Study Guide

Question 1

What do the associations do?

Answer 1

Regulate the practice on behalf of the province

Question 2

How are council members of the Association assigned?

Answer 2

Members of the Association are elected to council members and a small number of seats are reserved for the public

Question 3

Who administers the Act?

Answer 3

The council

Question 4

Who can call themselves engineers?

Answer 4

People registered with the association only. Graduating with an engineering degree does not entitle you to call yourself an engineer.

Question 5

Why is the Association a legal entity?

Answer 5

The provinces put forth legislation (the Act) to create the associations to carry out the Act. Therefore since the Association is created by legislation it is a legal entity.

Question 6

What is the value of engineering to society?

Answer 6

The value to the public is the protection of the public’s best interests by allowing only qualified and licensed professionals to control the quality of professional services.

Question 7

What ideal does Mill’s Utilitarianism, Kant’s Formalism/Duty Ethics, Locke’s Rights Ethics, and Aristotle’s Virtue Ethics?

Answer 7

Treat others as you would like to be treated.

Question 8

Who enforces the Code of Ethics?

Answer 8

The Association

Question 9

If the Code of Ethics is breached, who enacts the punishment?

Answer 9

The Association OR Provincial Law

Question 10

According to the code of ethics, who are the 7 people/groups of people a professional has duties to?

Answer 10

1. Society (protection of public in return for self-regulation)
2. Employers (disclose conflicts of interest, fair, confidential, loyal)
3. Clients (similar as above)
4. Colleagues (courtesy, “Golden Rule” applies)
5. Employees, Subordinates (integrity, honesty, fairness, objectivity)
6. Profession (honor, dignity, reputation)
7. Oneself (good pay, good work environment)

Question 11

According to the Code of Ethics, who always comes first?

Answer 11

The public

Question 12

What are the 6 steps for making an ethical decision?

Answer 12

1. Recognize & gather information (5 W’s)
2. Define the ethical problem
3. Alternative solutions
4. Evaluate Alternatives (Law, Code of Ethics, Ethical Theories)
5. Choose the Optimum (or repeat)
6. Implement the best solution

Question 13

What are the steps for the EGAD method of solving ethical dilemmas.

Answer 13

• Ethichal Issues - Identify the main ethical issues in the problem
• Generate Alternatives - find a nicer alternative solution than the one proposed thus far (common issue is to believe there is only two solutions)
• Analysis – evaluate all solutions with respect to fairness, ethical theories, Code of Ethics
• Decision – choose the least negative alternative

Question 14

What are the key terms of what is expected from engineering work? (Perfection is not required)

Answer 14

Reasonable judgement based on adequate knowledge and adequate experience.

Question 15

What are the 5 experience requirements required to obtain a license?

Answer 15

• Application of theory
• Management of engineering - planning, budgets, supervising, and risk assesments
• Communication skills (oral, presentations, reports)
• Social Implications of Engineering
• Practical Experience

Question 16

Is the Obligation (Rudyard Kipling) as important of the Code of Ethics?

Answer 16

No the Obligation is option and the Code of Ethics is the LAW

Question 17

How does a conflict of interest arise?

Answer 17

when you have to make a decision which impacts two or more opposing interests and you motivation is corrupted

Question 18

If you are the contractor/supplier and the PEng is that a conflict of interest?

Answer 18

Yes

Question 19

What are 4 mitigation methods for a conflict of interest?

Answer 19

*Remove one of the interests
* Disclose your conflict of interests (still problem though…)
* Recusal (disqualify yourself)
* hire a 3rd party to make the decision

Question 20

What insurance protects professionals from the cost of negligence?

Answer 20

liability Insurance or “errors and omissions” insurance

Question 21

Who does Secondary Professional Liability Insurance (from Engineers Canada) protect?

Answer 21

Professionals who is being sued personally (not the company).

It does not cover employers (firms or corps), principals, or decision makers (director, officer, sole proprietor, or shareholders)

Question 22

Who is responsible if a computer program outputs an error?

Answer 22

The professional who used the output

Question 23

What should be done when using computer programs

Answer 23

• know limitations of software
• validate the answers
• check and understand the engineering principles

Question 24

What 5 checks are completed before stamping?

Answer 24

Does it satisfy the scope?
Is it accepted practice (follows codes, standards, guidelines and proper theory?
Is it accurate?
Is it complete?
Is the formatting good?

Question 25

Who does the seal belong to?

Answer 25

The Association but it must be in the care of the engineer at all times

Question 26

Can you omit the seal from the final document?

Answer 26

No. That is an offense of the act

Question 27

What is strict liability?

Answer 27

a concept that applies to intentional torts in which the plaintiff does not need to prove liability because the liability is implied by the situation

Question 28

What is mediation?

Answer 28

Mediation is a voluntary and confidential process in which the mediator, an impartial third party, facilitates open and respectful communication between parties. The mediator does not make decisions

Question 29

What is arbitration?

Answer 29

Arbitration is a way for people to finally resolve disputes quickly, fairly, confidentially, and out of court. Parties agree to be bound by the decision of one or more independent and impartial arbitrators, usually chosen by the parties.

Question 30

What is a lien?

Answer 30

A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.

Question 31

What is unconscionable?

Answer 31

is either unjust or one-sided to benefit one party more than the other. (not in good conscience)

Question 32

What are the 3 types of misrepresentation?

Answer 32

Innocent misrepresentation (untrue but didn't know) Negligent misrepresentation (untrue, did know, damages done) Fraudulent misrepresentation (untrue, intentionally deceived, damages done)

Question 33

What Is Subrogation?

Answer 33

The right (held by most insurance carriers) to legally pursue a third party that caused an insurance loss to an insured. This allows the insurance carrier to recover the amount of the claim it paid to the insured for the loss. i.e. the insurance company pays you then goes after the other person for their money

Question 34

What is Repudiation of a contract?

Answer 34

Anticipatory breach of contract. One party renounces their obligations under a contract. It can be that they are unwilling or unable to perform their obligations under a contract.

Question 35

What is Ratification of a contract?

Answer 35

The term “ratification” describes the act of making something officially valid by signing it or otherwise giving it formal consent.

Question 36

What is the Law of Agency?

Answer 36

The law of agency governs the legal relationship in which the agent deals with a third party on behalf of the principal.

Question 37

What are bid bonds?

Answer 37

A bid bond guarantees compensation to the bond owner if the bidder fails to begin a project. Bid bonds are often used for construction jobs. The function of the bid bond is to provide a guarantee to the project owner that the bidder will complete the work if selected.

Question 38

What is indemnity?

Answer 38

Indemnification is protection against loss or damage. When a contract is breached, the parties look to its indemnity clause to determine the compensation due to the aggrieved party by the non-performer.

Question 39

What is fiduciary obligation?

Answer 39

In Canadian law, fiduciary obligation refers to a relationship in which one party (the fiduciary) is responsible for looking after the best interests of another party (the beneficiary).