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NPPE > NPPE Topic 4: Law for professional practice > Flashcards

NPPE Topic 4: Law for professional practice Flashcards

1
Q

Professional licensing is in _______ jurisdiction

A

Provincial or territorial

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2
Q

What are provincial regulating bodies

A

Associations that govern themselves (ex: APEGA)

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3
Q

Governments write ___ that allow professions to regulate themselves as provincial regulatory bodies. These regulators write ____ that specify the details of things the Acts reference

A

ACTS

REGULATIONS

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4
Q

What do professional regulating bodies do?

A
  • administer the act and regulations
  • making and approving changes to the regulations
  • works with the government on changing the Act
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5
Q

The practice engineering means (according to the act)

A
  1. Any act of: planning, designing, evaluating, advising, reporting, directing or supervising
  2. That requires the application of engineering principles
  3. And concerns the safeguarding of life, health, property, economic interests, the public welfare or the environment
  4. Or the managing of such act
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6
Q

Main engineering license requirements across Canada

A
  • Bachelor’s degree in engineering
  • 48 months of engineering experience
  • good character
  • NPPE
  • filling out the application form and paying taxes
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7
Q

Different types of licenses in Ontario

A

Member, temporary license, provisional license, limited license, certificate of authorization

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8
Q

What is a certificate of authorization?

A

Business license - needed to consult to the public

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9
Q

What is a provisional license?

A

to help internationally-trained engineers

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10
Q

What is a limited license?

A

For technologists or scientists to practice in a specific field only

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11
Q

What is a temporary license?

A

for a visiting engineer from another province, famous engineer from elsewhere, past P.Eng to practice on a project

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12
Q

What types of license does APEGA have?

A

P.Eng member, Professional licensee, Licensee, permit to practice

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13
Q

What is a Professional licensee in APEGA?

A

like a limited license in Ontario, for technologists or scientists to practice in a specific field only

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14
Q

What is a licensee in APEGA?

A

Someone who is not a permanent resident or citizen

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15
Q

Which registration types does Ontario have that Alberta doesn’t?

A

temporary license and provisional license

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16
Q

What is the CFTA? Why is it good for engineers?

A

Canadian free trade agreement which makes it easy to apply your professional license from one province to another

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17
Q

What is a reserved title?

A

A title that would make the public believe that the person can practice engineering or geoscience

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18
Q

Companies without a permit to practice are not allowed to be registered with the following words:

A

engineering, geology, geophysics, geoscience, any variation of these words that would give the public the impression that the company can provide engineering or geoscience services

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19
Q

What does enforcement mean?

A

taking action against people who commit reserved title or practice offenses

20
Q

What does discipline mean?

A

Term for action taken against people (or CofA holders) who commit professional misconduct or show incompetence

21
Q

What does enforcement mean in APEGA?

A

refer to any place where they exercise their power as a legislator. Example: checking that existing members are keeping up with CPD via practice reviews, applying penalties on members as part of a discipline process, etc.

22
Q

What is the goal of engineering regulators?

A

to protect the public

23
Q

What is the goal of technical societies?

A

run events and create publications to help network and distribute knowledge to interested practitioner of a given technical area

24
Q

What does the Ontario complaints committee do?

A

Investigate the complaint
If they feel you’re innocent, they will dismiss the complaint. Otherwise, they will ask you take voluntary action or go to the discipline committee for a hearing

25
Q

What does the Ontario discipline committee do?

A

Holds a hearing to determine if you’re guilty. If they think you’re guilty, they will impose a penalty.

26
Q

If you’ve committed professional misconduct you experience a penalty imposed by the:

A

association’s discipline committee

27
Q

Key parties involved in a complaint investigation in APEGA?

A

investigation committee, investigation department, investigative panel

28
Q

Investigative process in APEGA

A
  1. complaint made
  2. investigation: Investigative panel notifies the complains (maybe needing documents, doing interviews) and members are required to comply
    3.Investigative panel sends recommendation to investigative committee
  3. The investigative committee may terminate the complaint if it is found to be vexatious/frivolous or due to lack of knowledge. Or refer the complaint to APEGA’s discipline committee for a discipline hearing
29
Q

Three stages of complaints and discipline in Canada (general process):

A
  1. gather evidence
  2. Investigate and peer review
  3. Discipline hearing
30
Q

What is involved with gathering evidence in a complaints and discipline hearing

A

After a complaint, staff notifies the person the complaint is about, and requests documents

31
Q

What are the outcomes of the Investigation & peer review in a complaints and discipline hearing process

A

-complaints committee locks into the matter in depth (examining material)
-they can drop the case or add charges if more are found
-if there’s enough evidence to go to a hearing, the committee can instead go to the complained against and agree to take voluntary action (plea deal)

32
Q

Who needs to agree in a complaints committee for a plea deal?

A

case manager, investigative committee, and complained-against person

33
Q

What happens in a discipline hearing?

A

It is like a court trial with the discipline committee acting as judges. Complianed-agaisnt person can hire a lawyer. Person who made the complaint and others come as witnesses.

34
Q

Can a penalty decision made by a discipline committee be appealed in the public court system?

A

yes

35
Q

APEGA’s practice review board is responsible for:

A
  • developing and maintaining professional standards, guidelines, and bulletins
  • evaluating the professional practice and competence of professional member licenses and permit holders against practice standards and guidelines
  • administering and enforcing Continuing Professional Development program
36
Q

APEGA’s practice review process may be triggered by

A
  1. A random spot check to test whether a member is maintaining competency & their CPD hours
  2. May be called for if a member is returning to practice after not having their license
  3. Conducted by a practice review board
37
Q

Which members in EGBC’s Practice Review Program can the process be conducted on:

A
  1. On a random basis within one or more disciplines, areas of practice or other risk factors determined by the council
  2. By request from a member to have their existing practice examined
  3. A member is referred to the practice review committee by the Registrar or the Investigation Committee
  4. When council believes a person’s practice is questionable
  5. When ordered by the discipline committee as a result of a discipline hearing with a guilty finding
38
Q

What is Ontario’s Peak Program stand for?

A

Practice evaluation and knowledge

39
Q

How is a PEAK evaluation triggered?

A

It is self-evaluated as part of renewing your license annually

40
Q

What is involved with completing a PEAK evaluation?

A

declaring practice hours, completing an online ethic module, and undergoing a suggested amount of CPD hours

41
Q

Who does APEGA’s Practice Review Board evaluate?

A

they conduct practice review of firms (Permit holders)

42
Q

What does APEGA’s Practice review board evaluate?

A

a firm’s PPMP (professional practice management plan)

43
Q

What does a (PPMP) professional practice management plan evaluate?

A
  • organizational chart
  • standards and ethics of the company
  • quality control systems
  • list of professional and technical resources
  • professional documents and record
  • who is practicing and what they are practicing
  • a method to authenticate documents
  • documented company support for continuing developing professionals
44
Q

What does the EGBC OQM program stand for?

A

Organizational Quality Management

45
Q

Is the EGBC OQM program mandatory?

A

No it is optional

46
Q

Does PEO have a regular practice review process of CofA holders?

A

No

47
Q

Manager’s should seek to ______ of their employees

A

maximize the potential of their employees

NPPE (8 decks)

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