date of one member country to be recognized by other participating
countries if filed within one year
What are industrial designs?
Like patent and copyright but protects only aesthetic appearance
What is an example of industrial designs?
Example can vary but if the concept is similar to this example then it will do: original
sculpture is patented through copyright, but manufacturing copies will be protected from
industrial designs
How is industrial designs protected and how long?
Industrial Design Act - Designs that are ornamental or aesthetic are protected under the
Act.
Limited for 10 yrs
What is not considered an industrial design?
The functionality, mechanical construction, or method of manufacturing are not
considered industrial designs. It will be qualified under patent protection
How long after filing can you apply to paris convention?
6 months to apply after filing
What is a trademark?
Commonly used for logos, slogans, names, symbols, or designs that identify a
company's goods or services in the marketplace.
Protected under The Canadian Trademark Act.
How long is a trademark valid for?
10 yrs then renewal every 10 yrs after
What are the two types of trademarks?
Ordinary Mark: Consisting of words and/or designs and even moving images
Certification Mark: Used to identify a standard of quality (ISO 9001)
What is the procedure for licensing a trademark?
- Third parties can use trademark of another company, if the owner of the company
gives them consent
True or false: owner of the trademark only has direct control of the trademark when
licensing to third party?
False, direct and indirect control.
Is the identity of the trademark allowed to be included in packaging and advertising
when licensing?
Yes, identity of the trademark needs to be shown
Is trade used to identify a business?
No, it is used to identify a product or service.
What are Trade Secrets?
Keeping intellectual property a secret for manufacturing process/etc
What is an example of trade secrets?
Any of the following is valid: formula for chemical compound, process for manufacturing,
treat or preserving materials, or pattern for a machine
Why is there a decline in females in the engineering field?
Because more females are enrolling in other science discipline
What is a good hiring process?
- Jobs advertised widely and externally instead of internally (preventing close
relatives/friends hiring practice)
- Encouraging qualified members of underrepresented groups to apply
- Unbiased interview techniques should be used
What is Ethics?
The study of right and wrong, good and evil, obligation and rights, justice, and social
and political ideals
list the 4 ethical theories?
1. Mill's Utilitarianism
2. Kant's formalism, or duty ethics
3. Locke's Rights Ethics
4. Aristotles' Virtue Ethics
What is Mill's Utilitarianism?
Best Solutions produces maximum benefit for greatest number of people
What is an example of mill's utilitarianism?
Control over govt comes from majority of voters
income tax, without it, people would need to pay for healthcare
(any example similar to that is valid)
What are the conflicts with mill's utilitarianism?
Conflict of interest arise when evaluating the benefits and distributing them equally
Benefits must not favour special group or personal gain
What is Kant's Formalism, or Duty Ethics?
Every individual has a fundamental duty to act in a correct ethical manner. Human life
should be respected and not used to achieve some other goal
- Correct choice is one in which each person follows an ethical route
What conflict arises with kant's formalism?
What if result is harm and process is good
also telling "white" lie is not acceptable, even if the truth causes harm
What is Locke's Rights Ethics?
Every individual has rights, simply by virtue by his or her existence
- Correct choice is one that doesn't infringe on anyone's basic rights (life, human,
dignity, and liberty)
What conflict arises with locke's?
Difficult to determine if a person's right infringes on another person's rights
people also claim self-serving rights as well
What is Aristotle's Virtue?
Quality or goodness of an act, object, or person is depended on the function or goal
concerned. Creating a virtue to eliminate the problem.
What conflict arises with aristotle virtue?
Definition of virtue can be vague and difficult to apply in certain cases
What is the golden rule?
"treat others as you would like to be treated" is support by all 4 theories
What are 2 principle of justice?
- Right to be heard: Requires that a person must be informed when the person's rights
or property are in jeopardy and must be permitted to defend himself or herself (or mfing
nonbinary lmao)
- Rights to be judged by an impartial person: Ethical decisions to be based solely on the
merits of the case: Judge or decision maker must be unbiased
What is the professional engineer guidance on justice?
- Gather all information: Allow each person to state their point of view, and to challenge
statements made by others
- Act impartially & consistently: do not let personal benefit, conflict, or bias affect the
outcome
What are the Code of Ethics PrincipleS?
- Duty to Public: Protection of the public in return for self-regulation (this is the most
important)
- Duty to Employers: Employees must act fair to their employers and keep things
confidential
- Duty to Clients: Licensed engineer in private practice must treat their clients in fair
manner similar to employee-employer relationship (treat client as an employer)
- Duty to Colleagues: Licensed engineers must act with courtesy and goodwill towards
colleagues
- Duty to the Profession: Licensed engineer must maintain dignity to profession and
avoid scandalous, dishonorable, or disgraceful conduct
- Duty to Oneself: Licensed engineer must ensure that the duties of others are balanced
by the individual's own rights -> adequate payment, satisfactory work environment, etc
How does Code of Ethics govern the professional's behaviour?
- Health, Safety, and Welfare of the public is taken important
- Competence & Knowledge - refuse unfamiliar work
- Act with integrity, Honesty, Fairness & Objectivity
- Know and comply with statues, regulations, and bylaws
- Enhance honesty, dignity, reputation of the profession
What are the steps in the design process?
1. Recognize problem and gather information about it
2. Define the problem clearly
3. Alternative solution is proposed
4. Evaluate cost and benefits of alternative solution
5. Choose optimum design or repeat above steps
6. Implement best solution
What is the design process in an ethical problem?
1. Identify the problem
2. Define the ethical root of the problem
3. Generate alternative solutions
4. Evaluate alternative solutions (analysis): Do following analysis->
- Legality
- 4 ethical theories
5. Choose optimum solution or repeat above steps
6. Implement best solution
What is the proper action to over-rule advice of a professional?
- Explain the advice to employer in writing and severe consequences it has
- Aim to get any response by the employer or individual of concern as it will add
responsibility to the employer for decision making
What is the EGAD method to solve ethical dilemmas?
Ethical Issues - Identify the main ethical issues in the problem
Generate Alternatives - Fine a nice alternative solution than the one proposed in the
problem thus far
Analysis - Evaluate all solutions with respect to fairness, ethical theories, code of ethics
Decision - Choose the least negative alternative
What are the common ethical issues and dilemmas?
- Over-Ruling Technical Recommendations - formally make your recommendation know
and stand back unless illegal or unethical
- Illegal Activities - refuse the activity and provide and alternative solution
- Breaching Code of Ethics - Simple refusal and provide an alternative solution
- Conflict of Interest - announce the interests of each party and any conflicts, if blatant
then step down
What to do if the employer performs illegal or criminal activities?
- Correct the problem
- Blow the whistle
- Resign in protest
What is the most effective method of solving an employer's illegal activity?
Correcting the problem as it is an obligation under COE to inform employer of potential
consequences when over-ruled
True or False: Approaching your Association with the illegal act does not constitute
whistleblowing?
True since the information is not made public
What is Conflict of interest?
Occurs whenever an employee secretly receives a benefit or payment from more than
one person
What scenario should you always consider when evaluating conflict of interest?
Consider a professional in a small town who knows 90% of the people in the town.
Is conflict of interest deemed negative or illegal?
No, all parties can be aware of the conflict (informed consent), trust each party, and
may even take measures to protect themselves
What are the common conflicts of interest? (3 examples atleast):
- Accepting secret commissions
- Misusing the employer's facilities
- Secret employment or moonlighting: starting a private business that competes with the
company you work for
- Influence peddling: using your power to support group or political party
- Abusing confidential information
- Arranging future employment: leaving current company to join competing company
What are the moonlight criteria when it is allowed?
1. Employee doesn't compete with employer
2. Moonlighting time and effort doesn't reduce employee's workday efficiency
3. Employer is informed of the moonlighting
What is clear (or actual) conflict?
Employee getting a contract just so in return the contractor will provide employee with
personal benefits
What is potential (or latent) conflict? An example is valid as well
No conflict of interest at present, but there may exist in the future.
Ex: company donating money to someone that is likely to be elected for mayor so the
mayor can give city contracts to that company
What are the mitigation methods for conflict of interest?
- Removal - best method is to remove opposing interests
- Disclosure - ensuring all parties are away of the conflict
- Recusal - choosing not to be on the condo board in which a relative resides
- 3rd party : hiring an independent third party to make the decision
What is perceived conflict? Example works too
No conflict of interest, but observers believe that a conflict of interest exist
Ex: Running hiring process the way it should but still ending up hiring a relative
What are 6 wrongful dismissals?
1. Forced resignation
2. Demotion
3. A downward change in reporting function
4. A unilateral change in responsibilities
5. A forced transer
6. Serious misconduct of the employer toward employee
What are the conflict of interest in management?
- Policy on unsolicited gifts
- Disclosing conflicts of interest: all employees are expected to disclose any conflict of
interest that exist
What are the various management styles?
- Collegial : manager treats the team as equals
- Team Orientated
- Interactive - manager consults the team
- Responsive
- Paternal : manager is open to serious objections
- Authoritarian: Manager makes decisions and explains them
- Military: Manager instructs the team
What is the client-consultant relationship?
It is a 3 way relationship:
1. The client (owner with no technical knowledge)
2. The contractor (unlicensed professional in designing, building or development)
3. The Consultant (license engineer to look after the client in a safe and honest manner)
Does Ontario Permit advertising?
Yes, provided it is done in a professional and dignified manner
What are the criteria for advertising per PEO?
- No seal should be used in advertising
- Association's name and logo are allowed
- Acceptable only if it is factual, truth, and communicates accurate information
- Not criticize other members
-Exaggerates claims as to the performance of the project
What is short-changing?
Being cheap on professional fee will result in less skilled work from less skilled
engineers with less time put into the assignment causing the project to turn out to be
bad
What are 2 main sources of liability that must be avoided in professional private
practice?
1. Breach of Contract: Failure to complete obligations in a contract
2. Negligence: Failed to exercise duty of care in the performance of profession duties
What is supplanting?
Using derogatory comments to convince client to fire the professional and to hire the
intervenor
What reasonable care should be taken in environmental terms?
1. Knowledge of environmental law
2. Adequate technical knowledge
3. Thorough analysis: failure modes, effects analysis, event tree analysis, fault tree
analysis
4. Insistence of high ethical standards: MOST IMPORTANT
What are 3 parts of Environment Site Assessments (ESA)?
ESA Phase l: Information gathering
ESA Phase ||: If recommended in phase |: dictates sampling procedure
ESA Phase |||: If recommended in Phase ||, describes remediation (stopping
environmental damages) procedures
What is the national guideline on the environment and sustainability per PEO?
- Find and comply with environmental regulations
- Use specialists where not skilled
- Apply professional judgment
- Include costs of environment protection in evaluation
- Disclose information to protect the public
- Continually improve
What is CERES?
Coalition for Environmental Responsible Economies - An environmental guideline for
corporations arising from the Exxon Valdez disaster
What are Whistle Blowers?
People (usually employees) who believe an organization (usually the company they
work for) is engaged in unsafe, unethical, or illegal practice and go public with their
change, even after trying to have the situation corrected through internal channels
How is whistleblower different than trouble maker?
Troublemakers don't follow proper:
1. Motive of person
2. Methods used to protect the public
What identifies a good whistle blower?
A good whistle blower communicates their concern openly and does not leak
information anonymously to the public
What are the 3 things to consider for whistle blowing?
1. Informal resolution: Very important to resolve problems informally and internally, in an
open and professional manner. Clear communication is all that is required
2. Confidentiality: Do not disclose unethical cases to the media
3. Retaliation: Justified reporting should not be basis of dismissal from employer
What are two main symptoms of unsustainability?
1. Climate Change
2. Peak Oil
What is Equity?
Denotes a spirit of fairness, justness, and right dealing
Explain Theory of Precedent
Courts apply legal principles based on previous court decision that had similar court
cases
What are the three main features of the Canadian Constitution?
- Power Division
- Courts Creation
- The Charters of Rights and Freedom (individual's rights)
What are the 2 Types of Laws in Canada?
- Statues Laws (Federal & Provincial Govts enacts legislation)
- Common Laws (Judge made law)
What is a legislation?
Statutes enacted by elected legislatures.
What is a Statutes?
a written (or codification) law passed by a legislative body
What are the Charters of Rights & Freedom?
A. Freedom of conscience & religion
B. Freedom of thought, belief, opinion, and expression, including freedom of the press
and other media of communication
C. Freedom of peaceful assembly
D. Freedom of association
What are the federal & provincial courts systems?
1. Supreme Court of Canada (highest)
2. Court of Appeal
a. Superior Courts of Justice
i. Large claims & criminal matters (federal)
b. The Ontario Court of Justice
i. Domestic Matters & Criminal Matters (provincial)
What is Public law? With example
Deals with rights and obligations of govt on one hand and individual/private organization
on the other
Ex. Criminal Law & Constitution Law
What is Private law? With example
Deals with rights and obligation of individuals or private organizations
Ex. Torts & Contracts
Answer the follow definitions for each terms:
Litigation:
Plaintiff:
Defendant:
Appellant:
Respondent:
Privity of Contract:
Creditor:
Debtor:
Indemnification:
1. A Lawsuit
2. Party bringing in the action or making the claim in the lawsuit
3. Party defending the action or party against whom claim has been made
4. Party appealing the decision of a lower court
5. Party seeking to uphold a decision of the lower court that is being appealed
6. Legal relationship b/w parties to a contract
7. Party to whom an amount is owing
8. Party that owes money to a creditor
9. A promise to directly compensate or reimburse another party for a loss or cost
incurred-> a legal way of getting someone to pay for the damages
What is the corruption of foreign public official act?
Prohibits bribes by Canadian Individuals or Companies or other agents to foreign public
officials
What is mediation?
Means of attempting to resolve a dispute through negotiation using a neutral third party
Can a mediator issue a binding decision when dispute has been resolved?
No.
What can mediators do that arbitrators cannot do?
Meet with parties individually to discuss the dispute
What is DRB?
Dispute Resolution Boards: A form of project-based dispute resolution that has been
increasingly successfully implemented on domestic and international projects
What are the advantages of DRBs as suppose to regular litigation?
- DRB recommends early solutions to disputes that arise on projects
- Procedure is less formal and less time consuming as suppose to a court base dispute
- Disputes are made by third-party members who are familiar with the project
What is the difference between common law and civil law?
Common law uses a precedent system where as civil law uses application of civil code
provisions
What is ADR?
Alternative Dispute Resolution: Disputes over a contract that are kept out of the court
system by using mediators or arbitrators to work toward a resolution
Where are ADRs most used?
Contractual issues that are minor breaches in code of ethics
What is Arbitration?
Dispute resolution method held outside of court. Third party arbitrators hear the case
from both parties before making a decision
Are decisions made by arbitration binding?
Yes, it is binding.
List 4 methods of dispute resolution:
1. Negotation (voluntary)
2. Litigation (voluntary)
3. Mediation (voluntary)
4. Alternative Dispute resolution methods (ADRs) such as Arbitration (often voluntary)
What are pleadings? With examples (3 is good)
Formal documents filed with the court in a lawsuit such as:
- Statements
- Replies
- Demands
- Motions
- Interrogatories
What is examination of discovery?
Oral examination of the opposing party prior to trial
What is interrogatories?
Written questions of the opposing party, prior to trial
What is discovery of Documents
Identifying documents by both parties, prior to trial
What is privileged negotiation principle?
All the information discussed in the negotiation process is considered privileged, thus if
negotiation fails the information cannot be used as evidence. Note, the same rule
applies to mediation
What is concurrent liability in tort and contract?
When it is possible for tort liability and liability for breach of contract to occur
What is concurrent tortfeasors?
It is possible for more than one party to be liable in such a tort action. The defendants
are said to be concurrent tortfeasor
What is defamation?
-Libel = written lies
-slander = stated or oral/spoken lies
What is occupier's liability?
The occupier of property must provide a standard of care to ensure the safety of
individuals coming onto that property
What is nuisance?
Allows the comfort of land
What is limitation periods and who does it apply to?
Tort actions and actions for breach of contract must be commenced within a prescribed
time period. It applies to businesses
What is discoverability?
In Ontario, the commencement limitation period is 2 years after action has been
discovered
What did the 2006 amendments act do to limitation periods?
An act that allows business parties to shorten or expend the 2 yr limitation period,
subject to certain restrictions
What is ultimate limitation period?
This is only true if the case occurred a long time ago and was discovered recently. 15
yrs is the maximum period.
What is Statute-Barred?
A tort action that has not been commenced within the prescribed limitation period
What are 5 conditions for a contract to be binding and enforceable?
1. An offer made and accepted
2. Mutual intent to enter the contract
3. Consideration (promise of value exchange)
4. Capacity of Contract
5. Lawful Purpose
What are the contracts that are voided?
- mistake (must be mutual)
- Misrepresentation (false statement)
- Duress (threats)
- Unconscious (extremely unfair)
- Frustration (impossibility due to unforeseen event)
What is mispresentation?
An untrue statement of fact or law made by a party which induces another party to enter
a contract, thereby causing a loss
What is unconscionability?
Generally defined as taking undue advantage of an equality in bargaining power
Does unconscious void the contract completely?
No, only the unconscionable portion will be voided and other parts will stand
When can unconscionability not apply?
If party cannot uphold the agreement at a later date
What are the 3 forms of mispresentation?
1. Innocent
2. Negligent
3. Fraudulent
What is Force Majuere?
Provides relief within contracts in case events that each party agrees to is beyond their
control.
Ex. Acts of God - storms, fires, transport delays, labor disputes
What is an employment contract?
Contract of Employment have the basic contract criteria: Offer, acceptance, mutual
intent, consideration, etc
What is mutual intent?
All contract document should be specified by the engineer between the parties on all
essential terms
What is letters of intent?
A document stating the intentions of two or more parties to do business together
True or false: Letters of intent are an enforceable contract.
False, they are not enforceable, it basically allows parties to continue to negotiate in
good faith
Can letter of intent be a binding contract?
Yes, courts will often view the letter of intent as a binding contract if not replaced with a
formal contract.
What are Minors?
For a contract to be binding and enforceable, all parties must have the necessary
capacity to enter into a contract
When can a contract be UNenforceable by a minor
A contract can be enforceable by a minor but unenforceable by the other party
Unless:
A contract concerned something that was necessary to the minor (food, clothes, etc)
Contract is ratified because minor reach the age of majority (18+)
What is mental incompetence?
If a mentally incompetent person or intoxicated person enters a contract then the
contract is unenforceable by the opposing party
What prove needs to be provided for mental incompetence to be unenforceable by the
opposing party
There needs to be prove that the opposing party appreciated that the individual was
intoxicated
What is corporations in terms of contract capacity?
If it is clearly beyond the power of the corporation to enter into the contract, the contract
will not be enforceable
When should engineers provide for corporation capacity?
engineers need to make sure that it is within the powers of the contracting corporation
to carry out the obligations described in the contract
When can a corporation party without capacity be enforceable?
When there was awareness of the incapacity and the incapacitated party argues their
point in a reasonable time
What are relevant types of contracts to engineers that must be enforceable in writing?
1. Agreements relating to ownership interests and leasehold interests in land
2. A contract of guarantee must also be in writing in order to be enforceable
What is the difference between indemnification and contract of guarantee?
Indemnification is a legal process for a party to compensate for the damages. The
contract of guarantee is similar, but it must be in writing for it to be enforceable
What is the statute of frauds?
It sets out rules that require certain contracts to be in writing.
What is a test for a fraudulent misrepresentation?
When it is made:
- Knowingly
- Without belief in truth
- Recklessly or Careless
What is deprivation of Statute of frauds?
Developed to prevent property interests being lost through fraud by verbal agreement
What is rectification or "Order of Rectification"?
When a contract has an inaccurate agreement in a written contract. Often called a
"common agreement"
Are rectification contracts fixable?
Yes, mistake can usually be fixed by applying through court and both parties believe the
same misunderstanding/mistake about the contract
What is a unilateral mistake?
A mistake made by only one party to a contract
- Contract will still be valid unless the opposing party is also aware of the mistake
What is contract A?
During the tendering process, if a contractor wants to submit a bid, then they do it
through a contract called Contract A
What is contract b?
If the owner accepts the bid, then a new contract needs to be signed (this is the real bid
contract)
What is the advantage and purpose of Contract A?
- Gives bidder certain rights in the tender process
-Contract A prevents bidders from seeking damages if contract gets breached since
Contract A is not an official contract, it is an acceptance to bid contract
What is best practice for owners when doing a large scope change in a tender
document?
It is best for the owner to reject all bids and start over with a new scope to avoid bidders
breaching contracts
What is liberal interpretation/approach?
Considers the intention for the parties but to an extend may lead to too much
speculation on that intent
What is strict approach?
Focuses on precise words in the agreement and at times may look at dictionary
meaning
What is contra proferentem?
If a contract is ambiguous then the interpretation of the contract will be used against the
party that drafted the provision
What is Agency & Authority?
The agent (engineer) is typically given authority by the principle (owner) to guide 3rd
parties (contractor).
- authority is implied but given through contract and more specifically in a CCDC 2
contract in the construction world
What is indemnity?
Often termed a hold harmless agreement in which one party agrees to bear the financial
loss or damages for another party.
What is an example of indemnity?
A common form of this agreement is an insurance policy.
This is often done by a principle to make the contractor liable for claims made by a 3rd
party
What is parol evidence rule?
A law that prevents evidence if the contract does not include certain written terms.
Usually occurs when there is a verbal agreement, and it is not written in the contract
Can parol evidence rule always be valid?
No, there can be exceptions. Occasionally courts will consider oral evidence when the
contract is condition to a certain event occurring (Pym v. Campbell care for example)
What are implied terms?
Courts will imply terms into a contract if reasonable to do so such as:
- Duty of Fidelity: being loyal to employer
- Duty of competence
- Termination Notice & Severance
What is breach of contract?
If a party fails to meet the obligations specified in the contract, then the defaulting party
has breached (terminated) the contract
What are the 4 types of breach of contract?
1. Inability (cannot perform duties)
2. Inadvertence (does not want to perform duties)
3. Disagreement (such as scope of contract)
4. Lack of Profit (more $$ to do work than to breach contract)
What is repudiation?
When a party lets the other party know that he or she has no intention of performing the
obligations in the contract. Therefore, rejecting the contract.
What is Quantum Meruit Remedy?
If a contract has been discharged then the defaulting party must pay reasonable
compensation for the work or loss incurred
What is estoppel?
A right in a contract occurs when a party no longer enforces a term of that contract.
After a reasonable amount of time, that term is then deemed waived and becomes
estoppel, as the new term is enforceable
What is an example of estoppel?
A landlord accepts rent payment on the 3rd of the month even though the contract term
agreed on 1st of the month. After a reasonable amount of time, the landlord will not be
able to enforce a payment on the 1st of the month without sufficient notice and perhaps
not even then.
What is direct damages?
When the damages have not cost the owner significant profit loss or consequences
What is indirect damages?
When the damage has cost the owner "lost profits" due to not meeting obligations in the
contract, often referred to as "consequential damages"
What is liquidated damages?
Damages estimated into original contract prior to construction/occurrence of breaches
What are the 3 concepts to determine damages?
- Duty to mitigate - behaving in a reasonable manner when taking steps to reduce the
number of damages suffered
- No speculation - loss due to profit must be proven
- Remoteness: Not liable for damages too far removed
What are the less common remedies for breach of contract?
- Specific performance: When damages for breach of contract is clearly not an adequate
remedy. Therefore, the damaging party would need to compensate by selling land to the
damaged party
- Injunction: Court order that prohibits or restrains the performance of an act such as
breach of contract
- Declaratory Order
What are the ways to end or discharge a contract?
- Performance (carry rest of the obligations)
- Mutually agree
- Express terms
What are examples of express terms?
- Repudiation
- Anticipatory breach: notice of intentions to breach
- Termination clause - sets agree-upon terms and details payment
- Breach
What is the agreement b/w client and a p.eng?
It must include all essential contract elements by following the agency relationship
where client is principal and engineer is agent (remember agent & authorities)
What is performance bond?
Provides a contractual basis to which owner can look to a surety company if contractor
fails to perform or claim bankruptcy
What is labour & material payment bonds?
Owner will need to pay subcontractor and material supplier if contractor fails to pay
What are the factors identified as among the leading causes of disputes? list 4
1. Aggressive contracting approach to shift risks b/w project participants
2. Ambiguities in contract documents
3. Insufficient financing
4. Poor communication
5. Inadequate contractor management and coordination
6. Inability to deal with changes in unexpected conditions
7. Litigious mind-sets
8. Lack of willingness from contract admins to make decisions to resolve problems
9. Lack of team spirit amongst project participants
What is expert witness?
Provides an expert opinion to some sort of government or judicial body
- Expert witness must remain non-biased and impartial
What is Letter of Assurance?
A legal accountability document, issued by an architect or engineer to identify
responsibilities of key players in a construction project.
When can letter of assurance be valid?
At the permit stage or when the building is finished and before occupancy is approved.
What is design build delivery method?
A method to deliver a project in which the design and construction services are
contracted by a single entity.
Who does design build delivery method not benefit?
Smaller firms may not always have the design capabilities and so this model prevents
them from bidding on this style of project.
What is the basic builder's risk policy?
Covers the cost of repairing an unfinished structure or replacing building materials when
weather, fire, vandalism, or theft hits a construction site
What is construction lien (or builder's lien)?
Claim against the property that work was performed on or the material supplied to
How is construction lien mandated?
Mandated by legislation and often called Statutory Holdback
What happens if previous owner chooses not to pay lien when selling the property?
New owner will be responsible for lien or owned monies. Always remember to do lien
search before buying
What is the purpose of a construction lien?
- To ensure payment for services or product
- To enable credit and trust within the credit system
What is a bid bond?
A bond that protects the owner from the contractor canceling their work
What is lien bond?
Owner will supply a lien bond, which replaces the property as security for a lien
What is lien rights?
Lien must be registered within a certain period of time upon completion of the prime
contract
What is an example of lien rights?
The crew that contracts to begin cleaning the construction site after the build is
complete does not have lien rights
What is the competition act?
A federal statue designed to maintain and encourage business competition in Canada,
and promote Canadian economy efficiency, and expand opportunities for Canadian
participation in world markets
What is a common conviction in the competition act?
Misleading advertising
What is misleading advertisement?
Section 52 in the Act that prohibits misleading advertisements that is conducted
knowingly or recklessly
What is bid-rigging?
Big-Rigging means when the party that is bidding shows no sign of agreement or
arrangement to the bidder that is requested for the bid or tenders at or before the
bidding deadling
What should associations avoid when competing with other businesses or industries?
Avoid any activities (such as an agreement to refuse to deal) that would lessen
competition unduly thus not restricting any person from entering a particular business or
industry
When is a trademark registrable?
It is only registrable if:
1. Word not used of someone living or has died in the last 30 years
2. Pronunciation is clear and descriptive in english or french
3. Name of the trademark has not been used or proposed to be used
4. Not confusing with an existing registered trademark
What is Human Rights?
Provincial legislation are very universal and typical involves discrimination such as:
- Prohibited to discriminate by age, race, religion
What area do engineers mostly encounter Ontario Human Rights Code?
In the area of employment.
What is PEO's stance in relation to the Ontario Human Rights Code?
All members have a professional responsibility to respect the human rights of others
and will hear complaints against members.
Can violation of Ontario Human Rights code result in disciplinary action?
Yes as it under regulation 941/90 section 72 (professional misconduct)
True or false: Is discriminating someone's physical ability in a physically demanding
employment violate human rights?
No, this is one of the many exception of discrimination because physically demanding
employments like firefighters are done by someone with a good physical ability.
What is sexual harassment?
Also, a human right. Employer must take immediate steps to correct harassment
otherwise risking vicarious liability
What is privacy legislation?
Governs the collection, use, and release of your personal information but does not
govern the personal information of corporations (legally defined person)
How is the privacy legislation governed?
Privacy legislation involves both provincial legislation and federal legislation.
What is the federal legislation for privacy legislation?
It is protected by the Personal Information Protection & Electronic Document Act
(PIPEDA)
What is an example of privacy legislation?
Workplace cameras being allowed as this expectation of privacy does not exist in the
work environment. Except for workplace bathroom being an exception of course.
How is the labor law governed and what does it involve?
It is mostly governed by the provincial legislation and involves;
1. The union-management relationship
2. The union-employee relationship
What are the criteria to follow for professional attitude?
- Time Management: A professional is effective with time
- Accuracy: work must be double checked
- Clarity: Clear & concise communication
- Courtesy: Positive and constructive conduct
- Challenges: accept new challenges to develop skills & knowledge
Who is not involved in the risk management process?
Consultant is not involved but must be aware of the risk in the contract
What is the purpose of risk management?
Minimizing the impact that unforeseen events might have on a project

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