Skip to the content of the web site.

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.

Disclaimer

All information on this website is provided without any warranty to its correctness. The material on these pages reflects Douglas Wilhelm Harder's best judgment in light of the information available to him at the time of its preparation. Any use which a third party makes of these pages, on any reliance on or decision to be made based on it, are the responsibility of such third parties. Douglas W. Harder accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on these pages.

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.


72(2)(e) signing or sealing a final drawing, specification, plan, report or other document not actually prepared or checked by the practitioner

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.

77.7.v The practitioner must give proper credit for engineering work.


72(2)(f) 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

77.1.i It is the duty of a practitioner to the practitioner's employer and clients to act at all times with fairness and loyalty to the practitioner's employers and clients.


72(2)(g) breach of the Act or regulations, other than an action that is solely a breach of the code of ethics

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.


72(2)(h) undertaking work the practitioner is not competent to perform by virtue of the practitioner's training and experience

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


72(2)(i) failure to make prompt, voluntary and complete disclosure of an interest, direct or indirect, that might in any way be, or be construed as, prejudicial to the professional judgment of the practitioner in rendering service to the public, to an employer or to a client

77.1.i It is the duty of a practitioner to act at all times with fairness and loyalty to the practitioner's associates, employers, clients, subordinates and employees.

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.

77.3 A practitioner must disclose immediately to the practitioner's client any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of the practitioner in rendering service to the client.

77.4 A practitioner who is an employee-engineer and is contracting in the practitioner's own name to perform professional engineering work for other than the practitioner's employer, must provide the practitioner's client with a written statement of the nature of the practitioner's status as an employee and the attendant limitations on the practitioner's services to the client, must satisfy the practitioner that the work will not conflict with the practitioner's duty to the practitioner's employer, and must inform the practitioner's employer of the work.

77.5 A practitioner who is an employee-engineer and is contracting in the practitioner's own name to perform professional engineering work for other than the practitioner's employer, must provide the practitioner's client with a written statement of the nature of the practitioner's status as an employee and the attendant limitations on the practitioner's services to the client, must satisfy the practitioner that the work will not conflict with the practitioner's duty to the practitioner's employer, and must inform the practitioner's employer of the work.

77.7.iv A practitioner shall not attempt to gain an advantage over other practitioners by paying or accepting a commission in securing professional engineering work.


72(2)(j) 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, dishonourable or unprofessional

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.


72(2)(k) failure by a practitioner to abide by the terms, conditions or limitations of the practitioner's licence, provisional licence, limited licence, temporary licence or certificate

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.


72(2)(l) failure to supply documents or information requested by an investigator acting under section 33 of the Act

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.

77.7.i A practitioner shall act towards other practitioners with courtesy and good faith.

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)(m) permitting, counselling or assisting a person who is not a practitioner to engage in the practice of professional engineering except as provided for in the Act or the regulations

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.


72(2)(n) harassment

77.1.i It is the duty of a practitioner to act at all times with fairness and loyalty to the practitioner's associates, employers, clients, subordinates and employees.

77.1.iii It is the duty of a practitioner to act at all times with devotion to high ideals of personal honour and professional integrity.

77.6 A practitioner must co-operate in working with other professionals engaged on a project.

77.7.i A practitioner shall act towards other practitioners with courtesy and good faith.

77.7.ii A practitioner shall not accept an engagement to review the work of another practitioner for the same employer except with the knowledge of the other practitioner or except where the connection of the other practitioner with the work has been terminated.

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


Other Clauses in the Code of Ethics

77.2.ii A practitioner shall endeavour 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.

Failure to adhere to this clause is unlikely to cause misconduct.

77.2.iv A practitioner shall endeavor to keep the practitioner's licence, temporary licence, limited licence or certificate of authorization, as the case may be, permanently displayed in the practitioner's place of business.

Failure to adhere to this clause will not cause misconduct.