Module 5 Notes

2021-02-03
MINE 8020
Module 4
Ethics –
Management, Private
Practice and the
Environment
1
Hiring & Dismissal MINE8020: Module 5 2021
What constitutes wrongful

dismissal?
“a situation in which an employee's
contract of employment has been
terminated by the employer, where
the termination breaches one or
more terms of the contract of
employment, or a statute
provision or rule in employment
law” 2
1
2021-02-03

dismissal?
• Forced resignation
• Demotion
• Downward change in reporting
function
• Unilateral change in responsibilities
• Forced transfer
• Serious misconduct of employer
3

dismissal?
Best to seek legal advice before

making hard decisions
4
2
2021-02-03
Reviews & Competency Evaluations

MINE8020: Module 5 2021
• A review could be for

accuracy, which is client
oriented
• Or a review to assess
performance which employee
oriented (no secret
reviews, you must sit with
the employee, discuss and
log!) 5
Reviews & Competency Evaluations

The outcomes of this:

• Maintaining competence
in your workforce
• Being the manager you
have the duty to assist
in the development
and competency of
individuals
6
3
2021-02-03
Conflict of Interest
• As a manager, you are expected

to set, and lead by, example
• To do this, you must have clear

company policies that can be
reflected in a Code of Conduct
for example, or in contracts
• Items such as “gifts” – or

things that could be viewed as
gifts (or bribes!) need to be
specified in policy
• Policy should also dictate the

discloser of such conflict
scenarios
8
4
2021-02-03
• Discrimination policy is
handled very similarly (lead
by example, bias, favoritism
etc.)
Consulting
• Examples of items that

need to be considered in
the management of a private
practice:
• Client-consultant
relationship
• Advertising
• Competitive bidding
• Professional competence
10
5
2021-02-03
Consulting
• Confidentiality
• Conflict of interest
• Reviewing work of another
• Ownership of design
calculations
• Negligence and civil
liability
• Codes of ethics
• Foreign consulting 11
The Client-Consulting Relationship

• 3-way relationships often exist

between:
• Client
• Contractor
• Consultant
12
6
2021-02-03

Types of relationships
• Independent – no guidance
• Balanced – guidance, but
client decides outcomes
• Agent – order taker,
working on behalf of
another
13

Agent for the owner

Ex: I am an agent for
Independence Gold when
managing their lands with
Mineral Titles Office, I have
permission to act on their
behalf in the best interests of
the client.
14
7
2021-02-03
Advertising
Provinces restricts advertising to

ensure honesty, fairness and
respect
• General rules in Advertising Act,
detailed in Codes of Ethics or
professional practice guidelines
15
Advertising
Alberta:
• Clear, factual, without
exaggeration
• Shall be in good taste
• Not be critical or claim
superiority over others
• Comply with laws
16
8
2021-02-03
Advertising
Alberta:
• Only if service is under direct
supervision of member
• No reference to fees or charges
• Use of seal forbidden by
regulators
17
Competitive Bidding
• Seeking professional services

by lowest bid is legal and can
drive ingenuity (“Request for
Proposals”)
• Means any company,
regardless of size can bid
• There is danger however, as
problems could result
18
9
2021-02-03
Competitive Bidding
Problems:
• Are they the most qualified?
• Do they have capacity?
• Are they solvent?
• Supplanting is unethical – i.e.
finding out about other bids
and basing yours off of them to
appear competitive
19
Professional Competence
• We have covered this

before:
• Know your level of
competence and perform
within it
• It also implies you should
know what you do not have
competence in 20
10
2021-02-03
Professional Competence
• Find professional
replacement where possible
if you are not up to the task
• Otherwise, you run the risk

of professional misconduct
21
Confidentiality
• Also covered before, and

could lead to dilemma
• Trade secrets
• Environment
• Clauses often inserted that
confidentiality will not
apply where client does not
act on recommendations
within certain timeframe
22
11
2021-02-03
Reviewing the Work of Another

• As a professional, you must inform another before

their work is reviewed
• Situations exist where confidentiality a to client

overrides duty of courtesy, like review of mineral
properties where client interest may be damaged if it
became known that the work was being done
• Secret reviews should be refused except:

• When public safety is involved
• When lawyer requests review and it will remain
conf under solicitor-client privilege
• Proprietary matter such as trade secrets
23
Ownership of Design Calculations

• Clients often request calculations

supporting recommendations
• Review is of course with prior
knowledge. Client has ethical
right
• Occasionally the computation
techniques are proprietary so
professional may wish not to
divulge. 24
12
2021-02-03
Ownership of Design Calculations

• Better to agree beforehand on

conditions for a review
25
Negligence and Civil Liability

• Professional must avoid

liability due to breach of
contract and negligence
• Some protections do exist:
• Company being its own
legal entity (limitations)
• Professional liability
insurance 26
13
2021-02-03
Code of Ethics
• Advocacy groups created to

act on behalf of members
(creating voluntary codes)
• Association of Consulting
Engineering Companies
(ACEC)
• International Federation
of Consulting Engineers
(IFCE) 27
Code of Ethics
Standardized Codes such as

Engineers and Geoscientists
of BC (EGBC) Code of Ethics
28
14
2021-02-03
Foreign Consulting
• Consultant engaged on
project in foreign country
must obey laws of that
country
• What if laws are harsher and
working conditions poorer
than Canada?
29
Foreign Consulting
For example, New

Brunswick:
Observe rules in country
and if no rules, follow rules
of Canada
30
15
2021-02-03
Environmental Ethics
Areas to consider or fulfill:

• Duty to society
• Duty to employer
• Canadian environmental law
• Guidelines for engineers
• Guidelines for corporations
• Duty to report (whistle
blowing)
31
Environmental Ethics
Areas to consider or fulfill:

• Ethical dilemma of whistle
blowing
• Dissenting view of duty
32
16
2021-02-03
Duty to SocietyMINE8020: Module 5 2021
Perfection not required, but

reasonable care:
• Knowledge of
environmental law
• Adequate technical
knowledge
• Thorough analyses of
projects and outcomes
• Insistence on high ethical
33
Duty to Society
Perfection not required, but

reasonable care:
• Insistence on high ethical
standards
34
17
2021-02-03
Duty to Employer
Duty to society and

environment trumps
duty to employer!
35
Canadian Environmental Law

• If actions impact
environment, know the law
and follow it!
• Federal, provincial and
territorial regulations: up
to date information can be
found on the web
36
18
2021-02-03

Federal
• Canada Environmental
Protection Act (1999)
• Fisheries Act
• Canada Environmental
Assessments Act – all
projects must obtain
environmental assessment
before proceeding 37

Provincial and Territorial

• BC Sustainable Water Act
• Groundwater Protection
Regulation
• Dam Safety Regulation
• Water Protection Act
• Environmental
assessment Act
https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/laws-rules 38
19
2021-02-03
Guidelines for Engineers

• All parties are responsible,

but engineers assume key
role, as they have significant
impact
• Associations developed
guidelines from 1994
39

• In 2006 – National
Guideline for Environment
and Sustainability
introduced which is now
endorsed by most
associations
• Supplementary to Codes of
ethics
40
20
2021-02-03

Guideline summary
• Develop and maintain reasonable
level of understanding, awareness
and system of monitoring
environmental issues
• Use appropriate expertise where
guidance lacking
• Apply professional & reasonable
judgement in environmental
41
considerations

Guideline summary
• Ensure environmental planning
integrated in all activities
• Include costs of environmental
protection in studies
• Recognize value of environmental
efficiency and sustainability
• Engage and solicit input from
stakeholders
42
21
2021-02-03

Guideline summary
• Comply with regulations
• Actively work with others to
improve environmental
understanding
43
Guidelines for Corporations MINE8020: Module 5 2021
CERES Principles
The CERES Principles are a
model corporate code of
environmental conduct
created by the Coalition for
Environmentally
Responsible Economies:
CERES
44
22
2021-02-03
CERES Principles
CERES: a coalition of
investors, public pension
trustees, foundations, labor
unions, and environmental,
religious, and public
interest groups.
45
By endorsing the CERES

Principles, companies not only
formalize their dedication to
environmental awareness and
accountability, but also actively
commit to an ongoing process
of continuous improvement,
dialogue and comprehensive,
systematic public reporting.
46
23
2021-02-03
Registration under ISO

14001 requires commitment
from senior management –
internationally recognized
47
CERES Principles includes:

• Protection of Biosphere
• Sustainable Use of Natural
Resources
• Reduction and Disposal of
Wastes
• Energy Conservation
• Risk Reduction
• Safe Products and Services
• Environmental Restoration
• Informing the Public
More information
http://www.gdrc.org/sustbiz/ceres-
• Management Commitment
principles.html • Audits and Reports 48
24
2021-02-03
Duty to Report MINE8020: Module 5 2021
Must take action!

General rules:
• Decide whether situation is
dangerous to human life
• Decide whether caused by
situation or individual
• Direct, but informal personal
conversation to propose
solution
• If no resolution in sight,
consult your association
49
Environmental Threats and Disasters

Canada’s
environmental
health
Greenhouse gas
emissions
50
25
2021-02-03

Energy
conservation and
nuclear power
51

• Waste disposal
• Air pollution
• Acid rain
• Water
pollution
• Exponential
population
growth
Tragedy of the Commons

52
26
2021-02-03
Canada’s Environmental Health

CEPA (Canada Environmental

Protection Act) dictates all
pollutants released to be
reported: National Pollutant
Release Inventory (NPRI)
• Over 340 pollutants listed
53

Environment Canada publishes

wealth of information on
environmental health:
• Air & climate indices
• Water indices
• Nature indices
• CEC (Commission for
Environmental Cooperation)
54
27
2021-02-03

NPRI data provided to CEC

(part of NAFTA now
CUSMA)
55
Greenhouse Gas Emissions

Overall concern for climate

change
As professionals we must
insist on upgrading any
process that emits needless
CO2 & other greenhouse
gases
56
28
2021-02-03
Energy Conservation and Nuclear Power

Example: Coal vs Nuclear:

• No solution offered as yet
but often debated,
especially for development
of small nuclear reactors for
remote communities /
projects
• Professional ethics remain
important 57
Waste Disposal
• Waste disposal is usually

controlled by engineers
• Methods must minimize
harm
• Recycle where possible
• Adhere to laws (i.e. no
dumping!)
58
29
2021-02-03
Air Pollution, Acid Rain, Water Pollution

• Adhere to emission
standards specified by
Clean Air Acts, Water
Acts
• Acid rain is an
international problem
that transcends borders
• Key to reduce acid
emissions 59
Exponential Population Growth

“Tragedy of the Commons”

Essentially where reliance on the
land overcomes the ability for the
land to provide, due to demands
from a growing population
60
30
2021-02-03
Environmental Sustainability MINE8020: Module 5 2021
• Protecting our huge

natural resources
• Using resources wisely
• Leave fair share for
future generations
61
Environmental Sustainability MINE8020: Module 5 2021
Examples
• Climate change
• Oil & gas depletion
• Ethics of climate change
and peak oil
• Need for societal change
• Sustainability for
engineers and
geoscientists 62
31
2021-02-03
Environmental Sustainability
Examples
Oil sands and climate
change
63
Climate Change
• All evidence says

Greenhouse gases lead
to Global warming,
which in turn causes
climate change
• Four steps from
carbon emissions to
climate change
• Gas emissions
• Greenhouse effect
• Warming
• Climate change
64
32
2021-02-03
Climate Change
Implications of climate change

• Human cause
• Temperature rise
• Sea level rise (melting ice,
expansion)
• Greater intensity and
severity of floods and
storms
• Ocean / Air current
instability
• Insect plagues
• Extinction of species
• Bleaching of coral reefs
65
Oil & Gas Depletion

• Depletion of oil & gas

threatens our lifestyle
• Experts predict peak oil
production or shortages
will lead to chaos
• Need to find
alternatives and
adaptations now
66
33
2021-02-03
Ethics of Climate Change & Peak Oil

• Poor countries will suffer most

due to climate change
• Excessive use of fossil fuels
contrary to Mills
utilitarianism (actions
produce happiness)
• Kant’s duty ethics -we should
reduce use (best outcomes for
humanity) 67
Ethics of Climate Change & Peak Oil

• Locke’s rights: If we reduce

use, we can prevent infringing
on rights
• Wasteful use of fuels is the

extreme
68
34
2021-02-03
The Need for Societal Change MINE8020: Module 5 2021
• Reduce wasteful
consumption
• Increase efficiency
• Government action
69
Sustainability – The Engineers Role

• Explore new and innovative

ways to reduce consumption
• New methods of clean
consumption
• Develop Renewable energy
sources
• Exploit nuclear (if ethical)
• Develop entirely new energy
systems and distribution70
35
2021-02-03
Sustainability – The Engineers Role

Canada’s Oil Sands: An

opportunity for Canada?
71
72
VIDEO
36

Module 5 Notes

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Module 5 Notes

Uploaded by

Copyright:

Available Formats

2021-02-03

Hiring & Dismissal MINE8020: Module 5 2021

What constitutes wrongful

Hiring & Dismissal MINE8020: Module 5 2021

What constitutes wrongful

Hiring & Dismissal MINE8020: Module 5 2021

What constitutes wrongful

Best to seek legal advice before

Reviews & Competency Evaluations

• A review could be for

Reviews & Competency Evaluations

The outcomes of this:

• As a manager, you are expected

• To do this, you must have clear

• Items such as “gifts” – or

• Policy should also dictate the

• Examples of items that

The Client-Consulting Relationship

• 3-way relationships often exist

The Client-Consulting Relationship

The Client-Consulting Relationship

Agent for the owner

Provinces restricts advertising to

• Seeking professional services

• We have covered this

• Otherwise, you run the risk

• Also covered before, and

Reviewing the Work of Another

• As a professional, you must inform another before

• Situations exist where confidentiality a to client

• Secret reviews should be refused except:

Ownership of Design Calculations

• Clients often request calculations

Ownership of Design Calculations

• Better to agree beforehand on

Negligence and Civil Liability

• Professional must avoid

• Advocacy groups created to

Standardized Codes such as

For example, New

Areas to consider or fulfill:

Areas to consider or fulfill:

Duty to SocietyMINE8020: Module 5 2021

Perfection not required, but

Perfection not required, but

Duty to society and

Canadian Environmental Law

Canadian Environmental Law

Canadian Environmental Law

Provincial and Territorial

Guidelines for Engineers

• All parties are responsible,

Guidelines for Engineers

Guidelines for Engineers

Guidelines for Engineers

Guidelines for Engineers

Guidelines for Corporations MINE8020: Module 5 2021

Guidelines for Corporations MINE8020: Module 5 2021

Guidelines for Corporations MINE8020: Module 5 2021

By endorsing the CERES

Guidelines for Corporations MINE8020: Module 5 2021

Registration under ISO

Guidelines for Corporations MINE8020: Module 5 2021