EXAM - Lecture Summaries Flashcards
1
Q
2: What is the approximate definition of engineering?
A
“Application of scientific and math principles to solve practical problems in design and manufacturing. It can be applied to economical structures, machines, processes and systems.”
2
Q
2: What were lead engineers in ancient Egypt called?
A
Master Builders
3
Q
2: What were engineers called in ancient Greece?
A
Architekton
4
Q
2: Which engineers created the first battering rams and pontoon bridges?
A
The mesopotamian engineers
5
Q
2: Who perfected the use of the arch and made aquaducts?
A
Roman engineers
6
Q
3: Definition of engineering and relation to your career
A
“To produce or plan something in a clever or skillful way”, therefore must actively engineer your career.
7
Q
3: What forces/inputs is the employment system acted on by?
A
Tech, demographic changes, government policies, competition, and economic factors
8
Q
3: Solutions to employment system forces?
A
E-solutions, process change (flexibility/speed), partnerships (outsourcing), new team design, new innovations, and company restructuring
9
Q
2: Who lead the “Electric Century” of the 20th century? (4 names)
A
Ohm, Faraday, Maxwell, Siemens
10
Q
2: When was the beginning of professionalism in engineering in Canada and what cause it?
A
In 1887 Parliament passed an act to establish the engineering institute of Canada
11
Q
2: Who first mentioned static electricity?
A
Ancient Greeks
12
Q
2: Who lead the “Electric Century” of the 20th century? (4 names)
A
Ohm, Faraday, Maxwell, Siemens
13
Q
2: When was the beginning of professionalism in engineering in Canada and what cause it?
A
In 1887 Parliament passed an act to establish the engineering institute of Canada
14
Q
2: When and how did the professional practice of engineering start in Ontario/
A
1937
Ontario passed legislation for the voluntary licensing of engineers which is now the professional engineers act
15
Q
2: Which bridge in Ottawa collapsed in 1966 and was responsible for the death of 9 workers?
A
Heron road bridge
16
Q
3: What is a good exercise to analysis a work position?
A
A best and worst experience exercise can be used to help figure out what you want. Pick three positive and three negative experiences their outcomes then identify what you really liked and what you really didn’t like.
17
Q
2: When and how did the professional practice of engineering start in Ontario/
A
1937
Ontario passed legislation for the voluntary licensing of engineers which is now the professional engineers act
18
Q
3: As a engineer how can you deal with employment forces?
A
Gain new skills or transfer to new positions that are created. It is best to prepare for these changes yourself rather then being “carried” by your employer, make sure you equip yourself with the most current and “valuable” skills, and always stay up to date on current changes/innovations in your industrie and others.
19
Q
3: What are the three employ-ability skills?
A
Fundamental/academic (technical skills, critical problem solving, must always keep learning these), teamwork (projects, team skills, leadership these are critical skills), and personal management skills (responsibility, adaptability, and attitude).
Prove you have these skills with first education, then experience, and finally achievements (credibility, is more important the farther you go).
20
Q
3: What are the sections of a resume?
A
Academics, work experience and extra-curricular experience
21
Q
4: What should be the common structure of any good presentation?
A
impact-engage-impact
In any presentation, make sure to keep to key points and keep it simple. Also remember to have passion, energy, and enthusiasm for the topic and always remind the audience of the takeaway at the end.
22
Q
5: Engineering is a profession, what does this mean?
A
It is a career that requires specialized knowledge, consciousness of public responsibility, and an autonomous decision making body to govern the profession.
23
Q
3: What is the trajectory of a modern career path?
A
A career path will likely be a “rock climbing” trip and not climbing a ladder as you need training, equipment, may move side to side, and the journey can even be the goal not the final destination
24
Q
5: When was Engineers Canada created, and how is it represented in Ontario?
A
The domino council of professional engineers (now Engineers Canada) was first formed in 1936.
The Professional Engineers of Ontario (PEO) is the governing body of the profession in Ontario. It is one of 12 provincial/territorial engineering regulators in Canada.
25
3: What is a good exercise to analysis a work position?
A best and worst experience excersie up to now (3 positive and 3 negative) can be useful, recall each experience in detail and its outcome then identify what you really liked and what you really didn’t like, this can help with step one, assess yourself
"based on this experience I perform well when…, am good at…., and enjoy work that is….."
26
23: What is PIPEDA?
The Personal Information Protection and Electronic Documents Act
It governs the collection, use, and disclosure of personal info by federal agencies and organizations engaged in commercial activitites
27
23: What are the principles of PIPEDA?
1. Org's must have a Privacy Officer
2. Org's must be transparent in info use
3. Org's must get consent for collecting info
4. Org's must justify why they need personal info
5. Org's must not use info for unrelated purposes
6. Org's must ensure info is accurate
7. Org's must properly secure info
8. Org's must be open about policy and practice
9. Individuals have the right to access their personal info
10. Org's must advise users of their complaint process
28
5: Whats a important job of Engineers Canada?
1. Lobbying and aiding the government of Canada’s policies with regards to engineering.
2. Develops National position statements to further this goal as well as government submissions. For example a important issuing tackled is policy area regarding climate resilient infrastructure, as this affects all levels of government and the public's well-being.
3. Responsible for protecting the terms engineer and professional engineer as they are integral to the profession and should not be misused.
29
23: What does the Freedom of Information legislation allow? What are it's restrictions?
Allows right of anyone to access government info (to make gov and org's transparent)
This excludes privileged info, info for ongoing investigations, advice to ministers, or 3rd party info
30
22: What are the 3 main kinds of business structures?
Sole proprietorships
Partnerships
Corporations
31
5: What is required for a PE?
| Also in 6
A license requires the following:
- A bachelor’s degree from an accredited program,
- pass the professional practice exam
- good character
- references from all previous positions
- minimum of 48 months of engineering experience. 12 months of which must be in Canada
- apply theory, practically and efficiently, in the work place
- management experience, and strong communication skills. Applicants must have tackled social and safety aspects in their work.
32
4: What are common errors in communication of technical information?
Trying to convey to much information, some details must be cutout and must always tailor to the audience.
Failing to show the plan, you should always outline to the audience what you will talk about before you talk about it, also transition between ideas is critical.
Neglecting the start and end, always outline the presentation at the start and circle around at the end.
33
6: What is OSPE?
Ontario Society of Professional engineers is responsible for professional development, insurance, and other useful things.
34
22: What are the basic properties of a corporation?
- legal entity separate from its owners
- can own things and has rights
- shareholders own shares
35
22: What are some other types of businesses (not sole proprietorship, partnership, or corporations)
Joint venture: loose association between two or more people for a limited purpose without these people partnering legally
Franchise/licensed organization: contractual relationship that transfers IP from one person or group to another.
Non-Profit Organization: do not generate revenue for a shareholder and can be incorporated or unincorporated.
36
22: What are the basic properties of a sole proprietorship?
- profits go directly to owner
- owner is liable for the organization
- can only be operated under the owner's name unless otherwise registered under the business names act
37
22: What are the basic properties of a partnership?
- two or more individuals
- partnership defined in contract or letter
- profits split according to partnership agreement
38
6: What is a EIT?
The engineering intern training program (EIT) that is available after graduation but before receiving a license. It provides a annual review of work experience, a personal guidance, seminars, access to PEO publications, chapter membership, etc.
39
22: What are the basic properties of a corporation?
- legal entity separate from its owners
- can own things and has rights
- shareholders own shares
40
22: What are some other types of businesses (not sole proprietorship, partnership, or corporations)
Joint venture: loose association between two or more people for a limited purpose without these people partnering legally
Franchise/licensed organization: contractual relationship that transfers IP from one person or group to another.
Non-Profit Organization: do not generate revenue for a shareholder and can be incorporated or unincorporated.
41
22: Organizations must keep what documents as dictated by Canadian Law?
```
Copy of articles and amendments
All by-laws
All meeting minutes
All resolutions
Securities register
Accounting records
```
42
22: In a corporation, what is the director responsible for?
A director is only responsible for supervising the officers and acting as fiduciary and may be held liable
43
22: In a corporation, who is responsible for the actual running of the company?
The officers (CEO, CTO, etc.)
44
5: Engineering is a profession, what does this mean?
It is a career that requires specialized knowledge, consioness of public responsibility, and an autonomous decision making body to govern the profession.
45
5: When was the engineering profession formalized in Canada and where? When did this occur in Ontario?
Formalization of engineering as a profession in Canada began in 1896 with the first act to regulate the practice of Engineering in Manitoba, a similar step was taken in Ontario in 1922.
46
5: When was Engineers Canada created, and how is it represented in Ontario?
The domino council of professional engineers (now Engineers Canada) was first formed in 1936.
The Professional Engineers of Ontario (PEO) is the governing body of the profession in Ontario. It is one of 12 provincial/territorial engineering regulators in Canada.
47
5: How is Engineers Canada structured?
Engineers Canada is run by a board, made up of representatives from each of the “local” regulators i.e. PEO. Volunteers are able to participate on committees which allow the board to be informed and guided for policy changes. Engineers Canada aims to advance the profession, maintain its ethics, and to protect the public interest. Engineers Canada also follows ten tenets which outline the organizations goals for the engineering profession, such as the accreditation process and system as well as the recruitment of women in engineering.
48
5: What is the accreditation board?
The accreditation board was established in 1965, with the goal to maintain the quality of engineering programs so that they are competitive around the world and allow students to apply for licensing later on. There are now 279 accredit programs across the country in 44 different schools.
49
21: What four aspects should an entrepreneur consider when analyzing a new opportunity?
1. Does it create new value?
2. How much time and effort is req'd?
3. What is the necessary risk?
4. What are the expected rewards?
50
5: Whats a important job of Engineers Canada?
Engineers Canada is also responsible for lobbying and aiding the government of Canada’s policies with regards to engineering. Engineers Canada develops National position statements to further this goal as well as government submissions. For example a important issuing tackled is policy area regarding climate resilient infrastructure, as this affects all levels of government and the public's well-being.
51
5: What is a important Engineers Canada program?
One program is 30 by 30 which aims to raise the percent of women in engineering to 30% by 2030 (from its current 18%). This program is aimed at K-8 all the way to engineers applying for the license and works with many partner organizations such as the Assembly of First Nations.
52
5: What is required for the term professional engineering to apply?
Applies if:
- a job that requires design or directing activities where the safeguard of life, property or public welfare is concerned
53
5: What is required for a PE?
A license requires the following: A bachelor’s degree from an accredited program, four years’ experience, English/French language competency, good character, and passing the professional practice exam.
54
6: What is the PEO, when where they created and how big are they?
PEO is a self-regulated body that was formed in 1922 to protect the interest and safety of the public and not the interests of engineers,
PEO regulate the practice of the engineering profession for the ~80,000 engineers in Ontario with 36 local chapters
55
20: What type of approach should be taken for conflict resolution?
Collaborative conflict resolution
56
6: What are the PEO's 3 methods of regulation?
1. Admission into the body, which requires all professional engineer’s (PE’s) to have graduated from an accredited program
2. Enforce proper practices by continual education of enginee
3. A discipline unit which can investigate cases of malpractice and take legal action
57
20: What are the basic steps for collaborative negotiation?
- making a meeting to discuss conflict
- separating problems from people
- exploring interests
- potential options
- ranking options with criteria
58
6: What is the SMP by PEO?
PEO has a student membership program (SMP) which is aimed at students to increase professional awareness, promote communicate between students and industry, standardize PEO delivery of activities to students, and to provide a seamless way for students to transfer from academics to professional practice.
59
6: What is the FCP by PEO?
PEO also offers the financial credit program (FCP) which, if applied for within 6 months of graduation from an accredited programs, allows the $300 license application fee to be waived.
60
19: What are 4 important Ontario environmental arts?
The environmental Protection Act
Green Energy Act
Ontario Water Resources Act
The Environmental Assessment Act
61
19: Who must be notified in the event of an environmental spill?
Spill Action Centre
62
7: Why does engineering need to be regulated?
Since Engineering is a risky activity it is regulated by the Government to minimize or remove risk it creates, this was achieved through the Professional engineers act of 1922, which prohibits unlicensed individuals from practicing professional engineering.
63
7: What are two common regulation models?
1. customer protection model: used to protect customers of industry’s with potentially risky products or services. This is done through the creation of authoritative bodies which can regulate the specific industry, enforce rules, and provide licensing if necessary
2. self-regulation model which allows an industry to govern itself i.e. Engineering
64
7: What is a legislative framework?
A legislative framework is a hierarchy of different legal components regulation, policies, and procedures created by a legislative authority on a specific topic.
65
7: What are the two main aspects of a legislative framework?
Act: An act is a primary level law that is a Bill that has been enacted by the government, such as the Professional Engineers act which establishes the PEO
Regulation: A regulation is a secondary level law and is imposed and enforced by a delegated authority such as the PEO.
66
18: How can environmental impact be defined?
I=P*A*T
| Impact, Population, Average consumption per person/Affluence, T = environmental impact per unit of consumption
67
7: What does Section 331 of R-941 state?
Ensures this quality the licensing agency must have basic steps to supply a license to an individual such as the accreditation, experience, and testing process through the PEO to obtain an engineering license
NOTE: The PEO can also listen temporary license, provisional license and a limited license to individuals not meeting the basic requirements, these come with reduced privileges.
68
7: What is Section 77 of R-941?
It is the engineering code of ethics, lays out the main sources of responsibility for an engineer
69
18: What are various challenges with implanting sustainable solutions in society?
Limited temporal scope
Limited spatial scope
Lack of valuation of externalities
Disproportional costs
70
18: What are three ways that engineers can assess sustainability?
Assign quantifiable values to externalities
Full life-cycle impact assessment (LCA)
Materials flow analysis
71
17: What organizational change has occurred in management hierarchy recently?
Hierarchies have become flatter with more collaboration between levels and less strict lines of communication
72
7: What is stated in Section 53 of R-941?
Use of the engineering seal is mandatory in all organizations and anytime engineering service is used
73
7: Where are a engineers legislative duties stated?
Section 77 and 72 of regulation 941 as well as regulation 260/08, layout the main sources of responsibility for an engineer: legislated duties, contractual duties, and the paramount duty of public welfare
74
7: What are the types of duties?
1. Duty to public/environment
2. Duty to client/employer
3. Duty to the profession and other professionals.
75
7: What is a contract?
Contractual duties are a legal written or spoken agreement between two parties, each term in the contract is available for legal action if the contract is breached. Engineering documents often form part of contracts and so as a professional engineering you may take part in creating contracts and the graphical or written engineering work can be used as a term in a contract.
76
7: How can a citizen complain about a engineer?
The PEO runs a complaints service, anyone can file a complaint against a practitioner, they are handled by the Complaints committee `
77
7: What is Professional Negligence?
Negligence occurs if an individual fails to hold a certain standard of care in there work given their professional status. This is the ordinary competence of professional engineer and is a skill level possessed by a typical engineer for a specific task. Therefore, practitioners working outside of there normal field should take an extra amount of care as they will likely be held to a higher standard.
78
8: How big is consulting engineering in Canada?
The industry is worth $28.4 billion in Canada and employs ~60,000 people
79
21: What are the main three types of entrepreneurs and what are each of their motivations?
Craftspeople: motivated by their interest and mastery of a specific craft
Freedom Fighters: motivated by being their own boss and working for themselves
Mountain Climbers: focused on growth and achieving new heights
80
8: How big is consulting engineering in Canada?
The industry is worth $28.4 billion in Canada and employs ~60,000 people
81
8: How can a consulting firm operate?
A consulting engineering firm can be owner operated, a partnership, employee-owned, private, or public corporation.
This usually means consulting engineers work alongside other engineers as well as other professionals from different backgrounds frequently
82
8: How can someone gain consulting status?
Needs:
- licensed PE in good standing
- five years’ experience
- client references
- right to title
- be a partner or employee of a firm holding a certificate of authorization form the PEO
83
8: How can a consulting firm operate?
A consulting engineering firm can be owner operated, a partnership, employee-owned, private, or public corporation.
This usually means consulting engineers work alongside other engineers as well as other professionals from different backgrounds frequently
84
21: What crucial part of the market must you consider the interest of in your product?
Early adopters
85
21: What is the lean startup model?
```
Process:
select opportunity
build business model hypothesis
create MVP
take to customer
pivot back or graduate idea
```
86
21: What are two sides to every business?
The internal cost structure and the external revenue stream
87
20: What is the root emotion for most conflict?
Fear
88
20: What forms the basis of conflict?
Previous interactions
Assumptions
Deep seated emotions
89
8: Why hire a consultant?
- get a specific expertise, for strategic advice from an outside perspective
- cyclic workloads or a time of unusually high load
- to manage and transfer risk out of a organization
- for long-term savings (i.e. avoid creating a new team/department internally).
90
8: What are the trade offs during the engineering cycle?
quality, scheduling, and cost while also taking into account public interest and safety
91
8: When should you invest in engineering in a project?
Engineering can even have a low amount of funding compared to the overall project, however poor engineering can result in inflated costs later on and so it is a very good investment to make early on in a project, because the later it is made the less influence it will have and the larger its cost will be
92
8: How is a firm selected for a project?
Selection of a firm then comes down to its qualification, reputation, proposed solution, and cost (lowest bid). Selecting the right consultant is critical, and a common set of objects must be set at the start, as there is a mutual cost-benefit risk in this relationship
93
8: How is a consulting firm paid?
- cost-based payment schedule: essential the cost of the work plus some to account for a profit.
- fixed-fee
- project-based fee: based on percent of construction cost
- value-based payment: where the consulting gets pay based on pay received by client.
On the consulting firm’s side, the costs billable to the client involve everything from salaries, bonuses, operating costs
94
20: What are two types of collaborative conflict resolution?
Principled Negotiation: no one trying to win
Facilitative Mediation: aided by an impartial mediator aids
95
20: What are the basic steps for collaborative negotiation?
- making a meeting to discuss conflict
- separating problems from people
- understanding each parties issues
- exploring interests and assumptions of involved parties
- create a list of potential options
- ranking these options with objective criteria
96
19: What duty in the engineering code of ethics binds engineers to protect the environment
Duty to society requires engineers to protect public welfare which includes the environment
97
19: What are 4 important federal environmental acts?
The Canadian Environmental Protection Act of 1999 (CEPA)
The Canada Water Act
The Fisheries Act
The Canadian Environmental Assessment Act of 2012
98
19: What are 4 important Ontario environmental arts?
The environmental Protection Act
Green Energy Act
Ontario Water Resources Act
The Environmental Assessment Act
99
19: What does Ontario ESA aim to control?
Controlling environmental sensitive projects by requiring extensive environmental impact and alternative studies
100
18: What is greenwashing?
When something is only superficially marketed as being sustainable, but isn't actually sustainable
101
18: How can sustainability be defined?
A set of actions to mitigate the impact current events on future levels of consumption, wealth, utility, or welfare compared to the current levels of those things
102
18: What are three main types of sustainability?
Environmental: consumption of resources
Economic: policies to manage long term effects of resource usage
Social: quality of life, equity, diversity, social cohesion
103
18: What is an ecological footprint?
Measure of the utilized resources and land by an individual or group
104
18: On average, how much more % do we use, than the Earth can produce?
50%
105
18: What are three ways that engineers can assess sustainability?
Assign quantifiable values to externalities
Full life-cycle impact assessment (LCA)
Materials flow analysis
106
20: What sort of statements are useful in collaborative negotiation?
Non-defensive "I-Statements"
107
9: What is ethics?
An activity that helps us respond to the world and act to result in positive results for oneself or others. There are many ethical theories outlining methods of performing ethics.
108
9: What is Teleological Ethics of Aristotle (Virtue based ethics)?
Focused on promoting the correct end goal/result.
This requires one to interiorize good values, learn good habits, develop good character, and to cultivate virtues.
Limitating this theory is that character evaluation cannot be always used to determine the “virtuous” action.
109
9: What is Rights-based ethics of John Locke (born out of the age of revolution and enlightenment) ?
Promotes an individual’s rights to apply their highest faculty: reason.
Society creates social contracts to allow individuals to create rules, traditions, and customs to promote the greater good.
A key part of this is to resign certain rights to the society to not infringe on the private rights of others.
One applies their inherent natural and public rights to determine their actions.
A limitation of this theory is the rise of extreme individualism and its inherent adversarial nature.
110
9: What is Deontological (duty-based ethics) of Immanuel Kant?
It is concerned with duties and obligations of existence. It is encapsulated by two categorical imperatives:
1. Universal applicability: Always act according to a maxim that is desired to be a universal law and to not break this law at any cost.
2. Respect of others: Never treat others as a means to an end. Actions and results are irrelevant, only good intention is required for good will.
A limitation of this theory is that good will and motivations can vary by individual and can conflict.
111
17: What are three types of decision making processes that can occur on teams
Autocratic: leader makes the decision without consulting team
Consultative: leader consults team before making final decision
Collaborative: a final decision is reached as a team
112
9: What is the foundation of ethics?
The foundation of ethics is not ethical theories, but how a person comes to determine what is good in specific situations.
A dynamic ethical activity should aim to avoid harming individuals while promoting benefits to them and is driven by a set of distinct ethical actions based on an ethical dilemma.
This starts with:
- human experience
- understanding experience
- judging this understanding
This is repeated as a diagnostic and planning loop.
113
17: How have the hierarchies of organizations changed?
They have become shorter flatter pyramids with more interaction between levels
114
17: What are important characteristics of a great team?
- have a clear understanding of its goals
- be flexible in choosing its path and procedure to achieve its goals
- implement open and constructive communication between members
- have a defined, balanced, and efficient decision-making process
- acknowledge the differences of its members
- the leader does not dominate the team
115
17: What is a shared sense of leadership?
It is where all members of a team feel a responsibility to act in a way to help others succeed, which makes the team succeed
116
17: What characteristics should an individual have to be the best team member they can be?
- understanding of and commitment to team goals
- ability to be friendly and interested in other team members
- able to acknowledge and discuss conflicts between different points of view
- able to listen and engage
- not afraid to come forward and contribute new ideas
117
17: What are different needs that a leader must balance?
Needs of the team, needs of the individuals on the team, and the needs of the task at hand
118
10: What is the difference between professional misconduct and a breach of the code of ethics?
Professional misconduct itself is defined in section 72, and openly states that a sole breach of the code of ethics from section 77 is not included within the definition of professional misconduct.
However, there are many sections of 72 that back up section 77 such as section 77 (2) (i).
Here section 77 states that the public welfare is paramount in engineering, which is the same as section 72 (2) (b) and (c).
119
10: When does professional misconduct occur?
Professional misconduct occurs when breaches in regulation 941, section 72 occur or when actions or lack of action contrary to this occur.
120
10: What actions are not permitted by R-941?
Non-permitted actions include performing work that an individual is not trained for, acting in an unprofessional manner, improper use of the seal. Omissions to required actions could consist of not taking into account public safety, failure to follow standards, not complying with PEO investigations, etc..
121
10: What is negligence?
Negligence occurs when an action affects another, and required standards are not met resulting in harm of another. Not all negligence is professional misconduct
122
10: What are the obligations of a professional engineer?
Obligations to the professional engineering act and code of ethics creates five categories of duty:
public, client, professional, and employer obligations.
Note that the code of ethics requires a engineering to disclose all conflicts of interests when working with a client.
123
16: What formula can you use and how can you use it to determine if people in your organization will be willing to change
Data x Vision x First Steps > Resistance to Change
If the above statement is true, people will change.
Provide a large set of data, provide a vision/sense of direction which shows why the change is necessary, and provide a plan of action with a jumping off point/first steps to convince them
124
10: What is the difference between professional misconduct and a breach of the code of ethics?
Professional misconduct itself is defined in section 72, and openly states that a sole breach of the code of ethics from section 77 is not included within the definition of professional misconduct.
However, there are many sections of 72 that back up section 77 such as section 77 (2) (i).
Here section 77 states that the public welfare is paramount in engineering, which is the same as section 72 (2) (b) and (c).
125
16: What model of hierarchical organization is best suited to deal with change?
Flatter pyramids with decreased number of management and more shared decision making
126
16: In traditional organizations, is it seen as better to take no action or to take action and fail
It is seen as better to take no action
127
15: What are the four main pieces of legislation that deal with diversity in Canada
Canadian Multiculturalism Act
-recognizes aboriginal rights, and minorities rights to enjoy their culture
Canadian Charter of Rights and Freedoms
-discrimination is illegal and any legal agreement can be made invalid if it is found to discriminate
Canadian Human Rights Act
-individuals have the right to equal opportunity
Canadian Employment Equity Act
-requires all employers proactively increase representation of designated groups: women, people with disabilities, and Aboriginal people
128
16: Which type of leadership helps enable work and decision making instead of just directing it?
Facilitative leadership
129
15: What is the approximate current percentage of engineers who are women
20%
130
10: What is the precedence of section 72 versus 77?
In a situation involving incorrect direction from a client or employer section 72 (2) (c), which outline failure to act endangering the public, can take precedence over section 77 (1) (j), loyalty to employer or client.
This may result in an engineering “whistleblowing”
131
11: What is important about negligence and contracts?
Negligence does not require a contract to be created, and that a breach of contract can include poorly performed actions, therefore two torts can be made for once situation, this affects the measure of damages.
132
11: What system of law is used everywhere in Canada except Quebec?
The common law system applies in all provinces and territories of Canada except Quebec.
In this system the principle of stare decisis is applied; meaning decisions formed by a court and a judge form a precedent, and a decision made in a higher court will be applied to the lower courts.
133
11: What system of law is used in Quebec?
In Quebec the French tradition of the civil law system.
Here the main source of law is from the Quebec Civil Code, these codes take precedence over the decisions of the courts when a court is making a judgement on a case.
134
14: What is the backbone of OHSA?
The Internal Responsibility System (IRS)
- outline the needs for health and safety rep. (6-19 ppl workplace), or joint health and safety committees ( 20+ ppl workplace)
- JSHC must have >1/2 ppl be workers
135
12: What governs patents in Canada?
A patent is governed by the Patent act in Canada
It gives the inventor exclusive non-renewable rights for 20 years from application to make, use, sell or process the invention.
136
11: A intentional tort is what?
A intentional tort can include assault, libel and slander, intentional infliction of mental suffering.
137
11: What is a negligence tort?
A negligence tort can include “slip and falls”, product liability, motor accidents, professional negligence.
A negligence tort can only occur if there are the following components to the case;
1. A duty to care exists with a profession, this duty to cares standard has been breached
2. A direct link or cause between defendants’ negligence and a plaintiff’s loss
3. The damage was foreseeable at the time of the breach in the duty of care
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11: What is a negligent misrepresentation tort?
A duty of care based on a special relationship between two parties must exist and can be claimed if a professional makes a misrepresenting claim that is untrue or misleading and that this claim negatively affects the other person.
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11: In what period can a engineer be sued, what act created this period?
Engineers can be only be sued within two years of any claim being discovered, this is outlined in the Limitations Act of 2002.
This two-year period is calculated from the time that a person should have known or discovered this act or omission not necessarily since the actual event itself.
Note that there is a limit of fifteen years from the time that act or omission occurred to any proceedings taking place.
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11: How do you defend against a breach of contract claim?
A defense an against a breach of contract claim may be to try to prove the contract was legally invalid, that there was in fact no breach or that the breach did not result in damages, or possibly no duty of care in this category of contract.
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11: What happens when a contract is breached?
Once a contract is created a breach of contract can be alleged and compensation may require damages to plaintiff caused by the breach, or damages resulting form the breach were foreseeable.
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15: Has Canada's birthrate been increasing or decreasing since the turn of the 20th century?
Steadily declining
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15: Approximately what percentage of Canadians are not born in Canada
~20%
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15: How is diversity defined?
Diversity is defined as any difference between a individual and a group.
eg. ages, cultures, physical abilities, religions, genders, sexual orientations, and neurodiversity
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15: What are the four main pieces of legislation that deal with diversity in Canada
Canadian Multiculturalism Act
-recognizes aboriginal rights, and minorities rights to enjoy their culture
Canadian Charter of Rights and Freedoms
-discrimination is illegal and any legal agreement can be made invalid if it is found to discriminate
Canadian Human Rights Act
-
Canadian Employment Equity Act
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15: In a situation where health and safety disagrees with Human Rights, which one overrules?
health and safety considerations overrule Human rights in situations where the two disagree.
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12: What happens if you give up a copyright?
Moral or integrity rights mean that you have the right to be associated with or maintain the integrity of the work even if you have transferred the copyright to another or to a company.
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11: What is the goal of a negligence claim?
For a negligence claim, the objective is to restore the plaintiff to their position at the time the negligence occurred.
For the plaintiff to have these restorative actions taken they must prove the damages exist and were foreseeable, and that thee was causation on part of the defendant and that the plaintiff has taken mitigative actions to lessen damages.
The plaintiff will only be awarded compensation for what is proved in court, not in their original claim.
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11: What are the two forms of professional liability insurance?
1. Occurrence based, which covers actions during the policy term
2. Claims based which covers claims made during the policy term.
Note that not all policies will cover legal fees for a claim and will not cover unreasonably assumed risks.
Expectations:
An insured is expected to complete the applicated honestly, to notify the insurer of a claim, and to co-operate fully with the insurer in the investigation and resolution of a claim.
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14: What Ontario regulation says that P.Eng's have a duty to act with competence and due diligence and safeguard public welfare?
Ontario regulation 941 - Professional Engineers Act Section 77 - Code of Ethics
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```
14: How many deaths due to workplace incidents or occupational diseases occur in Ontario each day?
1
1.6
2
2.6
3
```
2.6
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14: What three legislations protect health and safety at work?
Occupational Health and Safety Act (OHSA)
Canada Labour Code Part II
Criminal Code of Canada
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14: Under OHSA, what are your three most basic rights as a worker?
The right to know (about potential hazards)
The right to participate (in health and safety policy in their workplace)
The right to refuse (unsafe work)
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14: Who enforces OHSA?
The Ministry of Labour (MOL)
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14: What powers does the Ministry of Labour have?
MOL inspectors can enter any workplace without a warrant to perform an inspection, lay charges, or issue orders to stop work; when the OHSA is violated fines or jail time can result.
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14: What responsibilities does an employer have under OHSA?
-provide info and training for all jobs and info of hazardous tasks and substances
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14: What responsibilities does a supervisor have under OHSA?
- provide info and training for all jobs and info of hazardous tasks and substances
- must also monitor employees to ensure they are properly using safety equipment
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14: What responsibilities does a worker have under OHSA?
- obey legislation
- use tools, machines, and equipment safely
- report hazards to a supervisor
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14: In the construction industry, who is the constructor responsible for?
Every employee working on the project, even contractors
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14: What are the two main types of hazards?
1. Those that cause injury
| 2. Those that cause illness
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12: What is a patent?
A patent is a bargain between a nation and a inventor which gives a monopoly on a useful “novel” invention in exchange for a full technical document describing the critical aspects of the invention.
Methods of medical treatment cannot be patented, anything that requires an individual’s skill, or a pure theory cannot be patented.
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12: What can be patented?
It has been shown that essentially anything that has been shown to be novel and “useful” can be patented from a pre-made sandwich to software.
However, things such as genetics, biological material or genetical engineered life have been debated as patentable but are currently not in Canada.
Business practices such as the Amazon model have also been patented in Canada, and this is a new area of patenting. Note that methods of medical treatment cannot be patented, anything that requires a individual’s skill or a pure theory cannot be patented.
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12: Why are patents useful?
1. Research, a patent database can be a very useful resource for research to see what has been previously done.
2. Patents are important protection for engineers to protect their ideas.
3. Patents are very useful as a source of income from licensing of a patent to others, it allows for ownership and protection of an invention.
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12: Who is the owner of a patent?
A inventor is generally considered the owner of a invention if they were first to file the application or unless they have signed those rights to someone else as a contractor.
However, as a employee, even if you invent something and are technically the first owner, you sign your owner shift over to the company so they receive the profits.
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12: What are important tips when working on a patent?
1. Never talk about your inventions until you have filed for a patent as this would break the non-disclosure requirement of receiving a patent.
However, there is generally an exception for individuals and small business, however it is always best to get anyone you talk to about the idea to sign a NDA.
2. Document your work process in a bound notebook, print and sign key files, or direct computer logs as this helps with the patent application.
3. It can also be useful to talk to a patent agent before you apply for the patent
4. Apply for a provisional application that allows for an extra year of work under a patent pending, this can even be constituted as power point slides.
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12: When would a patent be avoided?
There are instances where you’re or a company do not want to file a open teaching or patent for other to see or have something that may only be profitable for a few years and don’t want to go through the process of getting 20 years of exclusivity.
In this case a trade secret can be used, and applied to research, “know-how”, or inventions.
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12: What is a trade-secret?
A trade secret has no time limit, unless its made public which removes all protections, there is no act governing this in Canada and so should only be used for products that can not be easily reverse engineered, and kept on a internal need to know basis with some form of security.
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12: What constitutes a industrial design patent?
Industrial designs focus on the appearance of a product, not its function and so has a restricted scope and has a 10-year time limit from registration not application.
They can be a useful supplement to a patent to protect a product, it can also be much cheaper then a patent.
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12: What is a trademark?
Trademarks must distinguish your goods or services from your competitors, it asks as an adjective for your goods. They can be protected by registration or by common law, meaning use of the trademark.
A trademark can come in the form of a slogan, logo, sound, scent, shape, or words.
There is no time limit for a trade mark, an initial registration will last 15 years but can be renewed indefinitely and will protect use of the trademark and even use of a confusing or similar trademark.
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12: What cant be trademarked?
Note that a purely functional object can not be trademarked. Even though a trademark can be defended under only common law, without it being registered, it is hard to defend against infringement in a location where your brand is not known. Therefore, it is best to register the trademark as it will automatically be defensible within the entire nation.
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12: What is copyright?
iIt applies to almost everything created or written automatically, and protects against copying
Does not allow exclusive protection meaning others may recreate the work
Only has a time limit for the lifetime of the creator plus 50 years.
A copyright can be registered to help if legal arguments arise but is not necessary but allows for the copyright symbol to be applied.
Copyright registration is very cheap but can be difficult for computer programs as they can change with updates and does the source code change count as a recreation.
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12: What happens if you give up a copyright?
Moral or integrity rights mean that you have the right to be associated with or maintain the integrity of the work even if you have transferred the copyright to another or to a company.
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14: What are three different types of illness?
Acute: immediate symptoms, short-term
Chronic: long term effects
Latent: effects take a while to show up and then are long term
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14: What are the four main route of entry for hazards to get into the body?
Inhalation
Ingestion
Absorption
Injection
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14: What are the different categories of Hazard?
Physical (equipment, noise, electricity, vibration, radiation, etc)
Biological (infectious disease, bacteria)
Chemical (dust, vapor, fumes, gases)
Ergonomic (repetitive motion)
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14: Where are three places where hazards can be controlled?
At the source -> best solution
Along the path-> second best
At the worker->worst solution
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14: What is a Pre-start health and safety review?
A review aimed at ensuring hazards are removed or controlled before a system or process is used in a workplace
Engineer is responsible for determining if a PHSR is required
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13: What act establish employment standards?
The employment standards act of 2000 establishes a minimum standard for all employment such as hours of work, breaking periods, and the standard work week with weekends. Overtime pay is also defined, as well as minimum wage, holidays and vacation, and notice of termination regulations. Note that common law also outlines some regulations for termination and severance. Unpaid job-protection leave is also defined in the employment standards act such as; parental, bereavement, personal emergency, medical, caregiver, and reservist leave.
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13: What groups have exceptions to the Employment Standards Act?
Professional engineers and students in training are exempt from emergency leave when it can result in professional misconduct as well as standards hours of work, overtime, minimum wage, public holidays, and paid vacations. However, notice of termination and severance pay still apply.
Similarly, managers and IT professionals are exempt from the defined periods of work and overtime pay as they are deemed essential for the business to run.
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13: Who is responsible for employment standards?
The ministry of labour is responsible for processing complains with regards for the employment standards act and investigating such complaints.
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13: What labour act is used in Ontario and who enforces it?
The ministry of labour is responsible for processing complains with regards for the employment standards act and investigating such complaints.
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13: What does the Ontario Labour Relations act protect and for who?
Protects the rights of employees to form a union when the majority of employees in the workplace agree to create a union.
This act applies to all workplaces except emergency service workers, public service employees, civil servants in the justice system, managerial staff, federal employees, and employees covered by a unique bargaining agreement such as the police force.
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13: What is a trade union and what does it do?
A trade union works to protect a specific set of employees and can be recognized and gain bargaining rights after applying for certification with at least 40% of employees supporting the idea, after which a vote is held and 51% of employees must agree to form the union in order for it to gain its certified status.
If the employer interferes or discourages the vote and violates the act then automatic certifications of the union will occur.
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13: What does a certified trade union do?
Once certified the union becomes the sole organization that can bargain on behalf of all employee’s part of it.
After the union is certified a notice to bargain is served to the employer and negations can begin.
The resulting collective agreement will establish benefits, workplace conditions, wages, etc. as well as certain requires provisions such as no strike or lock outs, arbitration provision, union recognition, etc..
With a notice of bargaining, all terms of conditions of employment are frozen and can only be changes through the grievance/arbitration process.
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13: How does negotiation occur with a union?
The labour relations act also requires both parties to negotiate in good faith requiring them to try to solve the disagreement; a conciliation officer will be called in when both parties fail to come to a collective agreement and is appointed by the Ministry of labour.
With regards to strikes and lock-outs, these can only occur after conciliation must be tried without success and they allow for picketing, but also for replacement works to be used in place of the striking workers.
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13: What are special provisions for the Construction industry and its unions?
1. The union is based on the trade and references to a specific area in the province, this is due to differencing economics over the province.
2. There is a province wide structure for industrial, commercial, and institutional sectors.
3. Certification of a union is automatic if it has 55% support of the workers.
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13: What does the occupational health and safety act (OHSA) aim to do?
It is aimed making employers provide safe workplaces for its employees.
A professional engineer is in violation of the act if they are negligent give advice leading to endangerment and injury of workers.
The act requires a health and safety representative for the workplace as well are an occupational health and safety committee for larger workplaces.
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13: What rights does OHSA give a worker?
The worker reserves the right to stop work they feel is unsafe, this action will be reviewed by an inspector who will give direction on whether to resume work or have changes made to the workplace.
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13: What can be the result of a OHSA inspection?
Workplace inspections occur regularly and are not only on a complaint bases, if violations are recorded prosecution can occur from the Ministry of labour.
Unlike other criminal prosecutions, the Crown only needs to prove the accident or violation occurred, and the employer/defendant must prove they took steps to avoid this incident.
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13: What is the result of a OHSA violation proven in court?
A corporation can be fined up to $500,00 dollars plus fees and individuals can be fined up to $25,000 and/or one year in prison.
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13: What is Bill-C45?
Bill C-45 from 2004 applies to every Canadian workplace and allows management of corporations to be found criminally responsible for any health and safety violations and also for the organizations itself to be fined. Penalties for corporations are fines up to $100,00 for a conviction and limitless fine on indictment. Individuals face life imprisonment for criminal negligence and 10 years for causing bodily harm.
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13: What is a Bill 168?
Bill 168 is a amendment to the OHSA, aimed at risk assessments and policies to prepare workplaces for workplace harassment or violence that must be reviewed annually and developed by a employer.
Employers now have to take reasonable precautions to protect employees from domestic violence and to provide training to recognize symptoms and for how to deal with it.
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13: What does Bill 168 define harassment as?
Harassment is protected in the office, worksites, washrooms, social functions, travel, off-site meetings, electronic communications, etc..
Harassment can be classified:
- physical
- verbal
- psychological
- visual
- racial
- sexual
- abuse of authority
- electronic.
It can also be a single incident or a bullying pattern and does not need to be intentional.
It also requires for the victim to identify it as harassment and for a objective reasonable outsider to find the conduct and harassment.
Bullying is also classified as harassment and can be classified as deliberate actions that are aimed to humiliate, intimidate, or undermine as well as lack of action such as withholding resources.
Ontario human rights code states that no individual can be discriminated against and to not be harassed.
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23: Federal Bill C-28 – Canadian Anti-Spam Law
Aims to prohibit spamming by unsolicited commercial electronic messages in all cases, unless consent has been obtained or the recipient and opt-out and must also include the senders contact information. This does not apply for relationships that are pre-existing.
