Question about Ethics and how a P. Eng license engineer should act if he saw a problem or issue that might affect the public safety. Below is the Steps as per PE ACT R.R.O 1990 Reg. 941 by Sequence.

1. 77.1.v: It is the duty of a practitioner to the public, to the practitioner’s employer, to the practitioner’s clients, to other members of the practitioner’s profession, and to the practitioner to act at all times with [R], competence in the performance of any professional engineering services that are undertaken.

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2. 72.(2)(h): For the purposes of the Act and this Regulation, “professional misconduct” means: undertaking work the practitioner is not competent to perform by virtue of the practitioner’s training and experience.

3. 72.(2)(f): For the purposes of the Act and this Regulation, “professional misconduct” means [R]: failure of a practitioner to present clearly to the practitioner’s employer the consequences to be expected from a deviation proposed in work, if the professional engineering judgment of the practitioner is overruled by non-technical authority in cases where the practitioner is responsible for the technical adequacy of professional engineering work.

4. 77.1.i: It is the duty of a practitioner to the public, to the practitioner’s employer, to the practitioner’s clients, to other members of the practitioner’s profession, and to the practitioner to act at all times with [R], fairness and loyalty to the practitioner’s associates, employers, clients, subordinates and employees.

5. 77.2.ii: A practitioner shall [R], endeavor at all times to enhance the public regard for the practitioner’s profession by extending the public knowledge thereof and discouraging untrue, unfair or exaggerated statements with respect to professional engineering.

6. 77.3.: A practitioner shall act in professional engineering matters for each employer as a faithful agent or trustee and shall regard as confidential information obtained by the practitioner as to the business affairs, technical methods or processes of an employer and avoid or disclose a conflict of interest that might influence the practitioner’s actions or judgment.

7. 77.2.i: A practitioner shall [R], regard the practitioner’s duty to public welfare as paramount.

8. PE ACT 2.(3) RSO: The principal object of the Association is to regulate the practice of professional engineering and to govern its members, holders of certificates of authorization, holders of temporary licenses, holders of provisional licenses and holders of limited licenses in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected. R.S.O. 1990, c. P.28, s. 2 (3); 2001, c. 9, Sched. B, s. 11 (2).

9. 72.(2)(c): For the purposes of the Act and this Regulation, “professional misconduct” means [R]: failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public.

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10. 72.(2)(d): For the purposes of the Act and this Regulation, “professional misconduct” means [R]: failure to make responsible provision for complying with applicable statutes, regulations, standards, codes, by-laws and rules in connection with work being undertaken by or under the responsibility of the practitioner.

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11. 72.(2)(b): For the purposes of the Act and this Regulation, “professional misconduct” means [R]: failure to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for which the practitioner is responsible.

12. 77.1.iii: It is the duty of a practitioner to the public, to the practitioner’s employer, to the practitioner’s clients, to other members of the practitioner’s profession, and to the practitioner to act at all times with [R], devotion to high ideals of personal honor and professional integrity.

(b) Discuss the actions of the project manager: • Project manager actions – contract delivery and availability of budget is a secondary priority

under public welfare, 77.2.i.• An excuse of 'budget' by a P. Eng. Project manager, fails to maintain reasonable standards, 72.

(2)(a), and therefore is professional misconduct, 72.(2)(j). • Other TranTech P. Eng. Superiors could be charged as well. • Although Kappa would not want to injure the reputation of another P.Eng, 77.7.iii., Kappa must

expose this conduct to the proper tribunals, 77.8., even if Kappa loses employment

Below are the Acts as per the numbers: 1. 77.2.i: A practitioner shall, regard the practitioner’s duty to public welfare as

paramount,2. 72.(2)(a): For the purposes of the Act and this Regulation, “professional misconduct”

means [R]: negligence,3. 72.(2)(j): For the purposes of the Act and this Regulation, “professional misconduct”

means [R]: conduct or an act relevant to the practice of professional engineering that, having regard to all the circumstances, would reasonably be regarded by the engineering profession as disgraceful, dishonorable or unprofessional,

4. 77.7.iii: A practitioner shall not maliciously injure the reputation or business of another practitioner,

5. 77.8: A practitioner shall maintain the honor and integrity of the practitioner’s profession and without fear or favor expose before the proper tribunals unprofessional, dishonest or unethical conduct by any other practitioner. R.R.O. 1990, Reg. 941, s. 77; O. Reg. 48/92, s. 1; O. Reg. 13/03, s. 21.

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LAW Definitions:

1. Common Law: Judge made law – precedent court decisions used to establish predictability.

2. Secret Commission: A bribe, kickback or advantage resulting from a secret agreement between two parties to deceive or show favor (or disfavor) to 3rd party.

3. Contra Proferentem: rule of where a contract provision is ambiguous, it will be construed or interpreted against the party who drafted the provision.

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LAW Definitions:

1. Common Law: Judge made law – precedent court decisions used to establish predictability.

2. Secret Commission: A bribe, kickback or advantage resulting from a secret agreement between two parties to deceive or show favor (or disfavor) to 3rd party.

3. Contra Proferentem: rule of where a contract provision is ambiguous, it will be construed or interpreted against the party who drafted the provision.

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