Extra Definitions

Question 1

Investigation or Complaints Committee

Answer 1

To investigate complaints from members or the public regarding the conduct or actions of a member, a CofA holder, or license holder. The complaints committee may take the matter to the discipline committee only after the complaint has been fully investigated and the accused has had a chance to explain their actions.

Question 2

Liability Insurance

Answer 2

An insurance claim that protects the insured from 3rd party claims. For example, a claim against a professional for errors or omissions

Question 3

Rand Formula

Answer 3

A collective agreement term that requires employees to pay dues but doesn’t force them to join the union

Question 4

Parol Evidence Rule

Answer 4

Is a contract law rule that prohibits evidence that contradicts or adds to the contract terms that make up an agreement. The idea is that parties have summarized their agreement into a single contract and other terms should not be enforced without making an amendment to the contract.

Question 5

Incompetence

Answer 5

When a processional tries to practice outside of their skills and training where they are not able to do so properly

Question 6

What is the Canadian Constitution?

Answer 6

The basis for all legal authority in Canada. It divides power between the federal and provincial governments.

Question 7

Waiver

Answer 7

Giving up contract rights either verbally or by one;s action

Question 8

Discipline committee

Answer 8

Hears the allegations of a member, CofA, or license holder presented by the Complaints committee. It has the power to discipline the accused.

Question 9

Influence Paddling

Answer 9

Using your position in a company to support special groups or political parties

Question 10

Director’s Fiduciary Duty

Answer 10

The obligation to behave honestly, in good faith and in the best interests of the company

Question 11

Dummy run

Answer 11

Testing computer software to see that it can produce a known result, before relying on it

Question 12

Bid shopping

Answer 12

Happens when the price negotiations happen after the tender closes. Considered unethical by many

Question 13

When is moonlighting acceptable?

Answer 13

• there is no conflict (they are not competing for clients)
• you can adequately serve both
• you have informed client
• your employer knows and has agreed there is no conflict

Question 14

Quantum Meruit

Answer 14

When services have been requested and performed without a payment agreements in place. In such a situation, the courts will award an amount based on quantum meruit - “as much as reasonably deserved” for the time spent and materials supplied.

Question 15

Fraudulent Misrepresentation

Answer 15

A misrepresentation is an untrue statement or assertation of fact. It is fraudulent when the party knowingly or recklessly uses it to induce another party to enter into a contract. The misled party is usually entitled to the following: rescind the contract, claim compensation for costs incurred as a result of entering into the contract, and sue for damages for deceit.

Question 16

Enforcement

Answer 16

To prosecute an individual or entities that is practicing engineering without a license. Example: offering engineering services to the public without a CofA/permit to practice

Question 17

Difference between a P.Eng license and CofA?

Answer 17

CofA is a license issued that allows individuals or businesses to offer and provide professional engineering services to the public. The P.Eng allows an individual to practice for themselves or employer.

Question 18

Employment rights under Provincial/Territorial Human Rights Code

Answer 18

Race, ancestry, place of origin, colour, ethnic origin, creed, age, sex, sexual orientation, marital status, family status, records of offenses, or handicap

Question 19

What are the continuing professional development requirements?

Answer 19

60 hours per year for 3 years in the six categories: professional practice, formal, informal, participation, presentations, and contributions to knowledge

Question 20

Peer review (in the context of member discipline)

Answer 20

Retaining a professional engineer to oversee your work and ensure you are fulfilling your professional obligations such as it’s main duty to protect the public. It is a disciplinary penalty that can be required if you have been found of guilty of incompetency.

Question 21

What is a secret commission?

Answer 21

Accepting a secret gift from someone you have business relationships with.

Question 22

Per Diem

Answer 22

A daily rate of pay

Question 23

Deformation

Answer 23

An untrue statement made public that damages a reputation

Question 24

Repudiation

Answer 24

When one party to the contract informs the other that it has no intention of performing it’s contractual obligations.

Question 25

Labor Law

Answer 25

A type of law that helps us define the relationship between union and employees/management.

Question 26

Canadian Environment Protection Act

Answer 26

Focuses on preventing pollution and controlling toxic substances. It is administered by Environment Canada

Question 27

What must director do in a conflict of interest

Answer 27

Each director is required to disclose their personal interest in any material contract or transaction to which the corporation is involved. The director must not vote in any such contract or transaction.

Question 28

Vicarious Liability

Answer 28

The employer is liable for negligence of an employee that causes injury or damages, The purpose is to compensate the injured party and the employer is presumed to be in a better financial position that the employee.

Question 29

Do contract amendments need the same elements as a normal contract?

Answer 29

Yes.

Question 30

Duty to Warn

Answer 30

The professional’s obligation (in contracts or torts) to warn the client or others of impending damages to persons or property. This could be form not following the professionals’ advice or as simple as hazard identified on the job site.