46 - NPPE-Ethics

Canadian Professional Engineering and Geoscience
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 Chapter 1: Introduction to the Professions
➢ Engineering was first regulated as a profession in the 1920s, while geoscience in Alberta gained regulatory status in 1955.
➢ Each province/territory has enacted legislation (Acts) establishing engineering and geoscience as professions. This legislation creates
Associations responsible for enforcing admission qualifications, setting professional practice standards, establishing codes of ethics,
disciplining members, and preventing misuse of titles or illegal practice by non-members.
➢ Profession: A profession involves a specialized calling that demands extensive and rigorous preparation, incorporating skills, methods,
and a deep understanding of scientific, historical, or scholarly principles.
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Roles in the Technical Team:
 Research Scientist: Generates novel knowledge, sometimes without immediate practical applications.
 Geoscientist: Engages in the study, measurement, and analysis of the earth and its systems.
 Engineer: Focuses on the practical application of scientific principles, with a crucial emphasis on design.
 Architect: Specializes in planning, aesthetic design, and the management of construction projects.
 Technologist: Performs key aspects of engineering under an engineer's direction, with optional registration and the right to title only.
 Technician: Works under the supervision of an engineer or technologist, particularly involved in engineering tests or equipment
maintenance.
 Skilled Workers: Utilizes manual skills to execute plans devised by others.

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 Chapter 2: Regulation of Engineering and Geoscience:
➢ The push to regulate engineering initiated with the Canadian Society of Civil Engineers, resulting in licensing laws being passed in
most provinces in 1920, coinciding with the return of engineers from World War I.
➢ Canada operates as a self-regulating body, unlike the United States, which lacks self-regulation and only has the right-to-title without
defining the scope of practice.
➢ Geoscientists were initially registered as mining engineers, and the title P. Geol was introduced in 1960 in Alberta, particularly
responding to the booming discoveries of oil and gas.
➢ Notably, Prince Edward Island (PEI) and Yukon do not mandate licensing for geoscientists.
➢ The Canadian Securities Administrators (CSA) impose stringent requirements, necessitating that only a qualified person can disclose
scientific or technical information to the public regarding a mineral project. A qualified person is defined as:
- An engineer or geoscientist with a minimum of 5 years' experience in mineral exploration.
- Possesses relevant experience in the subject matter.
- Maintains membership in good standing with a professional organization.

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Legal Basis for Engineering and Geoscience:
➢ Acts in each province form the legal foundation for recognizing engineering and geoscience as professions.
➢ These Acts define fundamental terms, establish the Association, delineate its powers, and set standards for admission, practice (via
regulations, bylaws, and a code of ethics), and disciplinary measures.
➢ Regulations: Detailed rules that provide clarification on the Act, admission procedures, professional conduct, and disciplinary
processes.
➢ Bylaws: Specific rules governing the internal operations of the Association.
➢ Code of Ethics: A set of rules outlining standards for personal conduct within the profession.
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Practice of Professional Engineering and Geoscience:
➢ Professional Engineering:
-Encompasses acts such as planning, designing, composing, evaluating, advising, reporting, directing, supervising, or managing. These
activities necessitate the application of engineering principles and are focused on safeguarding life, health, property, economic interests,
public welfare, or the environment.
-A crucial aspect involves putting science and mathematics to creative, practical use.
➢ Professional Geoscience:
Involves performing activities requiring the application of geological science principles, with a primary focus on safeguarding public
welfare, life, health, property, or economic interests.
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 Admissions/Licensing:
Criteria for Admission/Licensing: Education, experience, ethics, language proficiency, character (references), citizenship, age (18).
Residence is usually eliminated.
Confirmatory or Technical Exams: Non-accredited degrees may lead to confirmatory exams (if degree is very similar) or technical exams
(for non-accredited degrees or technical diplomas). Maximum 9 exams are allowed, generally requiring 15 years' experience and a degree.
Experience Evaluation: Judged based on nature, duration, currency, and quality. Quality criteria include the application of theory, practical
experience, management skills, communication, and an understanding of the social implications of engineering.
Provisional License: Includes everything except 12 months of Canadian experience.
Mobility Agreements: Provinces have agreements for all engineers and geoscientists, as long as minimum requirements (e.g., no
disciplinary history) are met.
Corporate Practice: Corporations must obtain a Permit to Practice/Certificate of Authorization to engage in engineering or geoscience.
They need to employ a professional in a supervisory role, assume responsibility, obtain liability insurance, and ensure engineers participate
in continuing education.
 National Bodies:
Engineers Canada: A federation of the 12 Associations with crucial committees like CEAB and CEQB. Develops national guidelines and
maintains the Syllabus of Examinations, especially for non-accredited degrees.
Canadian Council of Professional Geoscientists (CCPG): Equivalent to Engineers Canada. The Canadian Geoscience Standards Board
(CGSB) under CCPG develops national guidelines and examination syllabi.
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 Chapter 3: Continuing Professional Development (CPD):
➢ Why CPD?
-Your degree loses value over time.
-CPD maintains career progress.
-Neglecting CPD could jeopardize your license.
-Essential for quality assurance and public protection.
-Code of ethics mandates continuing competence.
➢ Skills:
-Non-technical (communication, interpersonal, project management, business).
-Technical (hazardous materials management, environmental regulations, codes, and standards).
➢ Key Players in CPD:
-Employers contribute, but universities and technical societies lead the charge.
➢ Engineers Canada's CPD Requirements:
-Association must have a voluntary CPD program advertising activities.
-Simple reporting and recording of CPD.
-Annual declaration of CPD compliance by licensed members.
-Random practice reviews to audit CPD compliance.
➢ CPD Activity Categories:
-Professional practice, formal activities, self-directed activities (papers, conferences, seminars, technical presentations, workshops), participation (mentoring, committee service, community service), presentations,
contributions to knowledge (writing papers, books, codes, standards).
➢ Specific Requirements in BC:
-Complete 90 PDHs on a 3-year rolling average, with a minimum of 30 PDHs/year in at least 2 categories. Maximum 20 PDHs in one category.
➢ Engineering Institute of Canada (EIC):
Canada’s oldest technical society, listing approved courses.

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 Chapter 4: Disciplinary Powers and Procedures:
➢ Enforcement:
-Associations enforce the Act by prosecuting individuals practicing unlawfully. Disciplinary action is taken against licensed engineers found guilty of professional misconduct, negligence, or incompetence.
-The primary goal is to protect the public by allowing only educated, experienced, and competent professionals to practice.
-Practicing without a license or falsely claiming licensure (including the misuse of a seal) is a violation of the law (the Act). Unlicensed offenders may be prosecuted in court, facing fines or, in severe cases,
imprisonment.
➢ Discipline:
 Acts typically outline six causes for disciplinary action:
1- Professional Misconduct: Generally defined as actions that 'would reasonably be regarded as unprofessional.’
2- Incompetence: Demonstrating a lack of knowledge, skill, or judgment. Professionals should operate within their competence.
3- Negligence: Involves carelessness, working below acceptable standards, or a disregard for public welfare.
4- Breach of the Code of Ethics: Often included within the definition of professional misconduct.
5- Physical or Mental Incapacity: Generally considered a form of incompetence.
6- Conviction of a Serious Offense: Typically, relevant if the offense involves questionable ethics, such as fraud. The standard of conduct is higher for professionals than for ordinary individuals.
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 Chapter 4: Disciplinary Powers and Procedures:
➢ Disciplinary Process – Three Stages:
➢ Stage 1 – Gathering Evidence:
-Association assists complainant in preparing a formal complaint. The signed complaint is sent to the practitioner, who is then requested to respond within a specified time.
➢ Stage 2 – Investigation and Peer Review:
-Carried out by an Investigative Committee composed of licensed members, including at least one council member. Reviews the complaint, response, and evidence. Decides whether to refer to the discipline
committee for a formal hearing, dismiss the complaint, send a 'letter of advice' to the practitioner, or direct the Association to gather more evidence and return the case to the committee.
➢ Stage 3 – Discipline Hearing:
-A completely different committee, akin to a law court trial. The Investigative committee prosecutes the member, and all parties can have legal counsel. Applies to all types of licenses.
➢ Penalties if Found Guilty:
-Penalties vary in severity depending on the case. They may include revoking or suspending a license, work restrictions, reprimand, publishing details of the case, paying costs of investigation, requiring further
study or exams, and imposing fines.
➢ Confidentiality:
-The first two stages are confidential. However, hearings by the disciplinary committee are public, and verdicts may be published unless the member is found not guilty.
➢ Alternative Dispute Resolution (ADR):
-The discipline process is not an alternative to civil courts, as not all disputes, like breach of contract, qualify as professional misconduct or breaches of the code of ethics.
-PEO introduced voluntary Alternative Dispute Resolution to address disputes where professionalism and contractual matters overlap, particularly for minor breaches of the code of ethics.
-A process of confidential mediation that aims for a compromise. If evidence of misconduct is found, ADR is halted, and the formal complaint process begins.
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 Chapter 5: Technical Societies:
➢ Role:
-Stimulate new research, often serving as the primary publishers of groundbreaking research.
-Organize information and facilitate the exchange of knowledge.
➢ History:
-Originated during the Industrial Revolution, with the Institute of Civil Engineers established in 1818.
-Geological Survey of Canada (GSC) began in 1842, and the Engineering Society at the University of Toronto emerged in 1885.
➢ Engineering Institute of Canada (EIC):
-A federation of member societies, the EIC collects, organizes, and disseminates engineering and scientific information. It also certifies courses for professional development.
➢ Canadian Federation of Earth Sciences:
-A federation of earth science societies, similar to the EIC.
➢ Canadian Federation of Engineering Students:
-Serves as a liaison between engineering students and Engineers Canada.
➢ Canadian Engineering Memorial Foundation:
-Established for the 14 École Polytechnique students.
➢ Canadian Academy of Engineering:
-Canada’s highest honorary engineering society.
➢ Corporation of the 7 Wardens – Iron Ring:
-The Iron Ring ceremony, symbolizing the responsibility of engineers to society.

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 Chapter 6: Basic Concepts of Professional Practice:
Path to Professionalism: Applying for a License:
-Apply for a license immediately upon obtaining your degree and engage in the internship program.
-Document your experience under five categories:
-Application of Theory: Analysis and design, comprising at least 20% of your application.
-Practical Experience: Understanding the capabilities and limitations of your discipline, including operating procedures, maintenance, software, safety codes, and design standards.
-Management: Involves planning, scheduling, budgeting, and supervision.
-Communication: Formal reports, drawings, and presentations.
-Social Implications of Engineering: Awareness to guard against conditions dangerous to life, property, or the environment.
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Levels of Professional Responsibility:
Level A – Entry Level (1-2 years): Recent grads with little to no experience, close supervision with established codes and standards.
Level B – EIT/GIT (2-3 years): More responsibility, works on parts of larger projects.
Level C – P.Eng/P.Geo (5-6 years): First fully qualified level, makes independent analyses without supervision.
Level D – First Supervisory Level/First Specialist Level (7-8 years): Involves direct and sustained supervision of others – first divergence to specialist or management.
Level E – Middle Management/Senior Specialist (10-12 years): Chief project engineer, may supervise large groups, requires knowledge of more than one field, and demands originality and ingenuity.
Level F – Senior Management/Senior Consultant: (10-12 years) Director of engineering, may direct several groups, or be recognized as an authority in a field, independently conceives problems and programs,
requires extensive experience.
Level F+ - Senior Executive Level: President, vice president, general manager, partner, conceives independent programs, approves projects.
Salary Classification: APEGBC gathers salary data from employees and classifies salaries by responsibility point levels.
Professional Advocacy Groups: Canadian Society of Professional Engineers (CSPE): An advocacy group for professional engineers.
Professional Guidelines in the US: In the US, the National Society of Professional Engineers has developed professional guidelines for engineers, but there is no equivalent standard for Canada.
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Professional Seal:
-The seal serves multiple purposes:
-Identifies the author.
-Signifies serious thought given to the contents.
-Denotes that the author assumes professional responsibility.
-Best practice is to seal anything final before release to the public (outside your employer).
-Avoid sealing documents with no technical content, such as letters or legal/business documents.
-The seal should not be used in promotional publications or on government documents (e.g., passport applications).
-Sealing a document without thorough knowledge may lead to professional misconduct.
-You can seal documents you've checked, but checking does not mean scanning!
Collaboration: If two or more professionals collaborate, both should seal and specify their areas of responsibility in writing next to the seal.
On large projects, not all documents need to be sealed, but the engineer is still responsible for them.
Electronic seals and signatures are acceptable, but security can be a concern.
Omitting a seal does not relieve you of liability, and omitting a required seal is a violation of the Act.
Only prints should be signed and sealed to make modifications evident. Keep the originals as a reference.
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Specialists vs. Managers:
Specialists:
-Require a high level of technical knowledge.
-Usually, have minor management duties.
Managers:
-Need good interpersonal skills.
-Two theories of management style:
-Theory X: Assumes people hate work and must be forced.
-Theory Y: Assumes most people like work and just need favorable working conditions.
Spectrum of management styles ranges from collegial (Theory Y) through team-oriented, interactive, responsive, paternal, authoritarian, to military (Theory X).
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 Chapter 7: Private Practice, Consulting and Business:
-Only a minority of engineers engage in consulting or private practice.
-Consultants provide a range of services:
-Engineering advice.
-Expert testimony.
-Feasibility studies.
-Detail design.
-Specialized design.
-Project management – any task requiring professional knowledge where the client lacks the personnel or expertise.
-Partnerships or corporations offering services to the public need a permit to practice/certificate of authorization.
-Use of the title 'consulting engineer' is generally permitted, except in Ontario, where there are restrictions.
-In BC, liability insurance is not mandatory, but clients must be informed if insurance covering their project is in place.
-Engineers Canada provides $100,000 of mandatory secondary liability insurance, covering retirees and anything engineering-related not covered by the employer's insurance.
-Many provincial consulting engineering organizations are part of the Association of Canadian Engineering Companies (ACEC), which, in turn, belongs to the International Federation of Consulting Engineers
(FIDIC).
-ACEC recommends clients choose consultants using the Quality-Based Selection (QBS) method:
-Identify a shortlist.
-Request detailed proposals.
-Select the best-qualified firm.
-Negotiate fees.
-Notify unsuccessful consultants.

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 Chapter 7: Private Practice, Consulting and Business:
Compensation Models:
-Per Diems: Suitable when the scope is undefined.
-Payroll Costs Times a Multiplier:
-Often used for SI, preliminary, and detailed design.
-Multiplier usually falls in the range of 2-3.
-Lump Sum: A fixed, agreed-upon amount for the entire project.
-Fee as a % of Estimated or Actual Construction Costs:
-Less popular nowadays.
-Common for preparing drawings or construction contracts.
Starting a Private Practice or Business: Becoming a principal takes time but involves minimal risk. Begin with a market survey, followed by a business plan.
Must-have qualities:
-Education and licensing.
-Adequate experience and technical knowledge.
-A network.
-Determination, confidence, and independence.
-Business skills.
-People skills.
-Good health and intelligence.

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 Chapter 8: Hazards, Liability, Standards and Safety
Safe Design:
-Follow design codes and standards.
-Be aware of safety regulations.
-Conduct formal hazard analyses.
-If hazards cannot be eliminated, post warnings.
Workplace Safety:
-Learn and follow Occupational Health and Safety Regulations.
Torts - Injury or Damage:
-Defendant's conduct must be intentional (fraud) or negligent to result in liability.
-To succeed in a tort case, prove:
-Duty of care.
-Defendant breached duty.
-Plaintiff suffered a loss (usually not economic).
-Breach was the proximate cause of the loss.
Errors and Omissions Insurance:
-Protects against negligence.
-Courts may accept circumstantial evidence (res ipsa loquitur) of negligence, especially when what caused harm was under the sole control of the defendant and the event would not ordinarily occur
without negligence (e.g., surgeon's sponge).
-Similar to the US 'strict liability' law, often applied to defective products.
Duty of Care:
-A duty of care exists when a reasonably foreseeable risk of injury or damage to others exists due to an action, and someone is close enough to be affected by that action.
-Engineers have a duty of care for their actions and decisions.
Standard of Care: -If a duty of care exists, what standard of care is owed?
-Courts apply the 'reasonable person' test; perfection is not required.

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Safe Design:
-Follow design codes and standards.
-Be aware of safety regulations.
-Conduct formal hazard analyses.
-If hazards cannot be eliminated, post warnings.
Workplace Safety:
-Learn and follow Occupational Health and Safety Regulations.
Torts - Injury or Damage:
-Defendant's conduct must be intentional (fraud) or negligent to result in liability.
-To succeed in a tort case, prove:
-Duty of care.
-Defendant breached duty.
-Plaintiff suffered a loss (usually not economic).
-Breach was the proximate cause of the loss.
Errors and Omissions Insurance:
-Protects against negligence.
-Courts may accept circumstantial evidence (res ipsa loquitur) of negligence, especially when what caused harm was under the sole control of the defendant and the event would not ordinarily occur
without negligence (e.g., surgeon's sponge).
-Similar to the US 'strict liability' law, often applied to defective products.
Duty of Care:
-A duty of care exists when a reasonably foreseeable risk of injury or damage to others exists due to an action, and someone is close enough to be affected by that action.
-Engineers have a duty of care for their actions and decisions.
Standard of Care: -If a duty of care exists, what standard of care is owed?
-Courts apply the 'reasonable person' test; perfection is not required.

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Products Liability:
-Claims for damages may arise due to: -Defective manufacturing.
-Negligence in design.
-Failure to warn of dangers associated with the product.
Contract Clauses: -Conditions: Must be satisfied, or the contract terminates.
-Warranties: Permit consumers to demand repairs, replacement, or damages. Doesn't terminate the contract.
-Guarantees are the service equivalent of warranties.
Consumer Legislation:
-Sale of Goods Act: Defines conditions and warranties to protect the public, e.g., basic fitness for use.
-Consumer Protection Act: Prohibits unfair practices, sets requirements for consumer contracts, and provides business licensing requirements.
-Hazardous Products Act (federal): Sets safety standards for products across Canada.
Legal Approaches:
In Canada: Prove negligence (risk-utility approach).
In the US: 'Strict liability' applies; the manufacturer is presumed at fault unless they prove their product is safe (reasonable expectation approach). Applies to sellers as well.
Designing for Safety:
-Codes, Standards, and Regulations:
-Minimum standards; deviations may be necessary with new information, low industry standards, or absence of a code (e.g., cutting-edge technology).
-Design Process: -Eliminate known hazards or provide warnings (to protect the public).
-Follow or exceed expected design standards.
-Adhere to laws and regulations (e.g., provincial occupational health and safety laws).
-Follow good engineering practice (in the absence of design standards).

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Hazard Reduction:
-Hazard Analysis: -A methodical review of the design.
-Essential for every design, with documentation.
-Objectives: Identify, eliminate, shield, warn, remedy, or recall.
Failure Analysis: -Assesses consequences if a single component randomly fails in a larger system (e.g., aircraft part).
Checklists:
-For Designers: -Apply standards and regulations.
-Conduct formal design reviews.
-Complete hazard and, if needed, failure analyses.
-Warn consumers and distribute manuals.
-Maintain comprehensive design records.
-For Manufacturers: -Establish safety as a company policy.
-Conduct rigorous QA and testing.
-Review warranties and act promptly on consumer complaints.
-Inform designers of complaints for necessary changes.
-Warn owners immediately of hazards.
National Standards: -Set by the Standards Council of Canada.
-Canada contributes to international standardization organizations.
-The International Organization for Standards (ISO) standardizes globally:
-ISO 9000: For managing manufacturing corporations.
-ISO 14000: For environmental management.
Legal Standards: Some standards, like the National Building Code, are legal requirements.
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Occupational Health and Safety Laws:
-Protect workers by mandating employers to adhere to safety regulations, placing responsibility for workplace safety on employers.
-Workplace safety violations can be prosecuted under the Criminal Code.
-OHS laws grant employees three fundamental rights:
1- Right to know
2- Right to refuse dangerous work
3- Right to participate (e.g., through committees).
-Contracts should explicitly designate the prime contractor responsible for employee and public safety. In the absence of explicit assignment or in cases involving multiple parties, responsibility defaults to the
owner.
-H&S committees and OHS inspectors conduct workplace inspections with extensive powers.
-In case of an accident, the prime contractor is obliged to provide first aid, preserve the scene, and notify the labor ministry and workplace H&S committee. The labor ministry has investigative authority under
OHS laws, and employers must cooperate.
Worker’s Compensation:
-Each province has a Worker’s Compensation Act, establishing a Workers Compensation Board (WCB).
-In BC, these are combined into a single act.
-Compensation is 'no-fault,' enabling employees to collect without resorting to lawsuits.
-Employers contribute to the fund and, in return, receive protection from lawsuits.
-The Worker’s Compensation Act mandates employers to report serious injuries, deaths, and hazardous situations. The WCB can investigate incidents, impose penalties, and require employers to enhance worker
safety.
WHMIS = Workplace Hazardous Materials Information System

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 Chapter 9: Computers, Software and Intellectual Property
Software Validation:
-Mandatory for computer software, often accompanied by a disclaimer absolving the manufacturer of liability for damages resulting from software use.
-Validation tests typically involve independent calculations to ensure accuracy and reliability.
Software Development:
-Critical to specify the project scope precisely, defining what will be developed and how it will be used, typically through a contract with a specified limitation of liability.
-Emphasizes multiple reviews and tests leading to validation.
-Adherence to provincial or discipline guidelines, such as those from PEO (Professional Engineers Ontario).
Using Commercial Software:
-Essential steps when utilizing commercial software:
-Thoroughly read the documentation.
-Conduct validation tests, including:
-Dummy runs (e.g., entering 0s and expecting 0s as output).
-Approximate analytical checks by analyzing a simpler model.
-Independent theoretical checks using formulas.
-Employing advanced methods.
-Complete duplication using different hardware, software, and input files.

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 Preventing Software Piracy:
-Illegal and violates the copyright act; copying software only for backup purposes is permissible.
-Considered unprofessional conduct, potentially leading to disciplinary action.
-Use of pirated software may result in a breach of contract for any associated contractual agreements.
-Lack of product support, documentation, updates, or patches for pirated software.
-Consequences include fines and embarrassment if caught.
 Intellectual Property:
-Intellectual property can be bought, sold, or licensed like real or personal property, but ownership periods are limited (except for trademarks).
-Managed by the Canadian Intellectual Property Office, maintaining a comprehensive database.
-Regulatory purpose: to encourage creativity and facilitate the exchange of creative ideas.
-Only the owner can register intellectual property, usually the creator, except in cases of employment.
 Copyright:
-Protects literary, artistic, musical, and aesthetic works.
-Technical reports, drawings, and specifications are always protected by copyright.
-Typically protected until 50 years after the owner’s death, but 50 years from creation for electronically reproduced items like movies.
-Copyright ownership is automatic upon creation; registration is optional and can be marked with © followed by the owner's name and year.
 Patents:
-Requirements for patentability include being new, useful, and innovative; improvements can also be patented.
-Patent protection lasts for 20 years.
-Patent application components include a petition, abstract, specification, claims (defining what is to be protected), and drawings; these collectively become the patent.
-Items protected by a patent must be marked as 'patented' along with the patent number.
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 Industrial Designs:
-Protects the aesthetic appearance of manufactured items.
-Protection lasts for 10 years.
-Registration requires an application form and at least one drawing or photo.
-Marking can be done with a D in a circle along with the name of the owner.
 Integrated Circuit Topographies:
-Encompasses the geometrical configuration of integrated electronic circuits, including layers of semiconductors, metals, insulating layers, and other materials on a circuit board—considered a specialized form of
industrial design.
-Law protects the geometry but not the purpose, making it complementary to patents.
-Protection lasts for 10 years.
-Registration includes an application form, fees, description, and drawings or photos.
 Trademarks:
-Include commonly used logos, names, slogans, and symbols identifying a company's goods or services.
-Last for 15 years and can be renewed indefinitely with a simple application.
-Marking can be done with an R in a circle for Registered or TM/MD/SM/MC.
-Cannot be identical to existing trademarks or prohibited marks like government symbols and Royal Family emblems.
-Must not create confusion with existing trademarks.
 Trade Secrets:
-Lack legal status in patent law, requiring protection through contract and tort law, often via confidentiality clauses in employment contracts.
-Contrary to the purpose of patent law, which encourages disclosure for protection.
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 Chapter 10: Fairness and Equity in the Professional Workplace
-Recognition of the unique challenges faced by women and minorities in the workplace.
-Illegal under the Criminal Code, human rights legislation, and some professional Acts to discriminate or harass based on race, ethnic origin, color, religion, sex, age, mental or physical disability, or sexual
orientation.
 Discrimination: -Discrimination involves discerning or distinguishing things or people from others.
-Associated with segregation, separating one group from another.
 Canadian Charter of Rights and Freedoms: -Affirms the right to life, liberty, and security of the person.
-Ensures equality before and under the law without discrimination based on various factors.
-Recognizes the right to affirmative action programs.
 Application of the Charter: -Applies to all levels of government, superseding all other laws.
-Provincial human rights legislation extends protection beyond government entities.
 Indirect Discrimination: -Occurs when a rule enforced by an employer disproportionately affects one group without a valid reason.
-Example: Requiring 10 years' experience may indirectly discriminate against recent immigrants.
 Addressing Discrimination:
-Employees should report incidents following company policies or bring them to the provincial Human Rights Commission.
-The Association might also conduct investigations.
 Challenges in Engineering:
-Percentage of women in engineering declined after peaking in 2001.
-Impact of gender socialization.
-Intervention needed during the adolescent years, particularly between 12 and 15.
 University Engineering Programs:
-Masculine culture in university engineering programs may contribute to the decline in retention of women.
-Recommendations for change include incorporating more societal relevance, diverse teaching styles, and increasing the representation of female faculty.
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 Chapter 10: Fairness and Equity in the Professional Workplace
 Sexual Harassment:
-Defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
-Context involves a relationship where one person has more formal or informal power than the other.
-Essential for companies to establish both informal and formal investigation procedures.
 Fair Workplace Practices:
-Widely advertise job opportunities to reach diverse candidates.
-Actively encourage members of underrepresented groups to apply.
-Utilize unbiased interview techniques, ensuring consistency in questioning for all candidates.
-Implement an employment equity system (distinct from affirmative action or quotas).
-Objectivity in employee performance evaluations to enhance fairness.
-Strive to promote diversity by having more women and minorities in visible roles such as executive positions, awards, and as speakers.
 Integrating Immigrants:
-Recognizing the need for immigrants to fill jobs left by the baby boomers.
-Engineers Canada's program, 'From Consideration to Integration,' addresses challenges faced by immigrants.
-Three phases: information collection/consultation, making recommendations (e.g., streamlining licensing requirements), and implementation of recommendations.
-Primary challenges involve validating foreign credentials and securing the first job.
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 Chapter 11: Principles of Ethics and Justice
 Four Branches of Philosophy:
1- Ethics: The study of right and wrong, good and evil, obligations and rights, justice, and social and political ideals.
2- Logic: The study of rules of reasoning.
3- Epistemology: The study of knowledge itself.
4- Metaphysics: The study of very basic ideas such as existence, appearance, reality, and determinism.
 Four Ethical Theories:
1- Mill’s Utilitarianism: The best solution maximizes benefit for the greatest number, with equal distribution. Factors like intensity, duration, and the number of people involved are considered.
2- Kant’s Formalism (Duty Ethics): Individuals have a fundamental duty to act ethically (conscience). Actions must be universalizable, focusing on good will. The intention is more crucial than the outcome. Life
is an end, never a means to an end.
3- Locke’s Rights Ethics: Every individual has inherent rights, including the right to life, maximum possible liberty, and dignity. Rights are fundamental, and duties are a consequence. Not all rights are covered
by the charter, some by legislation, and some in grey areas.
4- Aristotle’s Virtue Ethics: Goodness depends on the proper function (e.g., a knife that cuts well). Human happiness results when human qualities (thought, reason, deduction, logic) function properly. Virtues
are compromises between extremes, seeking the 'golden mean.’
 Ethical Dilemmas: Arise when ethical theories contradict.
 The Golden Rule:
-"Do unto others as you would have others do unto you."
-Aligns with various ethical theories, serving as a common ethical guideline.

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Principles of Justice:
-An action may be ethically correct but also unfair. Decisions must satisfy both 'rightness' according to ethical theories and the principle of 'fairness'. Indiscriminate application of ethical theories is cautioned.
Ethical principles and fairness collectively contribute to justice.
Definition of Justice: Justice is a state of affairs where conduct or action is both fair and right, given the circumstances.
Types of Justice:
1. Procedural Justice:
-Focus on fairness in the decision-making process.
-Involves principles of 'natural justice,' including the right to be heard (habeas corpus) and the right to be judged by an impartial person.
-Professional engineers should gather all relevant information, allow all parties to participate directly, and act impartially and consistently.
2. Corrective Justice:
-Emphasizes fairness in rectifying wrongs.
-Raises questions about the fairness of sentences for specific crimes.
-Tort law requires engineers to be responsible for damages, and professional associations must discipline professionals.
3. Distributive Justice:
-Addresses fairness in the distribution of social benefits and burdens.
-Pertains to environmental issues, questioning the fairness of resource use and its impact on future generations.
4. Political Justice:
-Concerns fairness in political rights and duties.
-Raises questions about the division of powers between federal and provincial levels.
-Explores democratic considerations such as majority rule versus proportional representation.

ETHICS
 Codes of Ethics:
-Clear rules guide ethical practice.
-Common elements include duties to society, employer, clients, colleagues, and oneself.
 Strategy for Solving Ethical Problems:
1- Recognize the Problem: Gather information: who, when, why, where, how?
2- Define the Ethical Problem: -Identify the wrong or unfair aspects.
-Check for conflicts with codes of ethics or laws.
3- Generate Alternatives: Think creatively for potential solutions.
4- Evaluate Alternatives: -Ensure solutions meet legal and ethical standards.
-Apply ethical theories for comprehensive assessment.
5- Decision Making and Optimization: -Choose the optimal solution.
-In deadlocks, re-evaluate or opt for a selfless solution.
-Confirm fairness.
6- Implement the Solution: -Act promptly and decisively.

ETHICS
 Chapter 12: Ethics in Professional Employment
 Technical and Management Authority:
-Employers wield management authority, directing resources.
-Professionals hold technical authority, ensuring expertise in decision-making.
 Challenges and Solutions:
1- Over-ruling Technical Recommendations:
-Explain advice in writing.
-Clarify consequences.
-Obtain a written response.
2- Illegal Activities:
-Declare tasks as illegal.
-Refuse involvement.
3- Activities Contrary to the Code of Ethics:
-Uphold ethical standards.
-Avoid engaging in unethical activities.
4- Activities Contrary to Professional Conscience:
-Navigate with difficulty.
-No clear solution.

ETHICS
 Chapter 12: Ethics in Professional Employment
Professional Employees and Labour Unions:
-Stand up for your rights: Don't accept unprofessional working conditions or inadequate pay. It breaches your duty to yourself and the profession.
-Consider collective action: Professional employees can join or form unions, managed by the Labour Board and Labour Relations Act provincially. Unionization should be a last resort; negotiate an employment
contract first.
Unethical Managers and Whistle-Blowing:
- Report illegal activities: Engineers must report any illegal activities within the workplace.
-Conflicting duties: When your duty to the employer conflicts with public safety, you have three options: correct the problem, blow the whistle, or resign in protest.
Conflict of Interest:
Unethical Triangle: A conflict of interest is unethical, unprofessional, and potentially criminal.
Forms of conflicts: It includes accepting secret commissions, misusing employer's facilities, moonlighting, self-serving decisions, influence peddling, abusing confidential information, and arranging future
employment.
Types of conflicts: Conflicts can be clear, potential, or perceived.

ETHICS
 Chapter 13: Ethics in Management
 Adhering to the Licensing Act:
-Managers must ensure strict adherence to the Licensing Act.
-Unlicensed individuals should not practice engineering without supervision by a licensed professional.
-Use of professional titles is reserved for those actively engaged in professional work.
 Hiring and Dismissal Policies:
-Clear and specific employment contracts or policies are essential.
-Termination procedures should align with contracts or established company policies.
-Just cause is a valid reason for termination; wrongful dismissal claims may arise without it.
 Reviewing Work and Evaluating Competence:
-Assign work within individuals' areas of competence.
-Important analyses and calculations must be thoroughly checked.
-Annual reviews should be conducted transparently and ethically.
-Encouraging and assisting competence is a managerial duty.

ETHICS
 Chapter 14: Ethics in Private Practice and Consulting
 The Client Consultant Relationship:
-In private practice and consulting, the client-consultant relationship often involves three key parties: the client, the contractor, and the consultant.
-Three common models for this relationship: Independent, Balanced, and Agent Model.
1- Independent Model: Where the consultant takes charge independently after the client presents the problem. Generally frowned upon due to limiting client choices.
2- Balanced Model: Both parties, client, and consultant, treat each other as equals. The consultant provides advice, and the client makes the final decision.
3- Agent Model: The consultant acts as a mere 'order taker' for the client. Often considered unacceptable as it underutilizes the engineer's expertise.
 Advertising for New Products:
-Codes of ethics typically impose restrictions on advertising for engineers.
-Acceptable advertising includes communicating availability, expertise, and areas of experience. Information should be factual, clear, and dignified.
-Restrictions: No criticism of other engineers, and the use of the engineer's seal is typically prohibited. However, the association's name and logo can be used to indicate registration.
-Ethical advertising should be factual, truthful, and convey accurate information about qualifications, experience, location, or availability in a dignified manner.
ETHICS
 Chapter 14: Ethics in Private Practice and Consulting
Competitive Bidding for New Projects:
-In private practice, engineer selection can follow the Quality-Based Selection (QBS) system or opt for the legal and ethical approach of accepting the lowest bid.
-Certain competitive activities, such as gifts, are deemed unethical.
-Supplanting a colleague, or engaging in actions that undermine a peer, is also considered unethical.
Professional Associations:
-The Association of Canadian Engineering Companies (ACEC) serves as an advocacy body for engineers in private practice and has a voluntary code of consulting practice.
-The International Federation of Consulting Engineers (FIDIC) operates as an international advocacy group for consultants and has its own voluntary code of ethics.
Ethics in Foreign Consulting:
-Applying Aristotle's golden mean concept is crucial in foreign consulting, striking a balance between anarchy and impossibly high Canadian standards.
-Actions should align with the contract, benefit the country, and adhere to Canadian practices as much as possible.
-Fairness can be evaluated using the golden rule: How much should a foreign company change its practices if working in Canada?
-Nine guiding factors for ethical foreign consulting:
1- Avoid exploitation in contracts.
2- Avoid paternalism - involve individuals in decisions.
3- Distinguish between gifts, bribes, grease money, and extortion.
4- Respect human rights as per the UN Universal Declaration of Human Rights.
5- Respect cultural norms and laws.
6- Promote the country's welfare.
7- Protect health and safety.
8- Protect the environment.
9- Promote the society's legitimate institutions.

ETHICS
 Chapter 15: Environmental Ethics and Legal Framework
 Environmental Ethics:
-Engineers are ethically bound to protect the environment, guided by a duty of care defined as 'reasonable.’
-Responsibilities include knowledge of environmental law, possessing adequate technical knowledge, conducting thorough 'cradle to grave' analyses, and upholding high ethical standards.
 Duty to the Employer:
-Employers cannot instruct engineers to undertake illegal activities.
-Employees have the right to refuse activities that, while not illegal, violate the code of ethics or the Association's environmental guidelines.
 Canadian Environmental Law:
-Environmental laws encompass federal, provincial, and municipal regulations.
-Key federal environmental acts include:
-Canadian Environmental Protection Act: Administered by Environment Canada, it focuses on preventing pollution, granting enforcement officers powers akin to the police.
-Fisheries Act: Prohibits any activity that may degrade fish habitats, imposing severe penalties. Administered by the DFO, with some sections jointly managed with Environment Canada.
-Canadian Environmental Assessment Act: Promotes sustainable development and applies to projects under government authority. All such projects must undergo an Environmental Assessment (EA)
before proceeding. Administered by the Environmental Protection Section of Environment Canada.
ETHICS
Environmental Guidelines and Standards
 Environmental Guidelines for Engineers and Geoscientists:
-APEGBC has formulated the Guidelines for Sustainability, serving as advisory documents without imposing legal duties or obligations.
-Engineers Canada adopted these guidelines, incorporating insights from APEGBC and APEGGA, to develop National Guidelines on the Environment and Sustainability.
-General professional obligations include identifying and complying with environmental regulations, applying professional and reasonable judgment, seeking specialist guidance when necessary, and disclosing
information for public safety.
 Environmental Guidelines for Corporations:
-The Coalition for Environmentally Responsible Economies (Ceres) introduced environmental principles for corporations, initially known as the Valdez principles.
-Companies demonstrating a profound commitment to the environment can register under ISO14001, the Environmental Management Standards System. Compliance involves commitments from senior
management, reviews of applicable environmental laws, audits of environmental impacts, and the development of environmental policies.
ETHICS
Duty to Report – Whistleblowing
 Duty to Report:
-In situations dangerous to human life, aggressive action is imperative.
-Distinguishing whether the problem stems from a situation, or a person is crucial for effective resolution.
-Initiate a direct, informal conversation with the closest person involved, discussing both the problem and potential solutions.
-If no resolution is achieved, escalate the matter.
-Contacting the Association becomes necessary in certain circumstances.
 Whistleblowers:
-Whistleblowers are individuals who, believing an organization is involved in unsafe, unethical, or illegal practices, publicly disclose their concerns after unsuccessful attempts to rectify the situation
internally.
 Reporting Guidelines:
-Informal resolution attempts should precede formal reporting.
-Reporting is directed to the appropriate regulatory body, not the news media.
-Justified reporting is not a basis for dismissal, and employees have legal recourse against wrongful termination.
ETHICS
 Chapter 16: Environmental Threats and Disasters
 Environmental Monitoring: National Pollutant Release Inventory (NPRI)
-Monitors facilities releasing or recycling substances.
-Facilities emitting listed substances above a threshold must report to Environment Canada under the Canadian Environmental Protection Act.
-NPRI data on releases is shared with the Commission for Environmental Cooperation (CEC), established under NAFTA.
 Environmental Threats:
1- Global Warming:
-Indicated by climate change due to greenhouse gas emissions (e.g., carbon dioxide, methane, nitrogen dioxide, ozone, CFCs).
2- Nuclear Power:
-CANDU reactor regarded positively, but disposal poses challenges.
-Considered as potentially hazardous as coal overall.
3- Waste Disposal:
-Transitioning from dumps to engineered landfills.
-Emphasis on waste reduction and recycling.
4- Air Pollution:
-Main pollutants: sulphur oxides, nitrogen oxides.
-Combustion byproducts contribute to smog and photochemical oxidants.
-Nitrogen oxides lead to NO and NO2, forming nitric acid.

ETHICS
 Chapter 16: Environmental Threats and Disasters
 Environmental Threats:
5- Acid Rain:
-Caused by sulfuric and nitric acids, harming fish, trees, farms, buildings, and vehicles.
6- Water Pollution:
-Arises from organic waste, bacteria, fertilizer, acidification, toxic materials.
7-Population Growth:
-Finite resources; considerations on sustainability.
-Contrasts between perspectives: Cornucopians and limitations.
 Opportunism and the Tragedy of the Commons:
-People exploiting shared resources (commons) over private property.
-Counteracts utilitarianism; selfish actions harm society.
-Mitigation through laws, regulations, and taxes.

ETHICS
 Chapter 17: Environmental Sustainability
 Defining Sustainable Development:
"Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.“
 Why Sustainability Matters:
-Vital due to threats to societal welfare.
-Main symptoms of unsustainability: climate change and peak oil.
-Historical context: Industrial Revolution, Oil era, World Wars, and escalating consumption patterns.
 Key Milestones in Environmental Awareness:
o 1962 - Silent Spring: Rachel Carson's publication highlighted the impact of pesticides on songbirds, marking a turning point in environmental awareness.
o 1972 - Limits to Growth: The Club of Rome's report warned about the potential uninhabitability of the planet due to uncontrolled human activity, using a computer simulation of human behavior.
o 1979 - Gaia: A New Look at Life on Earth: Proposed the Earth as a self-regulating living being.
o 1987 - Bruntland Report: The UN report "Our Common Future" defined sustainable development.
 Environmental Agreements:
-Montreal Protocol (1987-1989): Successfully aimed at eliminating ozone-depleting substances like CFCs.
Earth Summit, Rio (1992): 165 countries agreed to reduce greenhouse gases; however, the 1990 target by 2000 was not achieved.
Kyoto Protocol (1997): More than 80 countries committed to reducing GHG emissions to 5% below 1990 levels by 2010. Some countries, including Canada and the US, faced challenges in meeting these goals.
Bali Roadmap (2007): Set the stage for post-Kyoto international agreements on climate change. Canada's position emphasized intensity-based targets rather than total emissions.
ETHICS
 Climate Change and Greenhouse Gases:
-The 2007 IPCC report linked climate change to global warming caused by human activities, mainly the combustion of fossil fuels.
1. Gas emission from hydrocarbon combustion.
2. Greenhouse effect traps heat.
3. Global warming occurs.
4. Resultant climate change.
 Implications of Climate Change
IPCC Report Findings:
-Human-Caused: Climate change is unequivocally caused by human activities.
-Temperature Rise: Predictions indicate a global rise in temperatures.
-Sea Level Rise: Anticipated increase in sea levels.
-Long-Term Changes: Various long-term alterations in precipitation, salinity, wind patterns, and extreme weather events.
-Consequences: Include changes in ocean currents, plagues, extinctions, and a feedback loop between melting ice and rising temperatures.
 Addressing Climate Change:
-Reducing Fossil Fuel Use: A crucial step is reducing reliance on fossil fuels.
-Precautionary Measures: Engineers and geoscientists should adopt precautionary measures, acknowledging the consensus on climate change.
-Adaptation: Preparing for and adapting to the effects of climate change, such as extreme weather events.
IPCC Recommendations: The IPCC recommends emission reduction and energy conservation in seven key areas:
Energy Supply, Transportation, Buildings, Industry, Agriculture, Forestry and Forests, Waste Management.
ETHICS
Climate Change and Peak Oil Challenges
 Peak Oil:
-Definition: The point at which the global production rate of oil reaches its maximum.
-Impact: Beyond this point, the availability of easily accessible oil declines, leading to a sharp rise in prices. This also includes natural gas.
-Timeline: Implementing a program to reduce reliance on oil is a lengthy process, taking at least 20 years.
-Connection to Climate Change: The IPCC recommendations for climate change are equally applicable to the challenges posed by peak oil.
 Ethical Considerations:
-Disproportionate Impact: Economic losses from climate change disproportionately affect the poorest.
-Ethical Question: Is it ethical for affluent nations to indiscriminately use fossil fuels, potentially displacing millions due to climate-induced crises and creating an energy crisis for future generations?
 Addressing Societal Problems:
-Beyond Technical Challenges: Climate change and peak oil are not solely technical issues; they are societal problems.
-Call for Sustainability: Achieving sustainability is a collective duty for society.
-Inclusive Actions:
o Reducing Wasteful Consumption
o Setting Limits to Growth
o Government Action: Utilizing regulations, taxes, and research incentives.
 Professional Responsibility:
-Moving Beyond Permits: Meeting environmental permits is insufficient; professionals must align conceptual thinking with the higher goal of sustainability.
-Life-Cycle Analysis: Emphasizing the importance of life-cycle analysis in decision-making.
-Fossil Fuel Consumption: Recognizing the interconnection between climate change and peak oil, necessitating a reduction in fossil fuel consumption.

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46 - NPPE-Ethics

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Canadian Professional Engineering and Geoscience

 Chapter 1: Introduction to the Professions

 Skilled Workers: Utilizes manual skills to execute plans devised by others.

- An engineer or geoscientist with a minimum of 5 years' experience in mineral exploration.

- Possesses relevant experience in the subject matter.

- Maintains membership in good standing with a professional organization.

Legal Basis for Engineering and Geoscience:

➢ Bylaws: Specific rules governing the internal operations of the Association.

Practice of Professional Engineering and Geoscience:

Provisional License: Includes everything except 12 months of Canadian experience.

-Your degree loses value over time.

-CPD maintains career progress.

-Neglecting CPD could jeopardize your license.

-Essential for quality assurance and public protection.

-Code of ethics mandates continuing competence.

-Non-technical (communication, interpersonal, project management, business).

-Technical (hazardous materials management, environmental regulations, codes, and standards).

➢ Key Players in CPD:

➢ Engineers Canada's CPD Requirements:

-Association must have a voluntary CPD program advertising activities.

-Simple reporting and recording of CPD.

-Annual declaration of CPD compliance by licensed members.

-Random practice reviews to audit CPD compliance.

➢ CPD Activity Categories:

➢ Specific Requirements in BC:

➢ Engineering Institute of Canada (EIC):

Canada’s oldest technical society, listing approved courses.

 Acts typically outline six causes for disciplinary action:

5- Physical or Mental Incapacity: Generally considered a form of incompetence.

➢ Disciplinary Process – Three Stages:

➢ Stage 1 – Gathering Evidence:

➢ Stage 2 – Investigation and Peer Review:

➢ Stage 3 – Discipline Hearing:

➢ Penalties if Found Guilty:

➢ Alternative Dispute Resolution (ADR):

-Organize information and facilitate the exchange of knowledge.

➢ Engineering Institute of Canada (EIC):

➢ Canadian Federation of Earth Sciences:

-A federation of earth science societies, similar to the EIC.

➢ Canadian Federation of Engineering Students:

-Serves as a liaison between engineering students and Engineers Canada.

➢ Canadian Engineering Memorial Foundation:

-Established for the 14 École Polytechnique students.

➢ Canadian Academy of Engineering:

-Canada’s highest honorary engineering society.

➢ Corporation of the 7 Wardens – Iron Ring:

-The Iron Ring ceremony, symbolizing the responsibility of engineers to society.

Path to Professionalism: Applying for a License:

-Document your experience under five categories:

-Management: Involves planning, scheduling, budgeting, and supervision.

-Communication: Formal reports, drawings, and presentations.

Levels of Professional Responsibility:

-The seal serves multiple purposes:

-Identifies the author.

-Signifies serious thought given to the contents.

-Denotes that the author assumes professional responsibility.

-Sealing a document without thorough knowledge may lead to professional misconduct.

Specialists vs. Managers:

-Require a high level of technical knowledge.

-Usually, have minor management duties.

-Need good interpersonal skills.

-Two theories of management style:

-Theory X: Assumes people hate work and must be forced.

-Only a minority of engineers engage in consulting or private practice.