Professional Law Flashcards
What is the Act and what is its purpose?
The Act is law passed by each province and territory to regulate the professions with an Association of Professional Engineers and Geoscientist. The purpose of the Act is to protect the public and Elected Council carries out the Act.
Who makes Regulations (rules that clarify the Act) and Bylaws (rules for running the Association)?
Elected Council
Some regulations include: • Conditions of enrollment • Academic qualifications • Professional conduct • Disciplinary procedures
Some Bylaws include:
• Fees
• Election procedures
• Committees
The Code of Ethics has 7 duties. They are:
- Duty to society – always listed first and paramount.
- Duty to employers - remain fair, confidential and loyal
- Duty to clients – remain fair, confidential and loyal
- Duty to colleagues – courtesy and good will
- Duty to employees and subordinates
- Duty to the profession – maintain dignity and prestige of profession
- Duty to oneself – payment and safe work environment
Do not take the code lightly as it is the basis for discipline among your Association.
What 7 things are required to be licensed as a P.Eng?
- Education (acceptable education from accredited organization)
- Experience (4+ years experience with 1 year in CAN)
- Good Character & Reputation
- Canadian Citizen (or equivalent)
- Age (18 or older)
- Knowledge (Professional Practice & Ethics, eg. pass NPPE)
- Language (meet the language competency requirement)
What is a reciprocity agreement?
Each Association that licenses P. Eng. and P. Geo. accepts application of a licensed professional from another province or territory. These are often referred to as Reciprocity Agreements and make it easier to register in more than one jurisdiction.
The following conditions must be met for a Reciprocity Agreement:
- Member of good standing and not disciplined in the past
- Supplies documentation
- Gives permission for Associations to exchange information
- Adheres to the new Competence rules
- Agrees to satisfy language requirements
If the duration of the project is temporary in nature then an out of province professional may receive a Temporary License to practice. The following is required for a temporary license:
- Qualified
- Knowledge (local codes, standards, and laws)
- Collaborating (local Association member on the project, which may be waived if very qualified)
What is Unlicensed Practice?
Unlicensed practice is simply practice of the licensed profession – as defined by the Act - without approval
What is Misuse of Title?
Misuse of Title is simply leading the public to believe one is an engineer or geoscientist without being licensed to do so.
Protected terminology includes:
• P. Eng. or P. Geo.
• Professional Engineer or Professional Geoscientist
• Engineer such as Software Engineer
• Geoscientist such as Oilfield Geoscientist
• Abbreviations of the above
Who enforces the Act?
The Association.
The purposes of these rules are not exclusivity but protection of the public by ensuring continuing competence, discipline and professional ethics.
What is the difference between discipline and enforcement?
Do not confuse discipline and enforcement. Enforcement is for non-members as the Association is enforcing the act.
Discipline is applied to licensed members.
The major purpose of engineering societies is as follows:
- encourage research
- classify information
- disseminate information
The difference between an Association and a society is that the Association regulates professional behavior, and the Societies disseminate engineering information
