Professional Practice Examination ‘Study Notes - Part "A" - April 24, 2007 Below illustrates a range of possible content for an answer. References from 72. and 77, are needed on the exam 41(a) Self-tegulating profession means that decisions regarding technical competence and professionalism, are made by members of the profession, under the Ontario Professional Engineers Act (PEA). Three regulating features are - 1) Enforcement of restrictions on the use of P.Eng. by unlicensed individuals 2) Licensing of persons who apply and are so qualified 3) Complaints about a member's competence or conduct are received and discipline administered as decided. 4(b) The Fees Mediation Committes has a duty to mediate if any written complaint is fled in respect io a fee charged for professional engineering services. If all parties agree to arbitration, the decision is binding. Reference PEA section 32. 4(c) My only additional right is to use the designation Consulting Engineer. My Certificate of Authorization (C. of A) is still required to offer services to the public - reference PEA sect.12. and Regulation 941 sect's beginning at 47. & 56. 4(d) The purpose of the engineer's seal is to identify responsibility. The seal should be used when documents have been prepared or checked by the seal holder. It must be accompanied by 1) signature and 2) date. Ref. Reg. 941 section 53. 2(a) The obligations of N. Got, P.Eng. to the mining company are to be fair and loyal to the employer, 77.1.i., to keep information confidential and avoid conflict of interest, 77.3., and to present the consequences of a deviation if overruled, 72.(2)(f). N. Got should discuss the legalities with a supervisor and look for ways to comply that will be affordable. 2(o) N. Got's obligation to the public is to uphold the law about discharges, 72.(2)(d), and regard the public welfare as paramount, 77.2. The public interest in this case is for no persons to be harmed by the toxic and corrosive substances, 77.1. If N. Got can mitigate the effect of the substances, this will be a favourable impact on the public interest. A potential mine closure and loss of jobs, is a low priority compared to failure to safeguard life and health, 72.(2)(b). Ifthe mine closes, N. Got's professional duties will not Ikely be required. If the mining company management fails to comply, then N. Got must report the danger to public safety and welfare, 72.2)(c). Anything less is negligence, 72.(2)(a), a breach of the code of conduct, 72.(2)(g), and is disgraceful or dishonourable, 72/(2)(). If N. Go's supervisor and the company principals are P.Engs, their unprofessional conduct must be exposed before the proper tribunals, 77.8. Saving many people from danger, may enhance public regard for the profession, 77.2.j., and result in a more responsible position for N. Got, because of demonstrating devotion to high ideals of honour and integrity, 77.1. 2(c) The engineering consulting firm should be informed by N. Got, if they are not already aware, of the continued release of substances into the environment. N. Got should act with courtesy and good faith toward other practitioners, 77.7.i. 3(a) It would be appropriate for me to "moonlight" for my friend's company, but only if I take the specific steps of 1) advising my full-time employer of my interest in the part-time work, and 2) My ‘riend in writing about the limitations | may have on that work, 77.5. When evaluating this : PpeStéyNIsAOZApr21opportunity, | must consider there are issues of being fair and loyal to my regular employer, 77.1.i., and acting with devotion to high ideals of personal honour and professional integrity, TIA. 3(b) | should not use the motion sensor technology, as developed by my full-fime employer, in my work on the golf device. If | did, | would not be keeping my regular employer's information confidential, and also | would be in conflict of interest, 77.3. Alternatively, | might approach my fulltime employer about licensing the technology for possible use on the golf device, basing my opinions on adequate knowledge and honest conviction, 77.2.ii, This would require appropriate confidential agreements, and might eventually be a "win-win" situation for both companies, acting toward other practitioners with courtesy and good faith, 77.7.1. 3(¢) Section 72.(2)(g) applies if the PEA or the regulations, other than the Code of Ethics, is breached. A breach of the Code of Ethics, specifically 77.3., would not be a breach of the Code of Conduct and I would not be charged. Ifthe breach were serious and considered disgraceful then it would be a breach of 72.(2)().. This would be chargeable as a breach of the regulation, 72.(2)(Q). If | failed to disclose a confiict of interest and took part-time employment, without advising my regular employer, a breach of the Code of Conduct would apply, 72.(2)(i)4. Further, I would be open to exposure before the proper tribunals, 77.8 4, The conduct of N.Trepreneur, P.Eng. (NT1) is unprofessional, 72.(2)(). The client is entitled toa report signed by NTr, 77.1.1. NTr has failed in devotion to high ideals of personal honour and professional integrity, 77.1.1. NTr has ‘assisted’ J, R. Green (JRG) to be mis-represented, 72.(2)(m), and led JRG to be in violation of the Act section 12.(1) and subject to the penalty(s) of the Act section 40.(1) & (2). NTr has failed to abide by the terms of the P.Eng. licence held, 72,(2)(K). Although JRG likely had knowledge of developments relative to the services undertaken, 77.1.iv., competence in performance of these services, 77.1.v., and gave opinions founded only on adequate knowledge and honest conviction, 77.2.li., NTr was still negligent in assuming it would be alright, 72.(2)(a). NTr and JRG should be concemed about all the items as noted above. NTr should be disciplined and this unprofessional conduct should be exposed before the proper tribunals, 77.8. JRG is not a P.Eng. and not subject to discipline, but could be charged under the Act section 12.(1) and is exposed to future refusal of a P.Eng. licence, see Act section 14.(2). The only thing commendable in NT?’s conduct is a belief in mentoring, 77.7N., but even here, there was clear failure to put the positive aspects of this belief into practice. BpeSIUYNISAOTAD2t