APEGGA.— PROFESSIONAL PRACTICE EXAMINATION ~ SUMMARY A. Professionalisin 1) Definition and interpretation of professional status. ‘+ Profession its an occupation that requires: © High levels of technical competence + High degree of responsibility = Application of seasoned judgment ‘+ Professional: it isa person with high levels of echnical competence, integrity and credibility. ‘© Professional Conduct: itis characterized by: = Competence, responsibilty and trustworthiness = Acquiting/ maintenance of technical expertise = Application of tis expertise inthe service of thers ~ Mature and seasoned judgment + _Selfregulation through an association of professionals = Paramount: protecting the safety and welfare ef the public and the environment ‘Professionalism as a Quality Control System: = Formal: Government and Professional Association = Informal: Employers, Unions, Voluntary Assoriations and Societies = APEGGA: Association of Professional Engineers of Alberta that establishes: © Standards for competence © Standards ofethies © Carries out enforcement and discipline ‘+ Characteristics of Professional: © Competent = Adesire of autonomy ~ Committed to and identified with the Professien = Ethical ~ Committed to Collegial Standards: Certification | Continuing competence Ethical practice Regulation and control Discipline 2) The role and responsibilities of a professional in society ‘© Primary responsibilty: protect the health, safety and welfare ofthe public and protect the environment,2 Professionals have a responsibilty to be aware of hazards to society created by their profession. Responsibility accepted forteir act. Report unethical practices. Caretaker role to the environment ‘©. Reduce / eliminate machine-made hazards (©. Reduce / eliminate degradation ofthe environment [Evaluating the risk to society: “the maximum good forthe maximum number of| people” Guidelines for environmental practice: ‘©. Education: to understand environment issues Interdisciplinary approach: using expense of specialist Professional judgment Integration: including environmental considerations in projects Environmental cost assessment: including costs of environmental protectionemediation in costs analysis of projects. Pollution prevention and waste management Cooperation with Public authorities Compliance with legislation Cooperation with others The role and responsibilities of a professional to management Ensuring thatthe Professional Engincering Act is being obeyed inthe manager's sea of responsibility ex: use of unlicensed personnel, misuse of enginccring titles), ‘Work review: for accuracy or for assessment: ihe Engineer who prepared the work must be aware ofthe reviewing, ‘Computers: (© Security and backup of data (maintaining ofthe equipment, alternatives in the event of failure) © Copyright (© Liability for ertors in programs: check the results Discrimination in engineering employment Hiring and dismissal: ‘© Employment contracts (© Dismissal for just cause (© Wrongful dismissal» Professional conduct, ethical standards and codes Code of ethics (summary) Preamble: Professional ethics is based upon integrity, eompetence and devotion o service Compete based upon merits of previous services Demonstrate understanding, professionalism znd technical expertise to members- inctaining. Rules of Conduct: 1, Safety and welfare of public and environment. 2. Undertake only work Which they are competent for and express opinions ‘on tecieal mates on the bass of knowledge and honest conviction. 3. Sign and seal only documents that hey prepared or have been prepared under their direst supervision. 4. Act for ther clients or employers a itu agnt or trste, independently and with fimess and justice to all pares. Three duties have precedence over the interests ofthe liens or employer: + Protect the safety ofthe pubic + Code of ethies * Act fly and justly to all partis when administering a contract on behalf of the client or employer. 5. Conic of interes, without the owlege and consent ofthe employer or clint 6 Shall not disclose confidential information without the consent of lien ot employer, unless this i considered contrary to the safety ofthe public. 7. Shall present clearly the consequences of overruling thee judgments in techsical matters. 8 Shall not acceptor offer cover payment for securing assignments 9. Shall represent their qualifications and competences only trough fctusl ‘representation, without exaggeration. 10. Shall conduct towards other professiorals, employees and others with fairness and good faith. 11. Shall advice the Register of any practise ofa member contrary tothe Code of Ethics Unskilled Practice: practice whichis bellow the standard: © In technical competence (© Inthe overall performance of the service. Unprofessional Conduct: violation ofthe Code of Ethics. Strategy to solve complex ethical problems:Recognizing that a problem exists Gathering information and defining the problem or establishing goals Generating alternative solutions Evaluating benefits and costs of each alternative Decision making and optimization ‘Implementing the best solution Ethical problems of Engincers in Industry: Employer pressure Confit of interest Employer-employee negotiation procedures Trade secrets Confidentiality Empioyer: has management authority / Engineer: has technical authority © Mlegal action (© Actions contrary tothe Code of Ethies (© Actions contrary tothe conscience ofthe engineer Ethical problems of Engineers in Managemen: ‘© Obeying the Professional Engineering Act (use of unlicensed personnel, ‘misuse of engineering titles) ‘0. Reviewing of work of others engineers (©. Discrimination in engineering employment Ethical problems of Engineers in Private Practice: (©. Client-Consultant relationship (independent model, balanced model, agent rode!) Advertsing for engineering work Engineering competence Use ofthe engineering seal (‘checking documents") Confidentiality (trade secrets, environment, public welfare) Conflict of imterest Reviewing the work of another engineer Competitive bidding: less skilled engineers or lss time, kickback, commissions, supplanting other engineer. eo0c000 ‘Safety and loss management — the professional duties / 6) Environmental responsibilities ‘Safety and loss management: preventing loss er damages of people, environment, production and assets. ‘The “Occupational Health and Safety Act" stats the obligation ofthe employers and workers regard tothe safety. The “Envirormental Protection Act” sets standards and limits regarding e‘Occupational and Safety Act: Every employer must take reasonable and practical steps to ensure the heath and safety of employers Workers are obligated to protect their safety and health and of other workers, ‘Suppliers must: +Supply equipment in safe operating conditions + Comply with ‘regulations for designated substances and hazardous materials. [fan injury or accident occur, the responsible forthe worksite (prime contractor, ‘contractor, employer shall ‘© Notify Directo of Inspection of time, place, nature of injury and accident ‘© Carryout an investigation ‘©. Prepare a report which shall include circumstances and corrective actions ‘© Have a copy of the report for inspection by an office. A Director may require regularly inspect the work site and prescribe the manner, ‘method, procedures for those inspections. ‘any designated substance is used, stored or manufactured, the responsible shall compile information and keep it in the work st. Controlled products shal! © Be labeled (© Have Material and Safety Da (© Workers shall be rained Sheet availahle Joint work ste health and safety committee (iscluding workers and prime ‘contractors, contractors, employers) © Identify unhealthy or unsafe situations (© Make recommendations (© Establish and maintain educational programs. ‘Health and safety Policy, Code of practice (regulations and safe working, procedures) Role of Engineers: Continuously look for deviations ofthe safety and loss ‘management program and risks» a Professional Practice Continuing Competence Avoiding obsolescence and i is legal requirement (Act, professional ‘development plan) Maintenance of competence: © Professional practice ‘© Continuing education (conferences, shert courses) ‘©. Formal education (©. Participating in Engineering Societies. ‘Quality Management and Standards of skill in practice / 5) Insurance and risk management Basis for legal liability: © Alleged negligence (© Product liability © Strict lability (USA) Negligence and liability: (© Reasonable care, established practices, well-tested principles (© When there isa contract: breach of cortract (© When there isnot a contract: Tort liability Product liability ‘© Warranty: applies for goods and products (© Guarantee: applies for services and agreements (© Liability: filing to meet the terms inthe warranty or guarantee Strict lisitty: it covers product defect-consurser safety. No questions about negligence The obligation to protect the public isthe primary responsibilty ofan engineer and isthe paramount ofthe Code of Ethics. Quality Management, risk assessment ‘and risk-benefit analysis shall be properly applied to eliminate or reduce damages ‘of the public ‘Assessment, Analysis and Management risk: the main goal sto redue tsk to people, environment, production and assets. It involves ‘©. System moni Risk identification Risk assessment and analysis Risk evaluation Risk control4) Business Practice as a Professional: ‘+ Engineers in management: leadership: Vision Planning Communicating Monitoring Organizing Role modeling, ‘+ Engineers in private practice: Licensing requirements: ‘0. Cerificate of Authorization © Liability insurance (voluntary) ‘© Engineering experience for licensing: ‘Application of theory Practical experience Management of engineering Communicational skills Societal implications of engineering 6) Professional and technical societies: “The purpose ofthese societies isto encourage research, collec information and disseminate itD. Law and Legal Concepts 1) Canadian legal system and international considerations, basics of businesses ‘organizations ‘Canadian Legal System, ‘Canadian common-law system: based on common-law precedents and equitable principles ‘+ Theory of precedents: in deciding cases, the courts apply legal principles apply in ‘previous cases with similar or analogous situations, but also exercise equitable discretion, ‘+ The common-law: judge-made laws. Court deesions establishing legal principles. ‘© Legislation: another important source of laws. Statutes enacted by elected legislatures. ‘The federal government and the provincial government have the authority to enact Iegisiation 1+ Court system: © Suprome Court of Canada (© Court of Appeal of each Province (©. Provincial Courts: they may follow precedents of other provinces or jutisdictions (England, USA) ‘© Public Law: deals with the rights and obligations ofthe government in one hand and individuals or private organizations on the other hand (ex: criminal la). ‘+ Private Law: deals with rights and obligations of individuals and private organizations (ex: contracts, torts) ‘© Privity of contract: legal relationship between parties of a contract. ‘Business Organizations ‘The basic forms: sole proprietorship, partnership and corporation ‘+ Corporation: itis an entity itself, distinct fom its shareholder owners, There is| independence of the corporate entity from its Starcholders, Incorporation could be federal or provincial ‘+ Private comporation: closely held Public corporation: shares are offered and distibuted tothe publicPersonal guarantes: for credits the shareholders may be asked to signa guarantee ‘and become personally obligated for the corporation’ debts tothe extent ofthe guarantee. Limiting partnership lability; consist of one 0: more general partners and one or ‘more limited partners. Director's standard of care: ‘© Act honestly and with good faith for the best interest of the corporation (isclosure of any conflict of interests) ‘©. Personally ible for up to 6 months of unpaid wages of employees of the corporation (©. Personally liable for offences against the Income Tax Act (©. Personally lable for untrue statements in documents ofthe corporation Joint venture: partnership for a limited project. International Considerations Business organizations forms in foreign jurisdstions Political risks Foreign legal system (ex: private property righ) Licensing requirements (cx: time consuming) Financial risks (ex: currency exchange contro, restrictions on the transfer of| funds, local tax policies, inflation). Contract forms 2) Contract law: elements, principles, types, discharge, breach, interpretation, ete. “ontacts: Elements ofa contract: fora contract to be binding and enforceable there should be: ‘An offer made and accepted Mutual intent to enter into a contract Consideration Capacity to contract awfully purpose oocce Contract law is of private nature Offer and acceptance: Offer: promise made by an offeror tothe offeree to supply goods or services.Inrevocable offers: itis an offer that at any point during a period of time established by the offere, the offer may be accepted and a contract will be formed. Option contract: it keeps the offer open for a certain period of time, Something of value (for example: payment of a nominal amount) must be made by the time of entering into the option, ‘Timing / Accepting the offer: (© For mailed communications: acceptanee is made when mailed (© Others; acceptance is effected only when is received by the offeror. ‘© Revoking an offer revocation isnot effective until the offeree receives the notice of revocation. ‘Governing aw: the law of the place where the acceptance ofthe offer becomes effective is applicable. Intent: Letters of intent: if the letter of intent is just “en agreement to agree” it is not enforceable. It has to contain essential terms to be an enforceable contrac. Consideration ‘Consideration is the cause, motive, price or impelting force that induces @ ‘contracting party 10 enter into a contract, ‘When there is no consideration expressod in te contrac, no contrac is formed unless the document is “sealed” Equitable Stoppel: concept that provides relief for contracts without consideration ‘or sea to avoid an obviously inequitable resu. Capacity ‘Contract with minors it is not enforceable. The contract part must be inthe _majority of age to make a contract enforceable. Drunks and hunaties Corporations: (© The other party must make sure that within the powers of the corporation is to carry out the obligations ofthe contract, otherwise the contract is not enforceable, © The corpora 1 is bound by the acts ofits officials5. Legality + A-contract won't be enforceable fit is unlawful otis contrary to common-law ‘The statute of fraud ‘+ Some statues of fraud stipulate tat certain types of contract must be in writing to be enforceable (ex: lands, agreements not tobe performed within 1 year, ‘guarantees of indebtness) ‘© A-contract between a client and an engineer isnot usually a contract that as to be in writing to be enforceable. + Recommendation: to ensure that all contracts sre in writen form, ‘Misrepresentaton, duress and undue influence ‘+ Misrepresentation: js false statement or asetion to induce another party to enter into a contract. If this is made, the mised party may apply to the cour to have the contract cancelled. ‘+ -Misrepresentaton could be innocent (tis remedied by canceling the contract) or fraudulent (cancellation ofthe contract plus compensation). Mistepresentation on ‘enginoering specifications could led to rescind the contact. ‘+ Duress itis to induce «contract by means of intimidation, There could be economic duress" ‘© Undue influence: occurs when one party ofthe contract dominates the fee will oF the other (itis an equitable concept) Mistake ‘+ Rectification: order of a court to correct an obvious common mistake (ex: secretarial or recording nature) Unilateral mistake: mistake made by one party to a contract. An offeree ean not accept an offer that he knows tas been made by mislake and that affects a fundamental term ofthe contact. ‘Tendering issues — Contract A. Inthe tendering process there ae two separate contracts: (© Contract A: the contract of irevocability that deals withthe tendering phase. The owner’s request fora tenders an offer and the offer is2 accepted upon submission ofa bid. The conditions on the tender package are enforceable. ‘© Contract B: the constuction contract iself Based upon Contract A, owners should be careful of ‘© Making the tender package a flexible es possible ‘©. Close care and attention when compiling specifications for hiding purposes. ‘Contract interpretation When there isa dispute about the meaning of 1 part of the contrat, such dispute can be referred to @ court, The parties to the contract will be bound by the court's interpretation Interpretation: ‘© Liberal approach: takes info account the intent ofthe parties (©. Strict approach: focuses on the precise words of agreement. Recommendation: itis very important to havea clear and careful contract ‘wording Rule of “Contra Proferentem”: where a contra: is ambiguous, it would be itorproted against the party that drafted the provision, Paro evidence rule: if condition is agreed upon verbally and its not included in the contract, the condition is not part of the costract. Implied terms: obvious term that is not included in a contract Discharge of a contract Performance as a means of discharge: when all the parties to contract have ‘completed ther obligations the contract is at an ond, ‘Agreement to discharge: cancellation ofa contact upon mutually agreeable terms ‘and conditions Discharge pursuant to express terms: provisions whereby any or all partes may {terminate the contract upon the oceurrence of certain events. Discharge by frustration: curs when, without the default of any ofthe partes to ‘contract, changing circumstances may change the obligations ofthe partis, ‘These changing circumstances must be exceptonal and not contemplated by the partes (ex: force majeure provision).Breach of Contract ‘+ Breach of contract is filing to perform the obligations specified inthe contrac. ‘+ Condition”: an obligation essential or vital tothe contract, ‘+ Warranty’: am obligation tha is not essential to the contract. ‘© Breaching a condition enables the non-defeulting party to damages and discharge ‘by the breach | ‘+ Breaching a warranty enables the non-defaulting party only to damages. ‘+ Repudiation: declaration by which one ofthe parties express not having the {intention of performing contractual obligations. does not have to be expressed verbally or writen, could be expressed by conduct. + Remedies: © Damages for losses © Quantum Merit” © Specific performance © Injunction Direct: extra cost due tothe beach Indirect: consequential damages (ex: lst profits) Duty to mitigate a party that suffers damages through a breach of contract shall take reasonable steps to mitigate the damages suffered. Penalty clauses: provisions in contracts whereby a party i roquited 10 pay prescribed damages i'a certain event occurs ((ex: the contact isnot completed by a specified date), eee + "Quantum Meru”: when there is no payment agreement expressed or the party ‘obligated to pay repudiates the contract, the ceutt will award payment by a reasonable amount forthe time spent and materials supplied, ‘Substantial compliance: when a contractor substantially complies with the terms ‘of the contract but fails with some minor aspets, he is entitled to be paid the contract priceless the cost of damages caused by te failure, ‘+ Spositic performance (equitable remedy): occurs when the court requires a party twa contact to perform a contractual obligation (ex: sale ofa land) In these cases dlamages for breach ofa contrat will not be equitable + IFitis necessary o supervise the performance ofthe obligation, this remedy wil not be granted (ex: engineering services), ‘+ Injunetion: court order that probibits a party to perform some act (ex: nn competition agreement,‘+ Fundamental breach: isthe breach of the basic purposefoot ofthe contrac. It renders the "exemption clause” ineffective, except when the clause is clear and ‘unambiguous which inthis case will be protected by the exemption, ‘+ Exemption clause: provision ina contract that imits the extent of Hibility that results fora breach of contact. Agreements between cient and engineer © A contract elint-engineer ‘© Must include all the essential contract ements and all terms mutually accepted, 10 Must detail the scope and nature of services, The degree of care is an implied term of the contract. (© Should be in written form ‘© Should clearly outline basis of payment. It should state that the quoted {otal fee is estimated. Provision for limiting liability (©. The engineer is liable for incompetence, negligence or careless that results in damages to the client © P.B, should carry appropriate and adequate liability insurance coverage. ‘+ Agency relationship: the client isthe principal andthe engineer the agent. The ‘agent must be careful of acting within the scope of his her authority a agreed ‘upon withthe principal. ‘+ Standard-forms engineering agreements: shoul be tailored tothe contract. They are available at Provincial Associations. ‘+ An engineers supposed to comply with all the applicable statutes and regulations (ex: Boilers and Pressure Vessels Act). 3) Tort Law ~ Elements, application of principles interpretation, liabilities of various kinds. ‘+ The fundamental purpose ofthe tort law is to compensate vietims of tor. It is not to punish wrongdoers. No contract is needed fr tor liability ‘Principles of tort law: the plaintf in a tort action must substantiate that (all of them): (© The defendant owed to the plaintia dety of care (© The defendant breach that duty of care (© This breach caused the injury tothe plantitt ‘+ Reasonableness is factor that plays a major rele in tre HiailtyEngineer's standard of care: ‘©. Engineers have the duty to use a reasonable care and skill of engineers of ordinary competence. This is measured by applicable professional standards ofthe engineering profession. (©. Negligence: act or omission in the caying out ofthe work that constitutes 4 failure to maintain the standards tata reasonable and prudent practitioner would maintain ‘Tort law: where a person relied on the special skills and judgment of another, and the second person knew that reliance, the secend person was duty bound to take reasonable care in exercising the special skill Strict liabitity (only in USA): (© Tedoes not require a fault ina duty of care (©. Damages result forthe use ofthe product (© The manufacturer was not negigeat in producing it. Vicarious lability: an employer is vicariously lable for a tort commited by the ‘employee. Employees are also potentially lable in tort. ‘Concurrent Torteasors: oceurs when more than one party is liable in a tort soton, Products liability: In Canada, courts still appl principles of negligence in product liability. It isnot steet liability. Product lability shall comply with ‘© There was an appropriate use ofthe product (© Technological advance could allow to foresee the defective nature of the product (© A manufacturer owes a duty tothe consumer to take reasonable care ‘When there is a risk inherent to some product, it must be warmed by appropriate labeling. {In product liability, economic losses caused by the use of a defective product ‘may, in some circumstances, be recoverable. ‘Tort of defamation; damage of the reputation of someone by untrue statements publicly made by the other one. Ifthe statement is made in writing is called “libel”. I the statement is made verbally is ealled “slander” Occupier’s liability: the occupier of a property must exercise the required standard of care to ensure the safety of individuals coming onto the property. ‘Tort of nuisance: designed to alleviate undue interference withthe comfortable and convenient enjoyment ofthe plaintiff’ land. Limitation periods (tort and breach of contract: limitation statutes provide that tort actions and actions for breach of contract must be commenced within 36 prescribed period after the cause of action arose. An action commenced after this Period is said to be "statute bared”, 4) Intellectual property — patents, trade marks, software issues, copyright. © Patents of invention: ‘© Patent: document protecting the rights ofthe invention, Also ite a way to storage information for the public. (©. Invention: any new and useful art, machine, process, manufacture or composition of matter, or any new and useful improvement. (© Tobe patented: Mast be new (novelty) and useful (lity) and resulted of ingenuity and skill, ‘+ Ideas are not patentable, they must be transformed in something physical + ‘Term of patent: 20 years from the application ofthe patent. ‘+ Assignment of patent rights: must be in writing. Must be registered inthe patent office. ‘+ Assignment of patent rights by employee engincer: ‘2. IFthore is a contract that establishes i, the patent rights belong to the employer (© IF the nature ofthe employment is investing, the patent belong to the employer. (© Otherwise, the patent rights belong tothe employee (eventhough the invention is made inthe employer's time, with the employer's materials and at the expense ofthe employer) ‘© Trade marks: (© Trade mark: word, symbol or picture used to distinguish the wares or services of someone from those of the thers in the marketplace ‘© When trade marks ean be registered: *Teis nota name ofan individual who is proceding 30 years + Itisnotaname ofa ware or service + Ibis not confusing with a registered trade mark (© Duration of a registration: 15 years, renewable for unlimited periods of 15, years ing or died within the + Copyrights: ‘© Copyrights: provide protection for literacy, artiste, dramatic and musical ‘works, and computer programs. It means the sole right to produce or reproduce the work(©. Termof copyrights: equals tothe life ofthe author and a petiod of ity years aftr the author death, © Registration is not essential to copyrigt. ‘© Engineering plans: belong to the engineer or the employer. Where the plans are for a client, the client is prechided from repeating the design Without the express consent of the engznecr. Industrial Designs: © Industral design: configuration, patter, shape or omament applied toa finished article of manufacture, (© Tt must meet the tests of originality and novelty (o. Term: five yeas, renewable for additional five years. (© What can not be registered under industrial desig: ‘+ Designs that are only ulitarian and Which are not intended to provide visual appeal +A method of construction = Anidea 5) Arbitration and Alternative Dispute Resolutior (ADR). Arbitration: ‘© Provides the opportunity to bring the dispute before an arbitrator who is familiar with th technical matter and cts impartially and independent. (© Arbitration provision inthe contract and could be mandatory or by agreement. © Arbitration Act: ‘Provincial arbitration statute * Deals with appointment of arbitrator Sct outa structure /rules to govern the conduet of arbitration, + Ttapplies unless there are other set of rules established inthe + ADR (© Partnering on infrastructure and constrction projects: ‘+ Teamwork, cooperation among all participants * Educate participants on the benefits of working as a team from the ‘outset ("partnering workshops") Resolve disputes at as early stage as possible * _Itrequires commitment of Senior Management is very important. (© Project neutral: Appointment ofa dispute review board or an independent professional with experience tokeep up with developments onthe project to offer advice and decisions on an unbiased bass © Mediation:* Impartial mediator (not an arbitrator, ot a judge) provides guidance tothe parties to faciliate settlement process. binding as abitation 6) Expert witness, ‘+ Burden of proof its based on “balance of prebabilities” ‘© Asan exper witness an engineer: ‘© Ispermitted to express opinions with respect his/her area of expertise (© Should expect to be cross-examined so should be confident of handling ‘ross examination. (© Preparation is the utmost importance: ‘Understand the issues ofthe lawsuit + Be aware ofthe scope of questions that can be expected.19 B, The Act 2) Definitions of the professions and scopes of practice Practice of engineering: reporting on, edvising on, eveluating, designing, preparing plans and specifications for or directing the construction, tcehnical inspection, maintenance or ‘operation of any structure, work or process: ‘That is aimed at the discovery, development or utilization of matter, materials or energy for the use and convenience of the man ‘That requires the application of the principles of mathematics, chemistry, physics or any related applied subject. Part 1 Scope of Practice 2(1) No one shall engage on the practice of engineerig except for: professional ‘engineers, licensees, permit holders, cetfieate holder. ‘+ Licensee: individual who hold a licensee ‘+ Permit holder: partnership or association of persons ora corporation that holds a permit ‘+ Certificate holder: joint firms (restricted practioner 2(4) Subsection (1) does not apply to ‘)A person under the supervision of a professional engineer or licensee ) Engineers-in-training supervised by a P-E ©) Engineer technologist 4) A person authorized by other act (mines, minerals, boilers and pressure vessels) ©) Teaching engineering at university 2{6) Subsection (1) does not apply to a) Building three stories or less ) Single family house ©) Farm building not for public use 3(2) No one shall affix the stamp or seal to documents unless: they were prepared under the supervision and control ofa PE, licensee, permit holder, or 3(3) Its completed a thoroughly review and aceepts responsibility AC) Joint firm shall have P-E and registered architects s partners or sharcholders. I is not acceptable ifthey are only employees. ‘9 The Court may grant an injunetion enjoining any person from doing any act that ‘contravenes Part |2» 3) Structure and Functions of a Provincial Association Part 2 Structare 12(1) Governing body of APEGGA: Council 13 Registrar 14 Council members: president, 2 vice-presidents, immediate past president and professional members (atleast 2 P-E, 2 P Geologists, | P. Geophysicst) and members of the public appointed by the Minister 15 Practice Review Board (> or 6a) members) Assessment of educational standards and experience ‘Evaluation of standards of competence Inquire into the practice ofthe profession by rrofessional members generally or individually Any other matter appointed by the Council 16(4)(5) The Practice Review Board may ask for the Discipline Committee othe Investigative Commitee. 17 Appeal Board Board of Examiners 4) Regulations 1d By-Laws 18(1) The Council may make regulations: 8) Categories and enrolment as engineers-in-raining, examination candidates and students 'b)_Academic qualifications and experience roquirements 1) Technical standards forthe practice ofthe profession 1) Codie of Ethies 4) Operation and proceedings of: Appeal Board, Board of Examiners, Practice Review Board 1k) Procedures ofthe Discipline Committe, Practice Review Board, Investigative ‘Committee and Appeal Board 1) Continuing education program p) Use of stamps, seals and permit numbers. 18(2) Regulations shall be approved by a majority of professional members and the Lieutenant Governor in Couneila 19(1) The Council may make By-Laws: ) Government of APEGGA ) Functions of an Executive Director of APEGGA 3) Elections 1) Meetings of APPEGA 1) Fees, dues and levies payable to APPEGA 1) Registers to be kept by the Registrar 4) Registration 20(12) The Registrar shall keep registers for 8) P-E, licensees: approved by the Board of Fxariners ') Permit holders: approved by the Councit ©) Join firms: approved by the Council 44) Restricted practitioners: approved Joint Board an the Council 24(1) Evidence of registration of P.E.: = Certificate of registration = Stamp or seal 24(2) Evidence of registration of licensee: Licensee = Stamp or seal 24(3) Evidence of registration of a permit holder: = Apermit + Apermit number 24(4) Evidence of registration ofa joint fim: ~ Certification of Authorization = Apermit number 24(5) Evidence of registration ofa restricted practitioner: + Centficate of Authorization (restricted scope) 26 Eotees in regis = Suspensions = Cancellations 29 The Board of Examiners: () Established by the Council (@) Shall consider applications for registration ans may: 8) Approve the registration by Refuse it ©) Defer until the applicant satisfy some requirements:2 - Pass one or more examination + Obtain more experience Both of the above 30(1) The Board of Examiners shall approve the registration asa P-E. ifthe applicant 2) [sof good character, ») Is. Canadian citizen or permanent resident ©) Meets the requirements ofthe regulations: 1 Knowledge of the act, regulations, gereral knowledge ofthe practice of ‘engineering (Professional Practice Examination) b. Proficiency in English ‘c. Members-in-traning: have obtained at east 4 years of experience 44. Examination candidate: bas completed the confirmatory examinations and has 4 years of experience. 30(2) Licensee: does not need to be a Canadian citizen or permanent resident. 31 Review by the Appeal Board: (4) Refused: within 30 days (5) Hearing ‘32 and 33 Joint firms (engineering and architecture consulting): 33(1) The Council o which the aplication was made shall referred it tothe Join Board '33(2)(0) The joint firm shall have at leat | P.E and I registered architect as fall ime employees, 346 Restricted practitioner: (2) Registered architect with expeiene inthe practic of professional engineering (2) The Council may approve {@) The certificate and register shall specify the scopeof practice of engineering in which heise is permitted o engage 38 Cancellations: (1{@) Default of payment of fees (1) Permit holder without P.E as employees (G9)(b) Joint frm without at least 1 PLE, and I registered architect, 5) Discipline and Enforcement Part Discipline 42(1) Any complaint must bein writing 42(3) There isa chance to reach an agreement between the complainant and the PE with the Registrar as a mediator.B 42(4) Even ifthe complain i setted by an agreement the Investigative Committee must, review and may: approve it or proceed witha prelimisary investigation. 443(1) Unprofessional Conduct / Unskilled Practice: 8) Detrimental tothe best interest ofthe public. b) Contravenes the Code of Ethies ©) Harms the standing ofthe profession 4) Display a lack of knowledge or skill 43(2) Failure to comply withthe Act, regulations or by-laws, being the failure of serious nature, is considered unprofessional conduct. ‘44 Discipline Committee 44.1 Investigative Committee 445 Investigation Panct: members ofthe investigative committee appointed to conduct a preliminary investigation, It shall report the findings to the Investigative Committee. 49.1 The Investigative Committee may: (@) Recommend any order considered appropriate tote Discipline Committe ifthe investigated person admits unskilled or unprofessional conduct. (©) Refer the matter to the Discipline Committee fora formal hearing 50 The Diseipline Committee conducts the formal hearing ‘52 The Investigative Committee may suspend the regstration, licensee, permit holder, Certificate holder or member-in-raining pending an irvestigation and hearing 535 Evidence: the Discipline Committee is not bound by the rules ofthe law respecting evidence applicable to judicial proceedings 60 ifthe investigated is found of committed unprofessional conductor unskilled practice, the Discipline Committee may: (a) Reprimand (©) Suspend fora specific period () Suspend the registration generally or from any fielt of practice until the member comply with courses or experience requirements (@) Limit ishher practice (€) Impose conditions to practice (under supervision, periodic inspections, report to the Discipline Committee on specific matters) (Improve histher practical competence (Repay / waive or reduce the fee forthe services improperly rendered, ) Cancel the registration 61 The investigated person may be ordered to pay:(@) Part or all ofthe costs ofthe hearing (©) A fine (not more than 10,000 $) () Both ofthe above {64 and 68 I is possible to appeal tothe Appeal Board and the Court of Appeal. The ‘procedure is similar for the hearing before the Diseiphne Committe. 73(2)() If the registration has been canceled, it shall not be reinstated within 1 year of the decision, 74 Misrepresentation of status: unprofessional conduct (6) Use of seals and stamps 76.A PE, shall sign and stamp or seal documents or records. 7) Regulations Pare | Membership the Associaton 2 Application: Application ~Registar~ Board of Examiners Decision 5 Registers may be at: = Student - Examination Candidate = Member-in-Training + Professional Member 6 Studer eligibility = Good of character and reputation + Enrolled ina fulltime program at a University ~ At least: 2 years of postsecondary education / 1 year of experience in work {8 Examination Candidate eligibility: = Good of character and reputation + Graduate ata university program ~The Board of Examiners has required the applicant to complete ane or more confirmatory examinations 10 Member-In-Training eligibility Good character and reputation * Graduate of a university program‘Does not have the work experience required 13 Professional Member eligibility: = Good character and reputation Canadian citizen or permanent resident = Complete the Professional Practice examination Proficiency in English Education and work experience 14 Licensees eligibility: The same as the P.E but they don't have to meet the Canadian citizenship or permanent residency Part 2 Continuing Professional Development Progran: 16(1) Education program: the Council establishes the Continuing Education Program of the Association, Its compulsory for professional menbers. 16(2) Practice Review Board administers the progran: 19 APE, mast maintain written records ofthe activities undertaken as Continuing Professional Development Program 20 On the request of the Practice Review Board, a P-E. must show the compliance with ‘the Continuing Professional Development Program. 49 All documents from a permit holder shall be signed by the P.E. responsible and show the permit number of the permit holder.