Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

NPPE Exam > Law for Professional Practice > Flashcards

Law for Professional Practice Flashcards

1
Q

This is made up of various portions of the British and Canadian Parliaments

A

Canadian Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Canadian Constitution includes 3 main features:

A
  • Power division
  • Courts creation
  • The Charter of Rights and Freedoms (individual’s rights)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

There are 2 types of laws in Canada:

A
  • Statute Laws (Federal & Provincial Governments enacts Legislation)
  • Common Laws (Judge made law)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define: Theory of Precedent

A

Common laws are termed “judge made” laws since the courts apply legal principles established in previous court decisions that involved similar or analogous fact situations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define: Plaintiff

A

the party making the claim or the crown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define: Defendant

A

the party defending against the claim or the accused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Courts from top to bottom (provincial)

A 
Supreme court of Canada
Provincial Courts of Appeal
Provincial/Territorial Superior Courts
Provincial Courts
Provincial Administrative Tribunals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Courts from top to bottom (federal)

A

Supreme Court of Canada
Federal Court of Appeal
Federal Court
Federal Administrative Tribunals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Contracts can be oral, written or any combination thereof. The 5 elements of a Contract (aka Agreement) are:

A
  • Offer made and accepted
  • Mutual Intent (to enter the contract)
  • Consideration (promise of value exchanged)
  • Capacity (no drunks, no lunatics, must be legal age)
  • Lawful Purpose (no drugs)

These elements must be present for the contract to be enforceable in the legal system.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A contract is not enforceable for one party contracting with another that does not have capacity. However, for the party without capacity, the contract may still be enforceable if:

A
  • There was awareness of the incapacity

* The incapacitated party (repudiates) argues in a reasonable time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why are NDA’s rarely enforced for non-compete employment contracts for engineers?

A

An engineer or geoscientist is often asked to sign a noncompete agreement in which they will not compete with the former employer for a period of time. It is unlawful to restrict a person’s ability to earn a living and these contracts are rarely enforced unless very reasonable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

This is a common agreement that does not contain all the elements of a contract and is therefore not enforceable.

A

Letter of Intent.

However, is does help communicate the seriousness of each party simply by participating in the agreement and it also often helps map the terms for negotiation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The courts void contracts only in rare cases such as:

A
  • Mistake (must be: mutual, non-trivial, prior to agreement)
  • Misrepresentation (false statement or assertion of fact)
  • Duress (threats or actual violence/imprisonment)
  • Unconscious (extremely unfair or oppressive)
  • Frustration (impossibility due to unforeseen event, e.g.: war, floods, riots)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define: Force Majeure

A

Force Majeure is a very common clause within contracts that provides relief for events that each party agrees is beyond their control. This list of events is comprised of “Acts of God” (severe storms, etc.), fires, transport delays and even labor disputes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The test for a fraudulent misrepresentation is a statement made: (3 things)

A
  • Knowingly
  • Without belief in truth
  • Recklessly or careless!
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define: Estoppel of a right in a contract

A

Estoppel of 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.

A great example of this is a landlord accepting rent payment on the 3rd of the month rather than by the terms of the agreement that state the 1st of the month. After a reasonable amount of time the landlord will not be able to enforce payment on the 1st of the month without sufficient notice and perhaps not even then.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define: Quantum Meruit

A

Quantum Meruit (the amount it is worth) is a legal term used to define payment of “fair market value” or a “fair and equitable amount”. Quantum Meruit is a legal principle that applies when no legal contract is in place and a party must be compensated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Define: Breach of Contract

A

If a party fails to hold up their “end of the deal” (aka fails to perform obligations specified in the contract) then there has been a breach of contract and damages may be awarded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The 4 types of breach of contract are:

A
  • Inability (cannot perform duties, e.g. no money)
  • Inadvertence (does not want to perform duties)
  • Disagreement (such as scope of contract)
  • Lack of Profit (more $$ to do work than to breach contract)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

If you perform work that you believe is outside of the scope, you must provide this in order to have hope of recovering the money for your work.

A

Notice of Protest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

This is the most common remedy to a breached contract

A

Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Less common remedies to breached contract are: (3 things)

A
  • Specific performance (court order to carry out part of the contract)
  • Injunction (prohibiting court order from breaching)
  • Declaratory Order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

The determination of damages is subject to three concepts:

A
  • Mitigation (suffering party must reasonably mitigate damage)
  • No Speculation (loss due to profit must be proven)
  • Remoteness (not liable for damages too far removed, e.g. delayed item causing bankruptcy)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The 4 ways to end or discharge a contract are:

A

• Performance (carry out obligations & warranties expire, most common)
• Mutually Agree
• Express Term
o Repudiation (notice by words or conduct of no intention to perform)
o Anticipatory Beach (notice of intention to breach)
o Termination Clause (sets agreed upon terms and details payment)
• Breach
o Fundamental breach is major and stops the contract
o Simply breach does not stop the contract typically

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Define: Contract Intent vs. Literal Interpretation

A

the intent of the contract always wins as the mutual intent is of prime importance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Define: Contra Proferentem

A

if a contract is not clear (ambiguous) the interpretation that favors the party that did not write the contract is chosen.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Define: Agency & Authority

A

the Agent (engineer) is typically given authority by the Principle (owner) to guide 3rd Parties (contractor). This authority can be implied but is typically given by means of a contract and in the construction world this is termed a CCDC 2 Contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Define: Indemnity

A

is often termed a hold harmless agreement in which one party agrees to bear the financial loss, or damages for another party. A common form of this agreement is insurance policy. This is often done by a principle to make the contractor liable for claims by a third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Define: Paral Evidence Rule

A

is a law rule that assumes that prior evidence (that
contradicts) that is not included in the contract has been omitted for a reason and is therefore prohibited. If they wish to include other information they must amend the contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

This refers to a breach of the duty to care, termed negligence, resulting in injury or loss

A

Tort.

A tort doesn’t need to involve a contract! And therefore implies a certain liability or duty for care.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

The fundamental purpose of tort law

A

To compensate victims and not to punish the negligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

“concurrent liability in tort and contract” is when:

A

tort liability and liability for breach of contract both occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

In order to satisfy the court that compensation should be awarded, the plaintiff in a tort action must substantiate that all four criteria apply:

A
  • The defendant owed the plaintiff a duty of care.
  • The defendant breached that duty by his or her conduct; and
  • The defendant’s conduct caused the injury (loss or damage) to the plaintiff
  • The defendant’s breach was the proximate cause (sufficiently related).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

3 types of intentional torts

A

Fraud
Trespass
Defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

2 types of unintentional torts

A

Negligence

Negligent misrepresentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is strict liability

A

Strict Liability is a concept that applies to intentional torts in which the plaintiff does not need to prove liability. For example, a tiger owner will be liable no
matter how strong the cage, if the animal escapes and attacks – liability is implied. Another example is the landowner who doesn’t need to prove someone
entered his land negligently. All the proof required is that person entered his land – liability is implied.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Misrepresentation in tort law comes in three forms:

A
  • Innocent misrepresentation
  • Negligent misrepresentation
  • Fraudulent misrepresentation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define: Innocent misrepresentation in tort law

A

o Untrue fact
o Not known untrue
o Causing loss due to a false statement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define: Negligent misrepresentation in tort law

A

o Untrue fact
o Known to be untrue
o Causing loss due to a false statement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Define: Fraudulent misrepresentation in tort law

A

o Untrue fact
o Known to be untrue
o With intent to deceive
o Causing loss due to a false statement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Define: Vicarious Liability (torts)

A

Tort liability can apply vicariously to the employer, and the employee will also be personally liable for the tort the employee has committed. To protect its employee engineers, therefore, a corporation providing engineering services should ensure that its professional liability insurance policy extends to cover the liability of both the corporation and its employee engineers.

42
Q

Define: Concurrent Tortfeasors (torts)

A

It is possible for more than one party to be liable in

such a tort action. The defendants are said to be concurrent tortfeasor.

43
Q

Define: Limitation Period (torts)

A

Limitation statutes of the common-law provinces generally state that tort actions and actions for breach of contract must be commenced within prescribed time periods after the time the cause of action “arose”. It should be noted that the courts could extend the limitation period as per the Professional Engineers Act.

44
Q

Other relevant torts

A
  • Defamation: libel (writing) and slander (verbal); if true then no liability.
  • Occupier’s liability: The occupier of property must provide a standard of care to ensure the safety of individuals coming onto that property.
  • Nuisance: allows the comfort of land
45
Q

How does Quebec’s legal system differ from the rest of the provinces?

A

Most of the provinces and territories have a statute law system (legislation etc.) and common law system (judge made law), which traces its roots to England.
However, Quebec has a civil law system that traces its roots to the Napoleonic Code of France and is a statute law system.
Quebec does not have a common law system; however, certain Canadian common laws still apply such as: criminal law, patent law and some federal laws.

46
Q

There are 3 basic forms of businesses:

A

• Sole proprietorships (one person)
• Partnerships (2+ persons)
• Corporations (separate entity distinct from shareholder owners)
NOTE – a Joint Venture is essentially a partnership on one project.

47
Q

Advantages and disadvantages of:

Sole proprietorship

A 
Advantages:
• Low startup cost
• Minimum rules
• Direct control
• Tax advantages
• Profits to owner

Disadvantages:
• Unlimited liability
• Survivor dependent
• Hard raising $$

48
Q

Advantages and disadvantages of:

Partnership

A

Advantages:
• Same as above
• Not dependent on one person

Disadvantages:
• Unlimited liability
• Divided authority
• Hard raising \$\$
• Partner conflict
49
Q

Advantages and disadvantages of:

Corporation

A 
Advantages:
• Limited liability
• Specialized Management
• Transferable Ownership
• Separate Legal Entity
• Tax Advantages
• Easier to raise \$\$
Disadvantages:
• Strictly regulated
• Significant reporting requirements
• Expensive to form
• Shareholder and executive conflict possibilities
50
Q

In Employment Law, three implied terms are:

A
  • Duty of Fidelity – loyalty to the employer (confidential info such as business processes, client lists and non-competing or restrictive covenants)
  • Duty of Competence
  • Termination Notice & Severance – reasonable notice and severance pay apply in cases where employment is terminated without cause.
51
Q

Restrictive covenants such as non-compete agreements must be:

A

Reasonable and not restrict one’s ability to earn a
living. For example, restricting a mining engineer from practicing mining engineering in Canada for 20 years is NOT reasonable.

52
Q

Labor law applies to what kinds of relationships, and how is it governed?

A

Labor law involves the union–management relationship, the union-employee relationship and is mostly governed by provincial legislation.

53
Q

Four methods of dispute resolution

A
  • Negotiation (voluntary)
  • Litigation (non voluntary)
  • Mediation (voluntary)
  • And ADR’s such as Arbitration (often voluntary)
54
Q

Define: Arbitration

A

Arbitration is very similar to litigation; however, it is done privately or without a judge or court system. Regardless the arbitration process echoes the court system and involves an arbitrator who acts like a judge to settle the dispute. The contracting parties, most often in the form of an arbitration clause, often set out the rules of the arbitration process at the contract phase.

Often Arbitration is cheaper, quicker, and private (think trade secrets) when compared against litigation. Thus it is very well suited to parties in which a relationship will continue.

55
Q

Other alternative dispute resolution methods include:

A

mini-trials or settlement conferences that involve a non-binding method of getting both parties in front of a judge to clarify legal positions without the expense of court.

56
Q

Define: Pleadings

A 
Pleadings – formal documents filed with the court in a lawsuit such as:
o Statements
o Replies
o Demands
o Motions
o Interrogatories
57
Q

Define: Examination for Discovery

A

Oral examination of the opposing party prior to trial

58
Q

Define: Interrogatories

A

Written questions of the opposing party, prior to trial

59
Q

Define: Discovery of Documents

A

Identifying documents by both parties prior to trial

60
Q

Define: Privileged Negotiation Principle

A

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.

61
Q

Who handles patents in Canada?

A

The Canadian Intellectual Property Office (CIPO)

62
Q

What is a patent

A

A Patent is a right, granted by government, to exclude others from making, using, or selling your invention in Canada for a period of 20 years.
NOTE - In consideration for protection the inventor provides a full description of the invention

63
Q

What are some types of patents

A 
Process inventions
Machine inventions
Manufacturing inventions
Composition of matter
Any new and useful improvement of an existing invention
64
Q

Patents must meet the following criteria (3 things)

A
  • Must be new (first in the world, original inventor or assignee inventor)
  • Must be useful (functional and operative, it must work)
  • Must show ingenuity and not be obvious
65
Q

If a patent is an improvement on an existing patent invention, how may the original patent be used?

A

License agreement

90% of patents are improvements on existing
patent inventions. However, the original patent may still be in force and using it may be infringing. Therefore one often grants a license agreement
to use the original patent.

66
Q

The 4 components of a patent are:

A

• Abstract
• Specification – answers four main questions:
o What does the invention solve?
o What prior art exists and why is it inadequate?
o How does the invention work?
o Is the invention new, useful, and ingenious?
• Claims
• Drawings

67
Q

Define: Patent Protection

A

Allows the inventor to sue for damages in the case of infringement after the patent is granted. In addition, the inventor is able to sue for damages incurred between the date the application was made public (18 months after filing) and the patent grant date. Patent Pending is not required; however, misrepresenting as Patent Pending is illegal.

68
Q

Define: Convention Priority (patents)

A

A claim under the Paris Convention for the Protection of Industrial Property treaty that allows the filing date of one member country to be recognized by other participating countries if filed within one year.

69
Q

Define: Patent Cooperation Treaty

A

Gives a standardized filing procedure shared by CAN, US, Japan, and most of the EU and up to 142 countries with a single application filed in CAN.

70
Q

What is a Trademark

A

Trade-marks are word(s), symbols, a design or any combination of these used to distinguish goods or services.

71
Q

3 types of Trademarks include:

A
  • Ordinary Mark - consisting of words and/or designs
  • Certification Mark - used to identify a standard of quality (ISO 9001)
  • Distinguishing Guise - consisting of shaping of goods or packaging
72
Q

Can a Trade Name be registered as a Trademark?

A

A Trade Name is a business’s name and can be
registered as a TM only if it is used as a TM also. For example the products must be associated with the goods and not another name. It must be ABC’s ice cream if the business’s name is ABC and cannot be
North Pole ice cream even though the company is still ABC. In other words the TM associated with products may be used as a business name.

73
Q

How long do Trademarks give exclusive protection for in Canada?

A

Registration of a TM gives exclusive protection in CAN for 15 years, then renewable every 15 years after. However, using a mark for a certain length of time can establish ownership via common law in CAN. Therefore one must search for TMs and trade names also before registering a TM as that party with the trade name can claim prior use.
If you do not use a TM for an extended period the TM may be removed from the Register of TMs.

74
Q

What symbol is used to indicate Trademarks in Canada?

A

The Canadian Trade-Mark Act does not require any sort of the commonly used indicators such as: R, TM, SM, MC

75
Q

Define: Copyright

A

Copyright is the sole right to produce, reproduce, or publish a work or any substantial part of it in any form. The Copyright Act protects valuable creations by prohibiting others from copying Copyrighted work without permission.

76
Q

Copyright gives protection for all original:

A

Works:
• Literary (book, computer programs, text)!
• Drama (films, plays, scripts)
• Artistic (paintings, sketches)
• Music (compositions with or without words)

Other Subject Matter:
• Performances of work (whether or not the work was C or not)
• Sound recordings (excludes film sounds)
• Communication signals (for public)

77
Q

How long does a Copyright last?

A

A copyright for a Work lasts generally the life of the author – or last living author in the case of joint - plus the rest of that year, and another 50 years after the
year-end. Copyrights for Other Subject Matter or mechanically/electronically copies are good for 50 years.

78
Q

How does Crown Copyright work?

A

A Crown Copyright involves government publications and last 50 years from the year-end of publication. However, laws, decision and court documents may be
used without payment or permission as long as not represented as official versions.

79
Q

Does Copyrighted content need to be created in Canada?

A

The creator of the Copyrighted work or subject matter does not have to create in Canada but be a citizen of Canada or a partnered country. These differ as the subject matters differ but some include treaty countries as defined by: the Berne Convention, Universal Copyright Convention, Rome Convention or WTO country.

80
Q

Do Copyrights have to be registered?

A

The creator does not necessarily have to register
the Copyright; however, is does provide evidence that the Copyright exists and who the owner is. Also a Copyright symbol is not mandatory in CAN but often utilized.

81
Q

The Copyright Act was recently amended to include “literary work” which includes computer programs. Two exceptions apply:

A
  • One is allowed to modify a program or include it in other programs if its only for their needs, no more than one modified copy and its destroyed when original software license is expired
  • One is allowed to make a single back up of the licensed or modified software.
82
Q

With regards to Copyright, what is “Assignment”?

A

a Copyright owner transfers part or their entire Copyright rights to another; this can be registered with the Copyright Registrar.

83
Q

With regards to Copyright, what is “License”?

A

a Copyright owner allows another to use a work but still retains ownership; this can be registered with the Copyright Registrar.

84
Q

What are Industrial Designs?

A

Industrial Designs are visual features of shape, pattern, configuration or ornament (or any combination of these features) applied to a manufactured article. They must have features that appeal to the eye and must be original.
It is not necessary to register an Industrial Design; however, registration protects the exclusivity rights (make, import, rent or sell the design in Canada) to the
Industrial Design for up to 10 years from the registration date. Note: unless you register you cannot make a legal claim of ownership. Also note that after 5 years a maintenance fee will be required.

85
Q

What is the time limit for registering an industrial design?

A

If an Industrial Design has not been published (never public, or for sales or used) there is of course no time limit to register. However, if the Industrial Design has been made public a time limit of 1 year from publication exists.

86
Q

With regards to Industrial Designs, what is “Convention Priority”?

A

Convention Priority is a protocol that applies in CAN and other countries that are a part of the Paris Convention. It gives the applicant 6 months from filing
date to file in other countries and the original filing date will be recognized.

87
Q

Can an expert witness be paid?

A

An expert witness provides an expert opinion to some sort of government or judicial body. Even if one party is paying for the expert opinion, the expert witness must remain impartial and non-biased.
There is a high potential for an ethical dilemma or conflict of interest.
An expert witness should not be paid based on the
outcome of a case but should be paid a fee regardless of the outcome due to the need to remain impartial.

88
Q

What is a Construction Lien and what is it’s purpose?

A

A construction lien or builder’s lien is a claim against the property that work was performed on or the material supplied to – a key word is improvement to the property. Construction liens are mandated by legislation and must be registered against the property; typically with the land registry office.

The purpose of a construction lien is:
• To ensure payment for services or product
• To enable credit

89
Q

If a property is sold, what happens to a lien?

A

If the owner chooses not to pay and sell the property, then the new owner is responsible for the owed monies or lien. Thus it is common practice for a new potential buy to perform a lien search. Often the potential buy states all liens must be satisfied prior to purchase.
Often an owner will supply a lien bond, which replaces the property as security for a lien.

Until a lien is proven in court (perfecting the lien) it is only registered and not necessarily legitimate. Often contractors will register a lien in conjunction with issuing credit, and remove the lien once paid in full.

90
Q

Can construction liens be registered after construction is complete?

A

Liens must be registered within a certain period of
time upon completion of the prime contact. Thus the crew that contracts to begin cleaning the construction site after the build is complete does not have lien rights.

91
Q

What takes precedence, provincial/municipal legislation or international agreements/treaties?

A

International agreements and treaties take precedence over provincial or municipal legislation. For example, if an international treaty states only international companies can bid on project A in the province. However, the province states only domestic companies can bid on project A. The international treaty takes precedence and only international treaties will be allowed to bid.

Note that although international agreements take precedence, one still needs to adhere to the provincial rules and regulations. For example, NAFTA allows engineers to work across borders; however, a Canadian engineer, working in Texas, must be licensed by the local Board or Association.

92
Q

Environment Site Assessments (ESA) are to be performed in accordance with the Canadian Standards Association (CSA) and consist of three parts:

A
  • ESA Phase I – information gathering such as title searches, etc.
  • ESA Phase II – if recommended in Phase I, dictates sampling procedures
  • ESA Phase III – if recommended in Phase II, describes remediation procedures
93
Q

Why are Environmental Audits performed?

A

Environmental Audits are typically performed to fulfill statutory obligations or legislation. They often provide defense against environmental claims and help an organization understand their environmental footprint or position.

94
Q

What is the Workers Compensation Act

A

The Workers Compensation Act is provincial legislation and is a form of no-fault insurance that ensures the employee compensation in the event of a workplace injury without having to sue the employer.
No-fault simple means that the cause of the incident has no bearing on whether the employee is given compensation, even if the employees fault.
The Act authorizes the Workers Compensation Board (WCB) to collect funds from employers as a function of payroll, safety record, etc. In return employers are given a form of protection from employee lawsuits.

95
Q

Who can an employee sue in the event of an accident?

A

There will be a question on the exam related to
an employee injured while working – typically the facts involve driving. A number of facts will be presented and the question of who can the employee sue will be asked. Recall that if the incident during occurs when working then that person cannot sue the employer, another employer or an employee. She is however, covered by the Workers Compensation Act.

96
Q

With regards to OH&S, the employee has 3 rights:

A
  • Knowledge – of hazards and proper training
  • Refusal – of dangerous work without dismissal or disciple
  • Participation – in worker protection and workplace safety
97
Q

Who is directly responsible for worker and workplace safety?

A

The employer is directly responsible for worker
and workplace safety. In the case of an owner – prime contractor – subcontractor relationship the owner is directly responsible. However, it is common practice to word a contract such that the prime contractor is
responsible. If two contractors are named the prime contractor simultaneously then the employer will be deemed responsible for OH&S adherence.

98
Q

Related to Human Rights, is discrimination allowed?

A

Human rights are provincial legislation are a very universal and typically involves discrimination. It is of course prohibited to discriminate by age, race, religion, etc. However, certain discrimination is allowed such as physically ability in the case of physically demanding employment (firefighter).

99
Q

Other than discrimination, what are some other human rights?

A

Sexual harassment is also another human right. An employer must take immediate steps to correct harassment otherwise risking vicarious liability.

Privacy Legislation governs the collection, use and release of your personal information but does not govern the personal information of corporations (legally defined person). Privacy Legislation involves both provincial legislation and federal legislation.
The federal legislation is the Personal Information Protection and Electronic Documents Act (PIPEDA) that protects individuals but does not apply to information of journalistic or artistic nature.

NOTE – in the case of substantial personal safety risks, personal information can be released without persecution.

100
Q

Is a hidden camera in the workplace legal?

A

It is very likely the case of a hidden workplace
camera will be posed. The courts have determined that an expectation of privacy must exist and this expectation does not exist in the work environment. The workplace bathroom is of course a different story

NPPE Exam (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions