Ethics and Misconduct

Updated for 2010 Changes to the Professional Engineers Act

^{These web pages have been updated to include both
enacted and pending changes due to the Open for Business Act, 2010. Note
that some changes will not be in force until proclaimed by the Lieutenant
Governor; for example, the putting into force the end of the industrial
exemption has been delayed numerous times.}

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The material on these pages reflects Douglas Wilhelm Harder's best judgment in
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There is a strong relation between the Code of Ethics of the Association and the definitions of misconduct. Figure 1 gives a very näive overview of this relationship, but it is a basis for discussion.

Figure 1. The relation between ethical behaviour, misconduct, and the Professional Engineers Act.

A practitioner is legally allowed to engage in unethical behaviour, but ethical behaviour prevents the practitioner from misconduct. Acting according to the Code of Ethics does not guarantee that the practitioner will not engage in professional misconduct, but it will provide a buffer.

In this topic, we will look at the relationships between the Code of Ethics (the lines over which a practitioner should not step) and professional misconduct (the lines over which a practitioner must not step) by looking at each definition of misconduct and listing those clauses in the Code of Ethics which may apply in that situation. At the end of the section, we will look at those clauses in the Code of Ethics which do not tie to a definition of misconduction.

72(2)(a) negligence

77.1.iv It is the duty of a practitioner to act at all times with knowledge of developments in the area of professional engineering relevant to any services that are undertaken.

77.1.v It is the duty of a practitioner to act at all times with competence in the perforamnce of any professional engineering services that are undertaken.

72(2)(b) 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

77.1.ii It is the duty of a practitioner to the practitioner's employers and clients to act at all times with fidelity to public needs.

72(2)(c) failure to act to correct or report a situation that the practitioner believes may endanger the safety or the welfare of the public

77.1.ii It is the duty of a practitioner to the public to act at all times with fidelity to public needs.

77.2.i A practitioner shall regard the practitioner's duty to public welfare to be paramount.

77.8 A practitioner shall maintain the honour and integrity of the practitioner's profession and without fear or favour expose before the proper tribunals unprofessional, dishonest or unethical conduct by any other practitioner.

72(2)(d) 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

77.1.iv It is the duty of a practitioner to act at all times with knowledge of developments in the area of professional engineering relevant to any services that are undertaken.