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
Mtis 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,
Mtis 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

Hey be careful out

there!