NPPE Topic 3: Law for professional practice Part 2 Flashcards
What is a injunction
Judges can order injunctions to stop working in an area
Different forms of buisinesses
Sole proprietorship, partnership, corporation
Portions of a corporation business forms
Owners are shareholders and are represented by the directors, managed by officers, and the company can go independently bankrupt form the operators
Partners (in businesses) have fiduciary duties to:
- act in the best interest of the partnership
- disclose conflicts of interest
- not take profits only for themselves
- not operate a competing business on the side
What are the duties of the directors of a corporation:
- Standard of care: act in the best interest of the corporation with care diligence and skill
- Disclosure of conflict: disclose any conflict of interest
What is “piercing the corporate veil”?
Courts will make the corporation be personally liable and criminally responsible if the corporation breaks the law or goes bankrupt due to fraud
Contract terms can’t do the following:
- violate employment standards
- violate the competition act
- violate your charter rights
- violate perfectional acts
What is dispute resolution?
If you have some disagreement when carrying out a contract, you can resolve it using dispute resolution
Order of dispute resolution (less enforceable to more enforceable)
- Negotiation (just talk it over)
- Mediation (talk over with mediator that gives legal advice)
- Project Neutral or Dispute resolution board (usually in contract terms for negotiating disputes - can be legally enforceable if taken to court)
- Arbitration (private company holds a hearing and is legally enforceable - both parties must agree to doing this)
- Litigation (one person sues and takes to court)
Different forms of Intellectual Property in Canada?
Patent, Trade secret, industrial design, trademark, copyright
What are the different types of bonds
Bid bond (tender deposit), performance bonds (contract bond), payment bond
What is a bid bond (tender deposit)
Guarantee that you will sign the final contract if you’re selected as the winning bidder
What is a performance bond (contract bond)
Guarantee by a bank or insurance company that you’ll perform your obligations in a contract
What is a payment bond
guarantee by contractor that they will pay subcontractors and suppliers
What are letters of credit
Generally, bonds are paid in the form of letters of credit - it is a guarantee from the bank that they will be paid directly by the bank if the person who the letter on behalf of will default on their obligations
What is a lien?
A claim for partial ownership of land that you’ve improved if you weren’t paid for the work that you did (includes material costs and work like that done by trades persons and professionals).
To avoid liens, owners hold back some of the money they owe to the general contractors until the deadline for subcontractors to file liens has passed.
Three rights according to the Occupational Health and Safety Act
- Right to Know
- Right to Participate
- Right to refuse Unsafe Work
If you’re injured on the job, you’re entitled to compensation through the _____________
Workers compensation board (WCB)
Do you have an obligation to report any illegal actions of your employer (professionally)? Are you legally protected for reporting these to regulators?
Yes
Yes
What is PIPEDA
Personal Information Protection and Electronics Document Act - a federal law on privacy that applies to federally/provincially regulated organizations that conduct business in Canada and governs how businesses handle personal information
What is the Privacy Act?
Governs how governmental agencies cover personal data
What is real property?
Land (that is registered)
What is a fee-simple right to property?
Allows you to do most things to property associated with ownership (sell, lease, rent, build). Usually what it means to “own land/property”. Government owns right to all real property if they pay you a fair amount.
What are chattels
Goods or personal property (non-land) such as car or watch
What are securities?
Publicly traded stocks, bonds
What does the Securities commission do?
Protects against insider trading and governs disclosing information relevant to a security trader’s decision to buy or sell
