4. The National Professional Practice E am (NPPE)
T e NPPE a c ed b e a 110 e c ce e be c e ed 2- . Ye , e e a e
e ce :
PEO (O a E ee ) add 10 e c ce e f a a f 120 e 3
ECBC add a e a e a d a add a c e e
PGO (O a Ge ) add 10 e c ce e , a d a e a e a c e e .
T S d G de a d e P ac ce E a a e ba ed a d e ed e e a ab e ead a d
a d e e a f e e b . T a ee f a e e- a a e a I d d.
I a ea e A be a A c a , APEGA, ad e e NPPE a d e a ed b a e
A c a c d :
EGM Ma ba
EGBC B C b a
PEO - P fe a E ee O a
PGO - P fe a Ge c e O a
Engineers No a Scotia
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Engineers PEI P ce Ed a d I a d
NAPEG N e Te e a d N a
Engineers Y kon
T e e c a e Q ebec a d Sa a c e a .
3
7. 6
Section I: Professionalism (10% or 7-10 Questions)
I.1 Definition and Interpretation of Professionalism and Professional Status
A definition of Professional utilized in Canadian Professional Engineering and Geoscience is as follows:
Professional - A calling requiring specialized knowledge and often long and intensive preparation including instruction in
skills and methods as well as in the scientific, historical, or scholarly principles underlying such skills and methods,
maintaining by force of organization or concerned opinion high standards of achievement and conduct, and committing its
members to continued study and to a kind of work which has for its prime purpose the rendering of a public service.1
A nice summary is as follows:
• A group (membership)
• Specialized knowledge (skills and methods)
• Accountable and responsible (self-regulating self-governing)
• Continued study (lifelong learning)
• Performing a public service (protecting the public)
Tricky Exam Material - this definition is considered general (not of a restrictive scope) and is not
specific by any means.
8. 7
I.2 The Roles and Responsibilities of Professionals in Society
This topic has to do with how Professionals relate to Society and involves six important points. When evaluating the
relationship between Professionals and Society the Professional should consider:
1. Public trust (fragile must be protected)
2. Elitist misperception
3. Monopoly misperception
4. Public expectations
5. Increased Complexity Specialization
6. Accountability (public, regulator, self, profession, employer/client, shareholders)
Self-Regulation
Each province and territory has passed Acts to create Associations. These Associations regulate the practice of
engineering and geoscience on behalf of the province or territory government.
Council members are elected to carry out the actions of the Association. Most of the council members are members of the
Association, and a small number of council members are reserved for members of the public.
NOTE – it is worthwhile to quickly skim the professionalism document that APEGA produces
named Concepts of Professionalism, v1.0, September 2004.
9. 8
So, Engineers and Geoscientists are elected as council to regulate members of the Engineering and Geoscientist
Association. So we govern ourselves and this is referred to as a self-regulated profession. Other countries, such as the
USA, rely on government to regulate the profession.
Self-Regulation provides a means of a couple important areas of practice:
• Right to title (“P. Eng.” or “Professional Geoscientist”) – this helps the public identify qualified members.
• Scope of practice – this allows only qualified members to practice Engineering and Geoscience.
Another benefit of self-regulation is that it ensures knowledgeable professionals are on Council to administer the Act. The
public also benefits from self-regulation since the Association is funded primarily through licensing fees and not provincial
or federal funding.
Tricky Exam Material - a graduating engineer does not have the right to use the title Professional
Engineer nor Engineer in Training. They must register with the Association in order to use titles.
10. 9
I.3 Engineering and Geoscience Professions in Canada; Definitions and Scopes of
Practice
Many organizations define the term Professional Engineering, including Engineers Canada and your Association. These
definitions are broad in nature but all include putting math and sciences to practical use while protecting the public.
Another important point is the responsibility of using sound engineering judgment in applying an appropriate factor of
safety.
I.4 The Value of Engineering and Geoscience Professions to Society
This section of the syllabus is very brief as it is simple. 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.
1
Webster’s Third New International Dictionary, Unabridged. Merriam-Webster, Inc., 1993
Tricky Exam Material - a term often used is the legal definition and it is important to note that
your Association is created by legislation and is therefore a legal entity providing a legal definition.
12. 11
Section II: Ethics (20% or 17-21 Questions)
II.1 The Role of Ethics in Society; Cultures Customs
There is not much to this sub-section besides realizing that ethics have shaped our laws and customs of a society. Ethics
help us determine right from wrong and ethical theories often involve the concept of happiness.
II.2 Ethical Theories and Principles
Ethical theories are guidelines used to solve problems and neither is superior over another. Don’t worry about memorizing
the following classical theories, just realize that each offers a different point of view and they often result in different
outcomes. The following are four classical ethical theories:
• Mill’s Utilitarianism
o Correct choice is one that provides max benefit for max number of people, e.g. democracy
o Hard to distribute amongst all the people
• Kant’s Formalism or Duty Ethics
o Correct choice is one in which each person follows an ethical route
o Highly process focused (good results will follow)
o What if the result is harm but process is good
o Does not allow for “white lies”
• Locke’s Rights Ethics
o Correct choice is one that doesn’t infringe on anyone’s basic rights (life, human dignity and liberty)
o What if one person’s rights infringe on another’s
13. 12
• Aristotle’s Virtue Ethics
o Correct choice is a balance or “happy medium”
o Very vague and very difficult to apply
It is well worth the effort to apply these ethical theories to a problem prior to the exam. A great example, along with an
analysis and suggested decision is supplied on page 220 of Canadian Engineering and Geoscience, Law and Ethics, 4th
edition. The exam time is precious and not the place to experiment with problem solving.
Tricky Exam Material - the Golden Rule (treat others as you would like to be treated) is supported
by all four theories.
14. 13
II.3 Codes of Ethics of Professional Engineers Geoscientists in Canada
To reduce ambiguity of ethical theories, more precise guidelines are established such as the Code of Ethics, (COE). The
COE is enforced by the Association and punishable by the Association itself or Provincial Law.
I recommend you review your Association’s particular COE, available from their respective websites. Yet, memorization is
not necessary as each Association’s COE will vary slightly and the National Professional Practice Exam (NPPE) is utilized
for several Associations.
The commonalities include duties to:
• Society (protection of public in return for self-regulation)
• Employers (disclose conflicts of interest, confidential)
• Clients (similar as above)
• Colleagues (“Golden Rule” applies)
• Employees, Subordinates (integrity, honesty, fairness, objectivity)
• Profession (honor, dignity, reputation)
• Oneself (good pay, good work environment)
Red Hot Exam Tip – Do not memorize your Association’s Code of Ethics !!
15. 14
Results of the COE that govern the professionals behavior are listed below:
• Healthy, Safety, and Welfare of the public is paramount
• Competence Knowledge - refuse unfamiliar work
• Act with Integrity, Honesty, Fairness Objectivity
• Know and comply with Statutes, Regulations, and Bylaws
• Enhance Honesty, Dignity and Reputation of the profession
Won’t somebody think of the poor Consulting Engineer?
Consider a Consulting Engineer who is asked, by the Client, to approve/reject a claim by the Contractor for extra
payment. He owes a duty to the Client to reject illegitimate claims and owes a duty to the contract to act fairly. In addition,
if the Consulting Engineer approves the claim, he may violate a duty to himself since it would be admission that the design
was not sufficient. There are many parties interests at stake and depending on circumstances and the amount of money
involved, it may be wise to declare a conflict of the interests and bring in a third party engineer.
Tricky Exam Material - The first point in the COE is always the duty to the public and this duty is
paramount to all others. It is important to recall this when contemplating ethical issues.
17. 16
• Analysis – evaluate all solutions with respect to fairness, ethical theories, Code of Ethics
• Decision – choose the least negative alternative
24. III.5 Risk Management, Insurance, Qualit Management and Due Diligence
Liabilit Insurance or errors and omissions insurance is taken to protect the professional from the costs of negligence.
Almost al a s, the professional emplo ee is co ered b the emplo er s insurance polic .
Also, Engineers Canada administers a secondar insurance plan for engineers and geoscientists. The plan is called the
Secondar Professional Liabilit Insurance program as other primar insurance plans must e ist and must be e hausted
first. It s important to reali e that emplo ers (firms or corporations), principals, and decision makers (director, officer, sole
proprietor, shareholder) are not co ered under this program. The program is for those indi iduals practicing engineering
and geoscience and to protect them under claims made against them personall (not the compan ). This plan pro ides
members $250,000 of liabilit co erage ( orld ide) plus unlimited legal fees for defence claims made in Canada. As of
Ma 2021, PEO does not participate in the program.
The four steps to reducing ha ards include:
Eliminate kno n ha ards
Follo established design standards
Follo la s and regulations
Follo good engineering practice
Ha ard Anal sis is a final step of the design process and includes:
Identif all ha ards
Eliminate here er possible
Shield users hen ha ards cannot be eliminated
Warn, Remed , Recall here shielding is not possible
23
25. III.6 E e a Re b e S a ab e De e e
The licensed professional has a duty to protect the environment. This duty is often clarified through the means of a
guideline that is summarized as follows:
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
CERES Environment Principles is an environmental guideline for corporations arising from the Exxon Valdez disaster.
CERES is an acronym for the Coalition for Environmentally Responsible Economies.
ISO14001 is an Environment Management Systems Standard set forth by the ISO organization.
24
26. III.7 U e S a e, C e I e e -Ba ed T ; L ab S a e E
A licensed professional cannot guarantee that designs or calculations will be 100% correct and designs are failure-free.
Yet, the professional must ensure they possess adequate knowledge, adequate skills and will apply the appropriate care.
For software, all of the Associations hold the user responsible for the use of the computer-based outputs.
Good practice amongst the Associations is summarized below:
Scope – know the limitation and accuracy of the software
Validation – test the software (dummy runs, ~ checks, theory checks)
Engineering Principles – examine and understand
III.8 D c e a A e ca C
The use of seals and stamps is a part of the authentication and control process, yet it is important to realize it is the last
step of the approval process. The Ethics text suggests a documentation approval process as outlined below:
Scope – does the work satisfy the scope?
Accepted Practice – codes, standards, guidelines, proper theory
Accuracy – logical and correct, proper transfer from other documents
Completeness – is the work complete and in order?
Format – accepted format
25
27. U e Sea a d S a
W e d I e a e ?
The a a d g a e g f ha a ce ed fe a e be f APEGA ha acce ed e b f he
e g ee g ge c e ce e e e ed he a he ca ed d c e . A a ed a d d a h
a f ed ac ce e g ee g ge c e ce e ca ac . The a a a a a g a a ee f acc ac ,
h e e .
1
Ve I a e ea be ed a d da ed. AGAIN e ea be ed a d da ed.
W a a ?
Ye
Documents released to the public
All final documents (drawings, reports)
Final geological cross-sections or mappings
Final engineering analysis or technical proposals
No
Internal documents (your employer is not considered
the public)
Documents marked for information or preliminary
Company logos or Business cards
Contracts or scope checklists
Your newborn
1
Authenticating Professional Work Products, v 8.3, APEGA, 2019
2
28. Pe P ac ce
Any firm (companies, partnerships, corporations) offering engineering or geoscience services to the public must have a
Permit to Practice – a license issued by the Association. Documents are to be authenticated by a professional member,
then validated by the Responsible Member to ensure the public by ensuring the firm's licensed professionals are
identifiable and qualified.
The Responsible Member validates a Professional Work Product (PWP) after authentication. The validation of a PWP
may be in the form of a stamp or handwritten but must involve:
Name and permit number
Signature and licence number of the Responsible Member
The date of validation (not the date of authentication)
2
32. 31
Section IV: Law for Professional Practice (20% or 23-28
Questions)
This section contains the bulk of material to learn and contains ~20% of the exam material!
Practical Law of Architecture, Engineering and Geoscience, 3rd Edition
NOTE: If you haven’t had an Engineering Law course previously, then it is worthwhile reviewing this text as law can be
complex. Yet, keep it to a review as we’ve worked hard to summarize the information below.
IV.1 The Canadian Legal System
The Canadian Constitution is made up of various portions of the British and Canadian Parliaments and includes three
main features:
• Power division
• Courts creation
• The Charter of Rights and Freedoms (individual’s rights)
There are two types of laws in Canada:
• Statute Laws (Federal Provincial Governments enacts Legislation)
• Common Laws (Judge made law)
33. 32
Theory of Precedent
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.
Outline of Canada’s Court System (Canadian Department of Justice)
34. 33
IV.2 Contract Law - Elements, Principles, Applications
Contracts, Contracts, Contracts! Attempting to exact the non-exact world!
Contracts can be oral, written or any combination thereof. The 5 elements of a Contract (aka Agreement) are:
• 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.
Don’t contract with underage drunk lunatics!!
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:
Tricky Exam Material - Throughout the exam you will see terminology used that is tricky if you
are not familiar:
• Plaintiff – the party making the claim or the crown
• Defendant – the party defending against the claim or the accused
35. The e a a a ene of he inca aci
The inca aci a ed a ( e dia e ) a g e in a ea onable ime.
A common e am le of con ac ing i ho la f lne i a non-com e e em lo men con ac . An enginee o geo cien i
i of en a ked o ign a non-com e e ag eemen in hich he ill no com e e i h he fo me em lo e fo a e iod of
ime. I i nla f l o e ic a e on abili o ea n a li ing and he e con ac a e a el enfo ced nle e
ea onable.
A Le e of In en i a common ag eemen ha doe no con ain all he elemen of a con ac and i he efo e no
enfo ceable. Ho e e , i doe hel comm nica e he e io ne of each a im l b a ici a ing in he ag eemen
and i al o of en hel ma he e m fo nego ia ion.
V idi g a C ac
He , e ha e a c ac ! N e d i ' id B d!
I i im o an o eali e he co oid con ac onl in a e ca e ch a :
Mi ake (m be: m al, non- i ial, io o ag eemen )
Mi e e en a ion (fal e a emen o a e ion of fac )
D e ( h ea o ac al iolence/im i onmen )
Uncon cio (e emel nfai o o e i e)
F a ion (im o ibili d e o nfo e een e en , e.g.: a , flood , io )
Fo ce Maje e i a e common cla e i hin con ac ha o ide elief fo e en ha each a ag ee i be ond
hei con ol. Thi li of e en com i e Ac of God ( e e e o m , e c.), fi e , an o dela and e en labo
di e .
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T e c e ed a b eac ed c ac e ed da age b e e c e ed e a e:
S ec f c e f a ce (a c de ca a f e c ac )
I c ( b g c de f b eac g)
Dec a a O de
T e de e a f da age b ec ee c ce :
M ga ( ffe g a ea ab ga e da age)
N S ec a ( d e f be e )
Re e e ( ab e f da age fa e ed, e.g. de a ed e ca g ba c )
I a , e a e d d c a ge a c ac a e:
Pe f a ce (ca b ga a a e e e, c )
M a Ag ee
E e Te
o Re d a ( ce b d c d c f e e f )
o A c a B eac ( ce f e b eac )
o Te a C a e ( e ag eed- e a d de a a e )
3
38. B eac
o F da e a b eac a a d e c ac
o S b eac d e e c ac ca
Vario Con rac Defini ion
C ac I e . L e a I e e a e e f e c ac a a a e a e f e
a ce.
C a P fe e e f a c ac c ea (a b g ) e e e a a fa e a a d d e e
c ac c e .
Age c A - e Age (e g ee ) ca g e a b e P c e ( e ) g de 3 d Pa e
(c ac ). T a ca be ed b ca g e g a c ac a d e c c d,
e ed a CCDC 2 C ac .
I de f e e ed a d a e ag ee e c e a ag ee bea e f a c a da age
f a e a . A c f f ag ee e a a ce c . T f e d e b a c e a e e
c ac ab e f c a b a 3 d a .
Pa E de ce R e a a e a a e a e de ce ( a c ad c ) a c ded e c ac
a bee ed f a ea a d e ef e b ed. If e c de e f a e a e d e
c ac .
3
40. 39
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.
Torts
Intentional Torts
Fraud
Trespass
Defamation
Unintentional
Torts
Negligence
Negligent
Misrepresentation
41. 40
Misrepresentation
Misrepresentation in tort law comes in three forms:
• Innocent misrepresentation
o Untrue fact
o Not known untrue
o Causing loss due to a false statement
• Negligent misrepresentation
o Untrue fact
o Known to be untrue
o Causing loss due to a false statement
• Fraudulent misrepresentation
o Untrue fact
o Known to be untrue
o With intent to deceive
o Causing loss due to a false statement
Various Tort Definitions
Vicarious Liability - 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. 41
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.
Limitation Period - 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.
Other Relevant Torts
• 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
IV.4 Civil Law in Quebec
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. Yet, 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.
43. 42
IV.5 Business, Employment, and Labor Law
Business Organizations
There are three basic forms of businesses:
• 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.
44. 43
STRUCTURE ADVANTAGES DISADVANTAGES
Sole Proprietorship
• Low startup cost
• Minimum rules
• Direct control
• Tax advantages
• Profits to owner
• Unlimited liability
• Survivor
dependent
• Hard raising $$
Partnership
• Same as above
• Not dependent on
one person
• Unlimited liability
• Divided authority
• Hard raising $$
• Partner conflict
Corporation
• Limited liability
• Specialized
Management
• Transferable
Ownership
• Separate Legal
Entity
• Tax Advantages
• Easier to raise $$
• Strictly regulated
• Significant
reporting
requirements
• Expensive to form
• Shareholder and
executive conflict
possibilities
Employment Law
I believe far too few people realize that employment is simply a contract of employment and the basic contract criteria
apply such as: offer, acceptance, mutual intent, consideration, etc.
There are also a few implied terms that apply such as:
45. 44
• 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.
NOTE- termination notice and severance pay are not required when an employee breaches the employment contract.
Labor law involves the union – management relationship, the union- employee relationship and is mostly governed by
provincial legislation.
Tricky Exam Material - restrictive covenants such as non-compete agreements must be
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.
Tricky Exam Material - if a contractor works solely for one person and the employment situation
closely relates to employment then it is legally deemed an employee – employer contract.
46. 45
IV.6 Dispute Resolution
Generally there are four methods of dispute resolution as follows:
• Negotiation (voluntary)
• Litigation (non voluntary)
• Mediation (voluntary)
• And Alternative Dispute Resolution methods (ADR’s) such as Arbitration (often voluntary)
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.
Other alternative dispute resolution methods include 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.
47. 46
Tricky Exam Material – there are a number of definitions in the legal jargon that often add
confusion to the exam as follows:
• Pleadings – formal documents filed with the court in a lawsuit such as:
o Statements
o Replies
o Demands
o Motions
o Interrogatories
• Examination for Discovery – oral examination of the opposing party prior to trial
• Interrogatories – written questions of the opposing party, prior to trial
• Discovery of Documents – identifying documents by both parties prior to trial
• 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.
48. 47
IV.7 Intellectual Property (Patents, Trade Secrets, Copyright, Trademarks); IP Issues
HUGE TIME SAVER ALERT!! – The Canadian Intellectual Property Office (CIPO) material is often first on your Associations
literature order form. Therefore 90% of the people I have surveyed start by making study notes of this literature before
realizing its worth ~5% of the exam marks. This guide is based on the Recommended Syllabus and therefore this section
has been given appropriate weighting. I personally made this mistake for my exam and wasted at least a couple
days of studying time L
Patents
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
Patents include process inventions, machine inventions, manufacturing inventions, composition of matter or any new and
useful improvement of an existing invention. The criteria include:
• 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
PATENTS
YES NO
Door lock (product) E = mc2
Door lock lube (chemical composition) Mary had a little lamb
Door lock lube process (process) Spiderman
Door lock jig (apparatus)
Door lock production method (method)
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Works
Other
Subject
Matter
Copyrights
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.
Copyright gives protection for all original:
• Literary (book, computer programs, text)
• Drama (films, plays, scripts)
• Artistic (paintings, sketches)
• Music (compositions with or without words)
• Performances of work (whether or not the work was C or not)
• Sound recordings (excludes film sounds)
• Communication signals (for public)
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.
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.
NOTE – 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.
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The Copyright Act was recently amended to include “literary work” which includes computer programs. Two exceptions
apply:
• 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.
Assignment – a Copyright owner transfers part or their entire Copyright rights to another; this can be registered with
the Copyright Registrar.
License – a Copyright owner allows another to use a work but still retains ownership; this can be registered with the
Copyright Registrar.
Tricky Exam Material – 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 Canada but it’s often used.
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Industrial Designs
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.
INDUSTRIAL DESIGNS
YES NO
Repeated wallpaper design Construction methods
Perfume bottle shape MP3 Controls
Chair design Dusk mask materials (materials used)
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.
As with other forms of Intellectual Property one may sell all or parts of Industrial Design rights (assignment) or authorize
another party to use all or parts of the Industrial Design (license).
A design mark (D) is common and recommended but not required in CAN. It very well may help avoid litigation expenses
if a party unknowingly infringes.
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. NOTE -
Integrated Circuit Topographies are the 3D arrangement of electronic circuits.
55. 54
IV.8 Expert Witness
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.
I think you can see a high potential for an ethical dilemma or a conflict of interest.
IV.9 Bonds Construction Liens
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
Try to take your drywall mud back if the owner hasn’t paid!!
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.
Tricky Exam Material – 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.
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IV.10 International Law
A very simple and short section!
There are really two points to remember for international law.
First, 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.
Tricky Exam Material – 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.
Tricky Exam Material – 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.
57. Second, al ho gh in e na ional ag eemen ake p ecedence, one m adhe e o he p o incial le and eg la ion . Fo
e ample, NAFTA allo enginee o o k ac o bo de ; e , a Canadian enginee o king in Te a m be licen ed
b he local Boa d o A ocia ion.
IV.11 En ironmental La
En i onmen Si e A e men (ESA) a e o be pe fo med in acco dance i h he Canadian S anda d A ocia ion (CSA)
and con i of h ee pa :
ESA Pha e I info ma ion ga he ing ch a i le ea che , e c.
ESA Pha e II if ecommended in Pha e I, dic a e ampling p oced e
ESA Pha e III if ecommended in Pha e II, de c ibe emedia ion p oced e
En i onmen al A di a e picall pe fo med o f lfill a o obliga ion o legi la ion. The of en p o ide a defence
again en i onmen al claim and help an o gani a ion nde and i en i onmen al foo p in o po i ion.
5
59. 58
IV.13 Human Rights Privacy Legislation
This material is indeed important but dry as unbuttered popcorn!!
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).
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.
Tricky Exam Material – 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 OHS adherence.
60. 59
NOTE – in the case of substantial personal safety risks, personal information can be released without persecution.
Tricky Exam Material – sometimes 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 J
62. 61
Section V: Professional Law (10% or 7-10 Questions)
V.1 The Act, Regulations Bylaws, Provincial Territorial Acts
Ohhyyy!! How to make sense of all these documents?
The Act is law passed by each province and territory to regulate the professions with an Association of Professional
Engineers and Geoscientist. The purpose of the Act is to protect the public and Elected Council carries out the Act.
Elected Council makes the Regulations, which are rules that clarify the Act including:
• Conditions of enrollment
• Academic qualifications
• Professional conduct
• Disciplinary procedures
Elected Council also makes the Bylaws that are the rules for running the Association and include:
• Fees
• Election procedures
• Committees
NOTE - the exam often uses the term assay, which simply means to measure the properties of something.
Do not memorize, supplied for
general clarity
Do not memorize, supplied for
general clarity
64. 63
These applications will be accepted if:
• Provides required documentation
• No disciplinary action – previous, current or pending
• Promises to meet language requirements
• Allows file exchanges amongst Associations
• Strives to meet CPD rules
• Agrees to satisfy language requirements
There are also a number of international agreements for Engineers and Geoscientists to work abroad. These agreements
offer reciprocal recognition of qualifications.
V.3 Illegal Practice; Enforcement Against Unlicensed Practice Misuse of Title
Unlicensed practice is simply practice of the licensed profession – as defined by the Act - without approval. Misuse of Title
is simply leading the public to believe one is an engineer or geoscientist without being licensed to do so. Protected
terminology includes:
• P. Eng. or P. Geo.
• Professional Engineer or Professional Geoscientist
• Engineer such as Software Engineer
• Geoscientist such as Oilfield Geoscientist
• Abbreviations of the above
It is up to your Association to enforce the Act, which is punishable by law. In the case of repeated offences, fines have
been imposed in the order of $20,000.
65. 64
The purposes of these rules are not exclusivity but protection of the public by ensuring continuing competence, discipline
and professional ethics.
V.4 Professional Technical Societies
The major purpose of engineering societies is as follows:
• encourage research
• classify information
• disseminate information
The difference between an Association and a society is that the Association regulates professional behavior, and the
Societies disseminate engineering information.
Tricky Exam Material – do not confuse discipline and enforcement. Enforcement is for non-
members as the Association is enforcing the act. Discipline is applied to licensed members.
Tricky Exam Material – a graduate engineer has not rite to title or to label oneself as Engineer.
They are simply a graduate of an engineering program until registered with their Association.
67. 66
Section VI: Regulation Discipline Processes (10% or 7-10
Questions)
VI.1 Discipline Procedures
Enforcement involves the unlicensed Discipline involves licensed members. Enforcement involves prosecuting persons
that:
• Practice engineering or geoscience without a license, of course.
• Utilize licensed professional titles (P. Eng. or P. Geo, etc.)
• Use a profession seal or stamp
• Offer licensed services without a Certificate of Authorization or Permit to Practice
The Complaints Committee investigates complaints originating from the public or Association members regarding the
conduct of a member. The Complaints Committee investigates, then consults the accused for clarity, and may take the
matter to the Discipline Committee if further actions are required.
Discipline involves prosecuting (reprimanding, suspend, expelling) licensed members who are guilty of:
• Professional misconduct
• Negligence
• Incompetence
• Corruption
• Breach of the Code of Ethics
• Physical/Mental Incompetence
• Conviction (serious offence)
68. 67
The Disciplinary Process involves three stages:
1. Gather Evidence
2. Investigation Peer review
3. Hearings
Penalties or sanctions, imposed by a Discipline Committee may be:
• Revoke or suspend license (or permit to practice/certificate of authorization)
• Restrict license (supervision, etc.)
• Costs (cost of investigation hearing)
• Training (course or exam)
• Publish Results (in the case of revoking)
• Fines
Complaints must be posed in writing to your Association’s Registrar and will be handled in the following order:
• Registrar
o Attempt to settle by education
o Attempt to settle with aid of a mediator
• Investigative Committee
o Reviews the agreement made with the Registrar
o Otherwise enact a Preliminary Investigation
o If warranted refer the matter to the Discipline Committee
• Discipline Committee
o Hold a formal hearing
o Impose fines, restrictions, as above
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Stipulated Order - A simpler form of disciplinary hearing for less serious cases. One representative makes the
determination of guilt or innocence and the result has no appeal process. Both parties agree to the outcome.
VI.2 Practice Reviews of Individuals
Most Associations have their members report their Continuing Professional Development (CPD) hours and communicate
their professional status (practicing or non-practicing) upon renewal of their licenses each year. This ensure the licensed
members are keeping up with technology and are practicing as professionals by offering the opportunity to take a “non
practicing” status.
Most members are not aware that each year the Association randomly inspects the reported information of a small sample
population of members.
VI.3 Practice Review of Firms
Any firm (companies, partnerships, corporations) offering engineering or geoscience services to the public must have a
Permit to Practice – a license issued by the Association. This ensures the employer provides a suitable environment and
organizational structure such that professional practice is standard.
The Permit to Practice requires the following responsibilities:
• Corporate – the CEO or equivalent must maintain the organizational structure and has overall responsibility
• Responsible Member – a senior member or full time employee must be responsible for direction and supervision of
professional practice
• Individual Member – the individual licensed professional
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VI.4 Continuing Professional Development
As recommended by Engineers Canada the Associations are to maintain Continuing Professional Development (CPD)
programs with the following measures:
• CPD criteria – discussed below
• Documentation – yearly reporting of CPD activities
• Compliance – an annual declaration of compliance with the CPD system
• Review – auditing a small sample population for accuracy
The CPD criteria for activities are comprised of the following:
• Professional Practice – on the job experience
• Formal Activity – formal courses and training
• Informal Activity – self-directed study or presentations, trade shows, etc.
• Participation – acting in committees or acting in a mentor program
• Presentation – presentation and preparation hours are recognized
• Contribution – writing papers, patents or texts
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