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ENGR 413 Chapters 1-6 Test With Complete Solution
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ENGR 413 Chapters 1-6 Test With Complete Solution...
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ENGR 413 Chapters 1-6 Test WithComplete Solution
How is law divided in Canada? - ANSWER Division of powers: private law
generally within provincial government jurisdiction; exceptions include
federal labour law, competition law. Operational conflict: federal statute
prevails
What is the separation of powers? - ANSWER Separation of powers is a
constitutional principle requiring independence of the judiciary
What are the different levels of the Canadian court System? - ANSWER Each
province has a lower trial court: jurisdiction limited by subject matter (e.g.,
cannot deal with liens) and value of claim (e.g., British Columbia Small Claims
Court has claim value limit of $25 000) Lower trial courts typically also handle
criminal and family matters. Then there is a provincial court, followed by the
supreme court of Canada.
What is common law? - ANSWER Common law: rules established by previous
decisions. As judges interpret and apply statutes and common law rules,
more law is created
Do engineers need to be licenced/registered in each jurisdiction they work
in? - ANSWER Yes. Regardless of treaties, professionals such as engineers
must be licensed in each jurisdiction in which they work.
Are contracts voluntary? - ANSWER Contracts are voluntary, often need not
be in writing, define rights and responsibilities.
,What is a definition of tort law? - ANSWER Duty to not harm those in the
community, intentionally or unintentionally.
What is Scope of practice? - ANSWER Scope of practice generally exclusive,
i.e., only registered professionals may perform tasks within the definition.
What are some tasks of the regulatory bodies? - ANSWER Tasks: register
members, regulate the practice of the members, discipline members, enforce
legislation against non-members
What is the Right to Title? - ANSWER Only Registered professionals can use
said title, ex. P.Eng
What are some of the pre-requisites needed for Right to title? - ANSWER
Obtaining educational qualifications is merely one prerequisite for
registration Apprenticeship period: engineer-in-training, member-in-training
Do all practicing members have to register with a registration body? -
ANSWER All practicing individuals must register
What are some obligations of a Professional? - ANSWER Maintain technical
competence and practise competently Continue professional development
Abide by the code of ethics Regulatory bodies may audit members
Regulatory body websites provide useful materials
What is the difference between discipline and enforcement? - ANSWER
Members are "disciplined" "Enforcement" proceedings are taken against
non-members practising illegally.
What are some penalties of discipline/enforcement? - ANSWER Penalties
include: reprimand, suspension, fines, termination of licences, educational
requirements, and mentorship requirements.
, What does a professional seal indicate? - ANSWER A seal indicates that the
professional has personally prepared, supervised, or reviewed the
documents.
What is a letter of assurance and who are the often required for? - ANSWER
Warrant that the work is of a particular standard increase the risk of liability
Often required by government authorities at the end of a project.
Define Ethics - ANSWER theory of morality.
Define conflict of interest - ANSWER when an individual owes two
obligations which conflict with one another.
What is the paramount ethical duty? - ANSWER Paramount duty is to protect
the safety and welfare of members of the public.
Order the ethical duties of a professional. - ANSWER Owed to the public,
client, employer, profession, oneself.
What is duty to the public? - ANSWER Duty to the public is paramount:
encompasses a duty to protect safety, welfare, and also to act with fairness
and integrity.
A breach in Duty to the Public often leads to what? - ANSWER Alleged breach
of duty to public often made in negligence claims against professionals that
leads to loss of the right to practise.
What are some things that Duty to the Client require? - ANSWER Requires
the professional to act with fairness, courtesy, and good faith Requires
disclosure of conflicts of interest Requires maintaining confidentiality, except
where the duty to the public requires disclosure.
What does the professional owe the employer? - ANSWER The employee is
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