PROFESSIONAL PRACTICE EXAM STUDY MATERIAL APEGGAb The Association of Professional Engineers, APEGGA Geologists and Geophysicists of Alberta THE NATIONAL PROFESSIONAL PRACTICE EXAMINATION ‘Regulations 13(c) and 77(c) accompanying the APEGGA Engineering, Geological and Geophysical Professions Act require that applicants pass a Professional Practice Examination, prior fo being registered. Similar legislation exists in every other jurisdiction in Canada, ‘The examination is based on professionalism, law and ethics and is administered in January, April, July and October in major centres throughout the participating provinces and territories, and in other centres throughout the world by special consent, The National Professional Practice Examination is currently being used by ten Canadian Associations. SCOPE AND SYLLABUS OF THE EXAMINATION ‘The following major subject areas are included in the National Professional Practice Examination: A. Professionalism (30%) 1) Definition and interpretation of professional status 2) The role and responsibilities of a professional in society 3) The role and responsibilities of a professional 10 management 4) Professional conduct, ethical standards and codes 5) Environmental responsibilities B. Professional Practice (20%) 1) Professional accountability for work, workplace issues, job responsi practice 2) Continuing competence 3) Business practices as a professional 4) Insurance and risk management 5) Professional and technical societies 6) Non-statutory standards and codes of practice lities and standards of C. Regulatory Authority Requirements (9%) 1) Fuuure topic 2) Future topic 3) Occupational health and safety 4) Workers compensation 5) Other statutory standards of practice D. Law and Legal Concepts (25%) 1) Canadian legal system 2) Contract Law - elements, principles, types, discharge, breach, interpretation etc. 3) Tort Law - Elements, application of principles, interpretation, liabilities of various kinds, 4) Intellectual Property - patents, trademarks, software issues, copyright5) Arbitration and Alternative Dispute Resolution (ADR) 6) Expert Witness 7) Business Organizations 8) International Law E, Legislation Governing the Practice of the Professions (16%) 1} Definitions of the professions and scopes of practice 2) The Acts 3) Regulations and By-Laws 4) Registration 5) Discipline and enforcement 6) Use of seals and stamps ‘The National Professional Practice Examination consists of 100 multiple-choice questions. Itis, closed-book and is two hours in duration. The questions are distributed in accordance with the percentages shown above. All candidates, regardless of whether they intend to practice engineering ‘or geoscience, are required to write the National Professional Practice Examination. Some Associations have extended the National Professional Practice Exemination in their jurisdictions by adding multiple-choice and/or essay questions to the National Professional Practice Examination, and in those cases, candidates are allowed additional time to complete the examination. Contact the ‘Association with whom you wish to register for specific details. ‘The pass mark is 65%". The examination results are reported as "pass" or "fail" with a report provided only to candidates who have failed, indicating the candidate's specific performance in ‘each category. You are not penalized for wrong answers. The grade is final *Pass marks may be slightly adjusted for individual sessions based on valid psychometric factors designed to ensure that over time, and among groups of candidates, pass-fail decisions are made ‘on a consistent basis, APPLYING TO WRITE THE EXAMINATION a ‘The form, Application To Write The National Professional Practice Examination, must be used when applying. It provides more information on fees, deadline dates, examination dates etc., and must be accompanied with the appropriate fees. It must be received on or before the deadline date indicated on the application, Approximately two weeks after the deadline, you will receive a leter advising you of the time and location of writing. You will also receive an admission slip, which must be brought to the ‘examination with one picce of photo-identification eg. Driver's License. Four to six weeks after the examination you will be advised of the results by mail. Por many, a pass may be the last step in the registration process. For others, there may be additional requirements before registration is granted. Failing the National Professional Practice Examination means that ‘you will be required to re-take it at some time in the future, You will uced to submit another ‘Application to Write along with another examination fee. Ia the event that you fail the examination ‘more than once, the number of re-takes may be limited by the province or territory and your right to write the examination may be suspended for up to 12 months.ELIGIBILITY/EXCEPTIONS ‘Most Associations fee! that it is beneficial for applicants to have at least two years of work ‘experience after completion of their formal education before attempting to write the National Professional Practice Examination, To be eligible to write The National Professional Practi Examination, you must also have an active application for Professional Membership, Registered Professional Technologist, or be enrolled as a Member-In-Training, Examination Candidate or ‘Student, An exemption may be granted to applicants who have passed a similar examination in another jurisdiction or who have been registered by another Canadian Association prior to the ‘implementation of the Professional Practice Examination, but such applicants are stil required to read, and confirm in writing that they have read the Act and Code of Ethics, and agree to practice their profession accordingly LITERATURE ‘The following isa list of study materials required. They can be obtained from the Association offices in Calgary and Edmonton by using The National Professional Practice Examination Literature Order Form. Basic Kit (for all applicants) All applicants with the exceptions noted will be tested on the primary literature, It is recommended that applicants print copies of the supplementary study materials available at: http://www.apegga.ore/nppe/PDF/index. html to gain additional insight into the topics in the syllabus. Primary Literature 1. Canadian Professional Engineering and Geoscience: Practice & Ethics —G.C. Andrews, 2004. 2, Practical Law of Architecture, Engineering, and Geoscience ~ Samuels & Sanders, Canadian Edition, 2007. 3, Industry Canada Booklets: + A Gnide to Patents + A Guide to Trade-Marks - A Guide to Industrial Design = A Guide to Copyrights 4, The (APEGGA) Engineering, Geological and Geophysical Professions Act, ‘Regulations and By-laws including the Code of Ethics, April 2007, or the equivalent documents for the Association with which you wish to register. Guideline for Ethical Practice v2.0, March 2003. ‘The Concepts of Professionalism — September 2004. Occupational Health and Safety Act of Alberta. Revised Statutes of Alberta 2000, Chapter 0-2 effective May 26, 2006, 8. Royal Bank Letter — “The Soul of Professionalisin” Vol. 71, No. 6, December 1990. 9, Basic Learnings in Industrial Safety and Loss Management, ISLMP and APEGGA Publication, January 1998. Portions of the Basic Kit are also available for those who can borrow some of the material and aretrying to save some money. ‘Supplementary Study Materials. Go to http //www.apegea.org/nppe/PDF/index bum for available supplementary study materials, Candidates who fec! that they could benefit from the supplementary study materials are welcome to print copies ofthe files for study purposes. Candidates should check the Supplementary Study Material website periodically for the availability of new papers. SAMPLE QUESTIONS Each question is multiple-choice with four possible answers. Old examinations are not available, however, sample test questions are provided below: 1. According to the Code of Ethies, which of the following activities by a professional member ‘would be considered UNETHICAL? A. Not charging a fee for presenting a speech. ‘*B, Signing plans prepared by an unknown person. C. Reviewing the work of another member with that member's consent. D, Providing professional services as a consultant. B. is correct. It is unethical for professionals to sign plans not prepared by themselves or under their direct supervision, 2, Which of the following is an example of a fraudulent, contractual mistepresentation? A. A party is coerced into signing a contract by means of intimidation, *B. A party knowingly makes false statements to induce another party into a contract. CA party induces his son-in-law to sign an unfair contract. D. A party unknowingly provides false information about a portion of a contract. B is comect. Knowingly providing false information to induce » contract is fraudulent smisrepresentation, 3. Contractual disputes of « technical nature may be most expeditiously and effectively solved through: Aa lawsuit, B. court appeals. C. contract renegotiations. *D. arbitration. D. is correct. Arbitration provides an effective, expeditious reslution to technical disputes. 4, Which type of original work below is automatically protecte«: by copyright upon creation? *A. Paintings. B. Inventions.C. Clothing designs. D, Signatures. A. is correct, Of the works listed, only a painting is protected by copyright law. 5. In order for compensation to be awarded to a plaintiff in a tort liability case, the defendant must have: *A, Caused injury to the plaintiff. B. Been willfully negligent. C. Signed a contract of performance D. performed under supervision. A. is correct. Injury is one of three criteria that must be met for compensation to be awarded in a tort liability case 6. Which of the following is the most common job activity of top-level managers? A. Writing and reading comporate financial reports. B. Developing and testing new products. C. Designing and implementing production systems *D. Disecting and interacting with people, D. is correct. Most top managers spend most of their time interacting with other people. 7. The professional's standard of care and skill establishes the point at which a professional: A. may or may not charge a fee for services B. has the duty to apply "reasonable care". *C. may be judged negligent in the performance of services, ‘D. has met the minimum requirements for registration, C.is correct. The standard of care is used to judge whether or not a professional has been negligent in the performance of services. 8, To effectively reduce liability exposure the professional enginzer, geologist or geophysicist should: A. pursue continuing educational opportunities. B. work under the supervision of a senior engineer, geologist ot geophysicist. *C. maintain professional standards in practice. D. provide clients with frequent progress reports. C. is correct, Maintaining professional standards of practice is the most effective way of reducing liability exposure, Revised MAY 2007cove oF ETS CODE OF ETHICS (established pursuant to section 19(1)(fof the Engineering, Geological and Geophysical Professions Act) Preamble Professional engineers, geologists end geophysicists shall recognize shat professional eties is founded ‘upon integrity, competence, dignity and devotion to service. This woucept shail guide their conduct at all emes Rules of Conduct 1 Professional engineers, geologists and geophysiists shal, in their areas of practice, hold paramount the health, safety and welfare ofthe public end have regerd fer the environment. 2 Professional engineers, geologists and geophysieists shall undertake only work that they ere competent t0 perform by virtue of their taining and experience. 3. Professional engineers, geologists and geophysicists shall conduct themselves with integrity, honesty, {eiroess and objectivity in their professional activities, 4 Professional engineers, geologists aud geophysicsts shall comply with applicable states, reguitions and bylaws in their professional practices. 5 Professional engineers, geologists and geophysiciste shall uphold and enhance the honour, dignity and ‘eputstion of their professions and thus the ability of te professions ta serve the publie interest1. A professional is best characterized as an individual with: A. significant training and extoneive experiancs in a siven field. B. responsibilities for overseeing and controling the technical quality of work of subordinates, ‘competence which results from the responsible and C ethical appiication of expertise, D. a certificate or degres that ‘grants a high level of status resulting from specializod knowledge within a given field. 2. A distinguishing function of the engineering, geology and geophysics professions in industry is in the area of: design, interpretation, or analysis. B. technological innovation. C. supervision D. management of production schedules. A. 031-3 3. The prime consultant on a major multidiscipline project has been pubtidly criticized for some obvious problems, Some sub consultants working on the project are contacted by a newspaper reporter for ‘comments on the matter. As responsible professionals, in this situation, the sub consultants should; A. seek legal advice before making a statement. B, advise that they have no knowledge of the matter. C. provide their personal opinion only. advise that all comments must came from the prime consultant who employs them, bo¥ ob. 4. A professional member under contract to the government, is assigned to work on an environmental protection project. Just as the design phase of the project reaches completion, the government announces a cutback which results in the project being terminated. The professional member has an ethical obligation to: ‘Ay _ reduce the fee charged for the * — j9b in proportion to project ‘completion since the entire job was never actually completed, explain the environmental and economic consequences of the termination decisian to the goverment C. release the details of the possible environmental impact to the public. 1D. take no action, since itwas a government decision to terminate the project. DB * 031-4 5. A professional member employed by a company is responsible for a project which requires that an expensive access road be built through an environmentally sensitive area. ‘The professional member has an obligation to: minimize the construction costs of the access road in ‘compliance with the company's contract. ‘ensure that the company is aware of the ervirormental // constraints affecting road construction and ramifications of noncompliance. minimize environmental damage regardless of construction costs. resign from the project the ‘management refuses to abide by environmental requirements and regulations.6. Ayear ago, a registered member 7. How are professions usually of a professional association was controlled? hired by a company which was developing a highly confidential experimental process. Recently, the member discovered that a A, They ate directly controled by government. safety relief valve on one of the — B. They are allowed togovern process tanks opens periodically themselves. and releases toxic vapours into the atmosphere. The member C, ‘They are subject to the suspects that the level of toxicity requirements of employers in exceeds environmental relevant fields. standards but is not absolutely certain. The member has raised D. They are subject to the this concern with the employer requirements of collegas and and has been told that itis ck Universities with relevant and not to worry about it. The | programs. professional member should: A. tollow the advice of the ‘employer and stop worrying 8. It would be considered unethical about it for a prospective consuttant to start a consutting practice by ‘seek a second opinion from a quitting and: professional outside the firm report this concern to the icine eater toca erviranmental authorities Hecate because the member could be partnership, held personally liable for not taking along one or more of Wit ital ing J fecun eee the former employer's clients. 1D. . report this concem to the setting up a business identical press because professional to that of the former employer. duty to society takes precedence over duty to an 1D. obtaining financial backing employer. from the former employer. 031-59. A professional member in an industrial firm is obliged to report information regarding deficient product quality to: p> A. management, v B. customers. C. the appropriate govemment department. D. the member's professional association, 10. While science and technology have generally contributed immense benefit to humanity, the process of industrialization sometimes introduces new problems. Which of the following is the best example of this concept? ‘A. overcrowding of residential areas surrounding an Industrial site. the development of low compression automobile engines making it ‘i unnecessary to add lead to gasoline. oe & so C- the dumping of untreated wastes from a pulp mill into a lake used to provide fresh fish for human consumption. D. the use of fow-sulshur natural ‘gas as an energy source for Generating electricity instead of high-sulphur coal, 031-6 11, If a company doing contract work on a project knowingly contravenes the law or conceals a hazard, a professional member in that company should first try to convince the company to correct its actions. if unsuccessful, that professional member has an ‘obligation to report the facts A. top management. B, the cumer ofthe project and appropiate regulatory authorities. C. the public. D. the professional association, 12. The primary role of management toward the professional should be to: ‘A. provide detaited technical knowiedge. B. train the professional fora ‘managerial role. C. ensure that technically sound solutions provided by the professional are economically Viable. maximize the professional's |“ potential,13, Nitrogen oxides are normal products of combustion which: A are not harmful to plant and ‘animal life since nitrogen is such a large constituent of the air we breathe, ‘can be converted into nitric acid in the atmosphere and ccan then fall to earth as acid rain. ‘can be significantly reduced by raising the temperature at which combustion occurs. make up the smog found ‘around large European cities where coal with a high sulfur content is used as a fuel 14. 031-7 Engineers, geologists and geophysicists must inevitably consider the potential negative impact of technological projects on society, Which statement below best represents a Gtilitariap approach to this consideration? A. aproject must be economically viable so thet it does not become a financial burden on saciaty. B. the benefits of a project to society must clearly exceed the disadvantages. C. the envirenmental impact of a project must be negligible. D. project must not jeopardize the safety of the public in any way.18. The prit pal purpose of a professional ethical code is to provide: A. a basis for assigning legal rights and responsibilities in ‘court cases, B. _ standards for appropriate behavior in the relationship between professionals and their employers, C. guidelines for ensuring hich standards of professional conduct in relations with the public and fellow professionals. D. criteria tor assessing the validity of charges of professional incompetence. o: 131-8 16. Current legistation established tor the purpose of controling air pollution is: AL exclusively the responsibitty ‘of provincial environmental authorities, B. exclusively the responsibilty of federal environmental authorities. C. primarily the responsibity of federal environmental authorities with only some areas of jurisdiction which are the responsibilty of provinces. D. primarily the responsibilty of provincial environrental authorities with some areas of jurisdiction which are the responsibilty of the federal authortles. geologists and geophysicists have an ethical ‘obligation to the public to take positive action if they observe an employer: A. grossly overcharging for their services, B. Violating the law or safety requirements, C. failing to respond to public concems, D. hiring sub professional personnel to do professional work,18, According to the Code of Ethics ‘established by the professional association, which one of the following constitutes UNETHICAL conduct? A. falling to resign from a project which may adversely affect the public. B. serving simultaneously as a consultant to two competing clients on two different Gitferently scoped) projects, C. failing to divulge knowledge of unethical conduct by another professional member to the professional association D. providing a negative appraisal of a professional member tunder consideration for ‘employment 031-9 19, A manufacturer is competing for a contract to produce a component for use in a production process. A professional member was hirad to design the component but in doing the design calculations, the professional member found that the thickness of the material sed In the component would need to be increased, thereby significantly increasing the cost of the component. The manufacturer knows that increased costs would likely result in the loss of the contract so the manufacturer asks the professional member to revise the calculations to show that the ‘component can be buift using thinner, less expensive material The professional member will likely be dismissed if the manufacturer loses the contract. ‘The professional member should ‘A. consider public safety and if public safety is not an issue, should make the revisions requested by the manufacturer. B. make the revisions requested but rofuse to seal the design documents. ‘the manufacturer and explain ‘that making the changes would result in a viotstion of the code of ethics. pC. review the design detals with 4 1D. refuse to make any changes even if it means being dismissed.y | ® 20. Consultant A has become aware that Consultant B Is taking advantage of an unsophisticated glient by submitting very excessive invoices for the work done. Because Consultant Ais more concemed with the charges rather than the quality of Consultant B's work, Consultant A should initially: A. discuss the matier discreetly with Consultant B's client B. report the situation to the professional asscciation, C. discuss the matter on an we ——P informal, friendly basis with Consultant 8. D. donothing. 21. Which of the following is NOT a function of a professional association? A. iving members an identity, status, a career, and a career path. B. establishing standards of Cc professional practice which members must moet or exceed, C. protecting members from ——p ~ _ publicor governmental accusations of incompetence. 1D. _ ensuring that professional degrees meet certain standards. 22. Which of the following characteristics most significantly separates professionals from non- professionals? A. professionals are normally paid more than non-professionats a B. loyalty. C. professionals identify with their occupations.

D. equitably to ail of the partes invowved in the project. 37. Arbitration most commonly takes place between disputing parties, when: 89. A professional member who is ‘beginning consulting work is they mutually consent to. most likely to fall because of a arbitration. lack of: B. the dispute is too small to be Coarse seaanr dealt with in court. P 7 \% B, technical training SG. itis aproliminary step to get Lee C~ 6. professional reputation. D. allother avenues for setting “ coe the dispute have been tried (sj Peedeea neces: Sout \one 031-1544. Which one of the following forms of advertising conforms most closely to the Code of Ethics? ‘A ful page pictorial ‘advertisement it local newspapers showing a maior Project recently completed by a ‘consulting fim and including the statement "We are proud to have contributed cur professional {alent and services to an important milestone in the ‘development of Canada’s naturel resources." Abrochure put out by a Consulting frm summarizing the finns fecttes, iting is major brofsesionel ernpioyees with their {qwallcations, major projects accomplished over past yeors and indicating what kind of sarvicos the firm offers. ‘A.company contracts with @ pon ‘manufacturer fora supply cf a unique styfe of pens displaying the company title n an. unobtrusive and modest sto. It ‘gives each ofits professionel employees a supply of ese. Bens for distribution fo cents and ‘any potential clients with whom the employees come in contact. ‘A professional member who specializes in the design of wood basements contracts with tetevision commercial pubic relations fim to produce a one minute commercial depicting a properly constructed basement designed by the professional member and then ilustrating one which was inadequately designed. The description ends with a display of the professionat member's businoss card. 031-17 45. The greatest benefit of completing a graduste degree (master’s or doctoral) is that: A ‘one's lifetime eamings may |” be substantially increased. ‘one's professional fife may be ‘considerably extended. Itleads to a career in esearch and development or ln teaching. it contributes to one's ‘confidence and seff-esteem, 46, The inclusion of a force majeure clause in a contract: A allows termination of ‘contractual obligations upon completion of substantial performance by the parties, excuses delay in the performance of a contract ‘upon the oocurrence of ‘events beyond the normal ‘expectations of the partes. provides for liquidated damages in the event of delay in completion of the contract gives elther party a right to Tecover for breach under the theory of quantum meruit.ona project 48, In the event of an environmental site, a contractor discovers that incident at a work site in which certain hazardous chemicals had an environmental infraction has been buried on that site, just a occurred, who is normally few metres bolow the surface, ‘exempt from liability? Asa result of the discovery, the project is delayed to allow for the A. the foreman and the workers ‘collection and disposition of the ‘on the job site atthe time of hazardous chemicals. Project the infraction ‘costs Inerease significantly. ‘Who would normaily be B. the professional member on ‘expected fo absorb these costs? the job. Bh G.corporate management wt a one. are not directly involved in PB. the owner “ activities at the work site. 2 D. nobody. There are no C, the consultant. —> ‘exemptions from liablty for ‘ronmental inractl D. _allof the above are jointly eile responsible. 50. Most technical societies exist for 48, Arbitration is best described bee aces ; as? A. enforcement of professional —f A. ajudiclal proceeding (A eee v7 B. anexpression of opinion of =|, \y 2B. disseminating information. a ane | C. protecting the public. ©. ametnad of preventing See D. enhancing the image of the controversy ncing D. procedure for supervising a contract 031-1851. Corporations found guilty of violating the Occupational Health and Safety regulations may be subject to panalties of: A. withdrawal of ficense to ‘operate after the second offence in any one calendar year. B. withdrawal of health insurance coverage after the second ‘offence in any one calendar year. ‘a minimum of $20,000 for each offence. ‘2 maximum of $500,000 for each offence. Gnd bs Bieeeseee V Under the terms of the Workers" Compensation Act or equivalent to the permanent disability of the worker, 031-19 legisiation, a worker who is committee is required: Injured on the job is entitled to week oe Aber t= collect benefits: A, atall ark places. A. provided the worker was not 2 3B. at most work places where 20 ound to be negligent while EN for more workers are performing the job. (> employed. B, provided thatthe injury was CC. atany work place where 5 or nol the result of negigence on more workers are employed. ‘he part ofthe employer. i | D. atany work place at which a ©. regardless of faut. worker has been inured on the job during the previous 1B. onlyif the injury does not ead twelve month period. 83, The Canadian Labour Code is a Federal statute which regulates all cf the following except: A. employee entitlement to holidays and vacations. B. an omployee's right to refuse to perform unsafe work. C. the basis on which an engineer, geologist or geophysicist, who is a citizen ‘and resident of the United in Canada 1D. cattification of trade unions. Accarding to the provisions of the Occupational Health and Safely Act, a health and safety56. If a worker who is not a member 57. Under provisions of the of a union is unjustly dismissed Occupational Health and Safety by an employer, that worker: legislation, a worker who has reasonable cause to believe that A. may appeal a union even the work place in which that though the worker Is nota worker is working is unsafo, may: union member. B. c. D. intention is recorded by vatitten notice, aaa ae ae eee : was Sas much Of 0 court awards a "quantum 77" Seserve meruif payment non-defaulting party ignores the breach of contract.62. In order for a false statement to be classified as a fraudulent misrepresentation, it must have been made: A. under oath, B. for personal gain. d. Cc. PD. under duress. oowingly. v7 63. A patent that has been issued for an invention can be transferred to another party only ifthe: A. original inventor has died. B, other party helped develop fhe invention. a £4 Cc. assignment s registered with the Patent Office. D. assignments exclusive. 031 - 22 64. A mandatory arbitration clause in a construction contract means that A. both parties must give up the right to sue each other in the event of a dispute, B. minor disputes are referred to arbitration and only major disputes are taken to the courts. C. the courts dacide which disputes thay will deat with and which disputes they will refer to arbitration. parties may not proceed to S fesclve disputes by lawsuits but must subrmit the disputes to arbitration. 65. In most legal cases, the function of an expert witness is to: A. provide character references for the plaintiff or defendant. Interpret technical information, impartially for the Judge. C. provide estimates of valuation for determining the amount of awards. D. give opinion evidence involving scientific or technical knowledge.68. A group of professionals has established a corporation for the purposes of conducting their professional activities, By doing 80, the shareholders of the corporation realize the benefits of limited personal liability except ifthe: A. comporation goes into bankruptey. eeeneue ee FP ‘an individua! perpetrating a 0 fraud. C. liabilities of the corporation exceed ifs assets D, corporation defaults ona bank oan, 67. Professionals working on projects in other countries should avoid payment of secret commissions, bribes and kickbacks which are sometimes part of the culture of some. foreign countries, because it: ‘A. could be contrary to business /” ebics. B, cannot be documented as a legitimate project expense. ‘could be contrary tothe laws, of the foreign country, D. could establish an expensive precedent and a lavel of expectation for future projects in that country. 68, 68. 031 - 23 {fan obvious item is overlooked ina written contract the court may hold that: A. the contract fs invalid. B. the contract be renegotiated. C. an implied condition exists. D. {thas no authority to rule on the matter, oe In order to qualify for registration oy under the Industrial Design Act, ~~ (0% an industrial design must be oe substantially original and must: 9% A. have auseful function B. make unique use of materials ‘or employ new technique in its construction contain features that appeal tothe eye have been constructed and its function demonstrated9 70. A major section of the Combines ‘ Investigation Act, now known as + the Competition Act, deals with: A. productiiability, oN B, _typas of business ownership. J “PC. misleading advertising. A D. patents. : “] 74. Public disclosure of an invention before filing wall: A. give the inventor right of first refusal on the invention. | ‘ B. give the inventor priority for C filing an application. C, make it impossible to obtain a valid patent. (0) provid APO fatod to develop tie -V invention. \ wl ie ' \ ade cdo cond os ons 72, Tort concept of fault has extended the scope of products ty by the: pplication of the notion of reasonable care. B. application of explicit warranties. & 6, avallabitty of iabiity Insurance, 1D. extension of the notion of fraud. 73. The fundamental purpose of tort law is to: A. protect consumers. ze 8) Gompensats Mictims of tortious ae ® Sees m f C. establish professional standards, D. distinguish between négligence and malpractice, 031-24a os 74, An appeal by one of the parties 75. to a court of law, questioning a decision of a Board of Arbitration, will be Succaestu if the arbitration awl A, included en error in taw in the. n award, is appealed within 30 days, C. was held with a board consisting of one person, D, was based on an interpretation of the evidence presented to the Board of ‘Arbitration. In court, when an expert witness is called to testify, the expert witness: ‘A. must restrict testimony to the statement of nothing but the facts. B. is permitted to make any statements the expert witness wishes to make because the court considers the expert witness to be an "expert". “D opinion wih respect to the atea of experlise held bythe expert wines D. isnot key to be cross-examined because the court considers the expert ‘witness to be the undisputed "expert". is permitted to express an d 031-25 76. The courts would find misrepresentation to be “innocent” but not “fraudulent” when: ‘A. the accused felt that the mistepresentation was not serious. false. > B, the accused party did not ie er anprecate that e statement Is c. the subject is not within an professicnal member's area of expertise, D. the accused parly makes a written statement but does not include it in the contract 77. Directors and officers of Corporations in exercising their powers and discharging their duties shalt: A. ensure they protect ——f> __ themselves from the labilies associated with the postion \ B. sign off on the statutory IN provisions imposing WD fesponsiilties on directors C. exercise the care, diligence po Rashitnata reasaeatyy prudent person would exercise in comparable cirournstances. D. disclose any shareholdings: they may have.78, The term "Trade-Mark" means a mark: A. used by a manufacturer to protect new processes, machines or products. B. assigned toa manufacturer by the trade-marks office. used to distinguish the product of one manufacturer J from sinilar products manufactured by others D. that clearly describes the source of the goods. 031-26 i | 79. Tenders have been solicited for the design of three large projects. Representatives of the only three consulting firms capable of realistically bidding on these projects meet and orally agree on a collective bid strategy ‘whereby each firm will be tha successful bidder for one of the three projects. What is the legal status of this bidding agreement? ‘A. tho agreement is not legelly binding because itis an oral agreement. B. the agreement is legally binding notwithstanding that is an oral agreement. the agreements not egely // binding because itis for an unlawful purpose. the agreement is legally binding provided the successful bids reflect hourly ‘ees for services faling within the range of acceptable fees prescribed by the professional ‘association,80, Which of the following woutd 82, Errors are contained in the NOT be classified as a trade ‘specifications and drawings: secret? prepared by a professional firm for inclusion in a government Ace tender package. The successful zi tenderer suffers losses as a Pee eae creas result ofthese errors and sues a "7 the professional firm. The most Sc, apatented invention likely outcome of the lawsuit is Ee se that the professional firm D. alist of customers A. notliable because there is a disclaimer clause in the goverment tender package. 81. The courts would generelly en consider that a term nol included ide loves ot cae baton ina contract is “implied” and u nd the suocessfl tenderer therefore applicable to the contract: C. table for negligent ra imisreprevertaton, A. iftis clear thatthe parties | / Ps must have intended that the Ps appied term exists, D. _ Siable for fraud. a B. ifthe termwas agreed upon verbally. C. the term is sometimes included in other contracts. D, the term was the intended objective of one of the parties, 034-2783, Professionals who undertake international projects can sometimes reduce the risks inherent in such projects by: ‘A. establishing @ working f —> relationship with a local ‘advisor or partner, B. arranging for an adequate insurance policy which would underurite ali possible losses. CAC. establishing a close working relationship with senior government and political faders. 1D. _ solicng assistance from the ‘World Bank. 84, A business organization may be formed to practice professionel engineering, geology or geophysics in Canada providing that: A. the major shareholders in the ‘organization are also registered professional members or Hcensces of a provincial Association of Professional Engineers, Geologists and Geophysicists. the business organization is federally incorporated. —_ ©) the employee or director responsible for supervising the professional work done by the organization is a professional member or ficonsee af the provincial professional association in Which the ocganization conducts business. D. the professional association has reviewed and approved the organizational structure of the business organization to censure that it complies with es 031-2885. \ yo eX (00 How are a admission standards established for professional associations in Canada? ‘Admission standards are legistated by the Federal ‘government and therefore are the same in all parts of Canada, Admission standards are established Independently by each provincial govemment and therefore they are contained in the statutes of each province. ©. Admission standards are established by provincial professional associations to reflect periodic changes in supply and demand of professionals. D. Admission standards for alt of Canada are established by the National Council of Professional Engineers, and all professional associations in Canada must comply with these standards. Geclogists and Geophysicists, a i, 031-29 86. On receipt of a complaint about the conduct of a person who is registered with a professional association, the association shall: — &) interview the complainant to a —/ obtain firsthand details of the ‘nature of the complaint 8 conttapretnay | / invostgatenn the mater C. hold a hearing on the matter with the complainant and registered person present. D. suspend the registration of the registered person pending resolution of the matter. 87. According to the regulations accompanying the Engineering, Geology and Geophysics Act, a ‘confirmatory examination is defined as an examination in order to: A. complete academic deficiencies, assess an engineering, geology or geophysics degree. C. test communication abilities in the English language. D. demonstrate general knowiedge related to the Practice of the professions.88. One of the requirements for registration as a professional by a province's professional association is that a person must: A. have adegree in engineering, geology or geopiysics from any university be of good character and // reputation. ©. bea resident of that province. D. bea member of a technical sociely recognized by the professional association. 89. According to the Act, the Investigative Committee may terminate an investigation into a complaint about the conduct of a member at any time if: It is of the opinion that the a ‘complaint is frivolous or vexatious. B. the complaint is withdrawn. C. the Couneil directs the complaint to be cismissed. 1D. _ the member resigns. © 031-30 80. If a professional member personally prapares a technical report but does not apply a professional seal to the documents that are included in the report before releasing it, the professional member: A. cannot be held professionally “ responsible for the technical aspoct of ie report. B. cannot be held legally a responsible for the technical aspect of the report. ©. is only professionally responsible for the technical / aspect ofthe teportifitis — v/ shown thatthe professional member was involved with the preparation work. D. is only legally responsible for the technical aspect of the seport in the event of a court ‘case resulting from a design error.81. Which of the following persons. must comply with the Professional Enginsers, Geologists and Geophysicists Act? —— A. members-in-training. ae Ow B. c. prospectors engaged in prospecting. facuity members winase activites are limited to teaching enginooring, geclogy ‘or geophysics. technologists under the ‘supervision of a professional member. 92. Which of the following does not apply. Council, as governing body of the Association shall pA. approve the registration of ve professional members B. exercise the powers ofthe Association in the name of and on behalf of the a Association, C. submit an annua! report to ths Minister on the business and affairs of the Association. D, manage and conduct the business and affairs of the Association, A —pio 031-31 af 98: Consideration is an essential part of an enforceable contract, However, a contract can be formed without exchange of something of value if: ‘A. amember of the organization Is gcing to do the work B. the contracts with a charitable group. C. _allpatties involved state that, there is mutual bust the document is "sealed." J94, Provincial statutes provide for the cancallation of registration in a professional association for various reasons. Reinstatement is permissible only under certain circumstances, From the situations given below, select the ‘one for which reinstatement is typically NOT permitted. A. allicensee whose registration ‘was cancelled more than five years ago. B, _ aprofessional member who obtained registration by fraudulent means C. aprofessional member whose registration was cancelled because of an extended paried of employment outside Conada, D. professional member whose fegistration was canceltad 25 a result cf disciplinary proceedings 034-32 95. An applicant for registration as a professional member states that the applicant had been previously convicted of an offense under the Criminal Code of Canada, How does this previous conviction affect this person's application for registration? A. The professional association must refuse this applicant's request. ‘The applicant, having served the sentence, is entitled to be rogistered. ‘The professionel association may approve the applicant's registration ifit sees fit. D. The applicant may be registered ifthe convvicton for the offense had occurred at least three years prior to the application for registration,96. According to the Engineers, 97. According to the Act, the Court Geologists and Geophysicists ‘may grant an injunction directing Act, which person must be: any person to cease registered with the professional contravention of the Act at the association? request of: ‘A. a superintendent providing ‘A. the discipline committee on contractual supervision of application by way of construction of aralitoad summons. ‘ bridge designed by a professional member. B. the President of the association on application by B. a technologist engaged and 7 way of originating notice. ‘supervised by a professional a. ‘member. ©. the Professional Practice and . Stendards Committee on ©. amember of the Canadian application by way of Forces while actually a summons. employed on duty with the ‘way of originating notice D. an individual employed by a consulting fim as a ——P professional engineer, geologist or geophysicist. 98. Investigated persons who are found guilty of unprofessional conduct or unskilled practice or both may be ordered to do any of the following except A. payafine + B. perform voluntary coramunity /” vy service. C. take continuing education courses. D. practice under the supervision of a professional member 031-3399. When a corporation which has 100. In several provinces, the been engaged in the practice of professional associations may engineering, geology or issue a cortficate of geophysics relinquishes its authorization ora permit to responsibilty for the practice, the practice engineering, geology or Regulations require a geophysics to a company professional member or licensee intending to engage in the to: practice providing that the: A. transfer that responsibilty to A. company employs at least another member or licensee one professional member of inthe company. ‘the professional association B. inform his immediate _——5p-B. practice will be personally supervisor. supervised by a ful-time ‘Te Te pees advise the Register ofthe ¢/” >. member of the professlonal ‘Association. association working for the company. D. advise the Council C. company makes a proper application on the prescribed form and pays the specified registration fee, D. company is incorporated under the Companies Act of any Canadian province of territory. ‘You have completed the test! 031-34Page 1 of 1 file:/]CAWINDOWS\TEMP\L-4.pg, 04/10/2003Page 1 of L filev/C:AWINDOWS\TEMP\S-6.ipg 04/10/2003Page Loft file://CAWINDOWS\IEMP\7-8.jpg, 04/10/2003Page 1 off ‘ilex!/CAWINDOWS\TEMP\9-10,jpg 04/10/2003,Page Loft file:#{CAWINDOWS\TEMP\L1-13 jpg, o4ni0r2003,Page 1 of 1 Giled/CAWINDOWS\TEMP\14-16,jpg 04/10/2003Page lof 1 filo:/CAWINDOWS\TEMP\7-18.ipg. 4/10/2003Page 1 oft file:dCAWINDOWS\TEMP\19-21 jpg. 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