Scribd Logo
Upload

Welcome to Scribd!

  • Exams PEO

    Uploaded by

    catsss
    453 views127 pages
    Exams PEO

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Exams PEO

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    453 views127 pages

    Exams PEO

    Uploaded by

    catsss
    Exams PEO

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 127
    Professional Practice Examination - Example BO RU ATION OF PROFESSIONAL ENGINEERS OF ONTARIO PROFESSIONAL PRACTICE EXAMINATION - SEPTEMBER 7 Toot PART “A” - PROFESSIONAL PRACTICE AND ETHICS Fag {2 amination is m two parts, and both must be completed within the three-hour periog pecgamination -A anc 8 - must be passed independently inorder te ene mines eoNal Practice Examination: tne result of he combined eramineeen eons plus Part E Will be declared as "PASS" or "Fall Use the correct colour-coded Answer Book for each part White Answer Book for Part & white question paper, Brown Answer Book for Part B brown question paper ngs 2 .CLOSED BOOK” examination. No aias are permited other than the Section from Ommerc Regulation 838164 covering "Code of Proessional Conduct’ and Gegs Of Ethics ‘Supplied at the examination. Dictionaries are not permitted Tearing of questions will e based not only on academic content, but also on legibility ana Your anes NaTeSS oneself you have any doubt about the meaning ofc cose submit with Your answer a clear statement of how you have interpreted the question FOUR QUESTIONS constitute a complete Part A All full questions are of equal value. When congacres, more than four questions are submited. without staing which foes ong ie wonsideree: marks will only be awarded for the fest four answers in tne boos piers @ Question asks it certain action by an engineer was ethical or net, a simple “yes" or ‘no Reguaton sae rent YOu should identity the applicable itemsiseetions in the Orton Regulation £38/84 and comment on the action in each situation QUESTION ONE 2) What s tne principal objective of the Association? 5) Candioates for membership in the Association must meet certain these soeamts 28 Set out in the Professional Engineers Act What are the five most significant oF these reaurements? Gtterenese pine. categories of icence sme profession. Name them and brief expiam the differences between them meet pe ced engineer wishes to ofer consulting services tothe public. additonal condtions ust be met, What are these conditions? QUESTION TWO. now mater Siting a consuting contact withthe XYZ Company to oversee the constuction ofa cut that he eae ant, You receive alter from Mr, Smith. Eng. In hs leer Me Seath moon wo state that deemtTacted By the XYZ Company forthe work that you are naw dong. rie goes on reguired he eats erating BEEN notified by the XYZ Company that his Serves are ne woes mater settea ner aes Nas Been terminated improperly ang has taken the poser harnen the matter is settled he is stil engaged on ins project Side phate any ethical obligation to Mr. Smith? Does the receipt ofthis letter and the knowledge Se tke ser g poston with respect to ine XYZ Company have ary effect on voor oct a vis the XYZ Company? QUESTION THREE apnea 1s Bota 2 rapidly escalating problem of ‘modem society. All levels of government Prarene eanate OF it, but are a long way from agreement on solutions, As Piieneny Fusineers. because of cur education anc experience. we are probebly se well equipped as any in Pike cen 0 provide constructive leacership to local organisations and pubic mrececs groups the cieearch for an understanding of ne needs. the alternative cauraes of anton arc een oe the ultimate answer. Treks appears to Be 2 reluctance on the cart of many in our profession to come out publicly with iauyers anc ean ote to assist Asi often the case the public eaderanip is coming roe Cigets and ther professionals, Some engineers have expressed concern ove arene Sonic of interest with ther job which may have a connection with waste, mene management or 2 Company that is contributing either amreciiy or indirectly to the problen sopare aarahical obligation to “get mvowed"? How do you suggest those who may have an ‘apparent conflict of interest deal with ths situation? QUESTION FouR SEE Many years of working together as ABC Consultants the partners have come toa parting of busines yan 3nd 8" are caring on wri tne old business. °C" has established s corpo the ol rim = S0P- Who is an engines” and has hred two senior Professional Engmcere fom the old firm It has been brought to As attention by one of his clients that “C* has sent out a mailing to Sere guents. nclucing the cients of ne ABC Company. announcing the new presen nd Soteting work opportunites forit“A* as also heard that in some direc personal seketeten °C fas questioned the abilty of his old frm to perform on certain types of work because of the fact that senior staff members with specific expertise are no lotiger there. Engineer "Bin diseusaon with a potential client has warned of the danger of dealing with enginee: “Cs new firm becouee Of its lack of a track record working as a company Discuss all aspects of the ethics of this situation QUESTION FIVE 0¥ are a Professional Engineer in the mechanical department ofa large general contracting en ral nave recently fallen heir to shares of stock in @ company that manufactures air handling equipment. You nele this company's products in very high regard and ofte" specify ther on projects that your company is building, Now that you are a shareholder of this company can you ethically continue to specify is Products? Ifyou feel that you can. is there any action thet you should take to do so ethically? PART "B" - ENGINEERING LAW AND PROFESSIONAL LIABILITY Ze foal examination isin evo pars, and both must be completed wthin ive three-hour period Each part of the examination - A and B - must be passed independenlly in order to PASS" the Professional Practice Examination; the result of the combined examinatia=, Part Ais Part B, will be declared as "PASS" or "FAIL" Use the correct colour-coded Answer Book for each part White Answer Book for Part A white question paper; Brown Answer Book for Part B brown question paper Section trom ‘Code of Ethics" This is a “CLOSED BOOK’ examination No aids are permitted other tx Ontario Regulation 538/64 covering "Code of Professional Conduct” an Supplied at the examination Diccionaries are not permitted ree marking of questions wil be based not only on academic content Du: also on legibility and {he ability to express oneselt If you have any doubt about the meaning ¢* a question’ subi with your answer a clear statement of how you have interpreted the question, Question number + must be answered by all candidates. Three other questions may be selected, and four questions constitute a complete Part B All full questions are 3 e2ual valug When answers for more than the three optional questions are submitted i:n addition to Question })without stating which three are to be considered. marks will only’ be aviarded for the frst foor answers in the book (QUESTION 1 TO BE ANSWERED BY EACH CANDIDATE) (MARKS) 1. Brety define any fve ofthe folowing (25) () Statutory Holdback (i) Theory of Precedent (i) Frustration of Contract (iv) Parol Evidence Rule () Performance Bond (¥) The 6 Essentals of a Binding Contract (ist only) il Concurrent Tonteasors (vil) Secret Commission (25) 2. Ace Furniure and Appliance Distributors Ine. ( 'ACE") Is a company primarily engaged in re aeaichutlon of Nousehola appliances and furniture in Ontano ang Crete order to improve wo smn facies, ACE decided to build a new warenouse inMarkions Onis to replace ‘wo smaller warenouses which it was currently leasing ACE engaged Super Projects Engineering Consulting Services ine. ("SPECS"), an engineering SPS erg entered into an engineering services agreement with t Urge ie agreement, SPECS was to ptepare the design of the new warehouse and to provide inspection services to the pena! ne warehouse was constructed in accordance with he place men Specifications for the project, ACE, on the basis of compettve tenders, awarded the contract for te construction of the warehouse to King Construction Ltd. ("KING"). During the course ot construction, KING Speraton and eg oween Equipment Supply Lid. (QUEEN). an equipment sooner, to provide an Sberator and equipment to Dackfil the foundation as well as a tek lo hea away any extra fil employees Pee so2eTform the backiling operation, QUEEN suppled a tackrec eG one of its employees, Phil Scooper. to operate the backnoe ange,the backfling one of the construction workers on the ste noticed cracks ‘appeering in the Trarghouse's founcation and quickly motioned to Phil Scoaper te stop re backfiling because there was a probier: founeaer eramiravor. tured out that there were severa! severe cracks in two of the {Rundation walls As a result of the cracking ACE incurred ena coaere repairing the foundation, In addition, the project was delayed for four weeks, GE (elamed an independent engineering consutant to rwvestgete the cause of| the cracking ‘aged on its revew ofthe project documents, the consultant determine ne SPECS had the pon’ KING t© commence backfiling after only two days of cure wee vos elapsed following Oper af he concrete foundation The consultants separ nacaten hor yes National Building Code of Canada recommended a minimum period of cunng of concn ays and that no such requirement was inciuaed in SPECS’ pians and specifications Ihe FePor also indicated that according to several witnesses on the job site, Phil Scooper was high ar cuemateral directly into the tench beside the foundation wine the oer hoe 's Bucket was torch gna a The report indicated that the operator should have pecten neg ‘materials into the the gen nat the operator's procedure of high aumping' of he fil mater ay ‘Rot conform with {he general practice of his trade In the consultants opin, high cumping was a factor in the cracking laa, Potental ables in tort law arse inthis case? Explain how the essential Principals of tor ‘aw apply to this case. indicate a likely outcome to the matter (©) 3.a)escrive the circumstances in which "penaty clauses” ae enforceable commana Gesctbe the basis upon which damages for breach of contract are calculated at common law Explain also the meaning "mitigating eamages fhe 2 construction contract. is common for an engineer who is nota Party to the contract conteter ee 1 ludge the performance of the work by the contractor Wren te ‘owner and £0) (@) An engineer may be asked to provide engineerng services to hiends neighbours or for losses creations of which the engineer may be a member Can engineer es liable {orsesses of damages arising when engineering seluces are provicea wae ‘any fee being charged. Explain 8 dod cummer and a contractor entered into a writen contract for the construction of a S2n 90,200 chemical plant in Sarnia, Ontario. Te contac provces wera lant would be engincenng coescotdance wit the plans and specication that nad Deon prepa by the owner's During the course of the work, the engineering consuitant made a major change to the design of Ws plent was anticipated that tne change would recure an adaineony $1 $2.0 milion of Sunny ne contacter and would require four months to complete The cone tee requested the contrac aval Before proceeding with the extra work The owner indicates orally to the the chore atthe contractor should proceed wit the work and that a waiteg cea authoring the change would be issued once the details o Joe Gontactor commenced performing the addtional work for the ‘major.diesign cnange in LaN2ty {980 and invoiced the owner on a monty basis Although Ween never did issue pertonmed ay aittarzing the aditonel work. the contactor was patd for ne ware work that was were ace Zanuary, February and March of 1990. The contractor serge nn of the extra er work meee 2d submitted an invoice for payment which included eoee fog account of extra work performed in April 2 umer reused to pay the $850,009 on the basis that no wntten order by the owner was given Fase og any extra work. as required by tne unitten contract Ie the Contractor ented to the. $960,000? Explain for neue ee Eutectoid Stee! nc. "HES is @ company which produces various types of stee! ‘oe mdustal applications, n order to increase the strength of te ay products, HES! uses 2 ter Dansuenehing and tempering, During the quenching stage not cece uickly cooled with Water During the tempering stage, the steel is then heat teatea tor co appropriate time, The Process requires large amounts of water and nest, Faced with rising costs for eneray, HES! decided to install a heat ecovery system. The system SRu clude @ heat exchanger by which heat could be recovered ron ee ‘cooling water in the Sage 9 S296 The recovered neat inen would be used to heat he siecle tempering stage Ine Cena, Me 20 eauipment supply contract with Enerey Recovery and Recyciings Systems Inc CERRS'). ERRS agreed to design. supply and instal Shee Fecovery unit for a contract price saep00: 000, After an anaiysis of HESY's processes ERRS detertines ors guaranteed in the trata tat tne heat recovery system would recover 40% af tne heat ne cooling water and {het his would result in substantial savings in energy costs, The contract also contained a provision miting ERRS's total liability to $600,000 for any loss, S2m29e oF injury resulting from ERRS's performance ofits services under the soon CHAPTER 7 ional Practice Exam, held April 24th, 1993, Minor id the references to the 1984 Regulation. (538/84) have replaced with references to the 1990 Regulation (941/90). Try the ‘questions on this paar pegbet ander exam conditions. Allow yourselt 9 minutes, maximum, to solve each Part before looking at the answers. This chapter irpe contained on the video-tape. = 3, PROFESSIONAL PRACTICE EXAMINATION APRIL 24, 1993 PART "A" - Professional Practice and Ethics OUR QUESTIONS constitute a complete Part “A* Question is compulsory ~ ALL. candidates must attempt Question 1 pus three additional questions, Ail ft thick fen Te Of equal value (25%). When answers for more than four questions are submitted. withous ‘Stating which four are to be graded, marks will be awarded for only tay Ean = Where a question asks ia cenain action by an SpeIBESt was ethical or not, a simple "yes or o¥aatee is not ie i tario Regulation 941/80 and comment ax JETHICS QUESTION. a comin, = == Sys ee Assume that you are senior Professiovial Exgines: seoiived by an equipment manufacturer A di¥sioaof the ‘company, under your direction, bas designed and assembled a novel ‘ype of all terrain vehicle. A prototype of the vehicle has been involved in an accident, which is under investigation by Transport Canada Ttisnot known () Having reference tote code of Pofesional rics and Professional Conduct, what conzibution can ‘ar should you make to facilitate the ‘investigation? = ETHICS QUESTION 2. - - (9) For what reason can a Cerificate of authorization be cancelled? ©) lea P.Eng. required to keep upto date with etnicl development in the professional's specific field of interest? (©) Why is itimporae that aP.Eng. prset be public imerest in Engineering matters? @ How can you become involved in the affairs and activities of the association? (©) What are the consequences to a scone ge {att Uses persons without professional qualifications ‘n positions which are generally considered to reaure Professional Engineering expertise? ETHICS QUESTION 3 A Professional Engineer employed by the Minisuy of the Environment has inhen: business. From ts 8 your doubts with this ihe intercompany contract for this inspection anaes N Panizemens onthe job but you sl fel thatthe won Whats your ethical responsibility in this sitanon’ ETHICS QUESTION 5, Many general health problems reported by the suff ‘related to Garkplace atmospheric environment. By resolution, i has instructed the Chief Adininistrative Officer (C.A.0.) "to obtain quotes to have the matter rectified.” - PROFESSIONAL PRACTICE EXAMINATION - APRIL 24, 1993 PART "B" - Engineering Law and Professional Liability 2 Te PRRESHION 1. (COMPULSORY - 10 BE ANSWERED BY EACH CANDIDATE) |. Briefy, define any ive ofthe following (@) Secret (©) Common Law (6) Contract Rectification (@) Director's Duty of Care (©) Duress == = (9 Gratuitous Promise ) Parol Evidence Rule (0) Slander sac The § Essentials ofa Binding Contact (it only) LAW QUESTION 2, 2. “Answer all of the following question {@) Briefly describe the basis uzon which damages for breach of contract ae calculated at common law. Wbstis the difference, if any, between the basis for calculating damages for breach of contract and for tort? (Briefly describe how a bonus feature may be included in a guaranteed maximum price constuction “ontract othe advantage ofboth the owmecr and the costaewor ‘and used a wrench to loosen: the nut which secured the blade to the drive shaft of the engine. As "C* wag loosening the mut, “C" inadverenty romted the blake one TC" sustained serious injuries as a result of the the oreenn including serious cuts to the bands, the loss of a thumb, and a concussion caused when ae Wrench "C" was using was hurled at "Cs" SG Pinning blade. "C* also sustained property damage when the wrench broke a window after hitting "C7 in the head. Afsr an investigetion it was determined that "C* filed {© read the maintenance section in the owner's ‘anual which was provided withthe lswnmower, The ‘owner's manual contained the following sentence Nother safety warnings were given, Had "Cm, isconnested the spark plug before atempting to remove the blede, it would have been impossible for tke engine to stan. * Discuss what claims "C* may make in the Circumstances, 28. LAW QUESTION 3, 3. A contractor specializing in farm buildings was en, Placed over a manure pit. The contact between th ‘Would be responsible for both the design are Sonstruction of the bam and manure ‘gaged by an aod ay 10 design and construct a bam to be race et and the owner provided that abe contractor pit. pre gOntsctor had previously designe and built bams ove pitofthe size and shape required by potod set of plans. Tike the detail Wi Up the good work." manure pit prior to the remedial const Plans had two particular deficiencies: The Government Engineer's position was that he Government Engines really hadn't carefully reviewed the plans, but had simply looked through them and hadn't really ‘understood that the contractor was seeking advice on the detiled sufficiency of the plans. Do you think te owner would be successful 12,2 10"T claim against the Government Engineer? In your Crplanation, discuss the tort law principles {bat a court would apply to determine Whether and to what ‘Sntent the Government Engineer would be leet LAW QUESTION 4. 4 A mining contractor signed an option J mainna ith land owner which provided that ifthe mining contractor (the "optionee”) performed specified mount of xpioration services on the Property of the owner ie coat tin a nine-month period, then aoe Spviones would be entitled to exercise ie option to ‘Squire certain mining claims fom the opucees a Howeree eee Ped, and the optionr indicated that the option Period would be no Writtenrecord of this extension was made, nor did the, optionor receive anything from the optionee in reura for the extension, Biss th optionor entitled to deny the optionee’s exercise ofthe option? * _ Explaia the contact law principles that appiy tothe posto taken by the optionor by the optiones, Provision limiting 1m Machine Works! : rons raERy Based on the information provided by the Machine Works representative, Prime ‘Prepared and submitted its bone Conventional. Conventional accepted the tenderaneonentnea ‘contract with Prime forthe gear Inorderto defects inthe gearboxes. Foran additional $400,000 Prine wee ‘able to correct the problem by replacing the rer boxes with gearboxes manufactured by another company snd by repairing the damage to the conveyors. Sasol amount ovhich had been paid by Prime to Macioete Prior to discovering the defect was $250,000 Explain and discuss wha claim Prime ean make against Machine ‘Works in the circumstances, Would Prime be succesful in its claim? Why? In answering, pleme nalts summary of the development of relevant ‘case precedents NOTE: Thisis the end of the exam — Try to valve belore ‘reading the answers on the next page, 73 Solutions to Ethics Questions The following solutions ae suggested by tne author oF this Study Guide ANSWER TO ETHICS QUESTION 1 Ma) iste “become involved” is very vague, and Should be more cleary define. However, the answer is cleacy "yes," regardless ofthe dence If there has been serious damage or death as a result of the accident, the company (and' yy invol ly ceraint ee im hateverlegl actions may be taken, whethe: I Wisho orn0, soit would be imporces, Ream the eause of the accident, and an nage ‘e Transport Canais to "become involvede ve be ae jails occured, of a similar nara then could be gui defined in Reg. 941/90, Section 72(2)d) ie “failing to make reasonable However, speaking san Siginecr involved in design, sheer profesional involved." This question hss a simple anaes or is Fequired to protect the public, then ‘would provide it ee ‘here important question is what would be done ‘with the results of the investigation’ Ifthe investigation shows thatthe vehicle may endanger the Public, Uave an obligation under the Code of Ethics to inform the ~ Buble Gf other vebicles have been sold) and cg rd ee dete the design. Failure to dose wernt ‘Professional misconduc, if fiture failures ‘ccurted (See same references as above) Ey ANSWER TO ETHICS QUESTION 2, 24a) Therules for issunace of a Cerificate of Authorization are describ TPP cerficate can be cancelled ifany of oe requirements are substantially changed, ™ A common reason would be if the Professional Engineer desiguated as ic Person who assumes Face ity nd supervises the engineering Servess, resigns, retires, qutsoris fired, or lose he her licence to practice for whatever reason iz {fthe company no longer provides Professional engineering services, o "The company fils to pay the anmuct fee 2.) A Professional Engineer is required RCetD UP to date with technical developments in accordance with the Code of Professional Conduct, Reg. 941/90 72,(2)(h) which clascinee "undertaking work the Practitioner is not competent to perform as Professional misconduct. In addition, the Caae of Ethics, Reg 941/90 section 77.1 requires the ShBincer to be knowledgeable and competert in tee Provision of engineering. 2(€) Its imporsant for a Png. to protect ‘RE public interest in engineering matters for ‘Wo reasons, an 2 is nor imponant to the engineer then he Stikes athe root ofthe philosophy regulating all of the profession in our society, ae 2c) A company that permis pees Without professional qualifications to practise engineering is acting Stee, Personnel ae eligible for P-Eng. registration, tg they should apply for it. If they are not eligible, then the company may be receiving poor quality Services, and the reputation of the company. 3+ The engineer may continue to remain a Ministry Fpphlovee, provided tha there is no conflict af interest with the construction business, and provided that th. Ministry (the employer) and the clients ofthe commune, Company are aware of the dual activities o The engineer must strictly avoid any constuction business that invol i i Regulation 941/90, section 72,(2)(c). Therefore, Supervisor ofthis projec, you have a responsibility to ‘enare that the public welfare is protected, : dees S; otter regulations, codes and standards usually exist Socatits, if you have aotdone so, already. (nat, simple However, in any technical area where safety isan ‘Yournext step would be to find and read theee. followed. Ifthe sub-contractor is Providing engineering services without a licensed engineer, thea you would require them to stop operation until they hired an engineer who could direct the work properly, Ifthe ‘sub- ‘contractor refused to do so, you would ask PEO to investigate and enforce the ‘Act. 32. In any quality assurance procedure, sinuous chain of people who are responsible {or guality ~ trom design, to manufaenue vo inspection an: ‘entation. The question implies that the quality assurance rocess has a gap init, since you are n oF the quality ssurance chain, and you do not have confidence inthe quality, Yous actions wo SBeressive if you bave proof of danger or incompetence, but the problem su about the procedure, 50 you would be Polite but firm in dealing with the sub-connexgc: ley ‘Ste satisfied, no further ation is required However, ifyouafe not confiden that weld lequately, You would contact a more Superior person within your company, in that the work is ed competently, and you woul fied Ig 5 ™Portant as this. All discussione ‘tonite documented in witng im casethey had se, ied later in a court case ANSWER TO ETHICS QUESTION 5, Drenden posed by the Chief Adminisrative Officer (CAO) wilt limit the quality ofthe solution that Mallmsult WT am correct (andthe protien ee Perience is valid), thea I would not Bid on the project since satisfactory resales won ; ore County will lose public money, the reflect batho mistakenly try to solve the prob loss of reputation, and this will Fe badly on the entire profession, In ele Words, many bad effects result fom the CAG) ‘trying to put '©) Contract Rectification - cour, Orde used to comect an obvious common . The party applying 33. 1G) Director's Duty of Care Every ‘rector and officer ofa corporation in Sxerelsing powers or discharging shall: Le on such as threatened or acmual violence Be oRESONMED oF a person, aclose relative hn sBteement executed under durees g) 1" OFS willingly made and accepted sng binding contact. See aw tens » 108 ) 1 sofybromise made without something Sf value (consideration ora seal) expected in Hep dnd therefore not legally binding Ismay be enforceabie under equitable stoppel,ifthere isa clear ‘equity. (See aw text, p88 under “equitable estoppel") 1G) Parol Evidence Rute ~ “Paros Oa comm” oF “verbal”. The parol evidence Tule states that if clauses my aaa SE not writen int a contace Shey te not enforceable in resolving 8 dispute. A contract teay Ofeourse always be amended by Agement. There are only a few exceptions aa thistule. (Seelaw text, p. 128.) = 1) Slender A defamatory oral statement a isslighly diferent rom libel, which ia writen or permanent "Y Salement. Either may be the basigatc wee (See Law text, p.53.) VO Five essentials of «binding conract: resent: ANSWER TO 2(a) Therearelong- of how you have interpreied the Guéstion.. : - ~ Questisit"fitisnbar 1 miist be “angwaidd by al Gididates. “Three ‘other questions may be selected, and four questions constitute a complete Part “B". ———~All full questions are of equal-value-———— ——— When answers for more thai the thrée ptional questions are submitted (in addition to Question 1) without stating which three are fo be considered, marks will only be awarded for the first three answers in the book. Part “BY - April, 1998 Page 1 of 6 pages Briefly define and explain any five of the following vetueneh es Sateinplating th ental consulting ‘very imipre President was also aware that her extremely busy scl aSioWbif[Of time She could spend on the ehiaronmental compliance audit hi nd, accordingly, -selecied the. younger employee engineer inthe hope that his involvement, particularly in view “of a formance on previous with the audit - his impressive ome ne matt iild decrease her super’ The employee engineer carried out an environmental compliance audit with respect to each of the properties identified and E Inc. submitted its reports on each property. Inchided at the outset of each rep i statement oe ns “This report was prepared by E Inc. for the account of Acme Ltd. The material in it reflects E Inc’s best judgement in light Of the information available to it at the time of preparation. Any use which a third party makes of this report, or any reliance on decisions to be made based on it, are the responsibility of such third parties. E Inc. accepts no Part “B” - April, 1998 Page 2 of 6 pages for any Toss; damay Of its Services under the (01 information pro submitied its:tender £-IMCO. contract with ACE to crush = -Rock Busters and crushing operations commenced. However, from the Déginining there was trouble with the operation. One of the components of the crusher, called the cone crusher, consistently became plugged by the accitimtilation of material, ~o SEah time he cone crusher became plig-ged. the coestion ects — down aiid the blockage: deated manually." In Some Cae, Si damage to the equipmient : Rock Bustérs inddé Several as correct the defect by making modifications af the site" and at ctushing equipment was never able to crush more than'30 tons of its factory” The materials per... --.-hour-- Part "B” - April, 1998 Page 4 of 6 pages iched by the accounting ~ equipment part ifth invoiced amouni ‘Of the iifomiation was provided, the accounting firmi requested that further additional information be’. provided prior to payment of the fifth invoice being due. Although the signed ~ did not obligate ABC to obtain such additional information, a representative ly informed the accounting firm that ABC would provide additional information as requestad, and prior fo paymient of the fifth invoiée being due. However, ABC never did so.” . . Thitty-one days after the fifth invoice had been received, ABC notified the - accounting firm that ABC was terminating the contract as the accounting firm had defaulted in its payment obligations under the specific wording of the contract. Part “B"- April, 1998 Page 5 of 6 pages Part “BY - April, 1998 Page 6 of 6 pages -ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO PROFESSIONAL PRACTICE EXAMINATION - DECEMBER 11, 1999 PART "A" - Professional Practice and Ethics ‘The total examination is in two parts, and both must be completed within the three- hour period. Each part of the examination, A & B, must be passed at one and the same sitting in order to "PASS" the Professional Practice Examination. The result.of the combined examination, Part A plus Part B, will be declared as "PASS" or "FAIL". Use the correct colour-coded Answer Book for each part, place in correct envelope and seal after completed: White Answer Book for Part A white question paper; Coloured Answer Book for Part B coloured question paper; This is a "CLOSED BOOK” examination. No aids are permitted other than the excerpts from the 1890 Ontario Regulation 941 covering sections 72 (Professional Misconduct) and 77 (Code of Ethics) supplied at the examination. Dictionaries are not permitted, The marking of questions will be based not only on academic content, but also on legibility and the ability to express oneself. if you have any doubt about the meaning of @ question, submit with your answer a clear statement of how you have interpreted the question. Candidates must attempt Question number 1 and any three of the other four questions; ie., four questions constitute a complete paper for Part "A". All full questions are of equal value. When answers for more than the three optional auestions are submitted (le., not including Question 1), without stating which three are to be considered, only the first three answers, as they appear in the examination booklet(s), will be graded. Where @ question asks if @ certain action by an engineer was ethical or not, a simple “yes" or "no" answer is not sufficient. You should identify the applicable clauses in Regulation 941 and comment on the action in each situation Page 1of4 a) For what purpose is a Certificate of Authorization (C of A) required? List two criteria thet must be met before an applicant is eligible for a C of A b) PEO is authorized to issue three types of licences: a full (P.Eng.) licence, a temporary licence and a limited licence. Point out the major differences in cach case. c) Explain what the expression “conflict of interest" means. d) One characteristic of the engineering profession is that it's self regulating. What does this mean? e) What is the main distinction between sections 77 (the Code of Ethics) and 72 (the definition of Professional Misconduct) of Regulation 941/90? & w Question #2 You are a professional engineer managing a division of an Ontario-based industrial equipment manufacturing company. The company has recently undergone a major personnel reorganization. The President, Vice-president and a number of Directors have resigned or have been discharged. You have been promoted to fill one of the vacant Director's positions. This position comes with a salary increase and increased responsibilities where you will be exposed to corporate confidential matters. Within a few weeks of starting your new position, you find some documents that appear to suggest the previous president had been diverting a portion of the company profits for personal use. Although you ‘were never privy to the reasons for the personnel reorganization, you wonder if this was the reason or whether you stumbled across a new problem. You are concerned that if you raise the issue, departures may occur resulting in decreased morale and possible company hardships. Do you have professional obligations to do anything further or would It be better just to leave the issue alone? Would you take any different action if the previous President was a professional engineer? Ethios Exam December/99 Page 2 of 4 Question #3 Professional Engineer Sigma has been engaged extensively in engineering activities in the international market. Sigma intends to expand his/her services into marketing consulting services, drawing upon the experience and personal contacts Sigma has made in the international arena. Sigma will represent engineering firms wanting to ~ work overseas but lacking the special background knowledge or resources to develop ir potential for international work. Sigma drafts a marketing agreement containing the scope of work which includes developing contacts within stated geographical regions, evaluating potential projects, and negotiating the terms of contracts between new clients and the represented engineering firm. For these services, Sigma will be paid a basic fee plus a retainer, negotiated on a case by case basis. Sigma will also receive a marketing fee, which is a negotiated percentage of the project fees received by the represented firm. This marketing fee is not paid if the represented firm does not win the job. Is it ethical for engineer Sigma to receive a percentage of the engineering fees for successfully marketed projects? Question #4 Professional Engineer lota is civil engineer managing the civil engineering department of Mechanism Consulting Incorporated. Mechanism has designated lota on its Certificate of Authorization as the person responsible for the engineering services. In 1993, Mechanism prepared the mechanical and electrical designs for a multi-storey building for their client, BuiltRight Incorporated. Although lota had little to do with this project, the drawings bore lota's seal. BuiltRight have just recently applied for a building permit and have informed lota that the designs are deficient in a number of ways. Contrary to the Ontario Building Code, fire dampers were not shown, fire walls were omitted, and the required fire rating specifications for some electrical equipment were missing, among other items. lota knows that both the electrical and mechanical designs were done by professional engineers employed in Mechanism's mechanical engineering department. What should lota do, given that very little of the design work was performed by lota? What further actions would lota have to take if the building was already constructed? Ethics Exam December/99 Page 3 of 4 Question #5 Professional Engineer Phi is employed by Delta & Associates, a large consulting firm. Phi's job includes designing and specifying electrical equipment. Many times Phi selects and specifies equipment made by General Electronics. Phi holds, in a self directed RRSP (Registered Retirement Savings Plan) 50 shares (out of 100,000 outstanding}, of General Electronics. This RRSP was set-up by Phi a faw years before starting work at Delta, Discuss Phi's action as it relates to the Code of Ethics and definition of Professional Misconduct, Would Phi have any different obligations or restrictions if 10,000 shares were held? Ethics Exam December/99 Page 4 of 4 ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO PROFESSIONAL PRACTICE EXAMINATION - DECEMBER, 1999 PART “B” - Engineering L; rofessional Liabili ‘The total examination is in two parts, and both must be completed within the three-hour period. Each part of the examination--A and B~must be passed independently in order to “PASS” the Professional Practice Examination; the result of the combined examination, Part A plus Part B, will be declared as “PASS” or “FAIL”. Use the correct colour-coded Answer Book for each part: White Answer Book for Part A white question paper; Coloured Answer Book for Part B coloured question paper; ‘This is a “CLOSED BOOK” examination. No aids are permitted other than the Section from Ontario Regulation 941/90 covering “Code of Professional Conduct” and “Code of Ethics” supplied at the examination. Dictionaries are not permitted. ‘The marking of questions will be based not only on academic content, but also on legibility and the ability to express oneself. If you have any doubt about the meaning of a question, submit with your answer a clear statement of how you have interpreted the question, Candidates must attempt Question number 1 and afy three of the other four questions; ie., Four questions constitate a complete paper for Part “B”. All fall questions are of equal value. When answers for more than the three optional questions are submitted (i.e., not including Question 1), withvut stating which three are to be considered, only the first three answers as they appear in the examination booklet(s) will be graded, TofS pages [December 11,1999 Per B - PPE} (QUESTION 1 TO BE ANSWERED BY EACH CANDIDATE) (MARKS) @8) 5) Briefly define any five of the following: @ Quantum merit ~ (b) Duress > (c) Gratuitous promise of (d) Equitable estoppel (e) Labour and Materisl Payment Bond (® Defamation ¢ HQ) Day to mitigate

    You might also like