Ethics

Question 1

Whistleblowing

Answer 1

• After exausting all internal resources; No One is Listening,
• The health and safety of any person is endangered,
• Risky proposition; violates moral and legal obligations to clients and emplyers,
• Only exceptionally rare cases would going directly to the media or watchdog agency be justified.

Question 2

Duty to Report

Answer 2

Any time engineers see a defect in a design, an unsafe plan, a faulty conclusions in an analysis, or an incomplete evaluation; or hear poor advice or insufficient direction within their practice, they have a duty to report.

Question 3

Engineering Profession

Answer 3

The practice of professional engineering means any act of planning, designing, composing, evaluating, advising, reporting, directing, or supervising that requires the application of engineering principles and concerns the safeguarding of life, health, property, economic interest, the public welfare, or the environment, or the managing of any such act.

Question 4

Professional Engineers Act

(1922)

Answer 4

Regulates the practice of professional engineering and to govern its members and holders of certificate of authorization and holders of other types of licenses in accordance with the Act, regulations and bylaws, in order that the public interests be served and protected.

Question 5

Professional Licence & CoA

Answer 5

The Association issues ;

• a license to an individual licensing them to practice professional engineering
• a Certificate of Authorization (CoA) to a PEng or a business to authorize that entity to offer engineering services to the public

Question 6

Regular License

Answer 6

• At least 18 years old
• BEng from CEAB accredited program (or equivalent)
• Pass the Professional Practice and Ethics (PPE) exam
  
  • 48 months engineering experience (12 months max from co-op & at least 12 months in Canada)
• Good character
• Does not specify field of engineering, the practitioner must ensure he/she is competent in the area of a particular project or it would be deemed professional misconduct

Question 7

Provisional License

Answer 7

• Same as regular except for 12 month Canadian experience
• Valid for 12 months
• Must be supervised by PEng and all final work signed and sealed by supervisor

Question 8

Temporary License

Answer 8

• Specified project, employer, client, time period, and collaborator (if one exists)
• Must demonstrate one of:
  
  • Residence in Canada and member of equivalent association in their Province or Territory
  • Wide recognition in the field (a specialist or expert)
  • or qualification equivalent to PEO requirements

Question 9

Limited License

Answer 9

• Limits the practice of engineering to the services specified in the limited license
• Education: 3 year tech diploma or 4 year honors BS or equivalent
• 13 years Experience
• Payment of fee, Pass PPE
• Good character
• Must return license when holder ceases to provide the services that limited license was granted
• Can identify themselves as holder of a Limited Engineering License (LEL) – An engineering technologist class of LEL may use the designation Licensed Engineering Technologist (LET)

Question 10

Who is a Professional Engineer (PEng)?

Answer 10

Only a Member or a temporary license holder who is registered in another Province may call themselves a Professional Engineer (PEng)

Question 11

Misrepresentation

Answer 11

Identifying yourself as a professional engineer (PEng) or limited license holder is subject to,

• on conviction, a $10k fine for the first offence
• and $25k for each subsequent offense.

Question 12

Seal of a PEng

Answer 12

A PEng is contracted to prepare documents, e.g., final drawings, specifications, plans, reports, etc.

• On completion, the practitioner takes responsibility for the content by affixing the seal and signing
• the document is said to be sealed
• It is a statement to others that the contents can with confidence be relied upon
• Date must be legible
• Original should be kept unsealed by licensee with copies sealed and distributed
• Internal documents need not be sealed - ONLY final documents are sealed (not preliminary, draft, etc.)
• Digital copies may be digitally sealed but also need digital signature
• Mark of reliance but not a guarantee

Question 13

Misrepresentation & Misuse

Answer 13

• Use of a seal by an unlicensed engineer can lead to a $10k fine for the first offence and $25k for each subsequent offense.
• Misuse of a seal by a licensed practitioner is defined as misconduct e.g., signing or sealing a document that you didn’t prepare

Question 14

Consulting Engineer

Answer 14

A designation not a license;

• Identifies an engineer with significant experience in independent practice providing services to public
• Currently engaged in independent practice w/at least 2 years experience
• Overall 5 years experience required
• Either the practitioner holds a CoA or is the partner or employee of CoA holder and is designated as person of responsibility
• A recognition of experience, not technical knowledge

Question 15

Certificate of Authorization

Answer 15

A CoA is required for a practitioner or business to offer engineering services to the public

• A PEng can practice as
  
  • An employee
  • An owner
  • An individual for personal projects
• A practitioner cannot accept a contract to provide services to a business unless they have a CoA

Question 16

When is a CoA required?

Answer 16

• If you “hang out your shingle”; advertise and promote yourself - either personally or through a legal entity such as a company or partnership - as offering professional engineering services,
• If you provide professional engineering services to the public through the sale of a product that is custom-designed or an original (as opposed to an off-the-shelf product)
• If you work for others, but offer professional engineering services directly to the public on a part-time, moonlighting, or volunteer basis,

Question 17

To obtain a CoA

Answer 17

Designate the person or persons who hold PEng that will be responsible for and supervise the services provided. – State that the designee(s) are either the applicant, employee of the applicant, partner of applicant, or employees of partners – Certify that they are insured against professional liability (see 74(1) details) • Or show – Participating in Indemnity Plan of the Ontario Association of Architects – Substantially all claims covered under other insurance 74(2b) – not required due to uninsurable nature of work (pollution, nuclear, …) – Notifies each person to whom services are provided that they are not insured – CoA is for 1 year – renewable on date of expiry • If designees are all temporary license holders then expires at latest date of temporary holder or 1 year whichever is less

Question 18

Engineering Intern

Answer 18

Requirements • Provide written notice • Enrolled in the engineering intern program • Has applied for a license • Meets the academic requirements for a license • Pay fee of $75 per year – Privileges • Local chapter voting rights • Can attend member meeting and council meeting but no voting rights • Can serve on committees unless barred by Act, regulations or bylaws

Question 19

Advertising

Answer 19

A Member or CoA may advertise only • In a professional and dignified manner • In a factual manner without exaggeration • In a manner that doesn’t directly or indirectly criticize a Member, CoA holder, or employer • Cant use or show seal or PEO logo

Question 20

PEO Council of Association

Answer 20

Governing body • 15 elected members for 2 year terms – 3 at large – 2 each from 5 regions – President-elect and vice president (elected) • (up to 12) Appointees by Lieutenant Governor in Council – Executive Committee • 5-7 Members and 3-5 non-members – President, VP(appointed), past president, VP(elected), president-elect, + one or more other Members appointed by Council (currently 3, 2 of whom are LG-in-Council appointments) – Registrar • Appointed by Council • Is a Member • Administration of PEO – reports to Council President (2018-2019) David Brown, P.Eng., BDS, CET, IntPE, MCSCE

Question 21

PEO Commitees

Answer 21

Committees – Executive – Academic Requirements – Experience Requirements • The Academic and Experience Committees are where applications are reviewed – Registration • If denied membership => appeals go here – Complaints – Discipline – Fees Mediation • To mediate/arbitrate fee disputes between engineers and clients

Question 22

Code of Ethics (Reg. 941 Section 77)

Answer 22

Guideline on how Member should behave • Following the Code will help prevent Member from engaging in professional misconduct • Not following the Code is not necessarily professional misconduct (misconduct being defined in Section 72) and, consequently, will not result in discipline • Other Provinces have enforceable codes – Main clauses dealing with • Oneself (goals and ideals) • Employers – (moonlighting) • Clients • Other professionals • Other practitioners • The Profession • Society

Question 23

Professional Misconduct (Reg. 941 Section 72)

Answer 23

Misconduct is an action that should be disciplined • If you follow the code of ethics you are unlikely to put yourself in a position of professional misconduct – Negligence • An act or omission in carrying out the work of the practitioner that constitutes failure to maintain the standard that a reasonable and prudent practitioner would maintain – Harassment • Engaging in a course of vexatious comment or conduct that is known or reasonably to be known as unwelcome and that might be reasonably regarded as interfering in a professional engineering relationship

Question 24

PEO Complaints

Answer 24

Complaints process • Any member of the public or the Association can make a complaint • Complaints Committee – At least 2 Members and 1 member of Council appointed by LG in Council – Review complaint, examine records, inform Member and request response, ask for more information from complainant » Refer to Discipline Committee for hearing or “stipulated order” (where the practitioner has essentially pled guilty or pled to a lesser charge) » Dismiss the complaint » Advise the practitioner that actions are short of misconduct but concerning

Question 25

PEO Discipline

Answer 25

Discipline Committee • Acts on misconduct (being referred from complaints committee) and incompetence • At least 1 Member from Council, 1 Member from Council appointed by LG in Council and 1 non-PEO member of Council appointed by LG in Council • The committee determines guilt and appropriate penalty

Question 26

PEO Enforcement

Answer 26

Discipline Penalties can include • Revoke license or CoA • Suspend license or CoA • Limit professional work to specified extent • Impose other terms or conditions • Impose specific restrictions including supervision, reprimand or admonish • Revoke or suspend specific designations (e.g., consulting engineer) • Impose fines to a maximum of $5,000; • Publish findings in Engineering Dimensions; • Fix and impose costs to be paid to PEO • Direct that the penalty be suspended or postponed pending some terms (e.g., take PPE again) Discipline Committee also deals with Incompetence