2017 NPPE Blueprint
2017 NPPE Blueprint
2017 NPPE Blueprint
Blueprint Outline
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IV.7 Intellectual Property (Patents, Trade Secrets, Copyright, Trademarks); Intellectual Property Issues
................................................................................................................................................................ 15
IV.8 Expert Witness ................................................................................................................................ 15
IV.9 Bonds and Construction Liens ........................................................................................................ 15
IV.10 International Law .......................................................................................................................... 15
IV.11 Environmental Law ...................................................................................................................... 16
IV.12 Workers Compensation and Occupational Health & Safety ......................................................... 16
IV.13 Human Rights and Privacy Legislation ........................................................................................ 16
IV.14 Further Areas of Law .................................................................................................................... 17
V. Professional Law (7 to 10 questions) .................................................................................. 18
V.1 The Acts, Regulations, and Bylaws of Provincial and Territorial Regulators ................................. 18
V.2 Admission to the Professions ........................................................................................................... 18
V.3 Illegal Practice, Enforcement Against Unlicensed Practice, and Misuse of Title ............................ 18
V.4 Professional and Technical Societies ............................................................................................... 18
VI. Regulation of Members & Discipline Processes (7 to 10 questions) ................................ 19
VI.1 Discipline Procedures ..................................................................................................................... 19
VI.2 Practice Review of Individuals ....................................................................................................... 19
VI.3 Practice Review of Firms................................................................................................................ 19
VI.4 Continuing Professional Development ........................................................................................... 19
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I. Professionalism (7 to 10 questions)
I.1 Definition and Interpretation of Professionalism and Professional Status
The defining elements of a professional (the context is that of the self-regulating
professions: engineers, geoscientists, doctors, lawyers, etc. versus other
occupations):
Have advanced technical knowledge and skills that the public takes on trust
Give service to the public and in the public interest
Are bound by a distinct ethical code
Belong to self-governing organizations that regulate the profession to maintain
standards
Right to self-regulate is earned
Requires participation of members to fulfill self-regulating function
Undergo long and intensive preparation
Requires continued study and development
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I.3 Engineering and Geoscience Professions in Canada; Definitions and Scopes of
Practice
This topic is considered at a high level. What is considered is who, what, when,
source of authority, reason for, etc. Detailed processes and requirements are
considered in other blueprint sections.
Provincial and territorial regulators
Authority to license and self-regulate the professions
Authority to discipline and enforce
Jurisdiction and independence between regulators
Right to title and exclusive scope of practice
Definition of engineering—“advising, evaluating, designing … matter,
materials …math, chemistry, physics…”
Definition of geosciences—“advising, evaluating, interpreting… earth
sciences… discovery development …math, chemistry, physics…”
Professional seals
Engineers Canada and Geoscientists Canada: regulator of regulators, non-
regulatory roles
Brief histories
The iron and earth rings
I.4 The Value of Engineering and Geoscience Professions to Society
Economic benefits of work and projects
Technology applications
Technology research and development
Infrastructure development
Energy research, development, production, and generation
Products research and development
Manufacturing and processing
Resource research and development
Limits and sustainability
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II. Ethics (17 to 21 questions)
II.1 The Role of Ethics in Society; Cultures and Customs
Ethics – the study of right and wrong (morality)
Moral principles are developed by societies and groups
Laws of a society flow from its moral principles
II.2 Ethical Theories and Principles
Recognition that there are different and contrasting ethical theories/perspectives
that can result in different outcomes each considered correct within the given
theory
Ethics applied to professional issues from the perspectives of the classical and
modern theories
The ethical perspectives/theories that form the basis in establishing the Code of
Ethics for the professions and that guide disciplinary actions
Ethical perspectives/theories – classical (exam candidates are not required to
know these theories by rote but rather should recognize the principles of the
different theories in application)
Greater good/maximum benefit – utilitarianism
Duty
Human rights
Virtue
II.3 Codes of Ethics of Professional Engineers and Geoscientists in Canada
Source and legal authority of the codes of ethics:
Derived from the acts
Status
Understanding of the core tenets:
Protect the health, safety and welfare of the public
Have regard for the public
Practice only in areas of competence
Conduct themselves with integrity, honesty, fairness and objectivity in their
professional activities
Compliance with applicable statutes, regulations and bylaws
Uphold and enhance the honour, dignity, and reputation of their professions
Avoid conflicts of interest
Maintain competence of self and of subordinates
Present the possible consequences of ignoring professional judgments
Report illegal or unethical professional decisions or practices
Promote the equitable treatment of all individuals
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Use of the codes of ethics in regulating the professions
Recognition that minor differences exist between regulators
II.4 Common Ethical Issues and Dilemmas; Making Ethical Decisions
Issues and cases concerning ethical dilemmas looked at through the lens of the
code of ethics and other approaches to seek solutions
Conflict of interest from the perspective of ethical dilemmas, solutions, and
decisions
Conflicts between technical authority and management authority
Duty to report/whistle blowing as an ethical dilemma
Loyalty to the employer
Limiting practice to areas of competence
Plagiarism and copyright infringement
Professional responsibility vs employment issues
Professional competence
Reviewing work of others
Confidentiality
Foreign assignments
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III. Profession Practice (27 to 32 questions)
III.1 Professional Accountability for Work, Workplace Issues, Job Responsibilities, and
Standards of Practice
Professional responsibility for work
How it comes into being
Where it rests
Responsibility for work of junior members and subordinates
Responsibility for work created by several members in multiple disciplines
The corporate world
Corporate ethics and pressures on the professional
Corporate responsibilities and loyalty vs professional responsibilities
Confidentiality vs professional responsibilities, transparency or accountability
Confidentiality or ownership of data and knowledge
Due diligence
Globalization
Responsibilities of international work (when laws differ, what governs?)
Responsibilities of using products and knowledge developed internationally
Legality
Practise within the boundaries and intents of the law
Meet the spirit of the law
Professional responsibilities in developing software
Relying on work prepared by others
III.2 The Role and Responsibilities of Professionals to Employers and Clients
Duty to the employer/client
Loyalty, confidentiality, competence, diligence
Conflict of interest – recognition of
avoidance of
expected conduct when in a conflict of interest
Personal interest vs employer’s/client’s interest
Duty to the employer/client vs duty to the public
Professional environment and development
Recognition of the code of ethics by the employer as necessary to support
professionals in their work and career
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III.3 Relations with Other Professionals and Non-Professionals; Business Practices
Roles of technicians, technologists, scientists in multidisciplinary teams
Respect and consultation with other professions
Reviewing the work of another professional
Need to consult with experts outside of own field of practice
III.4 Statutory and Non-Statutory Standards and Codes of Practice
Professional, legal, social
Generally accepted professional practices
Finality and interpretation
Limitation of standards
The role of standards (international, national, government)
Legal authority responsible for codes (municipal, provincial, national)
Application of codes and standards
Standards and code setting bodies
III.5 Risk Management, Insurance, Quality Management and Due Diligence
Risk Management
General principles and benefits (basic requirement of public protection)
Legal framework (general)
Overview of current methods of analysis
- Risk assessment
- Hazard identification
- Types of hazards
- Types of risks
- Analysis and estimation
- Evaluating the risks
Risk management for professional practice
Transfer, retention and monitoring of risk
Hazard reduction and failure analysis
Case studies
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Insurance
Commercial general insurance (purpose)
Professional errors and omissions insurance
- Purpose – what is covered
- Statute of limitations – retroactive date
- Compulsory vs optional (where so)
- Corporate vs individual
- Consultant vs employee
Quality Management
General principles (basic requirement of public protection)
Legal Framework (general)
- Overview of quality management standards
- Overview of current methods of analysis (ISO, 6Sigma, CSA, LEAN,
TQM)
- Application to professional practice
- Management of technical quality
- Communication and records
Due Diligence
Concept and requirements
Concepts of foreseeability, preventability, controllability
III.6 Environmental Responsibilities and Sustainable Development
As considered from a non-politicized perspective
Understanding environmental and sustainability issues in the field of expertise
Use of environmental or sustainability specialists when necessary
Application of professional and responsible judgment to environmental and
sustainability considerations
Ensuring that environmental planning and management are implemented
Consideration of environmental costs when evaluating the economic viability
of projects
Recognition of the value of environmental efficiency and sustainability
Responding to environmental concerns in a timely fashion
The desire to meet or exceed regulatory environmental and sustainability
practices
Examples and case studies
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III.7 Use of Software, Computers and Internet-based Tools; Liability for Software Errors
Validation of (analysis and design) software
Responsibility for the outputs of software
The role of computers in professional practice
Respect of copyright law: software piracy and plagiarism
Computer system security from the perspective of licensed professionals
Internet ethics (harassment, courtesy, “netiquette”)
III.8 Document Authentication and Control
Authentication of documents
Use of stamp or seal, verification stamps
Electronic authentication of documents
Review of documents
Document revision control
As-built drawings - responsible for
Record keeping and turning over records when required
Preservation of records in a usable format (8” floppies, faded paper, etc.)
Responsibility for control of personal stamp or seal
III.9 Duty to Inform; Whistleblowing
To clients or employers, regulatory agencies, the public
Communicate openly, honestly and truthfully (the WHOLE story)
Whistleblower protection
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III.10 Communication
Legal, Ethical, and Practical Aspects of Communication
and problems of internet based communications
Issues concerning electronic documents and records
Proper use of the professional title
The Professional Relationship
Communication Skills (meta aspects)
Important aspects of technical writing and reports
Important aspects of presentations
Oral communication
Technical writing
Internet communication
Languages
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IV. Law for Professional Practice (23 to 28 questions)
IV.1 The Canadian Legal System
The Canadian Constitution
The Canadian court system
The creation of law
Common law – what it is and where it applies
Case law and the role of precedent
Civil Code in Quebec - as compared to Common Law
Claims and disputes
International law
Some additional items
Types of law: private vs public, criminal law, civil law, administrative law
Constitutional framework
Charter of Rights and Freedoms
IV.2 Contract Law – Elements, Principles, and Applications
Essential elements of contracts
General principles of contact information – invitation to treat, offer, acceptance
Consideration
Agreements to agree, letters of intent, memorandum of understanding
Amendment of contracts
Waiver and estoppel
Quantum meruit
Breach of contract
Remedies of breach of contract; damages
Termination of contract
Repudiation and anticipatory breach
Principles of interpretation of contracts
Agency and authority
Using contractual terms to manage risk
Changed circumstances
Conditional agreements
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Limitation of liability clause
Exemption clause
Liquidated damages clause
Transfer of risk or obligation
Indemnification clauses
Misrepresentations and important mistakes
Selected contract topics and issues
Procurement approaches and methods
The formal tendering and bid process
Qualifications based selection (QBS) in hiring consultants
Project delivery
International and interprovincial trade agreements
Requirements of writing for certain contracts to be enforceable (statue of
frauds)
Specific types of contracts
Common and standard clauses
Standard form contracts
Fixed price; time and charges, unit rate, etc.
Professional service agreements
Licensing agreements
Design and build
IV.3 Tort Law – Elements, Principles, and Applications
Definition of torts
Categories and types of torts
Negligence
Trespass
Nuisance (Rylands v. Fletcher)
Defamation
Negligence
Steps to negligence action
Professional standard of care
Duty to warn (of impending danger)
Professional liability – negligent misstatement
to clients
to third parties
disclaimers
Products liability
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Managing tort risk in professional practice
Common issues in contract and tort
Concurrent liability in contract and tort
Limitation periods
Joint and several liability
Vicarious liability
Codes and standards
IV.4 Civil Law in Quebec
Contracts (conditions of formation of contracts, interpretation of contracts,
effects of contracts)
Civil liability (conditions of liability, contractual liability, extra-contractual
liability, modalities of obligations: solitary, joint, divisible and indivisible)
Performance of obligations (right to enforce performance, default, specific
performance, resolution or termination (reciliation) of contracts, extinction of
obligations)
Contract of enterprise or for services (nature and scope of the contract, rights
and obligations of the parties)
IV.5 Business, Employment, and Labour Law
Business organizations: forms, advantages and disadvantages
Labor Law
Trade unions and collective agreements
Layoffs and seniority
Employment Law
Implied terms
Restrictive covenants
Employment standards legislation
Termination
Independent contractor vs. employee
Human rights in the context of employment
The Charter of Rights and Freedoms
IV.6 Dispute Resolution
Litigation
Arbitration
Negotiation
Mediation
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IV.7 Intellectual Property (Patents, Trade Secrets, Copyright, Trademarks); Intellectual
Property Issues
Patents
Trade Secrets
Copyright
as related to professional designs and documents
in relation to Software
Trademarks
Intellectual Property Issues
Software issues
The creation and ownership of intellectual property
- Assignment and licensing
- Consultant versus employee
IV.8 Expert Witness
Role
Neutrality
Fees
IV.9 Bonds and Construction Liens
Bonds
Roles and responsibilities of parties
Indemnities
Types
- Bid
- Performance
- Payment
Construction Liens
Making a claim
Who may claim
Holdbacks
IV.10 International Law
Trade agreements
Human rights
Environmental
Laws of jurisdiction
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Applicability of home code of ethics, Engineering & Geoscience Act, regulations
and bylaws
International treaties and organizations (tax, goods)
Registration requirements (licensure), codes, laws, regulations
Work permits
IV.11 Environmental Law
Federal and provincial laws
Jurisdiction
Environmental offences
Duty to report
Site assessments and audits
The environmental assessment process
IV.12 Workers Compensation and Occupational Health & Safety
Of concern is that which is common for all engineering and geoscience regulators in
Canada
Occupational health and safety law
Federal and Provincial Law
- Criminal code provisions
Responsibilities
Role of the prime contractor
When an accident occurs
OH&S Regulators
Worker’s compensation law
Torts
Worker insurance for injuries
Prevention of worker lawsuits against employers
IV.13 Human Rights and Privacy Legislation
Human rights
The Charter of Rights and Freedoms
Privacy law
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IV.14 Further Areas of Law
Real property and chattels
Delay and impact claims
Aboriginal Law
Securities Law
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V. Professional Law (7 to 10 questions)
V.1 The Acts, Regulations, and Bylaws of Provincial and Territorial Regulators
Self-regulation; the regulators
The acts, regulations, and other laws
Right to title
Definitions of engineering and geosciences
Scope of practice
The role of Engineers Canada and Geoscientists Canada
V.2 Admission to the Professions
Meaning of licensure
Registration
Experience
Academics
Examinations
Interprovincial mobility agreements; international agreements
Licensing of Corporations
Permit to Practice, Certification of Authorization, for consultants and firms
V.3 Illegal Practice, Enforcement Against Unlicensed Practice, and Misuse of Title
Practice related
Title related
V.4 Professional and Technical Societies
Purpose and benefits
Comparison with the regulatory regulators
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VI. Regulation of Members & Discipline Processes (7 to 10 questions)
VI.1 Discipline Procedures
Unprofessional conduct
Unskilled practice
Purpose, procedure consequences
Response to complaints (from clients, public, fellow members, etc.)
Response to unethical or unskilled practice
Consequences of unethical practice or unskilled practice
VI.2 Practice Review of Individuals
Purpose, procedure consequences
VI.3 Practice Review of Firms
Purpose, procedure consequences
VI.4 Continuing Professional Development
The common high level requirements across all engineering and geoscience
regulators in Canada
Purpose
Requirements
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