NPPE Topic 2: Professional Practice Pt 1

Question 1

What is a professional?

Answer 1

An individual that has a special skill which gives them the ability to see things invisible to someone without that skill.

Question 2

When would negligence occur?

Answer 2

Occurs when professionals don’t exercise the care and skill of a reasonably prudent practitioner in that circumstance

Question 3

What is negligence?

Answer 3

An act or an omission in the carrying out the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstance

Question 4

What is due dilligence?

Answer 4

the amount of carefulness that you ought to have in that circumstance

Question 5

Fulfilling your due diligence requirements means never being _____

Answer 5

Negligent

Question 6

3 things that need to happen to be liable in tort

Answer 6

1. You owe someone a duty of care
2. You breech this duty
3. That person (or corporation) suffers an injury as a result of your breech

Question 7

Duties of directors in a corporation

Answer 7

• act in the best interest of the corporation and with care and due diligence and skill of a reasonably prudent person in that circumstance
• disclose any conflict of interest

Question 8

Duties engineers owe to employers:

Answer 8

• act at all times with fairness and loyalty to the practitioners associates, employer, clients, and employees
• Keep employers information confidential
• Disclose any conflicts of interest

Question 9

Duties to employee do not overrule your duties to ____

Answer 9

Public welfare

Question 10

Can you be charged for professional misconduct for something done abroad even if it is legal there?

Answer 10

Yes

Question 11

You must practice in such a away so that you meet the ___ and ___ of the law

Answer 11

spirit (intent of the law)
letter (what the law technically says)

Question 12

A duty to be loyal to employers and clients means to

Answer 12

Act in their best interests

Question 13

What is a secret conflict of interest?

Answer 13

When your motivations interfere with each other & you do not disclose those motivations

Question 14

Secret conflicts of interest are the problem. The solution is to:

Answer 14

disclose them to clients before starting the job

Question 15

Assume all information you learn about your employer or client while working for them is ____

Answer 15

confidential

Question 16

For confidential information on your company, you must keep it a secret unless _______. Though, it is better to _______ to correct the problem.

Answer 16

Public safety is at risk
Work with the company

Question 17

Should you keep confidential information a secret?

Answer 17

Yes

Question 18

Should you keep conflicts of interest a secret?

Answer 18

No

Question 19

Managers have an obligation to contribute to the _______ of their employees

Answer 19

professional development

Question 20

If you are reviewing the work of another professional, you must:

Answer 20

let the other practitioner know you’re going to review their work (you don’t need their consent)

Question 21

The federal government can enact legislation regarding the following:

Answer 21

• trade and commerce
• taxation
• navigation and shipping
• baking
• bankruptcy and insolvency
• patents
• copyrights
• criminal law

Question 22

The provincial government can enact legislation regarding the following:

Answer 22

• taxation for provincial purposes
• all local works and undertakings (unless they effect two or more provinces)
• incorporation of companies
• property and civil rights
• administration of justice (provincial courts)
• provincial matters

Question 23

What is a lien

Answer 23

A lien is a claim for partial ownership of land that you’ve improved if you weren’t paid for the work to improve it

Question 24

What type of work would be covered by a lien

Answer 24

• direct materials
• labor of trades persons and construction workers
• professional services

Question 25

What is the Statutory Holdback

Answer 25

To avoid liens, owners need to hold back some of the money they were going to pay to the general contractor until the deadline for subcontractors to file a leans has passed.

Question 26

What does the Provincial Ministry of Labor, Training, and Skills Development do?

Answer 26

- develops and enforces labor laws - advances safe, fair workplace practices

Question 27

What are the (provincial) Employment standards acts?

Answer 27

set rules for wage payments, hours of work, overtime, vacation, public holidays, leave (parental, sick, etc), termination and severance pay

Question 28

Where does the Canadian Labor Code apply?

Answer 28

- applies employment standards to some industries that are regulated by federal government over provincial - territories - first nations

Question 29

The Canadian Labor code governs:

Answer 29

- strike and lockout rules - occupational health and safety - employment standards

Question 30

What is a risk?

Answer 30

the effect of uncertainty on objectives (bad thing that could happen if certain conditions take place)

Question 31

What is risk management?

Answer 31

Identifying & evaluating risks Developing and implementing plans that minimize the likelihood or impact of those risks

Question 32

What is hazard analysis?

Answer 32

a type of risk management specific to safety risks in products or processes

Question 33

Hazard Analysis 4 steps

Answer 33

1. Identify 2. Eliminate (remove hazard entirely) 3. Shield 4. Warn, Remedy, Recall

Question 34

What is a liquidated damages provision?

Answer 34

A term in the contract that writes what the damages would be to compensate for a loss you could have caused due to breeches in the contract.

Question 35

What is forced majeure provision?

Answer 35

A term in a contract that extends the completion deadline (or provides other remedies) in the event of a unforeseeable external factor that could delay performance

Question 36

Examples of forced majeure provisions?

Answer 36

war, riot, labor dispute

Question 37

What is insurance

Answer 37

A way of recovering from a loss of things (property insurance) or damages form being sued (liability insurance)

Question 38

What you need to do to receive insurance compensation?

Answer 38

- the loss to be in your policies list of perils covered - the peril to occur within the coverage period - make a claim to the insurance company - pay the appropriate deductible - cooperate with the insurance company

Question 39

Insurers have a duty to:

Answer 39

To indemnify (pay relevant losses to insured), a duty to defend (pay legal fees of insured), a right to subrogation

Question 40

What is subrogation?

Answer 40

If a general contractor is sued and their insurance company pays out the claim, their insurance company can can sue the subcontractor (if it is the sub's fault) to recover the damages they had to pay out defending the general contractor

Question 41

What is a duty of good faith that insured have?

Answer 41

Insured have to tell the insurance company all relevant information; don't mislead them when entering the policy

Question 42

Are holders of a P.Eng license are required to have professional liability insurance before they can offer engineering services to the public?

Answer 42

Yes

Question 43

Can you practice without professional liability insurance?

Answer 43

Yes, only if: Before entering into an agreement to provide professional engineering services, the holder notifies each person that will be receiving professional services that the holder is not insured and receives written authority to provide services without insurance

Question 44

What does quality management mean?

Answer 44

Taking steps to ensure that products or services meet at least certain minimum standards

Question 45

Engineering services must be done at a quality that will achieve ____

Answer 45

Protection of public welfare

Question 46

What is Due Diligence

Answer 46

acting with the amount of knowledge, care, and skill that a person who would usually be expected to complete that task would exercise in the circumstances.

Question 47

The amount of diligence needed depends on:

Answer 47

1. The complexity of the task 2. The amount of safeguards for errors (how many people are checking over the work) 3. The amount of people relying on the work to be done correctly 4. Severity of consequences if it's done incorrectly