III. Professional Practice

Question 1

Who has to answer for a professional misconduct claim levied against an engineering firm?

Answer 1

The named professional on the firm’s permit to practice.

Question 2

What is the definition of due diligence? Why is it imporant?

Answer 2

Taking all reasonable steps to satisfy their statutory obligations. Important legal defense.

Question 3

What should a professional do when in a different country and no laws exist for a specific situation?

Answer 3

Follow the code of ethics.

Question 4

What dictates the legality of professional practice?

Answer 4

Your provincial/territorial association.

Question 5

What does meeting the spirit of the law entail?

Answer 5

Understanding not just the words, but the intent under which the law was created.

Question 6

How can a professional maintain their competence?

Answer 6

Participating in a professional development program.

Question 7

Define conflict of interest.

Answer 7

When a person is presented with a situation where making a certain decision could lead to a personal gain.

Question 8

What is expected conduct in a conflict of interest?

Answer 8

To disclose the conflict to all parties right away.

Question 9

What is a perceived conflict of interest? Give an example.

Answer 9

When there is no conflict but appears to be. If you were to hire someone with the same last name as you who isn’t related.

Question 10

When can your duty to a client be breached?

Answer 10

Your work may be potentially unsafe to the public.

Question 11

When would the review of another professional’s work without that professional’s permission be permitted? (3 answers)

Answer 11

1. If for public safety reasons.
2. A lawyer requests it and the review is to be confidential.
3. The review of a proprietary matter such as a trade secret.

Question 12

What should you do to best serve the client when some of your work is outside if your area of competence?

Answer 12

Bring in outside experts and specialists.

Question 13

Are non-statutory standards/codes legally enforceable?

Answer 13

No.

Question 14

What are the three lenses through which standards and codes can be looked at? Explain.

Answer 14

Professional: expected you follow your profession’s code of ethics.
Legal: your standards and codes that you follow must comply with the law.
Social: what does the public expect me to do? E.g. limiting environmental damage/excessive construction noise.

Question 15

What is finality?

Answer 15

A concept where certain disputes must achieve a resolution from which no further appeal may be taken.

Question 16

When may a professional deviate from a standard/code?

Answer 16

1. If new information reveals that a design code contains an error.
2. If in an industry where standards are typically low.

Question 17

What is the SCC and the ISO?

Answer 17

• Standards council of Canada.

- International Organization for Standardization.

Question 18

What is the difference between a standard and a code?

Answer 18

Standards typically describe the features of the material.

Codes describe how something is made or constructed.

Question 19

What is risk management?

Answer 19

Identifying, reducing, and eliminating hazards.

Question 20

What are the 4 main types of risks?

Answer 20

• Occupational health and safety
• Environment and health of public
• Legal and financial
• Reputational

Question 21

What is the purpose of commercial general insurance?

Answer 21

Protect a business from liability claims for bodily injury and property damage arising out of premises, operations, products, and completed operations; and advertising and personal injury liability.

Question 22

What is professional errors and omissions insurance?

Answer 22

Insurance that covers negligent acts in your professional work.

Question 23

What is the statute of limitations for suing in Alberta?

Answer 23

2 years.

Question 24

Is errors and omissions insurance compulsory?

Answer 24

Yes, but only in NB, Newfoundland and Lab., and Quebec. Not in AB etc.

Question 25

Are quality management standards legally binding?

Answer 25

Not in general.

Question 26

What is Six Sigma?

Answer 26

A quality management system that ensures near perfection.

Question 27

How can a professional validate that the software they are using is acceptable and accurate?

Answer 27

• Reading through all guidelines on how the software works and what principles it uses.
• Performing “dummy runs”, where the answer is known.

Question 28

Can open source code be copied and used for commercial purposes?

Answer 28

Not without the owner’s consent.

Question 29

What is authentication of a document?

Answer 29

The applying of a member’s stamp, signature, and date to a document.

Question 30

What are the 4 requirements for e-stamping in Alberta?

Answer 30

• Show image of stamp
• handwritten signature
• date
• APEGA certificate

Question 31

Can a professional stamp someone else’s work?

Answer 31

Yes, only if thoroughly reviewed.

Question 32

What are the 5 factors of quality record keeping?

Answer 32

1. Authenticity
2. Integrity
3. Accuracy
4. Completeness
5. Trustworthiness

Question 33

How long should you account that the format of your records be accessible?

Answer 33

10 or more years from filing.

Question 34

What is duty to inform?

Answer 34

Bringing an issue forward to someone or a group that can help you take corrective action to remedy the situation.

Question 35

What is whistleblowing?

Answer 35

Act of notifying others outside the company of information of activity that is considered illegal, unsafe, or unethical.

Question 36

When is whistleblowing appropriate?

Answer 36

Only after resolving it internally has not been successful. Last resort.