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A Guide to Trade-Marks [A trade-mark identifies the foods or services marketed under its protection. What is a Trade-Mark? {A trade-mark is a word, a symbol, a design, or a combination of these, used to distinguish the wares or “services of one person or organization from those of others in the marketplace. Trade-marks come to represent not only actual wares and services, but the reputation of the producer. ‘There are three basic categories of trade-marks: 1. Ordinary marks are words or symbols that distinguish the wares or services ofa specific firm or individual 2. Certification marks identify wares or services which meet a defined standard, They are owned by ‘one person but licensed to others to identify wares or services which meet a defined standard. 3. Distinguishing guise identifies the unique shape of a product or its package. ‘Trade Name vs. Trade-Mark ‘A trade name is the name under which you conduct your business, whether itis your own name, or the ‘name of a corporation or a partnership ora name adopted for a segment of that business. The trade name ‘can be registered under the Trade-marks Act only if itis also used as a trade-mark, that is, used to identify ‘wares or services. “Trade-mark should not be confused witha trade name, which is the business name, under which the business is carried. Registered Trade-Mark vs. Unregistered Trade-Mark Like copyrights, you ate not required to register your trade-mark ~ using a mark for a certain length of time can establish your ownership through Common Law ~ but its highly recommended. Registration of a trade-mark gives the exclusive right to use the mark across Canada for 15 years, renewable every 15 years thereafter. How Do I Register My Trade-Mark? ‘Trade-mark must be used in Canada before it can be registered. Application can be made before use, but registration will not occur until use occurs. Registration protects rights in Canada only. Have to apply for foreign registration if you want protection in other countries. Fivestep Examination Process ‘The Trade-marks Office does the following, when it receives an application: [Searches the trade-marks records to find any other trade-mark that may come into conflict 2. Examines the application for compliance with the requirements of the Trade-marks Act and Regulations, 3, Publishes the application in the Trade-marks Journal. 4. Allows time for opposition tothe application. 5. Hfno one files an opposition to the application, the mark is allowed. Mark is registered upon payment of $200 registration fee Kinds of Marks That Can’t Be Registered a5 Trade-marks ‘© Fullname or sumame Clearly describes a feature of the wares or services eg. “juicy” apples or “sweet” ice eream Deveptively misdescriptive eg. “sugar sweet” Place of origin eg. Atlantic Cod ‘Words in other languages — such as “gelato,” Italian for ice cream Causing confusion ~ words, symbols, sounds or ideas that suggest someone else's trade-mark Prohibited marks — official symbols e.g. RCMP Bad words [A disclaimer is a statement indicating the applicant claims no exclusive rights for certain words appearing ina trade-mark ‘The Trade-Mark Registration Process ‘The preliminary search Application Examination Se Copeman a oi a DD) Ml in Crs 6, Allowance and Registration. Expungement of a Trade-Mark Registration ‘The registered owner ofa trade-mark is responsible to pay a renewal fee every 15 years. Failure to pay such a fee on time will result in the expungement ofthe trade-mark registration. Another responsibilty of the owner is to use the trade-mark in Canada, ‘The owner must use the trade-mark within three years from the date ofthe registration. transfer your rights to it to another party through transaction called an “assignment.” ‘Marking Requirements ‘Trade-mark owners often indicate their registration through certain symbols, namely, R in a circle (rogistere wri), SM (service mark), MD (manque déposée) ue dg commercs ‘The symbols TM, SM, or MC may be used regardless of whether the trade-mark is registered. The circle, or MD, should be used only ifthe mark is registered. Eley Of Beate De Ue ON re eeneeeee Forgery to defraud — 2 years imprisonment and a fine Liable for damages ‘A Guide to Copyrights What is i? Copyright generally means the sole right to produce or reproduce (copy) the work or any substantial part thereof, the work in question of to permit anyone else to do so, in any material form whatever. What is Covered by Copyright? Copyright applies to all original literary, dramatic, musical and atisic works. Copyright in Canada is automaticelly acquired upon creation of every original work. Registration is not essential. © Literary work: books, dictionaries, encyclopedias, pamphlets, poems and other works consisting of text and computer programs; Dramatic works: films, videos, plays, screenplays and scrips; Musical works: compositions that consist of both words and music or music only (note that lyrics ‘without music fall into the literary works category); ‘+ Attistic works: paintings, drawings, maps, photographs, sculptures and architectural works. Copyright also applies to thre other kinds of subject matter *Performe’s performances: performers such as actors, musicians, dancers and singers have copyrights in their performances; ‘+ Communication signals: broadeasters have copyrights inthe communications’ signals that are broadcast; Sound recordings: makers of recordings, such as records, cassettes, and compact dis, which are called “sound recordings” in the Copyright Act, are also protected by copyright C Does Not Ay Copyright is restricted to the expression in a fixed manner (test, recording, and drawing) of an ideas it does not extend to the idea itself. Items which are not proteted by copyright inch mimes or slogans: 4 short phrases and most ites; * methods sch as amethod of teaching o sculpting: factual information, “The copytight act does not give a monopoly tothe title of a work. Many works may appear with the same ttl, but the work itself is protected by copyright they are everyone's Facts, ideas and news are all considered part of the public domain, that is (public) property. Infringement ‘One specific from of infringement is plagiarism. ‘This is copying someone else's work and claiming it as ‘your own Making a copy of a musical tape for private use isnot inftingement because a royelty payment to the owners of the song tights has been paid when the blank audio tape was purchased. Making a copy of a videocassette movie protected by copyright is infeingement, even if you only watch it in your own home. air Dealing and Exceptions “Fair dealing” with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement Copyright Exceptions ‘+ Non-profit educational institutions ~ for educational or training purposes. + Non-profit libraries archives and museums — in order to maintain and mange their collections. + Persons with perceptual disabilities ~ difficulty reading (braille) or hearing (talking books). snatic Protection for Canadian and Foreign Works i automatically have copyright protection provided that, atthe time of creation, you were: ‘A. A Canadian citizen or a person ordinarily resident in Canada; or B.A citizen or subject of, ora person ordinarily resident in, a Beme Copyright Convention country, & Universal Copyright Convention (UCC) country, a Rome Convention country (for sound recordings, performer's performances and communication signals only), or a country that is a ‘member of the World Trade Organization (WTO) country; or CC. Acitizen or subject or a person ordinarily resident in any country to which the Minister has ‘extended protection by notice in the Canada Gazette {In some eases, you would also obtain automatic copyright if your work was first published in one of the countries included among those who have signed the Berne, UCC or Rome Conventions or the WTO agreement, even if you were nota citizen or subject of Canada, or of one of those countries. Authorship ‘The author is normally the person who ereates the work, Ownership Generally, if you are the creator of the work, you own the copyright. However, ifthe work is created in the course of employment, the copyright belongs to the employer unless there is an agreement to the contrary. Duration ‘The general rule is that copyright exists forthe life ofthe author, the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year (for 50 years beyond the life ofthe author). The term for sound recordings and photographs is 30 years from the date of, the frst fixation of the sound recording, or, making of the initial negative or plate ‘Upon death, copyright is transferred to your estate, to be passed to your heirs. Posthumous Works ‘These are works which have not been published during the lifetime of the author. The copytight lasts for the remainder of the calendar year in which the work was first published, performed or delivered and for 50 ‘years after that. ‘Moral Rights Even if you sell your copyright o someone else, you stil retain “moral rights.” This means no one, including the person who owns the copyright, is allowed to distort, mutilate or otherwise modify your work jn a way that is prejudicial to your honour or reputation, ‘You cannot sel or transfer your moral rights to anyone else, but you can waive them when you sell or transfer your copyright or at a later date. Moral rights exist forthe same length of time as copyright Revistation of Copyright JTRS Universal Copyright Convention provides for marking with he symbol ©, the name of the copyright owner and the year of fst publication. Aereements:_Assignments and Licences ‘An assignment occurs when you transfer part, oral, or your rights to another party. Assignment may be for the whole term of the copyright, or fora certain part of it. A licence gives someone else permission to use your work for certain purposes and under certain conditions, but you still retain awnership. You have not given up your rights. ‘To be valid, an assignment or licence rust be in writing and signed by the owner. Royalties and Tariffs Royalties are sums paid to copyright owners as commission fr sales of their works or permission to use them, E.g. Radio stations pay royalties t play records ‘Taviffs are set fees that users must pay for using certain copyright material. E.g. Cable companies pay tariffs for programs. Collectives ‘An organization that collects royalties on behalf ofits members. A Guide to Industrial Designs What is an Industrial Design? ‘An industrial design is the original visual features of shape, configuration, pattern or omamentation applied to auuseful article that is mass-produced. The article may be made by hand, ool or machine. ‘When to File an Application ‘Mast file within 12 months of publication or will fose exclusive rights to the design. Ia design has been ‘made pulblic, itn be registered any time up to one year from the date it went publi. Why You Should Register? Registration enables you to prevent others from making, using, renting or selling your design in Canada for upto 10 years. The registered owner has the sole right to the use ofthe design in Canada for a period of 10 vyears. Un wrk or copyright, an industrial desion-must be registered to be valid. How Long Registration Lasts ‘As of January 1, 1994, registration is for a ten-year term. Before the expiry of five years from the date of the registration of the design, a maintenance fee must be paid For designs registered prior to January 1, 1994, registration is for a five-year term renewable fora further five years. (Once the tem has expired, anyone is free to make, use, rent or sell the design in Canada, One is protected only in Canada, ring Your Applicat ‘A complete application for an industrial desi Design Act: 1. A written description ofthe original features of the design; 2. Drawings or photographs ofthe design (not color) 3, Adoclaration; and 4, The required fe. has four basi elements which are required by the Dndustrial Apalication 1, Initial processing 2. Examination 3. Registration Marking a Product Don’t have to mark the product inorder to indicate that it is registered asa design, but marking does give extra protection. The proper mark isa capital “D” inside a cirele and the name, or abbreviation thereof, of the design’s proprietor on the article, its label or packaging. ‘When you sel all or part ofthe rights in the design permanently to another party. Licenses When you license your design, ‘conditions set out in the licence which ism can license more that one party. ‘you allow someone else to use it in accordance with the particular terms and ‘egotiated between the involved parties. Retain ownership, and q-) © -O o< dedbs W)> 10 AGuid tents P 220 (caro, panadianieestst Property Offie~ responsible forall industrial propery ih CIPO is responsible not only for patents, bu fr all intellectual property sights including trade-marks, copyrights, industrial designs and integrated cireuit topographies. What is.a patent? ‘Through a patent, the government gives the inventor, the right to exe from making, using or selling the invention from the day the patent is granted to a maxitnurn of 20 ySars after the day on which the patent application was filed “The patentee must provide a full description of the invention, which is published 18 months after filing. A patents 1. adocument protecting the rights of the inventor, 2. arepository of useful technical information for the public. What can nt ‘There are three basic criteria for patentability. 1. The invention must be new (fist in the world). 2. It must be useful (functional and operative). 31 Temust show inventive ingenuity and not be obvious to someone skilled in that area. "The invention can be a product, & composition of mater (a chemical composition), an apparatus (machine), ‘manufacture, a process, or any new and useful improvement on any of these. ss beforehand ‘An invention i a technological development or improvement that would not have been of to specialists in the technology being considered. Patents can only be granted forthe physical embodiment of an idea. Patents are not issued for scientific principles, an abstract theorem, an idea, a method of doing business a computer program (trademark), or ‘medical treatment. Novel, Ui, Ingenuity + All patents have 3 characteristics —novelty, utility, and ingemuity When to apply for a patent Jn Canada, patents are given tothe frst inventor to file an application. ‘Therefore, i's wise to file as soon aaeer eis cmpiesng your aventn,in case sorgone else on asia tack. yen ify can aan cn be ncn, joa sete ces opaing vento es Before yu do. t's imperative, also, not to advertise, display or publish information on your invention too soon, Public disclosure of your invention before fling will make it impossible to obtain a valid patent. There is an exception in Canada ifthe disclosure was made by the inventor, or someone who learned ofthe invention from the inventor, ess than one year before fling (i.e. the applicant has a period of | year to file). Most other countries require filing before use or writen disclosure anywhere, ‘The First Steps Towards Patent Protection ‘The Preliminary Search Preparing a Patent Application - a patent application consists ofan abstract, a specification and often drawings. Filing Your Application “To receive an official filing date in Canada, you must submit no Tess than the following: statement that a patent is sought; document describing an invention; rame of the applicant; address ofthe applicant or the applicant's patent agent; prescribed fling fee. Requesting Examination ~ must formally request a patent examination within five years of the Canadian filing dat, otherwise the application will be considered as abandoned, Filing Prior Art and Protests Prior art—information that might cause the patent examiner to object to one or more of your claims. ‘Anyone may also file a protest against the granting of a patent. Special Order Examination — advanced examination by means of a “Special Order” request. Letter of Objection ‘The examiner's objection will be in a report or letter called a “Patent Office Action.” Responding to Examiner's Objections “Amendment Letter” — response of objections to commissioner. Reconsideration by the Examiner “Notice of Allowance” ~ granting of patent. The Canadian Patent Office grants patents. Appealing. “Appeal to the Commissioner of Patents by requesting thatthe Commissioner review the texamincr’s objection toa patent application. ‘The review is conducted by the Patent Appeal Board. If the Commissioner objects to the appeal and refuses to grant a patent, may fake the case to the Federal Court of Canada and from there to the Supreme Court of Canada, ‘Summary of Steps to Obtain a Patent in Canada 1 Find a patent agent. 2, Doa preliminary search, 3. Help your agent prepare a patent application. 4. File the application 5. Request examination. 6. Examiner does search for prior patents and studies claims. 7, Examiner either approves or objects to the claim. 8. Respond to examiner's objections and requirements. 9, Examiner reconsiders and either approves or calls for further amendments. 10, If final decision is objected to, may appeal ‘Applying fora Patent Outside C: Convention Priority ~ the filing date in one member country will be recognized by al the others provided ‘you file in those countries within a year of fist fling. |ee@uent Cooperation Treaty (PCT) Duy file fora patent nas many as 106 member counties though 2 ration fled iv Canada. What Does “Protection” Mean? Patent Infringement - sue for damages due to inftingement. Fees “There are three kinds of fees you must pay to obtain a patent: fling fees, examination fees and grant of ‘patent fees. Yearly maintenance fees are required to maintain am application or a patent in force. Marketing and Licensing Can license the invention of sell the patent. Abuse of Patent Rizhts Compulsory licences may be granted to remedy what is called “abuse of patent rights.” Such abuse can be considered only three years after grant. Abuse situations include: ‘© Not meeting demand in Canadas Hindering trade or industry in Canada by refusing to grant aficence (if such a licence isin the public interest), or by attaching unreasonable conditions to such a licence; «Using a process patent to unfairly prejudice production of a non-patented product, or allowing, the patent on such a product to unfairly prejudice its manufacture, use or sale. In general, an employee invention does not belong to the employer. Roden > CEN erly © > ounuship acl duu arshipeny £ Professional Practice Under the Code of Ethics Section 2: The Professions {A profession isa leamed calling with specialized skill, distinctive functions and recognized social “obligations and has unique characteristics. ‘+ Itrenders services based upon advanced knowledge, skill and judgment. ‘© Itis changed with « substantial degree of public obligation and performs its services largely in the general public interest. «tis bound by a distinctive ethical code in its reletionships with clients, employees, colleagues and the public. + Itassumes responsibility for actions related to professional services provided in perso supervisory capacity. nal or Professionals depend on confidence of two kinds for effective pursuit of theit work: 1. the personal confidence of the client/employer in the technical competence of the engineer, and 2, the confidence ofthe public at large inthe integrity and ethical conduct ofthe profession as a whole. Section 3: Ethics "The word “Ethics” comes from the Greek word “Ethos” and is defined as the study of standards of right and wrong: that part of science and philosophy dealing with moral conduct, duty and judgment. ‘The true professional will incorporate ethics into his or her daily decision-making situations. Section 4: Interpretation and Amplification of the Code of Ethics |APEGGA states: 1. Service and Human Welfare ‘© Professional engineers shall recognize that professional ethie is founded upon integrity, competence, and devotion to service and to the advancement of human welfare. ‘This Concept shail guide their conduct a all times. In this way each professional's actions will enhance the dignity and status ofthe professions. 2, Public Involvement ‘+ Professional engineers, through their practice, are charged with extending public ‘derstanding of the professions and should serve in public affairs when their professional knowledge may be of benefit to the public. 3, Reputation Through Merit ‘Professional enginoers will build their reputations on the basis of merit of the services performed or offered and shall not compete unfairly with others, or compete primarily on the basis of fees without due consideration of other factors, 4, Professional Leadership ‘© Professional engineers will maintain a special obligation to demonstrate understanding, professionalism and technical expertise fo members-in-training under their supervision Rules of Conduet 1. Public Safety and Welfare. © Professional engineers shall have proper regard in all their work forthe safety and \welfare ofall persons and for the physical environment affected by their work. ‘+ Regard the duty to public safety and welfare as paramount, 2. Competence and Knowledge Professional engineers shall undertake only work that they are competent to perform by virtue of training and experience. «© Shall express opinions on engincering only on the basis of adequate knowledge and honest conviction. 3. Signing and Seating ‘+ Professional engineers shall sign and seal only reports, plans or documents thet they have prepared or that have been prepated under their direct supervision and control © Professionals must as a matter of practice keep their stamps and seals under immediate and direct control. ©The absence ofa seal or stamp docs not relieve a member from professional or legal responsibilty if itis proved that he was involved with the work. 4, Faithful Agent or Trustee ‘© Shall act for thet clients or employers as faithful agents or trustees, always acting independently and with faimess and justice to all partes. 5. Conflict of interest ‘© Shall not engage in activities or accept remuneration for services rendered that may create ‘a conflict of interest with ther clients or employers, without the knowledge and consent of their clients or employers. 6. Confidentiality of Information ‘© Shall not disclose confidential information without the consent of their clients or ‘employers, unless the withholding ofthe information is considered contrary tothe safety of the public. 7. Overiting of Judgment ‘© Shall present clearly to their employers the consequences to be expected if their professional judgment is overruled by other authorities in matters pertaining to work for Which they are professionally responsible. 8, Securing Assignments ‘© Shall not offer or accept covert payment forthe purpose of securing an assignment. 9. Professional Advertising ‘© Shall represent their qualifications and competence, ot advertise professional services offered, only through factual representation without exaggeration 10, Conduct Towards Others ‘© Shall conduct themselves toward other professional members and employees with faimess and good faith ‘© Shall review work of another professional only with their knowledge. 1. Reporting Unprofessional Practice ‘+ Shall advise the Registrar of any practice by another member which they believe to be centrary to the Code of Ethics. Intentionally refraining from reporting breaches to the Code of Ethics constitutes unprofessional conduct. Appendix A: Historical Background ~ APEGGA Code of Ethics ‘The Association, then known as the Association of Professional Engineers of Alberts, was incorporated by provincial statue in 1920. Basic Learnings in Industrial Safety and Loss Management Benefits ofthe Integ roach to Industrial Safety and Loss Management “Most major industries in Alberta today have safety and loss management programs that are designed to promote “the reduction of risk to people, the environment, assets and production.” Critical few: A basic management prineiple stating that a small percentage of specific items account for the ‘majority of all incidents and costs. (The 80/20 Rule). Injury frequency rate: Frequency rate ~ (Number of injuries x 200,000 hours) (Total exposure hous) : Total exposure hours = Total number of persons x number of hours worked. 200,000 Not hours represents the total approximate time that 100 persons would work in one year Injury severity rate: ‘Sevetity rate = (Number of lost work days x 200,000 hours) (Total exposure hours) tion Pertaining to Industrial Safety and Loss Management For infractions to worker safety and environmental laws, industries can be fined as much as $1 million, and individuals can also be imprisoned. Occupational Health and Safety Act states the obligations of employers and workers with regard to safety and sets out penalties for failing to meet those obligations. A prime contractor for a work site isthe contractor, employer or other person who enters into agreement with the owner of the work site to be the prime contractor. If there is no agreement, the owner of the work site is considered the prime contractor. "A prime contractor is requied if two or more employers are working atthe work site at the same time. Environmental Protection and Enhancement ct, long with the statutes of Environment Canada, set standards and limits regarding the emission of certain substances in certain amounts. ILCT Intemational Loss Control Institute, now called DNV Det Norske Veritas, Incorporated CAER Community Awareness and Emergency Response APL American Petroleum Industries OSHA Occupational Safety and Health Administration 180 Intemational Organization of Standardization fective industrial safety and loss management programs include a number of key elements that form the basis for: 1. designing, constructing and operating the company's facilities 2. controlling performance by the company, departments and individual employees. “These 11 program elements are: 1. Management leadership, commitment and accountability. ‘© Leadership by example. Visibility. Leadership through objective-setting and stewardship. Line responsibility. “Management participation, 2, ‘The Assessment, Analysis and Management of Risks ‘The term “tisk” is defined asa function of the probability of and unwanted incident and the potential severity of its consequences. ‘System (activities: “A set of steps or activities taken to ensure that stated objectives are achieved. A typical system includes these key elements: ‘© agreed-upon objectives and documented procedures ‘© statements about who is responsible and accountable for implementation and execution, and how resources will be allocated to make this possible + ameasurement process to determine if desired results ere being achieved © a feedback mechanism to provide a basis for further improvement, ‘System (physica) ‘A bounded, physical entity that achieves a defined objective in its environment through interaction ofits parts. This definition implies that: ‘© the system is identifiable ‘+ the system is made up of interacting parts of subsystems © allthe parts are identifiable © the boundary of the system can be defined. Design, Construction and Start-Up Operations and Maintenance ‘The Competency and Training of Employees ‘The Competency and Integration of Contractors Change Management Reporting, Investigating and Analyzing Incidents, and Taking Follow-Up Action Collecting Information and Documentation on Operations and Facilities 10 Community Awareness and Emergency Preparedness 1 The Evaluation and Continuous Improvement of Programs Immediate causes are circumstances that immediately precede an incident or develop during it, Basle eauses, which are the reasons forthe existence of the immediate causes (substandard practices and conditions), are more difficult to identify. ‘The Flixborough Disaster ‘The Flixhorough Works of Nypro (UK) Ltd was a first class chemical plant located approximately 160 miles north of London, England. Although the plant had an excellent design, an explosion completely evastated the plant and the surrounding area on June 1, 1974. Twenty eight people were Killed and cost hhuge $8. Was caused by a poorly designed bypass from reactor to reactor 6 ‘Techniques for Assessing and ‘© Risk observation in the field © Checklists + Simplified logie tree analysis. ‘+ Simple (semi-quantitative) risk assessment, Hazard Indices such as the Dow Index (Dow's Fire and Explosion Index) ~ rank the relative loss potential of plants and processing facilities that handle flammable, combustible or reactive materials. ‘© Failure mode and effeets analysis (FMEA) ~ trace the effects of the failure o individual ‘components on the overall failure of equipment. ‘© Hazard and operability study (HAZOP). Fault tree analysis. MPPD Maximum probable property damage ur Case Stusies of Major Industrial Disasters Piper Alpha: Fire on a North Sea oil platform une 7, 1988; 167 dead Challenger Space Shuttle Disaster (Mission 51-L exploded soon aftr take-off) January 28, 1986; 7 dead Hyatt Regeney Walkways Collapse, Kansas City July 17, 1981; 114 dead ‘The Sinking of the Titanic April 14, 1912; more than 1500 dead ‘Safety and Loss Management Programs for Small Ct ‘Small companies of 0 employees or less make up 95% of Alberta businesses, and they employ more than one-third of Alberta's workforce. Small companies also sustain 44% of all Alberta workplace injuries. le Blowout “Two people died dt to exposure to H2S; a futher 14 persons were hospitalized; 28 people were evacuated; four families temporarily relocated, Total monetary losses came close to $50 millon. ‘The Role of Engineers, Geologists and Geophysicists Worker's Compensation Board costs amount to about $400 million per year, with an average of 55,000 serious injuries and 90 industrial deaths annually. Canadian Professional Engineering Praetice and Ethies by Gordon C. Andrews and John D. Kemper Chapter One: Introduction to the Engineering Profession Engineers primarily concerned with the design and development. Branches: civil, electrical, mechenical, chemical, and industrial Chapter Two: Regulation of the Engineering Profession ‘An applicant is typically admitted to the profession and awarded a [Link]. licence is he satisfies six conditions: ‘© Citizenship ~ citizen of Canada or have the status of « permanent resident. ‘Age ~ minimum age of 18 years ar the legal age of majority in most provinces, Education ~ must prove compliance with academic requirements, Examinations [Experience ~ must prove compliance with experience requirements, ‘Character —must be of good character, as mainly determined from references. Non-residents ~ temporary licence. CCPE Canadian Council of Professional Engineers CEAB Canadian Engineering Accreditation Board — credit universities CEHRB Canadian Engineering Human Resources Board CEQB. Canadian Engineering Qualifications Board CEPAB Canadian Engineering Public Awareness Board Chapter Four: Engineers in Management Leadership requirements: vision, planning, communicating, monitoring, organizing, and rote modeling. Chapter Five: Engineers in Private Practice ACEC Association of Consulting Engineers of Canada ~ membership included with APEGGA FIDIC Intemational Federation of Consulting Engineers QBS Quality Based Selection — client chooses @ consultant Compensation for Consulting Engineers ‘© Per Diem fixed daily rates = Payroll times multiplier - multiplied by a factor to cover overhead and profit + Lump Sum~ determined in advance + Foe asa percentage of estimated or actual construction costs Chapter Six: Principles of Engineering Ethies Ethics ~ the study of right or wrong, good or evil, obligations and rights, justice, and social and politcal ideals Logie ~ the study of rules and reason Epistemology ~ the study of knowledge Metaphysies - the study of very basic ideas such as existence, appearance, reality, and determinism, Four Ethical Theories a‘ Mill's Utilitarianism + ‘The best choice in a moral dilemma is that which produces the maximum benefit forthe greatest number of people. + Mill proposed that the ntensiny and duration of a benefit or pleasure (or pain to be avoided), and the number of people affected should be the three key factors. ‘+ Consistent with concept of democracy. 2, Kant’s Formalism, or Duty Ethics ‘© Bach person has a fundamental duty to act ina correct ethical manner. ‘© ‘The most basic good was “good will” ‘© Itwas the intention to do one’s duty that was significant, not the actual results or | consequences. + One has a duty to follow rules that are generated from the conscience. 1S Stresses the importance of following universal rules, the importance of humanity, and the significance ofthe intention ofan actor rule, rather than the actual outcome in a specific case. 3, Locke's Rights Ethies ‘© Everyone has rights that arise from one’s very existence as a human being, ‘© The rights ofthe individual must be recognized by others, who have a duty not to infringe on these rights. 4, Aristotle's Virtue Ethics ‘©The goodness of an act, object, or person depended on the funetion or goal concemed. © Guide to achieving virtue was to select the “golden mean” between the extremes of excess and deficiency. ‘The Engineering Design Process 1. Recognizing that a problem or need exists. 2) Gathering information and defining the problem to be solved or goal to be achieved. 3, Generating altemative solution or methods. 4. Evaluating benefits and costs of altemative solutions. 5, Decision making and optimization 6. Implementing the best solution. Chapter Seven: Ethical Problems of Engineers in Industry NSPE National Society of Professional Engineers Chapter Hight: Ethical Problems of Engineers in Management “The two most common infringements ofthe Act concem the use of unlicenced personnel to carry out the work of professional engineers and the misuse of engineering titles. ‘Terminating Employment for Just Cause 1 2 3 4 5. 6 7. 8 9. 10. serious misconduct; habitual neglect of duty; serious incompetence; conduct incompatible with duties or prejudicial to the company's business; ‘willful disobedience to lawful and reasonable order of a superior; theft, fraud, or dishonesty; ‘continual insolence and insubordination; ‘excessive absenteeism despite corrective counseling; permanent illness; Jnadequate job performance over an extended period as a result of drug ar aleoho! abuse. Wrongful Dismissal forced resignation; demotion; downward change in reporting function; a unilateral change in responsibilities; forced transfer; ‘and, serious misconduct of the employer toward the employee. Chapter Nine: Ethical Problems of Engineers in Private Practice ‘The Client— Consultant Relationship +The “independent” model — consultant decides. ‘¢ The “balanced” model ~ consultant interacts with the client. ‘©The “agent” model ~ client decides. Use of the Engineer's Seal ‘The tems seal and stamp are interchangeable. ‘The seal has legal significance, since it typically indicates thatthe person accepts responsibitity for the accuracy of the documents fone engineer prepares and another reviews, then both seals should be on the design, ‘The engineerin private practice generally has two sources of concem that can give rise to civil lability: breach of contract and negligence. A breach of contract sa failure to complete the obligations specified in the contract, whereas negligence isa failure to exercise due care inthe performance of engineering. Chapter Ten: The Engineer’s Duty to Society and the Environment Canada’s Environmental Health Proliferation of Machine-Made Hazards © Degradation ofthe Environment Recognizing and Reducing Environmental Hazards ste Disposal Pollution ‘Acid Rain ~called “acid rain" when the pH falls below 5.0; “normal” rain has 2 pH of 56. 11,0 Pollution Global Warming and Ozone Depletion ‘© Greenhouse gases: carbon dioxide (CO:), methane (CH.), nitrogen dioxide (NO.), oxide (Os) and chlorofluorocarbons (CFCS). © Energy Conservation and Nuclear Power + Exponential Population Growth, Chapter Eleven: Engineering Case Histories Case 1 The Quebec Bridge Disasters ‘© Was started in-1900 # In 1907, 75 people were killed when the southern cantilever span twisted and fell nto the St. Lawrence River. 1s In 1916, 13 people were killed when a new centre span being hoisted into position fll into the river. ‘© The bridge was completed in 1917. © Failures were blamed on design and communication, and organizational deficiencies. Case 2 The Vancouver Second Narrows Bridge Collapse + In June, 1958, two spans of the Vancouver Second Narrows Bridge collapsed while under construction. +The accident was caused by the collapse ofa temporary tower supporting the partially completed bridge. ‘+ Bighteen workers were killed, Case 3 The Westray Mine Disaster ‘+ The mine explosion occurred in May, 1992, inthe small village of Plymouth. ‘© Coal dust and methane explosion that killed 26 people. Explosion would have been prevented ifthe Westray mine had complied with the Coal Mines Regulation Act. The explosion would have been prevented if coal dust had not been allowed to accumulate by keeping working places cleared. And if the Noor, road and sides of every road hed been treated with stonedust, the resulting mixture would not contain no more than 35 percent combustible matter. The mine should have been thoroughly ventilated and furnished with an adequate supply of pure air to dilute and render harmless inflammable and noxious gases Case 4 The Lodgepole Well Blowout ‘© In October 1982, the AMOCO oil well being drilled neat Drayton Valley encountered sour gas and blew out of control. Two people were killed ‘« AMOCO personnel were unsuccessful in controlling the hydrostatic pressure in the well, Case S The Bre-X Mining Fraud ‘+ 1997-—mining fraud. Geologists tampered with core samples. Case 6 The Challenger Space Shuttle Explosion ‘© In January 1986, NASA launched the space shuttle Challenger at Cape Canaveral, Florida, * At73 seconds into the ght, a fuel tank exploded, and seven crew members were killed. © Resulted from poor O-ring design ~ to protect the O-rings from hot gases, putty was placed over a ‘gap leading from the O-rings to the combustion area. Before cach flight, the joints had to be tested under pressure to make sure the O-rings were sealed properly. But to really test the O-rings ‘and not just the putty, the testers had fo put enough pressure to blow a hole through the putty. ‘© ‘The putty was essential in protecting the O-rings from the flames, but to fest the rings, a hole was put in the putty that would lead directly from the flames to the O-rings. ‘Case 7 The DC-10 Passenger Aircraft Disaster ‘© In 1972, cargo door blew out of a DC-10 over Windsor, Ontario, and the explosive decompression ofthe cargo department caused part ofthe cabin floor to collapse, opened large hole in the bottom ofthe fuselage. The pilot was able to steer and land the aieraft safely by ‘manipulating the engine throtles. ‘+ ‘Two years later, on 3 March 1974, nine minutes after takeoff from Paris, France, a DC-10 Tost its cargo door. The plane crashed, killing all 346 people aboard. Case 8 Toxic Polletion: Love Canal, Minamata, Bhopal, Sudbury Love Canal, New York ~ Dioxin: Hooker Chemical donated land to the board of educati ‘said nothing about chemicals they'd buried there from 1942-1953 ‘+ Minamata Bay, Japan - Mereury Poisoning: The Chisso Company, a nitrogen fertilizer company jn Minameta, had lost mercury into the Minimata Bay, with the waste water. Between 7000 and ‘3000 people contracted Minamata disease, a debilitating neurological syndrome. © Bhopal, India Methyl Isocyanate: In December, 1984, a poisonous cloud of methyl isocyanate, gas escaped from the Union Carbide plant in Bhopal, India. Likely the worst industrial accident ia human history: the number of casualties are about 3000 to 12000 dead, about 30000 with ‘permanent injuries, 20000 with temporary injuries and 150000 with minor injuries. ‘© Sudbury, Ontario ~ Sulphur Dioxide: Environmental effects of acid rain inthe Sudbury region. but Case 9 Nuclear Safety: Three Mile Island and Chernobyl ‘Three Mile Island: In March 1979, the eactor core became partially uncooled. More than a third of the reactor core hed melted and fallen to the bottom of the reactor vessel. The core melted but ‘was contained. Radiation tumed out to be negtigible. © Chemobyl: In April 1986, the nuclear reactor exploded, releasing huge, sinister clouds of radioactive plutonium, cesium, and uranium dioxide into the atmosphere. Thirty-one people died in the accident: 29 firefighters and two reactor operators, About 200 people were exposed to high levels or radiation and developed acute radiation sickness. Chapter Twelve: Product Safety, Quality, and Liability Basis for Legal Liability Liability may result is it can be proved that the defect was caused by the engineer's negligence (including incompetence or carelessness), or ifthe defect constitutes a breach of the product warranty, or (in the US) if the manufacturer cannot mount an adequate defense against “strict liability.” Sériet liability applies mainly inthe US, but most Canadian engineers and manufacturers must be aware of it (NAFTA). A manufacturer may be strictly Table for any damage that results from the use of his product, Product Warranties ‘The term warranty is usually applied to goods and services and products, while the term guarantee is. usually applied to services or agreements. are promises thatthe produet has a certain quality and/or i will perform for a certain lied warranties are unstated promises that exist as a matter of common sense. Express warranties period of time. Impl ‘Tort — wrongfl civil act committed by one person against another. ‘Advice to Design Engineers ‘Three design reviews are needed for large project: conceptual design review, feasibility design review, _final design review should be held after the design has been fully analyzed and optimized. Formal hazard analysis 1. identify the hazards that may be created 2, tries to prevent or eliminate the need for creating the hazard, Ifthe hazard cannot be eliminated, then 3. it should be treated asa signal that emanates from a source and follows some path to a receiver (the user of the design), where the hazard inflicts some damage, There are three locations where ‘action can be taken to shield the hazard and prevent damage: at the source, along the path, orat the receiver. Finally, ifthe above steps prove to be unsuccessful and the product is unsafe, then 4, some remedial action is essential: recall the unsafe product, notify people of danger, or assist the injured as appropriate. Instruction, Warning, and Danger Signs (CAUTION is used to war of risks that might result from unsafe practices. WARNING denotes a specific potential hazard. DANGER indicates a serious hazard to personal safety, near the sign. FMEA Failure Mode and Effects Analysis ~bottom-to-top process. Start with piece of equipment, and determine how they could conceivably fal FTA Fault Tree Analysis — top-to-bottom process. First envision a disastrous system faire sce Standards Council of Canada NSS. National Standards System ‘The SCC secrets four types of organizations: 1. Standards-developing organizations coordinate the work of committees of volunteers that write standards; 2. Certification organizations certify that products or services comply with the requirements of standards, and allow their mark fo be used as an indication of compliance; ‘Testing and calibration laboratories perform tests and measurements indicated by standards; Quality registration organizations register quality systems of companies to quality standards like the ISO 9000 series, Iso Intemational Organization for Standardization IEC Intemational Electrotechnical Commission 180 9000 and ISO 14000 Standards 180 9000 ~ Quality Management and Quality Assurance Standards ‘©The first version was released in 1987. ‘© Quality audits should occur every six months, with a complete recertification audit caried out every third year. ISO 14000 - Environmental Management Systems Released in 1996, EGAD - Bthical Issues Generation of Altematives Analysis, Decision Chapter Thirteen: Fairness and Equity in Engineering Discrimination: the action of discerning, distinguishing things or people from others, and making a difference. The act of distinguishing one group from others, to its detriment, NSERC Natural Sciences and Engineering Research Council CCWE Canadian Committee on Women in Engineering CMA Canadian Manufacturer's Association ACEC Association of Consulting Engineers of Canada Chapter Fourteen: Disciplinary Powers and Procedures Definition of Professional Misconduct ‘The provincial Acts typically identify six causes for disciplinary action: professional misconduct (or unprofessional conduc), incompetence, negligence, breach of the code of ethics, physial or mental incapacity, and conviction ofa serious offence. ‘The Disciplinary Process ~ the complaints process ~ 3 stage process Stage 1 ~ Gathering Information Stage 2 ~ Evaluation of the Complaint Stage 3 — Formal Hearing that renders a judgment. “The three stages of the disciplinary process ere usually carried out by thee different groups of people. No cone who participates at an earlier stage is permited to participate inthe final hearing and judgment. Stipulated Order [A Stipulated Order process is a simpler form of disciplinary heating for less serious cases. May be used. {nstead ofa formal hearing when the Complaints Committe has reason to believe, after reviewing the complaint, supporting materials, response of the accused engineer, that the Act, regulations, or by-laws hhave been breached but a formal hearing is not warranted. The written consent of the complainant and the accused engineer are required before the process can begin. A single representative of the Discipline Commitice will meet separately with the member and the complainant to discuss the evidence. If the ‘matter cannot be resolved by way of a Stipulated Order, it proceeds to a discipline hearing, Disciplinary Powers Penalties meted out by the Discipline Committee are disciplinary not imprisonment. Chapter Fifteen: Maintaining Professional Competence Avoid Technical Obsolescence Legal Requirements for Maintaining Competence ~ only a few Associations have quality assurance (QA) ‘programs in place. EIC Engineering Institute of Canada CEU — Continuing Education Unit Chapter Sixteen: Engineering Societies ‘The IC is now an executive or “umbrella” organization with five federated societies: CGS Canadian Geotechnical Society CSME Canadian Society of Mechanical Engineers CSCE Canadian Society of Civil Enginoers CSEM Canadian Society of Engineering Management IEEE Institute of Electrical and Electronic Engineering. [And arrangements were made with others: CSCHE. Canadian Society of Chemical Engineers Lavy for Professional Engineers by D.L. Marston Chapter One: The Canadian Legal System ‘The Theory of Precedent ‘The cours apply legal principles established in previous court decisions that involved similar ot analogous fac situations. Once decisions are made in previous courts, the principles established are used again and again Historical Basis “There are two main sources of law: Common Law ~ judge made law Legislation ~ statutes made by legislatures, parliament Common Law Certain specific remedies were available in only certain circumstances. This system of specific remedies ‘was ealled the "common Taw.” ‘Common Law -a major source of law is “judge-made law” ~ court decisions establishing legal principles. Legislation [A salute is a codification of the law as the legislature determines a the time of enactment; it may be codification of existing common law or the enactment of new law. Federal and Provincial Powers Under the Canadian Constitution, the British North America Act, 1867 (renamed the Constitution Act, 1867 by the Constitution Act, 1982), the federal government and the provinces have authority to enact legislation If provincial or federal statute would be challenged on the grounds that they dealt with a matter beyond. the opposite’s (provincial or federal) authority, or “ultra vires,” that statute would be effectively rendered. void, “The Constitution Act, 1982, contains Canadian Charter of Rights and Freedoms. Everyone has the following fundamental freedoms: ‘© freedom of conscience and religion; ‘freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; * ficedom of association ‘The Federal and Provincial Court Systems England and the US provide common law precedents; Canadian courts have more often preferred to follow English ease precedents than US common law. Public and Private Law Public Law ~ deals with the rights and obligations of government, on the one hand, and individuals and ‘private organizations, onthe other, ie, criminal law and constitutional law. Private Law - deals with rights and obligations of individuals or private organizations. Je. contracts and torts Basic Terminology Plaintft~ the party bringing the action or making the claim in the lawsuit. In criminal matters, this is. usually the Crown. Defendant ~ the party defending the action Privity of Contract ~ describes the legal relationship between partis to a contract. Indemnification ~ a promise to directly compensate or reimburse another party fr a loss or cost incurred Chapter Two: Business Organizations Basic Forms ‘Three basic forms of business organizations: TL. Sole proprietorship — an individual caries on business by and for himself. The proprietor personally enjoys the profits and personally incurs any business losses. The owners can lose their personal belongings (houses, etc). 2, Partnership — an association of persons who conduct @ business in common with a view to profit, ‘They share in profits an losses personally 3. Corporation ~ an entity unto itself, distinct from its shareholder owners. ‘The corporation itself ‘owns its assets and incurs its own liabilities. ‘The liabilities are those of the corporation, and not those of the shareholders. ‘The Independence of the Corporate Entity Note: in a corporation, the banks can sometimes ask for personal collateral, to cover foans. So in some senses, a corporation is only somewhat ‘limited-Hiability.” Where it can be established that the limited-liability characteristic of a corporation is being used for the protection ofan individual in perpetrating a fraud, the courts will refuse to recognize the separate identities. Engineers may incorporate (this may provide limited-liabilty and tax advantages). Duration of Partnerships and Co ‘A partnership is dissolved by the death or bankruptcy or insolvency of one if its partners. A corporation is ‘of course unaffected by the death ofa shareholder. Basie Tax Considerations CCPC Canadian-Controlled Private Corporation ‘A corporation payss a combined federal/provincial tax rate of approximately 45%. So when a shareholder receives a dividend, tax is already paid on the funds, This is why he receives a dividend tax credit. jmiting Partnership Liability [Limited partnership - statutes that allow a limited partner to limit his liability to the amount contributed to the partnership. But they do not participate in the operation ofthe business, like the “general partners,” ‘A limited pariner should ensure that his name is not used in the name of the partnership. Only general paciners are authotized to transact business on behalf of the limited partnership. Private” and “Public” Comorations ‘A “private” company is generally defined as a company in which: 1. The right to transfer shares is restricted. 2. the number ofits shareholders, exclusive of present and former employees, is not more than fifty; and 3, the public buying its securities is prohibited. ‘The Director’s Standard of Care ‘A Director of a corporation in Ontario has legal obligations. He can be sued for up to 6 months wages by ‘employees of the corporation (in Onterio, anyway). He can be sued for up to 6 months after he resigns from being a director. Ifa corporation violates a law, he i party to the violation; including prosecution by the law, ‘The Joint Venture ‘A joint venture is essentially a partnership limited to one project. Chapter Three: International Considerations ‘Tort Liability Chapter Fou ‘Tort Fability refers to a private or civil wrong or injury, one that involves negligence and that may arise independently of contract, No privity of contract is requited for tort Kability to exist, Concurrent liability in tort and contract — itis possible that tort lability and liability for breach of contract can both occur. Fundamental Purpose ‘The fundamental purpose of tort law is to compensate victims of torts, not the punishment of negligent iwrongdoers. To compensate a party that has suffered damages asa result of a neglectful act or omission. Professional liability insurance should provide protection if an engineer's negligence results in damages arising in tort. Principles of Tort Law ‘The plaintiff in a tort action must substantiate that: 8, the defendant owed the plaintiff a duty of care, b. the defendant breached that duty by his conduct; and ©. the defendant's conduct caused the injury to the plant. ‘The Engineer’s Standard of Care Engineers have a duty to use the reasonable care and skill of engineers of ordinary competence. Development of Tort Law Hedley Byrne case extended the scope of damages to include financial loss that resulted from bad advice negligently given. ‘Tort law says that if one party relies on the special skill and judgment ofthe other party, and both parties are aware of the reliance, then the party giving advice is liable to the party receiving the advice. This has implications for engineers. Strict Liability ‘Worker's compensation recognizes that faut is not necessary if compensation is to be provided. In products liability cases in the US, a manufacturer may be strictly Hable for any damage that results from the use of the product even though the manufacturer was not negligent in producing it. Canadian products- liability law has not yet adopted this “strict liability” concept, but the law appears to be developing in that direction. Vicarious ‘Employer i Hable forthe negligent performance (errors) of an employee (although this doesn’t absolve the “employee of blame in the courts). A company can be sued for faulty enginecring done by their engineers Employees are also potentially liable in tort (at the same time). ‘A corporation should ensure that its professional liability insurance covers both the corporation and the engineers. Concurrent Tortfeasors ‘At times, orts concur to produce the same damage. I is possible for more than one party to be liable in such a tort action. Products Liability Wherever it can be established that injury ought reasonably to have been foreseen in any particular circumstances, a potential for products lability arises. ‘Standard of Care and Duty to Warn Risk of injury is inherent in some products. A manufacturer must warn the consumer of any dangerous potential ofthe product by appropriate labeling. George Ho Lem v. Barotto Sports Ltd. And Ponsness-Warren, Inc. A man was injured by use ofa shot reloading device. He sued the manufacturer, but lost the case, because he was given simple, clear Fastructions, and didn’t follow them, The manufacturer is not guilty for all injury resulting from use of their product, ifthe product is not used in a responsible manner. Economic Loss in products liability matters there was a reluctance to extend Habiity for negligence to economic losses in the absence of actual physical injury. ‘One can sue for economic fos, but only in the case where injury or physical damage of assets occurs. One can sometimes successfully sue for economic foss due to Tost time. Other Relevant Torts ‘the tort of defamation, which is Further divided into two classifications: libel and slander. ‘The reputation of the plaintiff is damaged by untrue statements publicly made by the defendant. Ifthe ‘true statements are made in writing, the tort is referred to as “libel if the untrue statements are ‘erbal, the tort is referred to as “slander.” Ifthe statements that damage a reputation are true, no liability arises. 2, occupier’ liability. The occupier of property must exercise the required standard o feae to ensure the safety of individuals coming onto that property. A duty of care extends to trespassers, “although trespassers are not accorded a standard of care as are these coming onto the property for business reasons or as guests. the tort of nuisance, designed to alleviate undue interference with the comfortable and convenient enjoyment of the plaints land. Chapter Five: Limitation Periods For tort actions, there is a time limit in which one can sue. ‘The prescribed period generally is six years fiom the “time the cause of action arose” (when the damages were frst detected), {In contract, unless the contract expressly limits the time period, the prescribed limitation period is generally six years (after the breach of duty) but is extended to twenty years where the contract is signed under seal. ‘An action commencing after the prescribed period is said to bo “statute barred.” Chapter Six: Proof ‘The Burden of Proof ‘Two degrees of proof exist; for non-criminal (civil) proceedings (the most common type for engineers to be javolved in), such as actions in tort or contract, the plaintiff must generally prove the case against the defendant by persuading the court on a “balance of probabilities” that the fects are as the plaintiff alleges them, and that the defendant should be held liable. In certain criminal proceedings, the plaintiff must prove to the court that the accused person is guilty “beyond a reasonable doubt.” Thus, the degree of proof required is higher in the case ofa criminal case. Engineers as Expert Witnesses ‘The expert is permitted to express opinions with respect to his area of expertise. Chapter Seven: Contracts Por a contract to be binding and enforceable, five elements must be present: 1. an offer made and accepted; ‘mutual intent to enter into the contract; consideration; capacity to contract; lawful purpose. Assignment of Rights Contractual benefits (for example, the right to receive payment for services rendered) can be assigned to a third party by one ofthe contracting parties without the consent ofthe other party to the contract. Chapter Eight: Offer and Acceptance An olfer is a promise made by one person ~ the offeror—to another —the offeree. Until itis accepted, the offer may be withdrawn by the offeror unless it is made expressly and effectively itrevocable by its terms. Normally offers can be withdrawn up until the time thatthe offer is accepted, at ‘which point itis binding. revocable Offers Ina process such as the tendering process, once an offer has been made, it can not be withdrawn, during the preset time period. An offeree might want to ensure that an offer will not be revoked by the offeror before ‘the offeree can accept it. ‘The Option Contract ‘The option contract is another means of keeping an offer open for a certain period of time. ‘The right to accept the offer is preserved until the offeree chooses to exercise the option. ‘The offeror is thus precluded from revoking the offer. Something of value must be made at the time of entering into the option agreement in order to make the option contract enforceable. ‘A party (one only) purchases the right to accept the offer, or forfeit their deposit. A deposit must be placed under this system of Offer & Acceptance. This prevents the person who is selling land, for example, from selling to another party, until the time limit on the option contract expires, This “holds” the purchase forthe person making the offer, who may then buy it, or may decide not to buy it, and therefore lose their deposit. Manner of Communica a. Timing ‘Accepting an Offer ‘Mail - the acceptance is effected when the offeree posts the acceptance letter. ‘Telegram — a communication is effected at the time the message is delivered to the telegram operator. Unless the two parties agree to communicate by post or telegram, the communication of the acceptance of an offer is effected only when it is actuslly received by the offeror. evoking an Offer— the general rule is that revocation of an offer is not effective until the offeree actually receives notice of the revocation. an offeror who intends to revoke an offer should do so as expeditiously as possible b. Governing Law ~ the general rule is thatthe law of the place where the acceptance of the offer ‘becomes effective is the law that shall prevail (unless otherwise agreed upon). Chapter Nine: Intent Mutual intent ‘The engineer should make sure that any contract document specifies the agreement between the parties on all essential terms. Lotters of Intent ‘Businesses use the letter to express interest in proceeding with a particular transaction, usually on the basis of further negotiation and subsequent agreement. Sometimes letters of intent are agreements to agree, rather than well-defined agreements, The agreements to agree do not constitute enforceable contracts: the Courls will not enforce “letters of intent,” especially if there is an intention to create a more detailed ‘official agreement late. Itis, in fact, no agreement at all. It is good idea to have a letter of intent to clear up misunderstandings. Chapter Ten: Consideration Consideration Consideration is an essential part of an enforceable contract, It is the cause, motive, price, or impelling influence that induces a contracting party to enter into a contract. Consideration can be described as something of value (promises, money) that is exchanged by contracting parties. ‘When consideration is not present in the form of promises or other mutual exchange of something of value, ‘no contract is formed unless the document is “sealed.” There are two kinds of seals. A mechanical device is used to imprint corporate seals on documents executed by corporations; the personal seal of the individual isa small red adhesive wafer. These are legally binding. ‘An “irevocable” offer is not legally binding unless there is a seal attached, Equitable Estoppel ‘When a party opts out of @ contract without consideration (which was not sealed). Inequitable ifthe optionor were permitted to enforce the original contract in the circumstances and thatthe “optionor should therefore be “estopped” from reverting to his strict contractual rights. Pursuant to contract law, consideration (or a seal) must be present in order to make an amendment to contract enforceable ~ otherwise the amending promise is gratuitous. Where the terms of a contract are mended without the consideration that would make the amending promise enforceable, there may be relief for the party that relies upon the gratuitous promise. The concept whereby such relief may be provided is called “promissory” or “equitable estoppel.” Eg, Allowed to make late payments - you can't suddenly declare breach of contract on a late payment. Eg, After verbally extending the option period, a party tried to revert back to the original period. Equitable estoppel was applied. Chapter Eleven: Capacity Minors ‘A contract with a minor is enforceable by the minor but unenforceable by the other party, unless it can be cstablished that the contract concemed something that was necessary to the minor (for example, food, clothing, shelter). Drunks and Lunatics Contracts for non-necessities entered into by lunatics or intoxicated persons are enforceable by the lunatic for drunkard but unenforceable by the other party — on two conditions. Drunks or lunaies can repudiate a Contract if they can prove the other party tothe contract was aware of the state of insobriety or macy. And the incapacitated party must repudiate the contract within a reasonable period of time. Chapter Twelve: Legality Contrary to Statute Law ‘A contract will not be enforced if the purpose of the contract is unlawful, that is, if it is egal or void because itis contrary to eny statute. They include: 1. acontract contrary to the provisions of the Bankruptcy Act; 1 contract that is contrary to provincial workers’ compensation legislation; ‘contract that is contrary to the provisions of the Competition Act (Canada); ‘contract that provides for a waiver of lien rights contrary to the Construction Lien Act of Ontario; 5, a contract for services where the party to perform is required to be licensed pursuant fo a statute or by-law. Failure to license may expressly preclude the right to contract for such services, Eg. An electrician trying to collect money owed him, when he did work which he was unqualified to 4, will not collet the money. Contrary 19 Common Law ‘A contract that contravenes statutory law may be illegal and/or void; a contract that is against public policy ‘may be illegal and/or void according to common lw. Chapter Thirteen: ‘The Statute of Frauds Contracts may be verbal, written, ora combination or both. “The statute of frauds stipulates that certain types of contracts must be in writing to be enforceable 1 contracts eating to interests in and (propety ownership); 2) those agreements tat are not tobe performed within ane year fom the making thereof; and 3. guarantees of indebtedness. ‘A contract between an engineer and client isnot usually a contract that must be in writing under the Statute fof Frauds. A verbal contract is binding, for one year. ‘A contract of guarantee must also be in writing in order to enforceable. An indemmification need not be in ‘writing t9 be enforcesble. In some circumstances, however, it may be difficult to distinguish between @ ‘contract of guarantce and one of inderonification (a promise to directly compensate or reimburse another party for a loss or cost incurred). It is advisable to put both kinds of agreement in writing. Chapter Fourteen: Misrepresentation, Duress, and Undue Influence Misrepresentation ‘A misrepresentation is @ false statement or assertion of fact. If a misrepresentation is made to induce a party to enter into a contract, the misled party may apply to the court to have the contract rescinded. ‘The out will trea the contract as voidable at the option of the party misled. When a contract is rescinded, itis ‘cancelled or set aside, ‘There are two type of misrepresentation; An innocent misrepresentation is a false assertion made by a party who does not know that the statement is false, The contract will be rescinded. ‘A fraudulent mistepresentation as a statement made “(1) knowingly, or (2) without belief in its teuth, or (3) recklessly, careless whether it be true or false.” (knowingly misleading) The contract ‘will be rescinded and compensation for reasonable cost incurred may be claimed Duress If a contract is induced by means of intimidation (duress), it is voidsble. Duress can be defined as threatened or actual violence or imprisonment used as a means of persuading a party to enter into a ‘contract, Jndue Influence Undue influence is similar to duress, but arises in less drastic circumstances. Undue influence occurs where one party dominates the free will of the other party to such an extent as to be able to coerce the dominated party into an unfair agreement. In such circumstances the dominated party is entitled to be relieved of contractual obligations. Chapter Fifteen: Mistake Rectification If contracting partcs have clearly reached agreement but have recorded the provisions of the agreement inaccurately in a written contract, “common mistake” has occurred. One of the partes to the agreement ‘can apply to the court for an order of rectification. The order is used to correct an obvious common mistake. Unilateral Mistake ‘A unilateral mistake isa mistake made by only one party to contract Unilateral mistakes by contractors in tendering. In the past, if a mistake was made by a contractor in @ seated bid, they could not withdraw the bid (to avoid financial foss). But in recent decisions, an offeree (receiving the offer) could not knowingly eccept a bid which had been made in error (even if it was tmnasually low). But the Supreme Court held the original decision, saying thatthe contractor must lose his deposit if he withdrew his bid either before or after it was accepted. Chapter Sixteen: Tendering Issues ~ Contract A ‘There are two separtte contacts arising inthe tendering process. "The first is “Contract A” (the contract of irrevocabilty), that deals with the tendering phase. Contract Ais formed when the owner's offer is accepted upon the submission of each bid. Contract A provides the basis for contractors to make claims should another bidder be treated beter. “The second is “Contract B” (the construction contract itself) that is formed on the award and that applies to the construction phase. The second contract, the construction contract, arises on the selection ofthe winning bid Chapter Seventeen: Contract Interpretation Im approaching the interpretation of contracts there are different approaches that can be taken ~ the “liberal” approach or the “strict” construction approach. The “liberal” approach takes into account the intent of the patties and i the extreme, may lead to too much speculation on that intent. The “strict” approach focuses fbn the precise words inthe agreement, inthe extreme relying on dictionary meanings. Rule of Contra Proferentem Where @ contact is ambiguous, it will be construed or interpreted against the party that drafted the provision. Parol Evidence Rule lly but is not included in the contract, the condition is not part of the Ifa condition is agreed upon verbal contract (je, not enforceable). ‘The contract law rule that precludes evidence of the omitted condition is called the “parol evidence rule.” Implied Terms ‘The parties to a contract overlook the inclusion of an obvious term ~ the “implication of terms.” Chapter Eighteen: Discharge of Contracts ‘There are several ways to accomplish the discharge of a contract. 1. Performance as a Means of Discharge — all partes have completed their respective obligations. 2. Agreement to Discharge ~ both parties agree to cancel the contract. 3, Discharge Pursuant to Express Terms ~ may terminate upon occurrence of certain events (agreed upon in contrac). 4. Discharge by Frustration ~ changing circumstances may radically change the obligation of the parties. The “force majeure” clause usually provides that time for completion will be extended (or the contract discharged) in the event of war, riot, insurrection, flood, labour dispute, or other events that arise beyond the control of either party. Discharge (the end) of a contract must be mutual between both parties. Chapter Nineteen: Breach of Contract Ia party fo a contract fails to perform obligations specified in the contract, then the defaulting party has breached the contract. ‘An obligation essential or vital to the contract is called a “condition”; an obligation that is not essential to the contract is called a “warranty.” Breach of a condition or of a warranty may entitle the non-defaulting party to compensation (damages). But enly breach of a condition that is of fundamental importance to the ‘contract will entitle the non-. that their workers are aware of ther responsibilities and duties under this Act and the regulations (afety rules). Every supplier shall ensure that any tool, appliance, equipment, or hazardous material that he supplies isin safe operating condition and complies with this Act or the regulations. 5. Staff In accordance with the Public Service ct, there may be appointed one or more: Directors of Occupational Hygiene Occupational Health and Safety Officers and any other employees necessary for the administration of this act. 6, Occupational Health and Safety Council ‘There is o be an “Occupational Health and Safety Councit” that shall consist of up to 12 persons appointed by the Lieutenant Governor in Council ‘The Minister responsible for OHSA shall designate one of the members of the Council as chairman and one ‘or more of the members as vice-chairman, ‘The members ofthe Council shall be appointed for terms of 3 years, and are pad. 7. Duties of Council ‘The Council advises the Minister, hears sppeals, and performs the duties and functions assigned to it by the Act. 8. Inspeetion Am officer has the power to ‘enter any work site and inspect that work site at any reasonable hour, bb. require the production of any records, books, plans or documents that relate tothe health or safety of workers and may examine them; inspect, seize or take samples of any material, product, tool, appliance or equipment being, produced, used or found in or on the work site that is being inspected; 4, make tests and take photographs or recordings in respect of any work si fe. interview and obtain statements from any persons at the work site. 9, Order to Remedy Unhealthy or Unsafe Conditions [An officer that is of the opinion that work is being carried out that is unhealthy or unsafe may order in writings ‘4. to stop the work that is specified in the order, and order any measure be taken to rectify the situation reinstate a worker who has been fired due to compliance with the Act, order the employer to pay the equivalent wages the worker would have eared if he had not been dismissed, ete. 10, Danger to Persons on Work Site Officers can verbally; ‘8, order the work or any part fit that is taking place to be stopped; order any worker or ather persons present fo leave the worksite; c. in writing order the prime contractor, the contractor or the employer to take measures specified by the officer thatthe officer considers necessary forthe purpose of removing the source of the danger orto protect any person fiom the danger. Peace officer can assist the officer in carrying out his duties, 11, Order Stopping the Use of Unsafe Tools, Appliances, Ete. When an officer is of the opinion that a tool, appliance or equipment being used is unsafe, he may in swriting order the worker to stop using that tool, appliance or equipment. ‘When an officer is of the opinion that tool, appliance or equipment being supplied is unsafe, he may in ‘writing order the supplier to stop supplying that tool, appliance or equipment. He can late rescind the order; once he is satisfied the too! is sae, 13. Licence A licence may be issued in accordance withthe regulations. [A director may cancel or suspend the licence which has been issued. 14, Protection of Workers on a Project Directors can stop a project before it begins, if they feel it s unsafe. ‘They can also request plans, drawings, specifications that are reasonably necessary for determining whether the health and safety ofthe workers concerned is being or will be protected (fiom a project) 15, New Project {A person who intends to begin a new project may be required to file notice in accordance withthe regulations. 16, Appeal [A person, whose licence has been cancelled or suspended, may appeal the order, cancellation or suspension to the Council, He must appeal within 30 days ofthis action. 17. Hearing of Appeal “The Council may split up into ‘divisions’ to handle cases simultaneously. Each division must have a minimum of 3 persons on it to be valid 18, Serious Injuries and Accidents Ian injury or accident occurs ata work site the employer must: ‘a. nolily the Director of Inspection of the time, place and nature ofthe injury or accident; 6. dotheir own inspection; submit a report o OSHA (and keep it on file forat least 2 years). [Note that this report is not admissible as evidence should the case go to court, or in any investigation, 20. Medical Examination ‘A Director of Medical Services may insist on a medical examination of a worker, paid for by the employer. 21. Notice of Findings ‘When a doctor, in the course of his practice, diagnosis a notifiable disease in a patient, he must notify 8 Director of Medical Services within 7 days. 22. Hazards Ifa worker is involved in a hazardous occupation, the employer must provide the worker with regular ‘medical examinations, end register the worker's name, and nature of the job, with the Director of Medical Inspection (within 30 days of starting employment). 28. Exchange of Information ‘The OHSA Minister can exchange any relevant information with the Workers Compensation Board. 30. Controlled Product fa controlled product is used, stored, handled or manufactured, the controlled product must be labeled, & material safety data sheet must readily be available to workers, and those using the controlled product must bbe trained with respect to the controlled product. 31, Joint Work Site Health and Safety Committees "The Minister may require the formation of a health and safety committee, with representatives from the employer, contractors, and employees. The committee wil lok at safety issues (accident prevention and safety education). 33, Code of Practice ‘An employer may be required to state their safety policy, in waiting, This is called a code of practice. 34, Acceptance ‘A Ditector may issue in writing an acceptance to an employer. This isa requirement to use an alternative tool, appliance, equipment, work proces, first aid service or fist aid supplies or equipment ata work ste 135. Existence of Imminent Danger (not normal for the occupation) Ifa worker refuses to carry out work due to dangerous condition, he shall notify his employer of the dangerous condition. ‘The employer shall correct the situation, and prepare a written record of the worker's notification. The worker should get copy of this notification. 37. Disciplinary Action Complaint if'a worker feels he has been fired because of compliance withthe Act, they should file a complaint with an officer. 38. Board of Inquiry ‘The Minister may appoint a board of inquiry. 39. Administration Costs ‘The Minister has the power to assess employers for cost, 40, Regulations ‘The Lieutenant Governor in Council may make regulations. 41. Offences First offences are liable to: ‘fine of up to $150,000, plus $10,000 per day or 6 months in ail Further offences are liable to: 1 fine of up to $300,000, plas $20,000 per day, or 12 months in jail. 42, Enforcement of Compliance With Order {fan employer is ignoring the order ofa Director of Inspection, made under the Act, they shal initiate a request for compliance to the Court of Queen's Bench. 43. Awarding of Costs ‘The Court may make any award as to costs that it considers proper. ‘The Concepts of Professionalism An APEGGA Statement Section 1: Summary Professionalism and professional conduct are defined in terms of a profession and a professional [A profession is an occupation characterized by high levels of technical competence and the degree the responsibilty inherent in its practice. Itrequies the application of mature seasoned judgment to situations ‘where many altemative actions ae possible and where many persons can be significantly affected by the ultimate decisions taken, [A professional is a person recognized to have high levels of technical competence which are beneficially applied to those requiring his services, Professional conduct means: + Evident competence, responsibility and trustworthiness, ‘©The acquiring and maintenance of technical expertise. ‘+The beneficial application ofthis special expertise inthe service of others. ‘© ‘The responsibilty to act with mature and seasoned judgment so that the maximum benefit will accrue fo society generally. ‘©The selfregulation of our fraternity, association and peers so that we are always seen to merit societal trust. Section 2: Introduction Professionalism as a. Control System itis APEGGA’s view that professionalism can best be defined as a “quality control” system. ‘The quality control system resulting from professionalism elicits the peak of responsibility and discipline from the individual. The essence ofa profession is self-regulation. Quality Control Systems Control systems can be classified as formal or informal. Formal Govemment Professional Association Informal Employers Unions Voluntary Associations or Societies Formal Administration In formal control, the govemment regulates the occupational group; ina few cases the administration of control is passed toa professional association, Informal Administration ‘There are many occupations which can be practiced by anyone, ‘Those who practice these occupations frequently join together to form a voluntary society or association of members. Such associations cannot exercise the same control over members as a Professional Association does due to the fact that membership is not mandatory in order to “practice the profession.” Section 3: Professionalism in Occupations Some occupations have been given the right and the responsibility to gover themselves because of 1. The level of responsibility of the occupation, and 2. The level of the sense of responsibility of the practitioners ofthe occupation both on the individual Tevel and on the group level Ciiteria for Ranking Occupations by Level of Responsibility 1. Importance of the Service (Impact) ‘+ The importance of the outcomes of services provided by the occupation will be high and the effect, particularly of errors in judgment, will be significant (inmpact of occupation) before an ‘occupation will be classed asa profession. ‘+ This aspect is sometimes called the cruciality of an occupation. 2. The Nature of the Professed Knowledge (i. the breadth and depth of knowledge required) 3 Frequency of Need for Reasoned Judgments 4. Supervision required (the less requed, the higher the responsibility) Section 4: Professionalism in the Individual Characteristics ofa Professional T, Competent; has depth of knowledge ‘© The practice of a profession requires the exercise of reasoned judgment to solve the problems which a professional must address, |A Desire for Autonomy; can take charge, show leadership ‘Committed to, and Identifies with the Profession Ethical Commitment to Collegial Standards; is committed to mastering the profession ‘The Many Faces of the Word Professional ‘Honest, Trustworthy, and Principled Skatlfol Paid A Loyal Employee High Quality, High Rank ~ high standards and excellence Section 5: Dilemmas and Problems of the Professional 1. Being Classed as an Blitist 2. Monopolies and Professions 3. Public Expectations. Providing Professional Service tothe Public Through an Employer ‘There are two basic models of labor exchange. ‘a, The Professional / Client Model i, Type 1 — The “Ideal” Type of the Model (many clients) ‘© Firstly, the professional is relatively autonomous. Secondly, the professional association is the major quality contro! factor in the professional's work life. ii," Type 2— The Professional / Single Client Model — become an employee b, The Employee / Employer Mode! i. Type | ~ The Visible Customer — the employee provides services to the customers of the employer. ii, Type 2~ The Invisible Customer — report directly to employer. Peofessional Responsibility and Corporate Responsibility [APEGGA believes that the professional's primary responsibilty isto protect the health, safety and welfare of the public and that this responsibility is not mitigated when the professional is providing service to the publi through an employer. ‘Corporate responsibility to the public is also a fact of life. Companies are held responsible by society for the quality ofthe products and services which they supply to their shareholders ‘The Engineering, Geological Professions Act, Regulations and By-Laws April 2000 act tions “Certificate Holder” means (i) a joint firm, and (ji) a restricted practitioner. “Member ofthe Public” means, a person who is i. Canadian citizen who is awfully admitted to Canada for permanent residence, ii, resident of Alberta, and ‘ii, nota professional member of the Association. “Minister” means the Minister of Public Works, Supply and Services. Part: Scope of Practice Exclusive Scope of the Practice of Engineering 2(2) No individial, corporation, partnership or other entity is entitled to engage in both the practice of engineering and the practice of architecture unless it holds a certificate of authorization under this Act or the Architects Act permitting it to do so. @) A professional engineer, licensee, permit holder or joint firm may engage inthe practice of surveying. other than land surveying as defined in the Land Surveyors Act. (4) All engineering must be performed by or under the supervision of a professional engineer, with the exception ofthe following: ‘aan engineer-in-training supervised and controlled by a professional engineer, licensee, permit, holder or certificate holder; an engineering technologist as defined inthe regulations; «person on his own property and for his sole domestic use; ‘a member of the Canadian Forces while actually employed on duty with the Forces; ‘person employed by a university whose teaches engineering. Do not need to be a P-Eng. to build the following buildings: ‘a building 3 stories oles in height, for assembly occupancy or institutional occupancy that i, fora single storey building, has a gross area of 300 square metres or less, ii. fora2 storey building, has a gross area of 150 square metres or less on each floor, oF sit, for a3 storey building, has a gross area of 100 square metres or less on each floor; 0 b, a building for residential occupancy that i, isa single family dwelling, or ji, isa multiple family dwelling, containing 4 dwelling units or less; 1 building, 3 storeys of less in height, for residential occupancy as hotel, motel or similar use, i. for a single storey building, has a gross area of 400 square metres or fess, ji, fora 2 storey building, has a gross area of 200 square metres or less on each floor, or fii. fora3 storey building, has a gross area of 130 square metres or less on each floor; 1d. abuilding, 3 storeys or less in height, for warehouse, business and personal services oceupancy, for mercantile oceupancy or for industrial eccupancy that i. fora single storey building has a gross area of 500 square metres or less, fi, fora 2 storey building has a gross area of 250 square metres of les on each floor, iii, fora 3 storey building has a gross area of 165 square mettes or lesson each floor; ©. a farm building not for public use; £arelocatable industrial camp building Exclusive Use of Name Engineer 31) No individual, comporation, or partnership, except a professional engineer, licensee or permit holder entitled to practice engineering, shall use the ttle “professional engineer,” the abbreviation “[Link].” or any other abbreviation of that tte. 4 A joint firm may hold itself out as “engineers and architects” or “architects or engineers” only if is has both professional engineers and registered architects as partners or shareholders. Cannot if they are ‘employees only and not partners or shareholders. Injunction 9. The Court (Court of Queens Bench), upon application of the Council (the governing body of APEGGA), can prevent any person from doing any act or thing that contravenes this Act (The Engineering, Geological ‘and Geophysical Professions Act). Part2_ Association Powers of Association 11. The Association has the power to a. acquire and hold real property and sell, lease or otherwise dispose of it, and '. borrow money for the purposes ofthe Association and mortgage or charge real or personal property of the Association or its sources of funds as security. Council 121) There is a governing body of the Association called the Council Registrar 13 ‘The Council shall appoint a Registrar forthe purposes of this Act. Minister ‘The Minister responsible for this act isthe Minister of Public Works, Supply and Services. Each year the Minister will receive the annual report of the Association, and lay it before the Legislative Assembly, Council Members 14(1) The Council shall include: a. the president, b. vice-presidents, ¢, the immediate part president d._ and at least 12 other professional members (2) The Council shall consist of ‘at least 16 professional members among whom there shal be not less than i, 2professional engineers, ii, 2 professional geologists, and fii, 1 professional geophysicist, and ', when the total number of elected professional members does not exceed 20, three members of the publie, who shal be appointed by the Minister, fora 3-year term of office. @.1) For each additional 10 elected professional members thatthe membership of the Council exceeds 20, ‘an additional member of the public shall be appointed by the Minister, for a 3-year term of office. (6) The powers, duties and operations ofthe Couneil ate not affected by: 1. the fact that no member of the public is appointed as a member ofthe Council, the revocation ofthe appointment of a member of the publie, or the resignation from the Council of a member of the public. Practice Review Board 15(1) The Practice Review Board consisting of not less than 5 members as follows: contain not less than 4 professional members, one of whom must be a member of the Couneil, who have a combination of knowledge and experience to determine the academic qualifications and experience necessary for a person to continue to engage in the practice ofthe profession of engineering, geology or geophysics, '. the Minister shall appoint 1 member of the public nominated by Council (2) Ifthe Council does not nominate a member ofthe public within reasonable time, the Minister may appoint a member of the public without Council's nomination. (6) The powers of the Board are not affected if there is no member of the public at meetings or on the Board. Powers ofthe Practice Review Board 16(1) The Practice Review Board will review the practice of professional members. eal to Appeal Board 17 A professional member who isa subject of a hearing by the Practice Review Board may appeal any d mn or order of the Board to the Appeal Board. Appeal Board 17.1) The Appeal Board shall consist of 1, the professional members appointed by the Council, and '. one member of the public appointed by the Minister, for a 3-year tem of office. Part3_ Regulations and By-Laws Regulations 18(1) The Council may make regulations regarding ‘a. the academic qualifications of and experience requirements for MITS; '. the powers, daties and finetions of the Practice Review Board, ©. the se of stamps, seals and permit numbers, ee 18(1.2) A regulation does not come into force unless itis approved by ‘4. a majority of the professional members i. present and voting ata general meeting, or fi, voting ina mail vote, , the Lieutenant Governor in Council By-laws 19(3) A byclaw does not come into force unless it is approved by a majority ofthe professional members ‘a, present and voting ata general meeting, or voting by a mail vote (4) ‘The Regulations Act does not apply to by-laws ofthe Association, Past 4 Rewistrati ‘Registers and Membership Revords 20(1) The Registrar shall maintain a register for each of the following: professional engineers; professional geologists; professional geophysicists; licensoes to engage in the practice of i professional enginecring, fi, professional geology, ot fii, professional geophysies; permit holders to engage inthe practice of i, professional engineering, professional geology, or Bose professional geophysics; £ joint firms Restricted practitioners Roxistration asa Professional Member 21. Registration to be a professional engineer or licensee is approved by the Board of Examiners Registration of Permit Holders 23. Petmits to practice, Joint Firms and Restricted Practitioners are approved by Council. A partnership, or ‘corporation incorporated or registered under the Companies Act requires a Permit to Practice engineering. Cancellation on Request -28(4) A person whose registration is cancelled for more than 7, and seeking reinstatement must be referred to the Board of Examiners. Board of Examiners 29(1) The Couneil shall establish the Board of Examiners. (1.1) The Minister shall appoint as members ofthe Board of Examiners 3 persons from a list of members ‘of the public nominated by the Council Rules for a member of the public are the same as those for a member ofthe Practice Review Boar. Approval by the Board of Examiners 30(1) The Board of Examiners shall approve the registration asa professional member if he proves to the Satisfaction ofthe Board that he i, ‘of good character and reputation, 1b, resident of Alberta, ©. a Canadian citizen o lawfully admitted to Canada for permanent residence, and meets the requirements ofthe regulations. (2) If an applicant for registration asa licensee is not a Canadian citizen or lawfully admitted to Canada for permanent residence (a resident outside of Alberta) but otherwise complies, the Board shall approve the registration. Consider applications for registration of applicants, Review of the Appeal Board 31(4) Can appeal a decision of the Board of Examiners by writing to the Appeal Board requesting the ‘Council to review your reasons why you feel you should be admitted, within 30 days after receiving a notice of refusal (5) On receiving a notice of appeal, the Registrar shall set a date, time and place for the hearing of the appeal, and inform you, in writing, ofthe date, time and place of the review. (© You may appear with counsel (D A member of the Board of Examiners who is also on Council may be atthe review but cannot vote in the final decision ofthe Council Joint Firms 32(1b) An “architects firm” means a partnership or corporation confines its pratice to provide architectural consulting services in which registered architects, a, holda majority interest, and ’b, control the partnership or corporation 32(Le) An “engineers firm’ means a partnership or corporation confines its practice to provide engineering consulting services in which professional engineers a, hold a majority interest, and control the partnership or corporation, 32(1d) A “proposed engineers and architets firm” means a partnership or corporation confines its practice to provide engineering and architectural consulting services in which registered architects and professional engineers a, hold a majority interest, and . control the partnership or corporation "The application to create such a firm must be approved by the Joint Board, 32(8) An applicant shal ‘a, ifits prime activity is engineering consulting services, apply to the Council, and [Link] prime activity is architectural consulting services, apply to the council of the Architects Association. Approval by Joint Board 33(2) The Joint Board will approve ift ‘the applicant has at least | professional engineer who shall take responsibilty for the engineering ‘work and at least I registered architect, 'b. no presence of ownership interest tht will give rise to conflicts with the professional responsibilities of the firm, Rest tioner 36(1) A certificate of authorization may be issued to a registered architect who: ‘a. has historically competently provided a service of professional engineering in Alberta, and 'b. applied for the certificate before October 1, 1982. Exemption From Stamp or Seal Requirement 37 On recommendation of the Joint Board, the Council may authorize a registered architect a permit to issue final design drawings and specifications of the building without the stamp or seal of professional engineer. Cancellation 38(1) The Council may direct the Registrar to cancel the registration of ‘4. professional member, licensee or permit holder who has not paid fees, or ._apermit holder who no longer has employees in compliance with this Act after 30 days of notice fo the person. (6) 1a person applies to the Council to be reinstated more than 7 years after the date which the registration was cancelled, the application for reinstatement must be referred tothe Board of, Examiners, Pat ‘Complaints 42(0) Complaint are given to the Registrar. (1.2) All complaints must be in writing. (2) A complaint respecting the conduct ofa professional member whose registration was cancelled, if a complaint is received regarding the member within 2 years following the date of cancellation of registration, the case is deal with as ifthe cancellation had not occurred (once cancellation is over 2 years, the cancellation will be taken into account in dealing with the complaint). (3) Ifa complaint is received regarding a member, the Registrar may designate a mediator between the two conilicting parties. A mediator may assist in settling a complaint ifthe complainant and the person about whose conduct the complaint was made agrees. If resolution of the conflict doesn't occur within 30 days or a specified longer petiod, or the mediator feels it s unlikely to occur, then the complaint shall be referred by the Registrar to the Investigative Committee. (4) Ifa complaint is setled with the assistance ofa mediator, any agreement must be reviewed by the Investigative Committee. Complaint > Investigative Committee > Discipline Committee Appeal Committee > Appeal Court Panel Recommendation Case Manager Determination of Unprofessional Conduct and Unskilled Practice 43(0) Any conduct ofa professional member or member-in-training that: ‘is detrimental to the best interests of the public, . contravenes the code of ethics, ‘c. harms or tends to harm the standing of the profession, or displays a lack of knowledge of or a lack of skill or judgment. ‘Whether or not that conduct is disgraceful or dishonorable, is either unskilled practice of the profession or unprofessional conduct Discipline Committee 44(1) The Council shall establish a Discipline Committe. {@) A regulation does not come into force unles it has been approved by the Lieutenant Govemor in Council Investigation Panel 45 When a complaint is referred to the Investigative Commitee, the Investigative Committee shall appoint ‘mn investigation panel from among its members fo conduct a preliminary investigation (ie. review matters). ‘A preliminary investigation is conducted with respect to the matter, Notice of Preliminary Investigation 46. The Registrar will notify in writing tothe investigated person that a preliminary investigation is being conducted, Report to Investigative Committee 48 On concluding the preliminary investigation, the investigation panel shall report its findings to the Investigative Committee. ‘Termination of Investigation 49(1) The Investigative Committee may terminate an investigation at any time if is ofthe opinion that 4. the complaint is frivolous or vexatious, or '. there is insufficient evidence of unskilled practice or unprofessional conduct, (2) On terminating an investigation, the Registrar will notify the person being investigated of this. Power of Investigative Committee to Recommend an Order 49.1(1) IF an investigation is not terminate, the Investigative Committee may hold a hearing into the complaint. If however, the case is bought into Court (Provincial or Federal), the Diseipline ‘Committee may adjourn the hearing until the court case is over, pending its outcome. The Discipline Committee can suspend the registration of any professional member, even during the preliminary investigation stage. (@) An order recommended by the Investigative Committee must be provided to a member of the Discipline Committee who has been designated by that Committee to act asa case manager. ‘Suspension Pending Investigation and Hearing 52(I) The Investigative Commitice may suspend the registration ofa professional member pending preliminary investigation or a decision ofthe Discipline Commitee, Rightto Counsel and to Appearance 453 The Investigative Commitee and the investigated person may appear and be represented by counsel (a Tnwyer) ata heating before the Discipline Commitee Public Hearings ‘54 Allhearings before the Discipline Committe and the Appeal Board are open othe public unless ordered otherwise Evidence 55(1) The Committee isnot bound by the rules of lw respecting evidence applicable to judicial proceedings Failure t0 Give Bvidence 58(I) Proceedings for civil contempt of court may be brought against a witness. {@) The Discipline Committee may proceed with the investigation inthe absence of either or both the investigated person and the complainant. Order to Pay Costs ora Fine 61(1) The Discipline Committee may make the investigated person pay ‘8, all or part of the costs ofthe hearing, a fine not exceeding $10,000 to the Association, or ©. both the costs and a fine. Appeal to Appeal Board {64(2) ‘The member may appeal the decision of the Discipline Committee to the Council within 30 days after receiving it. Appeal to the Court of Appeal {68(1) Once the Couneil makes its decision, the member can still appeal higher, to the Provincial Court of Appel Order for Stay Pending Appeal 69 Can apply fo the Court of Appeal for an order staying (suspended licence pending) all or any part ofthe ‘order or decision of the Appeal Board appealed (10 days). Fraudulent Registration 72(1) Any one registered by false or fraudulent representation, either oral or written, the Council shall ‘order that his registration be cancelled and cannot be reinstated unless said so by committoe/Board Appeal Court. Has I year to do so. art 6 General Xs yn Municipal Li 16.1 No municipality has the power to require a professional member or member-in-traning to obtain a ‘municipality licence to engage inthe practice of engineering. Protection from Liability 79(1) No defamation action an be brought against any person conducting a preliminary investigation, a member of the Discipline Commitee, the Practice Review Board, the Investigative Committe, the Appeal Board, the Council or the Board ‘of Examiners the Registrar, the Association or any person acting on the instructions of any of them, or any member, officer or employee of the Association for anything done by him in good faith and in purporting to act under this Act, the regulations or the by-laws. Part 6.1 Registered Professional Technologists (Engineering) ‘Board of Examiners 79.9(1) The Minister shall appoint as members ofthe Board of Examiners at least 2 registered professional ‘echnofogists (engineering). Investigative Committee 79.93(1), The Council shall appoint as members ofthe Investigative Committee at least 2 registered ‘professional technologists (engineering). Fees cannot be greater than those of professional members. Part7 Prohibitions and Penalties Penalties 81(1) Can't work with or employ someone without a valid certificate (cancelled or suspended). Ifyou do, ‘a. for the 1" offence, to a fine of not more than $2,000, b. For the 2% offence, to a fine of not more than $4,000, and For the 3" and each subsequent offence, to a fine of not more than $6,000 or to imprisonment for = term of not mare than 6 months or to both. (2) A prosecution under this section may be commenced within 2 years after the commission ofthe alleged offence, but not afterwards. Regulations Part Membership in the Association Division 1 General “Application 2(1) An application for registration must be submited to the Registrar (2) The Registrar shall forward an application tothe Board of Examiners (3 member quorum) if the aplication meets requirements and the aplicent meets eligibility requirements, Division 2_Students Eligibility 6 A person who applies to the Registrar for registration is entitled to be enrolled as a student if he has: ‘a. Atleast 2 years of post-secondary education together with i. One year of experience in engineering work and where the post-secondary education consists of an engincering tech program, of 3 years of such work experience, where the post-secondary edhicatfon consists of education ‘other than such a program, jvision 4 Members-in-Training, ‘Time Limits 11(1) No person may remain in the record of members-in-traning for more than 6 years. {@) The Council may in particular cases extend the period to not more than 8 years Division $_ Professional Members Eligibility 13 If someone does not have a university degree, but elects to pass examinations preseribed by the Board ‘of Examiners, a total of 8 years of experience must be obtained, plus 1 year experience following the writing of the exams. Division 7 Board of Examiners ‘Board of Examiners — Constitution 15(2) The Board of Examiners consists of ‘a. ancxecutive committee 1b. other members, who must be professional members, and who are appointed by the Council, and ‘c. any other persons appointed by the Minster under the Act. (2) ‘The Board of Examiners shall mect at least twice each year to consider policy matter, significant changes in procedure, examination results and other matters. Usually meets once per month to rule on applications. 3) The executive committee shall meet as is necessary to rule on applications for registration (once a ‘month?). (4) ‘The Council shall designate a person as chair of the Board of Examiners and that person shall also serve as chai of the executive committee as well. (5) The executive committee of the Board of Examiners consists of ‘2. the deans of engineering at universities in Alberta(U of A, U of C), 'b. one senior professor (who must be professional engincers ot geologists) from each of the engineering, geology, and geophysics departments or disciplines at universities in Alberta, other professional members equal tothe number of members of (a) and (b), who are not directly associated with any of the universities and are not representative ofthe disciplines of engineering, geology and geophysics, d, the Registrar or the Registrar's designate, ‘one member of the public appointed by the Minister, 2 registered professional technologists (engineering) or engineering technologists appointed by the Minister. (8) The tem of appointment for the chair and members of the Board of Examiners who are appointed by the Council is 3 years, and they may be reappointed. (10) 4 quorum fora meeting of the Board of Examiners is 3 of the members of the Board. (11) A quorum fora meeting of the executive commitee of the Board of Examiners is 3 of the members of the executive committe. art 2. Continuing Professional Development Pros ‘Education Program Established 16(1) The Council established the Continuing Professional Development Program as the compulsory continuing education program for professional members and licensees. (2) ‘The Practice Review Board shall administer the Continuing Professional Development Program. Exemption 18(1) A professional member or licensee can file in writing for exemption stating that that person is not actively engaged in the practice ofa profession. ed (2) An exemption under this section is only effective for one year from the date the declaration is re by the Association but may be renewed for additional yearly periods. ‘Written Records 19 A professional member or licensee must ‘2. maintain a written record of activities undertaken in accordance with the Continuing Professional Development Program, and ', produce the record on the request of the Practice Review Board Part3 Practice Review Boatd ‘Constitution 21(1) ‘The Couneil shall appoint not fewer than 2 professional engineers, one professional geologist and one professional eophysiist as members of the Practice Review Board. (2) The Council shal designate one ofthe professional members as the chaman (3) The Registrar or the Registrar’ designate shall serve as Secretary tothe Practice Review Board (4) The chair and professional members must be appointed fora 3-year term, and may be reappointed. (5) A quorum ofthe Practice Review board is 4 of its members. (D) In appointing professional members to the Practice Review Board, the Council shall not appoint professional member unless the professional member has at least 10 years of experience in the practice of the profession 22(1) The Practice Review Board shall meet atleast twice each year. Investigation by Practice Review Board 23(2) ‘The Board shall appoint ane person to conduct an initial review and report to the Board wat the substance of the conclusions on which the Board based its decision to begin the investigation. @) Ifthe Board decides further investigation is not warranted, the Bosrd will discontinue the review and report its decision to the Counei, along with any recommendations. (4) lf the Board decides an investigation of a specific practice is necessary, it shall ‘8, proceed in the same manner as a discipline investigation, or 5. lodge a complaint with the Investigative Committee if itis of the opinion that further investigation ‘may lead to a finding of unskilled practice ofthe profession or unprofessional conduct Part 4 nntand [Link] 25(1) ‘The President and 2 Viee-presidents must be elected annually by the professional members ofthe Association. The Vice-presidents are designated as First Vice-president and Second Vice-president on the basis ofthe numberof votes cast for each of them. (4) The President may vote at meeting of the Council or the Association only in the event ofa tied vote. Election of Council 26(2) 1/3 of the members are elected annually for terms of 3 years. Quorum 28 A quorum for meetings of the Council is ‘Atleast one of the President, the Vice-presidents or the immediate Past President, and b. 6 other professional members of the Coun Exeoutiv sitter 29(1) The Executive Committee ofthe Couneil consists ofthe President, who is the chair, the immediate Past President, the 2 Vice-presidents, and the Executive Director of the Association (5 members) (2) The Executive Committee has the power of Council with tespect to any decisions or actions necessary between Coumell meetings. Other Boards, Committees and Task Forces 30(1) In addition to the Discipline Committee, Investigative Committee, Board of Examiners, Practice Review Board, Appeal Board and Executive Committe, the Council may appoint any other standing br special committees, task forces or boards that it considers necessary. Part 6 Discipline Investigative Committee 32(1) The Investigative Committe shall consist of professional members and registered professional ‘ecknologists (engineering) o engineering technologists appointed by the Council and a public member, (2) The Council shall designate oe professional member as the chairman. ‘Temof Office 34(1) ‘The term of office of each member ofthe Investigative Committee is 3 years, and members may be reappointed Quorum 35 A quorum of the Investigative Committee consists of the chair or the acting chair and the number of professional members and registered professional technologists (engineering) or engineering technologists determined by the Council fi Discipline Committee 36(1) A Discipline Committee consists of professional members (not less than 62) appointed by the Council and one public member. (2) The Council shall designate one professional member as the chair ofthe Discipline Committee. ‘Term of Office 38(1) The term of office of each member of the Discipline Committee is 3 years, and members may be reappointed (ice?) Quon 36. A quorum ofthe Disciptine Commitee consists of the chairman or the ating cheirman and the number of professional members determined by the Council Appeal Board “The Appeal Board hears appeals from decisions of the Practice Review Boar, the Discipline Committe, aad the Board of Examines. 40(1) The Council shall appoint professional members, ineluding one Past President ofthe Assocation (uho shall be chairman’), 2 professional members who served on the Discipline Commit, | professional member who served atleast 2 terms on the Board of Examiners, 2 professional members ‘with no experience on either but at least 10 years experience, as members of the Appeal Board (6 members) (2). The Council shall designate one professional member as the chair of the Appeal Board, ‘Term of Office 41(1) The term of office of each member ofthe Appeal Board is 3 yeats, and members may be reappointed, Quorum 42 A quorum of the Appeal Board consists of the chairman or the acting chairman and the number of professional members (1 member public) determined by the Council. Reinstatem: sciplined Individual 47(1) A professional member whose registration has been cancelled as a result of the disciplinary proceedings may apply to the Council to be reinstated. (2) May not be reinstated at least one year after the dete on which the registration was cancelled. Panel of the Discipline Committee 45(1) A panel of the Discipline Committee must consist of at least 3 members of the Discipline Committee who are professional members, (1) The case manager must not sit as part of the panel of the Discipline Committee. Reinstatement of Disciplined Individuals 47(2) A professional member whose registation has boen cancelled may not reapply until at least one year after the date on which the registration was cancelled. (5) If reinstatement is not approved by the Council, the epplicant must wait until atleast one year after the date the Council ruled on the previous application. art 7 Registration of Permit Holders ‘Requirements of Permit Holders 48(2) A permit expires one year afler the date on which itis issued. (8) When the Council issues a permit, it shall provide the permit holder with a permit number. Name of Firm 52. No partnership or corporation can be incorporated or registered under a name including the words “Engineering,” “Geology,” or “Geophysics,” unless it holds a valid permit. Part 8 Goneral Use of Stamps and Seals Issued to Members 54(1) A stamp or seal issued to a professional member or licensee must at all times remain under that person’s direct control. (9) When a stamp or seal is applied, the professional member fo whom it was issued shall ensure thatthe stamp or seal is accompanied with that person's signature and the date on which the stamp or seal is, applied Service of Notices 61(1) IF notice is required to be given, the natice is sufficiently given if itis served personally or sent by mail atthe latest address provided by the person (2) If notice is served by mail the service is presumed to be effected 8, 7 days from the date of mailing ifthe docurnent is mailed to an address in Alberta, or b. 14 days ftom the date of mailing ifthe document is mailed to an address outside Alberta. Enforcement Review Committee 62(1) ‘The Enforcement Review Committe shall consist of no fewer than 9 professional members appointed by the Council, one of whom must be a member ofthe Council. 2) The Council shall designate one member of the Committee asthe chai. 3) A member of the Committee may be appointed for a term of not more than 3 years, and may be reappointed. (4) A quorum of the Committe isthe chair and 3 ofits members. Part 9 Technologists Joint Registration Board {65(1) There is hereby established a Joint Registration Board consisting of S members appointed by the ‘Council and 5 members appointed by the Society { Engineering Technologists (5 engiS techs; term: I year). ‘Note: Registered Engineering Technologists (RET) are issued a technologists stamp for drawings. {Q) Shall select a chair from among themselves, who shall serve as chairman for not more than one year. (@) In selecting a chair the members ofthe Board shall allemate between Council appointees and Society appointees. (5) A quorum consists ofthe chair or the vice-chair, 2 appointees ofthe Council and 2 appointees of the Society. (©) ‘The Board shall meet at least once every 6 months. Registering of Engineering Technologists 666(1) An individual may apply tothe Joint Registration Board to be registered asa registered engineering technologist. {@) In order to be registered as a RET, the applicant must be ‘registered with the Society asa certified engineering technologist, by. has at least 4 years of experience inthe practice of engineering technology. Joint Appeal Board 668(1) A Joint Appeal Board consists of the following members ‘. 2members appointed by Council (engineers); 'b. members appointed by the Society (technologists); ‘one member, who shall be chairman, wha is not a member ofthe Association or ofthe Society and ‘who is appointed jointly by the Council and the Society. (2) The Members ofthe Board shall select from among themselves a vice-chairman, and the vice-chair may exercise the powers of the chairman in the absence of the chairman, G) A quorum of the Board consists of the chairman or the vice-chairman, one member ofthe Board ‘appointed by the Council and one member of the Board appointed by the Society. Patt 10 Registered Professional Technologists Eligibility 7 A person who meets the following requirements and applies to the Registrar for registration is entitled to be registered as a registered professional technologist (engineering): ‘a. the applicant is of good character and reputation; the applicant is a registered engineering technologist and has been nominated for registration as a registered professional technologist (engineering); the applicant has obtained atleast 6 years of experience in work of an engineering nature that is acceptable to the Board of Examiners, at least 2 of which are in the applicants specific area of professional practice and were completed under the supervision and control of a professional member. Code of Ethics Schedule Code of Et Preamble Professional engineers, geologists and geophysicists will build their reputations on the basis of the merit of the services performed or offered and shall not compete unfairly with others or compete primarily on the basis of fees without due consideration for other factors. Rules of Conduct '5 Professional engineers shall not engage in activities or accept remuneration for services tendered that may ereate a conflict of interest with their clients or employers, without the knowledge and consent of | their elients or employers 6 Professional engineers shall not disclose confidential information without the consent of their clients or ‘employers, unless the withholding ofthe information is considered to be contrary to the safety of the public 8 Professional engineers, eologists, and geophysicsts shall not offer ot accept covert payment for the purpose of securing an engineering, geological or geophysical assignment, Bylaws Part 2_Blection of Counci ‘Nominating Committee 2 ‘The nominating committee will nominate candidates atthe annual meeting for the council of the following year. The nominating committee will consist of a minimum of 11 members of APEGGA, | ‘who will be the retiting president, who shall be the chairman, Council shall fill any vacancies which ‘may oceue in this nominating committe. 3(1) Not less than 150 days prior to the annual meeting the nominating committee shall submit tothe Executive Director list of nominees for Council, which shall include at least 1 nominee for president, 3 nominees for vice-president, and atleast 3 more norainees for councilors than there are vacancies to be filled on Council, (2) Council nominees for president or vice-president shall have served at least | year on the Council Nominees Selection 4@2) Not less than 120 days prior tothe annual meeting the Executive Director shall distribute to each ‘professional member, either directly by mal or via the Association publication known as the PEGG, a list af the nominations made by the nominating committee. Additional Nominations '5 Additional nominations for any office or any offices may be made in writing by any 10 professional ‘members (.e. any 10 members can nominate a member). Such nominations shall reach the Executive Director properly endorsed not later than 90 days prior to the annual meeting and shall be accompanied by the written consent ofthe nominee or nominees to act if elected. Conduct of Elections 6(1) Elections shall be conducted by letter ballot Q) The names ofall persons nominated for office shall be placed on the balfot form in groups relating to ‘each office, The number, professional classification and term of councitors to be elected shall be made clear on the ballot form. Ballot forms shall be mailed tothe professional members by the Executive Director not later than 50 days prior to the annusl meeting. (8) The poll shall close at noon on the 20" day prior to the annual meeting and no ballots received after that time shall be considered Ballot Counting Committee 71) At least 20 days before the annual meeting the president shall appoint 6 professional members ‘including a chairman fo act asa ballot counting committee. (2) This committee shall meet ata time and place designated by the president, but at least 15 days prior t0 the annual meeting, and shall receive then the package containing the ballots from the Executive Director. Results of Election 19(3) In case ofa tc, the president or, in the absence of the president, the chairman of the nominating ‘committee shall cast the deciding vote. Objection and Recount 10(1) Any objection to the pol as announced will be valid only if made immediately after the ‘announcement and a proper motion for a recount will then be in order. If such a motion is made and. carried the chairman shall appoint a ballot counting committee of not less than 12 professional ‘members who shall forthwith recount all ballots. Candidates may be present or represented at such recount Part’3. Mectings ofthe Council ‘Council Meetings 12(1) Council shall meet atthe call ofthe president or writen request tothe Executive Director signed by not less than 4 councilors 12(5) IFany member of the Council misses 3 consecutive meetings of Council without the approval of Couneil, Council may declare his seat to be vacant. Meetings of the Association ‘Annual Meetings 16(1) An annual meeting ofthe Association shall be held in every calendar year with the period between such meetings not o exceed 18 months. (2) Notice of the annual meeting shall be distributed, either directly by mail or via the PEGG, tall ‘members atleast 90 days in advance of the mecting. (@) Atthe annuel meeting of the Association a quorum shall consist of 60 professional member. Metin 18(1) Special meeting may be held when considered necessary by the Council or upon written request 0 the Executive Director signed by not less than 30 professional members. A special meeting shall be hheld not more than 45 days aftr the request is received by the Executive Director. 2) Written notice calling a special meeting shall be distributed to all members, directly either by mail or via the PEGG, a least 14 days in advance of the meeting and shall clearly state the object ofthe ‘meeting, and no other business shal be transacted at the meeting, {@) Atany special meetings a quorum shall consist of 60 professional members. District Meetings 19(2) Notice of a district meeting shall be distributed to all members resident in district, either ditectly by ‘mail or via the PEGG, a least 14 days in advance of the meeting. {@) Coumcl shall approve the holding ofa district meeting on a request tothe Executive Director signed by not less than 30 professional members of the Association (4) A quorum ata district meeting shall be 10 professional members. Part 6 Executive Director, Acting Registrar Responsibilities 21) The Executive Ditector shall be responsible for all propery owned by APEGGA, an all enployees ‘working for APEGGA. Part 8 Life and Honorary Members Life Member 25(1) Council may confer life membership upon any professional member who ‘a, has been a professional member for 25 or more yeas; has retired from the practice ofthe profession. (3) Life members retain all of the obligations, duties and privileges of professional membership and pay annual fees as may be specified by Council lonorary Life 26(1) Couneil may confer Honorary Life Membership upon members who have given outstanding service tothe Association, There shall at no time be more than 30 honorary members. (2) Honorary Life Members retain all ofthe obligations, duties and privileges of professional membership but are exempted from paying annual fees, ‘Honorary Member 27(3) Honorary members can’t vote. Part 12. Seals, Stamps and Certificates Su seals and Stamps '35 Professional members shal surrender any seals, stamps and certificates that have been issued to them: ‘a, temporary withdrawal of the member from practice ofthe profession for a period estimated to exceed 1 year; ', resignation of the member from the Association; ‘e. the suspension or cancellation of the professional membership. Part 14 General ‘Voting by Mail 37(1) The Council may direct that a mail vote be conducted on any matter related to the Association. 2) Announcement of a mail vote giving full details ofthe matter to be voted upon must be made to all professional members atleast 21 days in advance of the vote being taken and if objections to a mail vote are received by the Registrar in writing at least 3 days before the announced date of the vote from at least 30 professional members the matter shall be held over to a meeting ofthe Association 3) A vote by mail shall be declared valid if atleast 10 percent ofthe professional members respond and the matter shall be declared carried or defeated on the basis ofa simple majority of the votes retried. ‘Amendments to By-laws 38(2) Proposed amendments are to be voted on at a meeting ofthe Association, full details of the proposed. ‘amendments shall be disclosed to all professional members at least 14 days in advance ofthe meeting,
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