III. Professional Practice Flashcards
Who has to answer for a professional misconduct claim levied against an engineering firm?
The named professional on the firm’s permit to practice.
What is the definition of due diligence? Why is it imporant?
Taking all reasonable steps to satisfy their statutory obligations. Important legal defense.
What should a professional do when in a different country and no laws exist for a specific situation?
Follow the code of ethics.
What dictates the legality of professional practice?
Your provincial/territorial association.
What does meeting the spirit of the law entail?
Understanding not just the words, but the intent under which the law was created.
How can a professional maintain their competence?
Participating in a professional development program.
Define conflict of interest.
When a person is presented with a situation where making a certain decision could lead to a personal gain.
What is expected conduct in a conflict of interest?
To disclose the conflict to all parties right away.
What is a perceived conflict of interest? Give an example.
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.
When can your duty to a client be breached?
Your work may be potentially unsafe to the public.
When would the review of another professional’s work without that professional’s permission be permitted? (3 answers)
- If for public safety reasons.
- A lawyer requests it and the review is to be confidential.
- The review of a proprietary matter such as a trade secret.
What should you do to best serve the client when some of your work is outside if your area of competence?
Bring in outside experts and specialists.
Are non-statutory standards/codes legally enforceable?
No.
What are the three lenses through which standards and codes can be looked at? Explain.
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.
What is finality?
A concept where certain disputes must achieve a resolution from which no further appeal may be taken.
When may a professional deviate from a standard/code?
- If new information reveals that a design code contains an error.
- If in an industry where standards are typically low.
What is the SCC and the ISO?
- Standards council of Canada.
- International Organization for Standardization.
What is the difference between a standard and a code?
Standards typically describe the features of the material.
Codes describe how something is made or constructed.
What is risk management?
Identifying, reducing, and eliminating hazards.
What are the 4 main types of risks?
- Occupational health and safety
- Environment and health of public
- Legal and financial
- Reputational
What is the purpose of commercial general insurance?
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.
What is professional errors and omissions insurance?
Insurance that covers negligent acts in your professional work.
What is the statute of limitations for suing in Alberta?
2 years.
Is errors and omissions insurance compulsory?
Yes, but only in NB, Newfoundland and Lab., and Quebec. Not in AB etc.
Are quality management standards legally binding?
Not in general.
What is Six Sigma?
A quality management system that ensures near perfection.
How can a professional validate that the software they are using is acceptable and accurate?
- Reading through all guidelines on how the software works and what principles it uses.
- Performing “dummy runs”, where the answer is known.
Can open source code be copied and used for commercial purposes?
Not without the owner’s consent.
What is authentication of a document?
The applying of a member’s stamp, signature, and date to a document.
What are the 4 requirements for e-stamping in Alberta?
- Show image of stamp
- handwritten signature
- date
- APEGA certificate
Can a professional stamp someone else’s work?
Yes, only if thoroughly reviewed.
What are the 5 factors of quality record keeping?
- Authenticity
- Integrity
- Accuracy
- Completeness
- Trustworthiness
How long should you account that the format of your records be accessible?
10 or more years from filing.
What is duty to inform?
Bringing an issue forward to someone or a group that can help you take corrective action to remedy the situation.
What is whistleblowing?
Act of notifying others outside the company of information of activity that is considered illegal, unsafe, or unethical.
When is whistleblowing appropriate?
Only after resolving it internally has not been successful. Last resort.
