NPPE Flashcards
under OHSA, how long does person have to appeal suspension
30 days to appeal to council
under OHSA, council can split into divisions, how many minimum people per division
3
where it is found that the liability protection of a corporation is being used to protect an individual perpetrating a fraud, the courts will
refuse to recognize seperate identities
what is fundamental purpose of tort law
to compensate victims, not to prosecute wrongdoers
engineer’s standard of care
use the care and skill similar to other competent engineers
strict liability
worker who was negligent still receives compensation
three other torts
tort of defamation
occupier’s liability - need to protect those thatcome onto yourproperty
tort of nuisane, enjoyment of ones own land
time limit to sue for tort
6 years
letters of intent
are not enforceable contracts
if there is no consideration in a contract it is not enforceable, what is consideration
exchange of something of value
what do contracts without consideration NEED to have
a seal, corporate or personal
equitable estoppel is where there is no consideration or seal to an agreement , give and example
aperson was allowed to make late payments, they are protected from the other person getting mad that they are making late payments
a contract between an engineer and client is usually not binding under statute of frauds. how long is this potentially verbal contract binding
1 year
contract of guarantee
needs to be in writing
indemnity
does not need to be inwriting
what are the two types of misrepresentation in a contract
innocent
fraudulent (knowingly, recklessly, without belief in truth)
what is a unilateral mistake
mistake by one party in a contract
what are the two contracts during tendering
contract A - during bidding
contract B - construction phase
under the competition act, what are the three things that are illegal?
misleading advertising
bid-rigging
conspiracy
what is allowed under the competition act
certain activities of trade associations
when is a committee required
when 20 or more workers are employed
professional regulatory bodies do not publish
codes of ethics, they adopt them
quantum meruit is when
there is no contract and someone deserves compensation for work done
what kind of law system does quebec have?
civil law, which is a statute law system, which mean legislation. Quebec does not have common law system
what does labour law deal with union
union - management relationship
union-employee relationship
typically governed by provincial legislation
what are the three ESAs?
phase 1 - info gathering
phase 2 - site sampling
phase 3 - remediation
each phase needs to be recommended by the previous phase
part of iso 9000 is to create a quality manual. the manual documents what?
- quality policies for companies operations
- quality assurance procedures (20 clauses from 9000 standard)
- qulaity process procedures (all of company’s production processes)
- quality proof (ie documentation proving that the system works)
what is the order of complaints?
registrar –> Investigative committee –> discipline committee
when is a prime contractor required?
when there are two or more employers wokring on a site at the same time
if there is no agreement for prime contracting
the owner is considered the prime contractor
