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NPPE > NPPE Topic 2: Professional Practice Pt 1 > Flashcards

NPPE Topic 2: Professional Practice Pt 1 Flashcards

1
Q

What is a professional?

A

An individual that has a special skill which gives them the ability to see things invisible to someone without that skill.

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2
Q

When would negligence occur?

A

Occurs when professionals don’t exercise the care and skill of a reasonably prudent practitioner in that circumstance

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3
Q

What is negligence?

A

An act or an omission in the carrying out the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain in the circumstance

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4
Q

What is due dilligence?

A

the amount of carefulness that you ought to have in that circumstance

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5
Q

Fulfilling your due diligence requirements means never being _____

A

Negligent

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6
Q

3 things that need to happen to be liable in tort

A
  1. You owe someone a duty of care
  2. You breech this duty
  3. That person (or corporation) suffers an injury as a result of your breech
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7
Q

Duties of directors in a corporation

A
  • act in the best interest of the corporation and with care and due diligence and skill of a reasonably prudent person in that circumstance
  • disclose any conflict of interest
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8
Q

Duties engineers owe to employers:

A
  • act at all times with fairness and loyalty to the practitioners associates, employer, clients, and employees
  • Keep employers information confidential
  • Disclose any conflicts of interest
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9
Q

Duties to employee do not overrule your duties to ____

A

Public welfare

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10
Q

Can you be charged for professional misconduct for something done abroad even if it is legal there?

A

Yes

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11
Q

You must practice in such a away so that you meet the ___ and ___ of the law

A

spirit (intent of the law)
letter (what the law technically says)

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12
Q

A duty to be loyal to employers and clients means to

A

Act in their best interests

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13
Q

What is a secret conflict of interest?

A

When your motivations interfere with each other & you do not disclose those motivations

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14
Q

Secret conflicts of interest are the problem. The solution is to:

A

disclose them to clients before starting the job

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15
Q

Assume all information you learn about your employer or client while working for them is ____

A

confidential

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16
Q

For confidential information on your company, you must keep it a secret unless _______. Though, it is better to _______ to correct the problem.

A

Public safety is at risk
Work with the company

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17
Q

Should you keep confidential information a secret?

A

Yes

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18
Q

Should you keep conflicts of interest a secret?

A

No

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19
Q

Managers have an obligation to contribute to the _______ of their employees

A

professional development

20
Q

If you are reviewing the work of another professional, you must:

A

let the other practitioner know you’re going to review their work (you don’t need their consent)

21
Q

The federal government can enact legislation regarding the following:

A
  • trade and commerce
  • taxation
  • navigation and shipping
  • baking
  • bankruptcy and insolvency
  • patents
  • copyrights
  • criminal law
22
Q

The provincial government can enact legislation regarding the following:

A
  • taxation for provincial purposes
  • all local works and undertakings (unless they effect two or more provinces)
  • incorporation of companies
  • property and civil rights
  • administration of justice (provincial courts)
  • provincial matters
23
Q

What is a lien

A

A lien is a claim for partial ownership of land that you’ve improved if you weren’t paid for the work to improve it

24
Q

What type of work would be covered by a lien

A
  • direct materials
  • labor of trades persons and construction workers
  • professional services
25
Q

What is the Statutory Holdback

A

To avoid liens, owners need to hold back some of the money they were going to pay to the general contractor until the deadline for subcontractors to file a leans has passed.

26
Q

What does the Provincial Ministry of Labor, Training, and Skills Development do?

A
  • develops and enforces labor laws
  • advances safe, fair workplace practices
27
Q

What are the (provincial) Employment standards acts?

A

set rules for wage payments, hours of work, overtime, vacation, public holidays, leave (parental, sick, etc), termination and severance pay

28
Q

Where does the Canadian Labor Code apply?

A
  • applies employment standards to some industries that are regulated by federal government over provincial
  • territories
  • first nations
29
Q

The Canadian Labor code governs:

A
  • strike and lockout rules
  • occupational health and safety
  • employment standards
30
Q

What is a risk?

A

the effect of uncertainty on objectives (bad thing that could happen if certain conditions take place)

31
Q

What is risk management?

A

Identifying & evaluating risks
Developing and implementing plans that minimize the likelihood or impact of those risks

32
Q

What is hazard analysis?

A

a type of risk management specific to safety risks in products or processes

33
Q

Hazard Analysis 4 steps

A
  1. Identify
  2. Eliminate (remove hazard entirely)
  3. Shield
  4. Warn, Remedy, Recall
34
Q

What is a liquidated damages provision?

A

A term in the contract that writes what the damages would be to compensate for a loss you could have caused due to breeches in the contract.

35
Q

What is forced majeure provision?

A

A term in a contract that extends the completion deadline (or provides other remedies) in the event of a unforeseeable external factor that could delay performance

36
Q

Examples of forced majeure provisions?

A

war, riot, labor dispute

37
Q

What is insurance

A

A way of recovering from a loss of things (property insurance) or damages form being sued (liability insurance)

38
Q

What you need to do to receive insurance compensation?

A
  • the loss to be in your policies list of perils covered
  • the peril to occur within the coverage period
  • make a claim to the insurance company
  • pay the appropriate deductible
  • cooperate with the insurance company
39
Q

Insurers have a duty to:

A

To indemnify (pay relevant losses to insured), a duty to defend (pay legal fees of insured), a right to subrogation

40
Q

What is subrogation?

A

If a general contractor is sued and their insurance company pays out the claim, their insurance company can can sue the subcontractor (if it is the sub’s fault) to recover the damages they had to pay out defending the general contractor

41
Q

What is a duty of good faith that insured have?

A

Insured have to tell the insurance company all relevant information; don’t mislead them when entering the policy

42
Q

Are holders of a P.Eng license are required to have professional liability insurance before they can offer engineering services to the public?

A

Yes

43
Q

Can you practice without professional liability insurance?

A

Yes, only if:
Before entering into an agreement to provide professional engineering services, the holder notifies each person that will be receiving professional services that the holder is not insured and receives written authority to provide services without insurance

44
Q

What does quality management mean?

A

Taking steps to ensure that products or services meet at least certain minimum standards

45
Q

Engineering services must be done at a quality that will achieve ____

A

Protection of public welfare

46
Q

What is Due Diligence

A

acting with the amount of knowledge, care, and skill that a person who would usually be expected to complete that task would exercise in the circumstances.

47
Q

The amount of diligence needed depends on:

A
  1. The complexity of the task
  2. The amount of safeguards for errors (how many people are checking over the work)
  3. The amount of people relying on the work to be done correctly
  4. Severity of consequences if it’s done incorrectly

NPPE (8 decks)

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