P.Eng Study Flashcards

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1
Q

If a professional member, responsible for preparing the tender specs, discovers errors or deficiencies in the tender documents during the tender periods, the professional member should:

A) Deal with the errors or deficiencies by way of Change Orders after the contract is awarded.

B) Notify the owner and all bidders of the errors or deficiencies and provide them with amending information.

C) Cancel the bid and re-tender the project after correcting the errors or deficiencies.

D) Notify the owner, but not the bidders, relying on the bidders to identify the errors or deficiencies on their own and bid accordingly.

A

B) Notify the owner and all bidders of the errors or deficiencies and provide them with amending information.

Under: Liability for errors…
Once an error or discrepancy is detected in tender documentation, the best course of action is to inform all parties who are involved. It is not fair to withhold tangible info from bidders and cancelling the tender would increase cost and delay the work.

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2
Q

The Code of Ethics is established by:

A) The Provincial Ethics Commission

B) The Canadian Council of Professional Engineers and Canadian Council of Professional Geoscientists

C) An act of Legislature

D) The Provincial or Territoral Professional Association

A

D) The Provincial or Territoral Professional Association

Under: Codes of Ethics of Professional Engineers in Canada
- Provincial & Territorial Associations are self-governing and therefore they define codes of ethics and conduct by regulations or by-laws.
- Engineers Canada (CCPE, CCPG) can suggest for provincial consideration.
- Other legistlative acts or rules provided by Provincial Ethics commissions are not enforced.

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3
Q

Engineer is asked by manufacturer to provide service in quality control. A client that employs the manufacturer later approaches the engineer with a request to provide quality assurance services for the same project. What should the engineer do?

A) Accept the client’s offer and refuse work for the manufacturer as the client is paying the manufacturer and therefor has the advantage.

B) Provide serve to both as long as professionalism is maintained.

C) Refuse the client’s offer with full explanation that he has already been engaged by the manufacturer to provide quality control on the same project.

D) Refuse both offers so it will not create a conflict of interest between the manufacturer and the client.

A

C) Refuse the client’s offer with full explanation that he has already been engaged by the manufacturer to provide quality control on the same project.

Under: Code of Ethics
Working for the client of the manufacturer would create a conflict of interest.

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4
Q

According to provisions in lien legislation, which group listed below is not entitled to liens on improvements?

A) Engineers
B) Workers
C) Insurers
D) Material Suppliers

A

C) Insurers

Under: Statutory and non-stat standards and Codes of Practice

Workers and suppliers who provide services to a site can make claims and liens on property.

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5
Q

Which one of the following are not a requirement that a party must establish in order to be entitled to a lien in Ontario?

A) The party must supply services or materials

B) The supply must be to an improvement

C) The party must be licensed by PEO to provide professional services in Ontario

D) The supply to the improvement must be for an owner, contractor, or subcontactor.

A

C) The party must be licensed by PEO to provide professional services in Ontario

Under: Lien Rights in Ontario
There are three requirements that a party must establish in order to be entitled to a lien in Ontario. First, the party must supply services or materials. Second, the supply must be to an improvement. Third, the supply to the improvement must be for an owner, contractor or subcontractor.

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6
Q

Engineers have an ethics obligation to the public to take action if they observe an employer:

A) Engaging in unfair labour practices

B) Violating the law or safety requirements

C) Failing to respond to public concerns

D) Hiring sub professional personnel to do professional work

A

B) Violating the law or safety requirements

Under: Common Ethical Issues
Members have a duty to protect the public from unsafe or illegal acts. However, it is not good business practice to be unfair, inconsiderate to the public, or to cut corners on staffing.

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7
Q

Professional mobility allows professional members who are licensed by one Canadian association to be become licensed to practice by other Canadian associations on the basis of what?

A) Interprovincial trade agreements
B) The federal charter
C) Provincial legislation
D) Agreement on Internal Trade (AIT)

A

D) Agreement on Internal Trade (AIT)

Under: Admission to the Professions
The Agreement on Internal Trade (AIT) was an intergovernmental trade agreement signed by Canadian First Ministers that came into force in 1995. In 2017, the AIT was replaced by a new trade agreement, the Canadian Free Trade Agreement (CFTA)

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8
Q

A engineer working for a consulting company negligently designs a structure which collapses. In a suit brought by the owner of the structure, who is most liable?

A) The contractor that built it
B) The consulting company
C) The engineer responsible for the design
D) Both the consulting company and the engineer

A

D) Both the consulting company and the engineer

Under: Tort Law
All parties who have been involved may become liable. in reality, all of the parties that are insured will get sued and the court findings will sort out who pays what.

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9
Q

Consultant A (Arnold) has evidence that Consultant B (Bob) is taking advantage of an unsophisticated client by submitting invoices for work that was never done. Professionally, Arnold should initially:

A) Discuss the matter on an informal, friendly basis with Bob

B) Report the situation to the professional association.

C) Discuss the matter discreetly with Bob’s client

D) Do nothing

A

A) Discuss the matter on an informal, friendly basis with Bob

Under: Codes of Ethics of Professional Engineers in Canada

In situations where public safety is not an issue. Members should first attempt to resolve disbutes with the parties who are involved with an issue. Discussing issues with clients or another party could been seen as unfairly criticising a colleague in public.

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10
Q

A company installed emissions safety sensors. The company discovers that the emissions on a particular day exceeded acceptable statutory levels but neglects to report the incident to the environmental authorities. The consequences of failing to report are:

A) Only officials of the company could be charged.

B) Any employee, officer or director that knew about it and failed to report could be charged.

C) There are no consequences as long as the monitoring equipment is functional.

D) Only the engineer could be charged.

A

B) Any employee, officer or director that knew about it and failed to report could be charged.

Under: Human Rights and Privacy Legislation

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11
Q

Engineers working on projects in other countries must avoid payment of secret commissions, bribes, and kickbacks (which are sometimes part of the culture of some foreign countries) because, not only is it unethical behaviour, but it

A) Could cause an international incident

B) Cannot be documented as a legitimate project expense

C) Could be contrary to the laws of the foreign country

D) Could establish precent and level of expectation for future projects in that country

A

C) Could be contrary to the laws of the foreign country

Under: International Law

Members should not provide a commission, a gift, or other consideration in order to secure work; and should bide by all acts, regulations, by-laws, codes and stadards concering the practice of engineering in any jurisdiction in which they may practice.

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12
Q

Where a Corporation commits an offence under the Income Tax Act (Canada):

A) Charges are levied against the Corporation but both owners and employees are protected from charges by the Corporate entity

B) Only the Board of Directors is liable for the offence

C) The officer, director or agent who directed the offence is party to the offence

D) An audit of the Corporation must be conducted

A

C) The officer, director or agent who directed the offence is party to the offence

Under: Business and Labour Law

Directors and Officers are liable for unpaid assessments of taxes for a corporation.

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13
Q

Which of the following is NOT a function of a professional association?

A) Giving members an identity, status, and opportunities for professional development

B) Protecting professional members from public or governmental accusations or incompetence

C) Establishing standards of professional practice which members must meet or exceed

D) Ensuring that professional degrees meet certain standards

A

B) Protecting professional members from public or governmental accusations or incompetence

Engineering Associations protect public welfare

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14
Q

An injunction is best defined as:

A) A legal document used to repudiate a contract

B) A court order to restrain performance of an action

C) A breach of contract

D) An agreement to refrain from legal action

A

B) A court order to restrain performance of an action

Under: Civil Law
An injuction is a remedy issued by a court which compels a party in a contract ot undertake acts, or refrain from specific acts

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15
Q

In Canada, the practices of engineering and geoscience are regulated through legislation. Who is responsible for creating the legislation?

A) Federal government
B) Provincial or Territorial governments
C) Federal and P/T governments are jointly responsible
D) The National professional association

A

B) Provincial or Territorial governments

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16
Q

Arbitration most commonly takes place between disputing parties when:

A) They mutually consent to arbitration
B) The disbute is too small to be dealt with in court
C) It is a preliminary step to get into court
D) All other avenues for setting the dispute have been tried.

A

A) They mutually consent to arbitration

Arbitration is a substitute for the court system. it requires consent from the parties. The arbiters’ decisions are binding on all parties like a judges ruling.

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17
Q

True or False:
A professional member has a responsibility not to criticize professional colleagues in public.

A

True.

Legitimate claims should be referred to the appropriate association or body.

18
Q

A professional member under contract to the government, is assigned to work on an environmental protection project. Just as the design phase of the project reaches completion, the government announces a cutback which results in the project being terminated. The professional member has an ethical obligation to:

A) Reduce the fee charged for the job in proportion to the project completion since the entire job was never actually completed

B) Explain the environmental and economic consequences of the termination decision to the government

C) Release teh details of the possible environmental impact to the public

D) Take no action, since it was a government decision to terminate the project

A

B) Explain the environmental and economic consequences of the termination decision to the government

Under: Common Ethical Dilemmas

Members should disclose to clients the ramifications of their actions if they are overruled or disregarded.

19
Q

If a person applies to be registered as a member of the Association, the Registrar may refer that application to the registration committee if it appears that the individual may not be eligible for membership or:

A) That certain terms or conditions should be imposed on the individuals membership

B) That the individual has not provided sufficient documentation with the application

C) The Registrar has some doubts about the accuracy of certain statements made on the application

D) that the individual has a criminal record

A

A) That certain terms or conditions should be imposed on the individuals membership

Under: Discipline Procedures

20
Q

According to the Engineering Act, a professional member may be found guilty of unprofessional conduct or unskilled practice by:

A) Contravening the Criminal Code

B) Failing to take advanced coursees of study to maintain professional competence

C) Contravening a code of ethics of the profession

D) Submitting unfounded and vexatious complaints against another professional member

A

C) Contravening a code of ethics of the profession

Professional associations do not have a role in assessment of issues outside of the scope of engineering practice and codes of conduct.

21
Q

A Canadian professional association does not have the responsibility to discipline a professional member for

A) Unskilled Practice
B) Bribery or Kickbacks
C) Misconduct
D) Negligence

A

B) Bribery or Kickbacks

Professional associations do not have a role in assessment of issues outside of the scope of engineering practice and codes of conduct.

22
Q

An engineer was reviewing some plans for a prokect that was completed over 20 years ago. The plans were stamped, signed and dated by another engineer in 1986. What is the current status of these plans?

A) The plans are no longer valid vacause by statute, the stamp shall expire after 10 years

B) The plans become invalid one year after the project is completed

C) The stamp does not have an expiry date

D) The stamp itself does not have an expiry date, but the professional member’s responsibility for the plans ends five years after the project is completed

A

C) The stamp does not have an expiry date

Design and liability for stamped drawings do not expire.

23
Q

The Code of Ethics is a standard of professional conduct that is legally binding and enforced by which party?

A

The professional association

24
Q

How are professions in Canada usually regulated?

A) They are directly controlled by government acts

B) They are allowed to govern themselves under government acts

C) They are subject to the requirements of employers in relevant fields

D) They are subject to the requirements of colleges and universities with relevant programs

A

B) They are allowed to govern themselves under government acts

Associations are self-regulating based on Province/Territory acts

25
Q

A manufacturer of heat exchangers requested AAA Consultants to prepare a preliminary design for a heat exchanger and quotation. AAA Consultants submitted their preliminary drawings (marked “confidential”) and their quotation to the manufacturer.
The manufacturer then requested ZZZ Consultants for a quotation, based on the preliminary drawings produced by AAA Consultants.
The professional member employed by ZZZ Consultants should:

A) Refuse to provide a quotation

B) Report the situation to the Professional Association

C) Modify the drawing to provide a near-equivalent solution and provide a quotation

D) Request the manufacturer to provide a copy of the letter of release of confidentiality before preparing a quotation

A

D) Request the manufacturer to provide a copy of the letter of release of confidentiality before preparing a quotation

Under: Common Ethical Issues

The appropriate first step for a member is to resolve the matter amicably and consult the design engineer before using their design.

26
Q

What government authority is responsible for establishing and enforcing emission and air quality standards to ensure that pollution from industrial processes is responsibly managed?

A) Provincial Environmental Authorities
B) Federal Environmental Authorities
C) International Environmental Authorities
D) Provincial Environmental Authorities are primarily responsible with only some specific areas of jurisdiction which are the responsibility of the Federal Environmental Authorities

A

D) Provincial Environmental Authorities are primarily responsible with only some specific areas of jurisdiction which are the responsibility of the Federal Environmental Authorities

Under: Environmental Law

27
Q

A professional member who is on vacation in another province observes what she believes is an illegal environmental practice. What action should the professional member take?

A) none

B) Approach the individuals responsible for committing the act and tell them to stop

C) Report the suspected illegal environmental practice to the provincial environmental enforcement authorities.

D) Take phtos of the illegal environmental practice and send them to the local news

A

B) Approach the individuals responsible for committing the act and tell them to stop

Professionals must guard against conditions that are dangerous or threatening to life, limb or property, and on work for which they are not responsible, promptly call such conditions to the attention of those who are responsible.

28
Q

Most technical societies exist for the basic purpose of:

A) Enforcement of professional ethics

B) Generating, collecting and/or disseminating technical information

C) Protecting the public

D) Enhancing the image of the members

A

B) Generating, collecting and/or disseminating technical information

29
Q

In terms of professional responsibility, the standard of service is that which is:

A) Provided by experts in a specific field

B) Duty to prevent harm

C) Accepted by an appointed inspector in an appropriate field

D) Provided by a member of a professional association

A

B) Duty to prevent harm

Even in the absence of a contract, there is a duty for a professional owed to those to prevent injury or harm.

30
Q

Errors are contained in the specs and drawings prepared by a professional firm for inclusion in a government tender package. The successful tenderer suffers losses as a result of these errors and sues the professional firm. The most likely outcome of the lawsuit is that the professional firm is:

A) Not liable

B) Liable because there is no privity of contract between it and the successful tenderer

C) Liable for negligence

D) Liable for fraud

A

C) Liable for negligence

Tort Law

31
Q

According to the regulations accompanying the Engineering Act, an applicant may be asked to write a confirmatory examination to:

A) Complete academic deficiencies
B) Verify technical experience
C) Test communication abilities in English
D) Assess an engineering degree

A

D) Assess an engineering degree

Assess applicants who have non-accredited engineering degrees

32
Q

A proprietor who registers an industrial design is granted an exclusive right to use the design for a maximum term of:

A) 3 years
B) 10 years
C) 20 years
D) 50 years

A

B) 10 years

Under: Intellectual Property

33
Q

Which of the following is NOT an example of a force majeure event?

A) Natural Disaster
B) Labour Strikes
C) Transportation infrastructure failure
D) Financial Distress

A

D) Financial Distress

Force majeure is a contractual clause intended to “protect the parties from events outside normal business risk”

34
Q

Workers’ Compensation is based on which type of liability?

A) General liability
B) Occupier’s liability
C) Strict liability
D) Absolute liability

A

C) Strict liability

General liability insurance protects you when a client suffers an injury on your property and sues you for medical expenses. Workers’ comp insurance (strict or Employer’s liability) steps in when your employee is injured while working and makes a claim for coverage.

35
Q

An employee, working for a firm, prepares a set of drawings which involve what the employee believes is a unique and potentially valuable industrial design. Who owns the rights to this design?

A) The employee
B) The employer
C) Whoever registers the design under the industrial design act
D) Nobody, one cannot register an industrial design

A

B) The employer

36
Q

A professional member, who does not have a stamp, submitted plans for a project and was told that the plans needed to be stamped in accordance with the Act. To comply with this requirement, the professional member would:

A) sign the plans and affix their registration number

B) ask another professional member to authenticate the plans and stamp them

C) attach a copy of their license to the plans

D) stamp the plans using a colleagues stamp

A

B) ask another professional member to authenticate the plans and stamp them

This is typical anyways.. to have someone QC and stamp.

37
Q

With respect to Conflict of Interest, which of the following statements is true?

A) Duty to the public safety governs over duty to the employer at all times

B) Duty to the employer governs over duty to the client at all times

C) Duty to the client governs over duty to the profession at all times

D) Duty to the profession governs over duty to the self at all times

A

A) Duty to the public safety governs over duty to the employer at all times

Order of importance:
Public
Employer
Client

38
Q

If someone asks you to review another engineer’s plans and specs.. What do you do first?

A

As a courtesy, a professional must inform the other professional prior to review their work.

This can be bypassed if public safety is involved.

39
Q

The Canadian Labour Code is a Federal statute which regulates all of the following except:

A) Employee entitlement to holidays and vacations

B) An employees right to refuse to perform unsafe work

C) The basis on which an engineer who is a citizen and resident of the USA can work in Canada under the provisions of NAFTA

D) Certification of trade unions

A

C) The basis on which an engineer who is a citizen and resident of the USA can work in Canada under the provisions of NAFTA

Under: Statutory Standards and Codes of Practice

NAFTA is not part of Canadian Federal Law

40
Q

Which of the following best characterises a professional association?

A) It has been granted the right to self-govern by federal statute

B) It limits the right to practice only to those who have met certain criteria

C) It protects the public from technical work done by unqualified individuals

D) It binds its members by a distinctive ethical code in their relationship with clients, employees, colleagues, and the public

A

D) It binds its members by a distinctive ethical code in their relationship with clients, employees, colleagues, and the public

Both B and C are also correct but D is the most complete answer.

41
Q

Arbitration is best described as?

A) A procedure for supervising a contract
B) An expression of opinion of value
C) A method of preventing controversy
D) Dispute resolution via a process of adjudication

A

D) Dispute resolution via a process of adjudication

Arbitration is a private litigation or trial process which the parties set the rules and choose the judge (Arbiter)

42
Q

In order for the courts to consider that a contract has been discharged by frustration, it is necessary to establish that:

A) The parties cannot possibly agree on the terms of the contract

B) There has been an exceptional change in circumstances which could not have been foreseen by the parties to the contract

C) The material or labour required is not available to compelte the construction project in the time specified

D) One of the parties cannot possibly fulfill the obligations specified in the contract

A

B) There has been an exceptional change in circumstances which could not have been foreseen by the parties to the contract

Frustration or impossibility, occues when an unforeseen event occurs that makes the performance of the contract either impossible or of no value. Similar to Force Majeure (however, FM should be in the contract)