PP_SLIDES_LECTURE_07_2009-02_Mode_de_compatibilite_

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Unformatted text preview: 19/10/2009 ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY FACULTY OF ENGINEERING AND COMPUTER SCIENCE CHAPTER 7 CODE OF ETHICS : DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC 1 2. 3. 4. 5. 6. RESPECTING OBLIGATIONS PROTECTING LIFE, HEALTH, SAFETY, PROPERTY AND THE ENVIRONMENT WHISTLE BLOWING BEING KNOWLEDGEABLE AND HONEST ADVERTISING AND PROMOTION EQUITY FACULTY OF ENGINEERING AND COMPUTER SCIENCE 2 TOPIC 1 TODAY’S SIX TOPICS : 1. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 RESPECTING OBLIGATIONS FACULTY OF ENGINEERING AND COMPUTER SCIENCE 4 1 19/10/2009 CODE OF ETHICS OF ENGINEERS PROFESSIONAL CODE DIVISION II - DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC Section 2.01 : In all aspects of his work, the engineer must respect his obligations towards man and take into account the consequences of the performance of his work on the environment and on the life, health and property of every person. FACULTY OF ENGINEERING AND COMPUTER SCIENCE • • 5 CHAPTER IV - PROFESSIONAL ORDERS, ORDERS DIVISION I - CONSTITUTION OF PROFESSIONAL ORDERS Section 23 : The principal function of each order shall be to ensure the protection of the public. For this purpose it must in particular supervise the practice of the profession by its members. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 6 The "obligations towards man" in section 2.01 are : Section 26 : The members of an order shall not be granted the exclusive right to practise a profession ... except in cases where the acts done by these persons are of such a nature and the freedom to act they have by reason of the nature of their ordinary working conditions are such that for the protection of the public they cannot be done by persons not having the training and qualifications required to be members of the order. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 7 legal obligations according to criminal, penal, administrative and civil laws obligations deriving from regulations enacted under various laws conventional obligations deriving from contracts and mandates obligations under "Rules of the Art" which do not bli ti d "R l f th A t" hi h d t have to be legally defined FACULTY OF ENGINEERING AND COMPUTER SCIENCE 8 2 19/10/2009 CODE OF ETHICS OF ENGINEERS Professional law is specific Reprehensible conduct does not have to be defined in b d fi d i an act or regulation t l ti It does not require to establish the facts and consequences The transgression may be demonstrated by the professional conduct alone even if alone, consequences did not materialize. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 9 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 10 CCPE GUIDELINES – CODE OF ETHICS TOPIC 2 Professional engineers shall conduct themselves in an honourable and ethical manner. Professional engineers shall uphold the values of truth, honesty and trustworthiness and safeguard human life and welfare and the environment environment. In keeping with these basic tenets, professional engineers shall: PROTECTING LIFE, HEALTH, SAFETY, PROPERTY AND THE ENVIRONMENT FACULTY OF ENGINEERING AND COMPUTER SCIENCE DIVISION III - DUTIES AND OBLIGATIONS TOWARDS CLIENTS Section 3.03.04 : An engineer may not cease to act for the account of a client unless he has just and reasonable grounds for so doing. The following shall, in particular, constitute just and reasonable grounds: ... (b) inducement by the client to illegal, unfair or fraudulent acts; 11 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 12 3 19/10/2009 1 - hold paramount the safety, health and welfare of the public and the protection of the environment and promote health and safety within the Workplace; FACULTY OF ENGINEERING AND COMPUTER SCIENCE 13 6 - present clearly to employers and clients the possible consequences if engineering decisions or judgements are overruled or disregarded; FACULTY OF ENGINEERING AND COMPUTER SCIENCE 14 CODE OF ETHICS OF ENGINEERS DIVISION II - DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC Section 2.01 : In all aspects of his work, the engineer must respect his obligations towards man and take into account the consequences of the performance of his work on the environment and on the life, health and property of every person. person. 8 - be aware of and ensure that clients and employers are made aware of societal and environmental consequences of actions or projects and endeavour to interpret engineering issues to the public in an objective and truthful manner. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 15 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 16 4 19/10/2009 CODE OF ETHICS OF ENGINEERS TOPIC 3 DIVISION III - DUTIES AND OBLIGATIONS TOWARDS CLIENTS Section 3.02.07 : Where an engineer is responsible for the technical quality of engineering work, and his opinion is ignored, the engineer must clearly indicate to his client, in writing, the consequences which may result therefrom. FACULTY OF ENGINEERING AND COMPUTER SCIENCE WHISTLE BLOWING 17 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 18 CCPE GUIDELINES – CODE OF ETHICS "Whistle blowing" is one of the main subjects of th H h h b id microchips bj t f the Hughes hybrid i hi case 19 ... professional engineers shall: FACULTY OF ENGINEERING AND COMPUTER SCIENCE 7 - report to their association or other appropriate agencies any illegal or unethical engineering decisions or practices by engineers or others; FACULTY OF ENGINEERING AND COMPUTER SCIENCE 20 5 19/10/2009 CODE OF ETHICS OF ENGINEERS TOPIC 4 DIVISION II - DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC Section 2.03 : Whenever an engineer considers that certain works are a danger to public safety, he must notify the Ordre safety, des ingénieurs du Québec (Order) or the persons responsible for such work. FACULTY OF ENGINEERING AND COMPUTER SCIENCE BEING KNOWLEDGEABLE AND HONEST 21 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 22 CCPE GUIDELINES – CODE OF ETHICS ... professional engineers shall: f i l i h ll 2 - offer services, advise on or undertake engineering assignments only in areas of their competence and practise in a careful and diligent manner; FACULTY OF ENGINEERING AND COMPUTER SCIENCE 23 4 - keep themselves informed in order to maintain their competence, strive to advance the body of knowledge within which they practise and provide opportunities for the professional development of their subordinates; FACULTY OF ENGINEERING AND COMPUTER SCIENCE 24 6 19/10/2009 CODE OF ETHICS OF ENGINEERS DIVISION II - DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC Section 2.04 : The engineer shall express his opinion on matters dealing with engineering only if such opinion is based on sufficient knowledge and honest convictions. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 25 Section 2.02 : The engineer must support every measure likely to improve the quality and availability of his professional services. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 26 TOPIC 5 Section 2.05 : The engineer must promote educational and information measures in the field in which he practises. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 27 ADVERTISING AND PROMOTION FACULTY OF ENGINEERING AND COMPUTER SCIENCE 28 7 19/10/2009 PROFESSIONAL CODE JUNE 21, 1990 The Supreme Court of Canada Rocket v. Royal college of dental surgeons of Ontario [1990] 2 S.C.R. 232 Arbitrary and restrictive rules struck down The provincial legislatures are urged to act to protect the public c. 76 of the laws of 1990 is enacted in Québec FACULTY OF ENGINEERING AND COMPUTER SCIENCE CHAPTER IV - PROFESSIONAL ORDERS, DIVISION I - COMMON PROVISIONS Section 60.1 : A service or product provided by a professional must conform with any statement he makes, or advertisement he places, concerning that places service or product; the professional is bound by such statements or advertisements. 29 Section 60.2 : No professional may, by whatever means, make f l h t k false, misleading i l di or incomplete representations, in particular as to his level of competence or the scope or effectiveness of his services or of those generally offered by members of his profession. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 31 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 30 Section 60.3 : No professional may, falsely, b h t f l l by whatever means, (a) ascribe particular advantages to a service or product; (b) claim that a pecuniary benefit will result from the use of acquisition of a service or product; ... FACULTY OF ENGINEERING AND COMPUTER SCIENCE 32 8 19/10/2009 CODE OF ETHICS OF ENGINEERS Section 60.3 : No professional may, falsely, b h t f l l by whatever means, ... (c) claim that a service or product complies with determined standards; or (d) ascribe certain performance characteristics to a service or product. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 33 DIVISION V - OBLIGATIONS RELATIVE TO PROFESSIONAL ADVERTISING AND PROMOTION AND OBLIGATIONS RELATIVE TO THE NAMES OF PARTNERSHIPS OF ENGINEERS FACULTY OF ENGINEERING AND COMPUTER SCIENCE 34 § 1. Advertising and promotion Section 5.01.01 : An engineer may not in any way and under any circumstances d d i t make false, misleading or incomplete advertising with respect to his professional activities and services. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 35 Section 5.01.02 : The information that an engineer provides i hi advertising or i id in his d ti i promotion must be of a nature to help the public make an informed choice. Such advertising or promotion must be done with integrity and favour professionalism. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 36 9 19/10/2009 Section 5.01.03 : In all advertising or representation he may make, an engineer t ti h k i must give his name and professional title. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 1º invade a person's privacy; 2º undermine a person's reputation; 3º compare the quality of his services with that of the services offered or rendered by other y engineers; 4º discredit, denigrate or disparage the services offered or rendered by other engineers. 37 Section 5.01.05 : In addition to the obligations mentioned in section 5 01 04 bli ti ti di ti 5.01.04, an engineer shall not attribute to himself experience, professional or academic qualifications or particular qualities unless he is able to justify them. FACULTY OF ENGINEERING AND COMPUTER SCIENCE Section 5.01.04 : An engineer shall not in his hi representation or advertising: t ti d ti i FACULTY OF ENGINEERING AND COMPUTER SCIENCE 39 38 Section 5.01.06 : An engineer shall ensure that th th t the persons working with him i any ki ith hi in capacity in the practice of his profession comply with the rules concerning advertising. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 40 10 19/10/2009 FACULTY OF ENGINEERING AND COMPUTER SCIENCE … 1 1º keep them in effect for the period mentioned in the advertising or, if no period is specified, for a period of ninety (90) days following the last publication or broadcast; 2º specify the nature and extent of the services included in such fees or prices; 3º indicate whether or not certain fees are included in such fees or prices; 4º indicate what additional services may be required which are not included in such fees or prices. Section 5.01.07 : An engineer who, in his advertising, mentions f d ti i ti fees or prices shall i h ll do so in a manner that can be understood by the public, which has no particular knowledge of the practice of engineering or the professional services covered by the advertising, and shall: ... 41 Section 5.01.08 : In the case of advertising offering a special price or a d ti i ff i i l i discount, an engineer shall specify how long such special price or discount is valid, as the case may be. This period may be less than ninety (90) days. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 43 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 42 Section 5.01.09 : An engineer shall keep a copy of all advertising f a period of th f ll d ti i for i d f three (3) years following the date of its last broadcast or publication. On request, this copy shall be given to the syndic. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 44 11 19/10/2009 § 2. Names of partnerships of engineers Section 5.02.01 : The name of a partnership or engineers i l d only th t hi i includes l the names of the engineers who are practising their profession together. It may not include the name of a deceased or retired associate engineer for more than one (1) year, unless he or his legal representatives had made an agreement in writing to the contrary. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 45 Section 5.02.03 : The name of a partnership of engineers may end with th t hi f i d ith the words "and associates" when the names of at least two associates are not included in the name. FACULTY OF ENGINEERING AND COMPUTER SCIENCE FACULTY OF ENGINEERING AND COMPUTER SCIENCE 47 Section 5.02.02 : When an associate engineer withdraws f i ithd from a partnership t t hi to practise alone, to join another partnership or another business or to hold a position that is incompatible with the practice of the profession, his name must be eliminated from the name within thirty (30) days of his withdrawal, ... 46 Section 5.02.04 : An engineer practising in a partnership i j i tl responsible with th t hi is jointly ibl ith the other professionals for following the rules concerning advertising, unless he can establish that the advertising was done without his knowledge or consent and in spite of the provisions made to ensure compliance with such rules. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 48 12 19/10/2009 The Professional Code also says … …and… 58. No person may use a specialist's title corresponding to a class of specialization defined in a regulation under paragraph e of section 94 or act in such a way as to lead to the belief that he is a specialist in that class of specialization unless he holds the appropriate specialist s certificate. specialist's certificate. A professional may not designate himself as a specialist unless he holds a specialist's certificate. certificate. 58.1. No professional may use the title of "Doctor" or an abbreviation of that title unless the title or abbreviation is placed 1) immediately before the professional's name, where the professional holds a doctoral diploma recognized as a valid diploma for the issue of the permit or specialist's certificate …, and unless the professional's name is followed by a title reserved for the members of the order; or ese ved o t e e be s o t e o de ; o 2) after the professional's name, and the title or abbreviation is followed by the name of the discipline in which the doctoral diploma is held. … FACULTY OF ENGINEERING AND COMPUTER SCIENCE FACULTY OF ENGINEERING AND COMPUTER SCIENCE Engineers cannot be called "specialists" : specialists" 49 Other laws ? TOPIC 6 Maybe : it depends... Civil Code of Québec Consumer Protection Act ... FACULTY OF ENGINEERING AND COMPUTER SCIENCE 50 EQUITY 51 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 52 13 19/10/2009 1960 Canadian Bill of Rights The Canadian Bill of Rights [1960, c. 44] is enacted b P li t d by Parliament t It is a very short Act (5 sections) Its general ambit will be "enshrined" in the enshrined" Constitution Act of 1982 PART I - BILL OF RIGHTS 1. 1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, origin, colour, colour, religion or sex, the following human rights sex, and fundamental freedoms, namely,(a) the right of freedoms, namely,(a the individual to life, liberty, security of the person and enjoyment of property, and the right not to be property, deprived thereof except by due process of law;(b) the law;(b right of the individual to equality before the law and the protection of the law;… law;… FACULTY OF ENGINEERING AND COMPUTER SCIENCE 53 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 54 1975 The Charter of human rights and freedoms (R S Q chapter C-12) is (R.S.Q., enacted by the National Assembly of Quebec It is more detailed that the Canadian Bill of rights It applies t all l li to ll levels of government l f t and administration in the province and to corporations and citizens FACULTY OF ENGINEERING AND COMPUTER SCIENCE 55 Section 10 : Every person has a right to full and equal recognition and exercise of his human q g rights and freedoms, without distinction, freedoms, exclusion or preference based on race, colour, colour, sex, pregnancy, sex, pregnancy, sexual orientation, civil status, status, age except as provided by law, religion, political law, convictions, language, ethnic or national origin, language, origin, social condition, a handicap or the use of any means to palliate a handicap handicap. Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 56 14 19/10/2009 1982 The Canadian Charter of rights and Freedoms i enacted for Canada by F d is t df C d b the British parliament as Part 1 of the Constitution Act It applies to the Parliament and government of Canada and to the legislature and government of each province – not to individuals FACULTY OF ENGINEERING AND COMPUTER SCIENCE 57 Section 15 : (1) Every individual is equal before and under th l b f d d the law and h th right d has the i ht to the equal protection and equal benefit of the law without discrimination and, in particular, particular, without discrimination based on race, national or ethnic origin, colour, origin, colour, religion, sex, age or mental or physical sex, disability. disability. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 58 CCPE GUIDELINES – CODE OF ETHICS ... professional engineers shall: 5 - conduct themselves with equity, equity, fairness, courtesy and good faith towards clients, colleagues and others, give credit where it is due, and accept, as well as give, honest and fair professional criticism; Other rights have been included by the Supreme C t of Canada th S Court f C d through h "reading in". FACULTY OF ENGINEERING AND COMPUTER SCIENCE 59 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 60 15 19/10/2009 PROFESSIONAL CODE 9 - treat equitably and promote the equitable t it bl treatment of all clients, t t f ll li t colleagues and coworkers, regardless coworkers, of race, religion, gender, sexual orientation, age, physical or mental ability, marital or family status, and national origin. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 1973 Section 43 : No order may refuse to issue a permit or specialist's certificate or to grant a special authorization for reasons of race, colour, sex, religion, national extraction or social origin. t ti i l i i 61 Section 57 : No professional may refuse to provide services to a person because of the race, colour, sex, age, religion, national extraction or social origin of such person. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 63 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 62 Section 59 : Every professional who contravenes section 57, 58 or 58.1 commits an act derogatory to the dignity of his profession profession. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 64 16 19/10/2009 CODE OF ETHICS OF ENGINEERS 1983 DIVISION IV - DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION Section 4.02.07 : An engineer may not refuse to collaborate with a member of the Order, in professional dealings, on the basis of race, colour, sex, religion, national colour sex religion national, ethnic or social origin and for any ground mentioned in section 10 of the Charter of human right and freedoms (R.S.Q., c. C-12). CFACULTY OF ENGINEERING AND COMPUTER SCIENCE 65 REQUIRED reading 1 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 66 REQUIRED reading 2 CCPE / CCI : Guideline on the Professional Engineering P P f i lE i i Practice i ti in Canada - Guide sur l’exercice de l’ingénierie au Canada http://www.ccpe.ca/e/files/guideline _practice_with.pdf practice with.pdf FACULTY OF ENGINEERING AND COMPUTER SCIENCE DIVISION II - DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC Section 2.01 : In all aspects of his work, the engineer must respect his obligations towards man… A violation of equity provisions under any act could be considered a violation of this section. CCPE / CCI : Guideline on the Environment and S t i bilit f E i t d Sustainability for all Professional Engineers - Guide sur l’environnement et le développement durable à l’intention de tous les ingénieurs http://www.ccpe.ca/e/files/guideline _enviro_with.pdf 67 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 68 17 19/10/2009 SUGGESTED reading Rocket v. Royal college of dental surgeons of ontario [1990] 2 S C R f t i S.C.R. 232 http://www.canlii.org/ca/cas/scc/199 0/1990scc66.html FACULTY OF ENGINEERING AND COMPUTER SCIENCE 69 Chapter 7 ends here ! FACULTY OF ENGINEERING AND COMPUTER SCIENCE 70 18 ...
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This note was uploaded on 05/09/2010 for the course ENGR 201 taught by Professor Remialaurent during the Winter '10 term at Concordia Canada.

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