{ APSC 450 Review

P. Dawn Mills. PhD Law

Fariborz Taghipour PhD Chemical Engineering

Course Objectives

To sensitize you to professional, ethical & legal context

To provide understanding of key issues & challenges

To broaden your background and perspective of EG

To provide practice in writing and communicating

To help create more rounded, sensitive engineers

The profession of engineering is regulated

APEG-BC regulations

Engineers and Geoscientist Act [RSBC 1996], c.

116. …..(Define the association's mandate)

APEG Bylaws govern the association

Code of Ethics governs the behaviour of Engineers and Geoscientists

Professionalism

Open Book

One Take Home Question

Each Question is worth 10 Points , total 50 points

Location: Student Recreation Centre, Room A

Date and Time: April 12 at 7pm

Duration: 2.5 hours

The Exam Question Sheet and Answer Booklet must be handed in, or a zero will be awarded

Name, Student Number and Group Number on both the question sheet and answer booklet

Final Exam Information

Association Sets standards of practice (through standard review…)

Investigate & discipline (re. members…)

Enforce (re. non-members…)

Registration of qualified individuals (more..)

Other: Encourages Professional Development

Professionalism

APEG-BC EIT & GIT

Education

4 Years Satisfactory Experience under Professional Supervision

One Year Canadian Experience

Law and Ethics Seminar

Professional Practice Examination

Good Character

Professionalism

Constitutional Law: Principles in which we govern ourselves Common Law & Equity: Judge made Law Property Law Criminal Law Tort Law Contract Law Statute Law: Law made by Parliament and the Provincial Legislatures Can co-exist with the Common Law Can override the Common Law Can codify the Common Law Administrative Law

INTRODUCTION TO LEGAL ENTITIES AND THE LEGAL SYSTEM

Sole Proprietorship

Partnership:

General, Limited and Limited Liability

Corporation:

Public and Private

Business Forms

Primary Objective: Compensation

Secondary Objective: Deterrence

TORT LAW

Basis of Liability:

Intention

Strict Liability

Negligence

TORT LAW

Intentional Torts:

Battery

Assault

False Imprisonment

Defamation

TORT LAW

Unintentional Torts:

Strict Liability

Negligence – ABC Rule:

Duty of Care

Breach of that Duty of Care

Damage as a Result of the Breach

TORT LAW

Defence:

“But for” test

TORT LAW

Options for Dispute Resolution:

Capitulate

Negotiate

Mediate

Arbitrate

Litigate

DISPUTE RESOLUTION

Litigate:

Administrative Tribunal s

Trial Court: Small Claims under $25,000 and Superior Court over $25,000

Court of Appeal

Supreme Court of Canada

DISPUTE RESOLUTION

Elements of a Valid Contract:

Intention to create a legal relationship

Offer

Acceptance

Consideration

Capacity

Legality

CONTRACT LAW

Professionals are liable both in Torts and Contracts, even if there is no written contract

Third Party/Product Liability: Proximity Foreseeability Employees are exempt from liability,

however, you may be let go if your actions breach your employment contract.

Third Party? Where?

Contracts

Employees: Contact of Services

Contractors: Contact for Services

Statues

Employment Law

Wrongful Dismissal: Is when an employer dismisses

an employee without sufficient reasonable notice

Dismissal with Cause: Theft, Dishonesty, Conflict of Interest, Willful Disobedience, Insubordination, Incompetence, Absenteeism or Lateness, Intoxication & Sexual Harassment

Constructive Dismissal: Unilateral change to the fundamental term of employment contract, employee must resign and then sue for wrongful dismissal

Employment Law

Employment Standards Act: Sets Minimum terms and conditions of employment Deals with: Hours of work, overtime, leaves, vacations, statutory holidays & severance Applies to everyone except Professional Engineers & Union Members Exemptions from portions of the Act are

Managers, High Technology Professionals & Other Employees of High Technology Companies

Employment Law

Labour Relations Code:

Governs the relationship between Employer and Unions Oversees: How to Unionize, right to Unionize, collective

bargaining, obligations, right to strike, lockout & picket, How to decertify

Human Rights Code:

Protects Employees against Discrimination Protected Grounds: age/sex/sexual orientation, race/religion,

colour/ethnic origin, marital/family status, disability, conviction

Employment Law

Workers Compensation Act:

Work related injuries and illness

Safety Requirements

Employment Law

Patents: Unique object or process Canada 20 year protection, and must be filed within

one year of disclosure Other jurisdictions filing requirement vary First Apply Rule and must be inventor

Industrial Design: Protects outwardly, visible features of shape or

ornamentation 5 years, renewable for another 5 years US for 14 years, no renewable

Intellectual Property Law

Copyright: Original artwork or writing No need to register, Last for the life of the artist or writer, plus 50 years

Trademarks: Symbol used to distinguish wares or services Optional registration Every 15 years or the life of the company

Trade Secrets: Business or Technical information kept secret for competitive

advantage Law provides remedies only if someone unfairly

misappropriates your Trade Secret

Intellectual Property Law

Aboriginal and Treaty rights are guaranteed by the

Constitution Act, 1982 and includes the right to hunt, fish, trap & gather for food, ceremony & social purposes.

First Nation Peoples include: First Nations, Inuit and Métis peoples.

Section 91(24) of the Constitution Act gives legislative authority to the Federal government; however Provinces and Territories must consult, accommodate and compensate the First Nation, Métis or Inuit community when taking up the land for legitimate legislative initiatives.

Aboriginal Law

Federal Legislation:

Canadian Environmental Assessment Act, SC 1992, c.37

Exclusion List Regulations, SOR/2007-108

Law List Regulations, SOR/94-636

Inclusion List Regulations, SOR/94-637

Canadian Environmental Protection Act, SC 1999, c.33

Fisheries Act, RSC 1985, c. F-14

–Metal Mining Effluent Regulation, SOR/2002-222

Environmental Law

Provincial Legislation:

Forestry Codes

Fisheries

Wildlife Protection Legislation

Mining Legislation

Water Legislation

Clean Air Legislation

Parks Legislation

Main Legislation:

Environmental Management Act, [SBC 2003] c. 53.

Environmental Assessment Act, [SBC 2002] c. 43.

Environmental Law

International Environmental Law:

Examples: United Nations Declarations, Treaties, Accords,

Agreements

Environmental Law

Sustainable Development:

Brundtland Report, 1987 or Our Common Future

“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs."

Environmental Law

Rio Declaration, 1992

27 Principles including the Precautionary Principle:

Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

Environmental Law

Approaches to Ethics and the Environment

Bio-centric Ethics: views all life, not just humans, as having intrinsic value; i.e. there is a reverence for life and all individual living creatures are important.

Eco-centric Ethics: considers ecological communities, not individual organisms, trying to preserve the ecological integrity of whole regions.

Industrial Ecology: studies and tracks chemical, physical and biological flows and interactions within industrial systems in an effort to promote more harmonious and sustainable systems. Life cycle analysis is an important tool.

Environmental Law

Ethics is concerned with:

Right and wrong behaviour (defending and recommending concepts of right and wrong conduct)

Ethics deals with moral choices made by people in dealing with other people, related to right and wrong, good and evil, justice, rights and obligations.

Ethics

Four Practical Philosophical Theories:

Aristotle: Actions are right if they support good character traits (Virtues).

Locke: Each person has Rights which need to be respected.

Mill: Utilitarianism: Rules that will tend to produce the greatest benefit for the greatest number

Kant: Selection of moral actions must be based on rules (never lie) Ethics

A Conflict of Interest occurs when one has an interest that interferes with the duty

Actual: You currently have a conflict.

Apparent: You may be perceived to be in conflict by others, even if you are not.

Potential: If something (which is possible and may be beyond your control) happens, you would be in conflict.

Conflicts of Interest

If you see a Conflict coming:

1. Try to avoid it. (e.g. Refuse gifts)

2. Disclose to all concerned. (e.g. Boss.)

3. Recuse yourself. (Ask someone else to make the decision.)

Conflicts of Interest

Engineers have a responsibility to adhere to and report illegal and unethical behaviour.

APEG-BC Code of Ethics #9: “Report to their association or other appropriate agency any hazardous, illegal, or unethical professional decisions or practices by members, licences or others.”

Whistle Blowing

Ask advise

Understand the problem

Keep Records of who you speak with, starting with your immediate supervisors, or theirs

Follow through

Whistle Blowing

Reasons for Working Abroad (Experience, job availability, someone has to go!)

Possible Issues Working Abroad (Cross cultural issues, unhappy spouses,…)

Take the same level of care ….Corruption of Foreign Public Officials Act (Bhopal!)

Working Outside Canada

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Hey be careful out there!