Professionalism + Ethics
30%of exam
Professional Practice
27-30%of exam
Law: Contracts + Tort
20-22%of exam
Regulation + Liability
20%of exam
Quick Facts
- Exam
- NPPE
- Credential
- P.Eng licensure
- Questions
- 110 MCQ
- Time
- 2.5 hours
- Pass
- Scaled 65
- Format
- Closed-book
- Method
- Modified Angoff
- Areas
- Six content areas
Ethical Decision Steps
Identify, Disclose, Escalate, Report
Identify issueDisclose conflictEscalate internallyReport regulator
Ethics vs Law
Ethics
- Moral duty
- Code of ethics
- Discipline by regulator
Law
- Legal obligation
- Statutes, courts
- Civil or criminal
Should vs must
Ethical Conflict: Act?
- Public at risk→Protect public(Paramount duty)
- Conflict of interest→Disclose it(Inform affected parties)
- Pressured unethically→Refuse(Cite code)
- Unsafe ignored→Escalate internally(Document concerns)
- Still unresolved→Report regulator(External duty)
- Beyond competence→Decline work(Refer to expert)
Professionalism
- Profession
- Specialized knowledge + duty
- Self-regulation
- Profession governs itself
- Public interest
- Society protected first
- Right to practise
- Reserved licensed activity
- Right to title
- Reserved P.Eng name
- Scope of practice
- Permitted competent work
- Competence
- Practice within ability
Duty Hierarchy
Public, Client, Employer, Self
Public: paramountClient: faithfulEmployer: loyalSelf: last
Code of Ethics
- Paramount duty
- Public safety first
- Honesty
- Truthful statements only
- Fidelity
- Faithful agent to client
- Competence
- Only qualified work
- Fairness
- Treat others equitably
- Dignity
- Uphold profession reputation
- Report unsafe
- Disclose dangers, conditions
Ethical Theories
- Utilitarianism
- Greatest good, most people
- Deontology
- Duty and rules
- Virtue ethics
- Good character traits
- Rights-based
- Respect individual rights
- Consequentialism
- Judge by outcomes
- Egoism
- Self-interest driven
Conflict + Whistleblowing
- Conflict of interest
- Competing duties clash
- Disclose
- Inform affected parties
- Recuse
- Withdraw from decision
- Gifts
- Avoid undue influence
- Whistleblowing
- Report serious wrongdoing
- Internal first
- Escalate within firm
- Then regulator
- External if unsafe
Standard of Care
- Standard of care
- Reasonable competent practitioner
- Due diligence
- Reasonable verification effort
- Not perfection
- Reasonable, not flawless
- Peer standard
- What peers do
- Reasonable skill
- Ordinary professional ability
- Foreseeability
- Anticipate likely harm
Seal + Supervision
- Seal
- Take professional responsibility
- Sign + date
- Seal needs both
- Direct supervision
- Review before sealing
- Own work only
- Seal your responsibility
- No rubber-stamp
- Never seal unchecked
- Final documents
- Seal completed deliverables
Documentation + QC
- Document control
- Track versions, revisions
- Records retention
- Keep project documents
- Quality control
- Inspect against standard
- Quality assurance
- Process prevents defects
- Checking
- Independent design review
- Field review
- Site conformance check
- Sustainability
- Long-term societal impact
Risk + Insurance
- Risk management
- Identify, assess, control
- Professional liability
- Errors and omissions
- E + O insurance
- Covers negligent advice
- General liability
- Property + bodily injury
- Indemnity
- Compensate for loss
- Limitation of liability
- Contract caps damages
Negligence Elements
Duty, Breach, Causation, Damages
Duty: owedBreach: below standardCausation: caused harmDamages: real loss
Negligence vs Breach
Negligence
- Tort
- Duty of care
- No contract needed
Breach
- Contract
- Broken promise
- Parties only
Civil wrong vs broken deal
Negligence Established?
- No duty owed→No negligence(First element fails)
- Duty exists→Check breach(Owed to plaintiff)
- Met standard→No negligence(Reasonable care given)
- Below standard→Check causation(Breach occurred)
- No causal link→No negligence(Did not cause harm)
- Caused harm→Check damages(But-for test)
- No actual loss→No negligence(Damages required)
- Real damages→Negligence found(All four met)
Contract Elements
- Offer
- Proposal of terms
- Acceptance
- Agree to offer
- Consideration
- Exchange of value
- Capacity
- Legal ability to contract
- Intention
- Intend legal relations
- Legality
- Lawful purpose required
- Privity
- Only parties bound
Contract Elements
Offer, Accept, Consideration, Capacity, Intent
OfferAcceptanceConsiderationCapacityIntentionLegality
Employee vs Contractor
Employee
- Controlled work
- Integrated
- Employer liable
Contractor
- Own business
- Own tools, risk
- Own liability
Control vs independence
Which IP Protection?
- New invention→Patent(20-year monopoly)
- Original writing→Copyright(Expression, not idea)
- Drawings, code→Copyright(Original works)
- Brand, logo→Trademark(Source identifier)
- Visual shape→Industrial design(Appearance only)
- Keep confidential→Trade secret(No registration)
Breach + Remedies
- Breach
- Failure to perform
- Damages
- Money compensation
- Specific performance
- Court orders performance
- Mitigation
- Reduce your losses
- Liquidated damages
- Pre-agreed breach amount
- Frustration
- Impossible to perform
- Quantum meruit
- Reasonable value owed
Patent vs Copyright
Patent
- Inventions
- Must register
- 20-year term
Copyright
- Expression
- Automatic
- Life plus 70
Idea applied vs expressed
Tort + Negligence
- Tort
- Civil wrong, not contract
- Negligence
- Careless causing harm
- Duty of care
- Owed to plaintiff
- Breach
- Below standard of care
- Causation
- Breach caused damage
- Damages
- Actual loss suffered
- Vicarious liability
- Employer liable, employee acts
Employment + Business
- Employee
- Controlled, integrated worker
- Independent contractor
- Own business, own risk
- Wrongful dismissal
- No reasonable notice
- Just cause
- Dismiss without notice
- Sole proprietorship
- Unlimited personal liability
- Partnership
- Shared liability, profits
- Corporation
- Separate limited liability
Intellectual Property
- Patent
- Protects new invention
- Copyright
- Protects original expression
- Trademark
- Protects brand identity
- Trade secret
- Confidential business information
- Industrial design
- Protects visual shape
- Patent term
- 20 years filing
- Copyright term
- Life plus 70
Ethics vs Conduct Code
Code of Ethics
- Moral principles
- Duties to public
- Aspirational + binding
Code of Conduct
- Specific rules
- Practice standards
- Enforced behaviour
Principles vs rules
Acts + Scope
- Engineering Act
- Provincial governing statute
- Regulations
- Detailed legal rules
- Bylaws
- Regulator internal rules
- Regulator
- Licenses, sets standards
- Technical society
- Advances, advocates field
- Illegal practice
- Unlicensed reserved work
- Misuse of title
- Unauthorized P.Eng use
Misconduct vs Incompetence
Misconduct
- Wrongful act
- Dishonest, unethical
- Knew better
Incompetence
- Lacks skill
- Below standard
- Insufficient knowledge
Bad act vs lacking ability
Discipline Process
- Complaint
- Allegation against member
- Investigation
- Gather facts, evidence
- Discipline hearing
- Formal tribunal review
- Unprofessional conduct
- Breach of standards
- Incompetence
- Lack of skill, knowledge
- Sanctions
- Reprimand to revocation
- Practice review
- Audit member, firm
Liability + Limits
- Limitation period
- Deadline to sue
- Discoverability
- Clock starts at knowledge
- Concurrent liability
- Sue contract and tort
- Joint and several
- Each pays full damages
- Continuing duty
- Education obligation persists
- CPD
- Continuing professional development
Common Traps
Ethics vs law
Ethics is moral ≠ Law is enforceable
Seal scope
Seal own work ≠ Never seal unchecked
Negligence vs breach
Tort needs no contract ≠ Breach needs contract
Patent vs copyright
Patent: inventions ≠ Copyright: expression
Misconduct vs incompetence
Misconduct is wrongful ≠ Incompetence lacks skill
Regulator vs society
Regulator licenses ≠ Society advocates
Disclose conflict
Disclose, do not hide ≠ Recuse if needed
Last Minute
- 1.110 MCQ in 2.5 hours
- 2.Scaled pass score is 65
- 3.Closed-book; no guessing penalty
- 4.Standard set by modified Angoff
- 5.Duty to public is paramount
- 6.Negligence: duty, breach, causation, damages
- 7.Contract: offer, acceptance, consideration
- 8.Patent: inventions; copyright: expression
- 9.Seal own work; never rubber-stamp
- 10.Must report unsafe work, conditions
- 11.Disclose conflicts of interest promptly
- 12.Limitation period: clock at discoverability
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