PP_slides_LECTURE_08_duties_client_rev_2009-03

PP_slides_LECTURE_08_duties_client_rev_2009-03 - ENGR201...

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Unformatted text preview: ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 8 CODE OF ETHICS : DUTIES AND OBLIGATIONS TOWARDS THE CLIENT FACULTY OF ENGINEERING AND COMPUTER SCIENCE 1 Today's topics FACULTY OF ENGINEERING AND COMPUTER SCIENCE 2 TOPIC 1 1. 1 knowing one s limitations one's KNOWING ONE'S LIMITATIONS 2. information 3. integrity 4. availability and diligence 5. independence and impartiality 6. professional secrecy 7. records and documents 8. fees FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 4 1 3 01 01 Before accepting a 3.01.01. 3 01 02 In cases where it is in his 3.01.02. mandate, an engineer must bear in mind the extent of his proficiency and aptitudes and also the means at his disposal to carry out the mandate. h d FACULTY OF ENGINEERING AND COMPUTER SCIENCE client's interest, the engineer shall retain the services of experts after having obtained his client's authorization, or he shall advise the l d h latter to d so. do 5 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 6 Professional Code TOPIC 2 60.2. No professional may, by whatever means, make f l h k false, misleading 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. Section 3.02.02. of the Code of ethics is very similar. INFORMATION FACULTY OF ENGINEERING AND COMPUTER SCIENCE 7 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 8 2 3 02 04 An engineer must refrain 3.02.04. 3 02 03 An engineer must as soon 3.02.03. must, as possible, inform his client of the extent and the terms and conditions of the mandate entrusted to him by the latter and obtain his agreement in that b h h respect. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 9 3 02 05 An engineer must inform 3.02.05. his client as early as possible of any error that might cause the latter prejudice and which cannot be easily rectified, made by him in the carrying out of h h f his mandate. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 11 from expressing or giving contradictory or incomplete opinions or advice, and from presenting or using plans, specifications and other documents which he knows to be ambiguous or which are not sufficiently explicit. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 10 3 02 07 Where an engineer is 3.02.07. responsible for the technical quality of engineering work, and his opinion is ignored, the engineer must clearly indicate to his l h client, in writing, the h consequences which may result therefrom. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 12 3 3 03 02 In addition to opinion and 3.03.02. counsel, the engineer must furnish his client with any explanations necessary to the understanding and appreciation of the services h is providing f h he d him. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 13 accounting to his client when so requested by the latter. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 14 3 08 03 An engineer must inform 3.08.03. 3 05 04 As soon as he ascertains 3.05.04. that he is in a situation of conflict of interest, the engineer must notify his client thereof and ask his authorization to continue his mandate. d FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 03 03 An engineer must give an 3.03.03. 15 his client of the approximate cost of his services and of the terms and conditions of payment. […] FACULTY OF ENGINEERING AND COMPUTER SCIENCE 16 4 TOPIC 3 3 08 04 An engineer must give his 3.08.04. client all the necessary explanations for the understanding of his statement of fees and the terms and conditions of i payment. f its FACULTY OF ENGINEERING AND COMPUTER SCIENCE 17 3 02 01 An engineer must fulfill 3.02.01. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 18 Sections 3 02 02 3 02 03 3 02 04 3.02.02, 3.02.03, 3.02.04, his professional obligations with integrity. FACULTY OF ENGINEERING AND COMPUTER SCIENCE INTEGRITY 3.02.05 and 3.02.07 just seen in "INFORMATION" are from this part of the Code 19 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 20 5 3 02 06 An engineer must take 3.02.06. 3 02 08 The engineer shall not 3.02.08. reasonable care of the property entrusted to his care by a client and he may not lend or use it for purposes other than those for which it h b h h has been entrusted to d him. FACULTY OF ENGINEERING AND COMPUTER SCIENCE resort nor lend himself to nor tolerate dishonest or doubtful practices in the performance of his professional activities. 21 3 02 09 An engineer shall not pay 3.02.09. or undertake to pay, directly or indirectly, any benefit, rebate or commission in order to obtain a contract or upon the carrying out of engineering work. f i i k FACULTY OF ENGINEERING AND COMPUTER SCIENCE 23 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 22 3 02 10 An engineer must be 3.02.10. impartial in his relations between his client and the contractors, suppliers and other persons doing business with his client. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 24 6 TOPIC 4 3 03 01 An engineer must show 3.03.01. AVAILABILITY AND DILIGENCE FACULTY OF ENGINEERING AND COMPUTER SCIENCE reasonable availability and diligence in the practice of his profession. 25 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 26 (a) the fact that the engineer is 3 03 04 An engineer may not 3.03.04. 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 d bl grounds: … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 27 placed in a situation of conflict of interest or in a circumstance whereby his professional independence could be called in question; (b) inducement by the client to g illegal, unfair or fraudulent acts; (c) the fact that the client ignores the engineer's advice. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 28 7 TOPIC 5 3 03 05 Before ceasing to exercise 3.03.05. his functions for the account of a client, the engineer must give advance notice of withdrawal within a reasonable time. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 29 3 05 01 An engineer must, in the 3.05.01. must FACULTY OF ENGINEERING AND COMPUTER SCIENCE 30 3 05 02 Any engineer must ignore 3.05.02. practice of his profession, subordinate his personal interest to that of his client. FACULTY OF ENGINEERING AND COMPUTER SCIENCE INDEPENDENCE AND IMPARTIALITY any intervention by a third party which could influence the performance of his professional duties to the detriment of his client. l … 31 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 32 8 Without restricting the generality of the foregoing, an engineer shall f h f i i h ll not accept, directly or indirectly, any benefit or rebate in money or otherwise from a supplier of g goods or services relative to engineering work which he performs for the account of a client. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 33 3 05 04 As soon as he ascertains 3.05.04. that he is in a situation of conflict of interest, the engineer must notify his client thereof and ask his authorization to continue his mandate. d FACULTY OF ENGINEERING AND COMPUTER SCIENCE 35 3 05 03 An engineer must 3.05.03. safeguard his professional independence at all times and avoid any situation which would put him in conflict of interest. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 34 3 05 05 An engineer shall share 3.05.05. his fees only with a colleague and to the extent where such sharing corresponds to a distribution of services and responsibilities. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 36 9 TOPIC 6 3.05.06. In carrying out a mandate, the engineer shall generally act only f one of the ll l for f h parties concerned, namely, his client. However, where his professional duties require that he act otherwise, the engineer y must notify his client thereof. He shall accept the payment of his fees only from his client or the latter's representative. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 37 PROFESSIONAL SECRECY FACULTY OF ENGINEERING AND COMPUTER SCIENCE 38 Professional Code 60 4 Every professional must 60.4. preserve the secrecy of all confidential information that becomes known to him in the practice of his profession. … See also section 3.06.01. of the Code of ethics FACULTY OF ENGINEERING AND COMPUTER SCIENCE 39 He may be released from his obligation of professional secrecy only with the authorization of his client or where so ordered or expressly authorized by law. See also section 3.06.02. of the Code of ethics FACULTY OF ENGINEERING AND COMPUTER SCIENCE 40 10 Secrecy depends on four 1 : the information is of a confidential nature conditions : FACULTY OF ENGINEERING AND COMPUTER SCIENCE 41 2 : the information becomes known to the engineer through communication FACULTY OF ENGINEERING AND COMPUTER SCIENCE FACULTY OF ENGINEERING AND COMPUTER SCIENCE 42 3 : the information is revealed to the engineer because of its confidential nature 43 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 44 11 4 : the information is communicated to the engineer by a client to enable the former to provide professional services to the latter FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 06 03 An engineer shall not 3.06.03. make use of confidential information to the prejudice of a client or with a view to deriving, directly or indirectly, an advantage for h d f himself or f lf for another person. 45 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 46 TOPIC 7 3 06 04 An engineer shall not 3.06.04. accept a mandate which entails or may entail the disclosure or use of confidential information or documents obtained from another client without the l l h h latter's consent. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 47 RECORDS AND DOCUMENTS FACULTY OF ENGINEERING AND COMPUTER SCIENCE 48 12 Professional Code 60 5 Every professional must 60.5. However where authorized by However, respect the right of his client to examine documents concerning him in any record established in his respect, and to obtain a copy of such d f h documents. … FACULTY OF ENGINEERING AND COMPUTER SCIENCE law, a professional may refuse to allow access to the information contained in such a record. This could be when the disclosure would be likely to cause serious harm to the client or to a third person. 49 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 50 Professional Code 60.6. Every professional must respect the right of his client to cause to be corrected any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected, contained i a ll d i d in document concerning him in any record established in his respect. … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 51 He must also respect the right of his client to cause to be deleted any information that is outdated or not justified by the object of the record, or to prepare written comments and f l them in the d file h h record. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 52 13 Access to and correction of records and release of documents in the Code of ethics thi TOPIC 8 FEES Sections 3.07.01. to 3.07.07 provide detailed rules of procedure "Beyond the specific rules prescribed by law..." FACULTY OF ENGINEERING AND COMPUTER SCIENCE 53 3 08 01 An engineer must charge 3.08.01. 54 3 08 02 Fees are considered fair 3.08.02. and accept fair and reasonable fees. FACULTY OF ENGINEERING AND COMPUTER SCIENCE FACULTY OF ENGINEERING AND COMPUTER SCIENCE and reasonable when they are justified by the circumstances and correspond to the services rendered. In determining his fees, the engineer must, in particular, h l take the following factors into account: 55 … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 56 14 (a) the time devoted to the carrying out of th mandate; i t f the d t (b) the difficulty and magnitude of the mandate; (c) the performance of unusual services or services requiring exceptional competence or speed; (d) the responsibility assumed. FACULTY OF ENGINEERING AND COMPUTER SCIENCE his client of the approximate cost of his services and of the terms and conditions of payment. He must refrain from demanding advance payment of his fees; he may, however, request a deposit. 57 3 08 04 An engineer must give his 3.08.04. client all the necessary explanations for the understanding of his statement of fees and the terms and conditions of i payment. f its FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 08 03 An engineer must inform 3.08.03. 59 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 58 5.01.07. An engineer who, in his advertising, advertising mentions fees or prices shall 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: … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 60 15 1º keep them in effect for the 1 2º specify the nature and extent of 2 period mentioned in the advertising or, if no period is specified, for a period of ninety (90) days following the last publication or b bl broadcast; d the services included in such fees or prices; … … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 61 3º indicate whether or not certain 3 fees are included in such fees or prices; … FACULTY OF ENGINEERING AND COMPUTER SCIENCE 63 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 62 4º indicate what additional 4 services may be required which are not included in such fees or prices. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 64 16 REQUIRED READING 5 01 08 In the case of advertising 5.01.08. Code of Ethics of Engineers (R Q c I(R.Q., c. offering a special price or a discount, an engineer shall specify how long such special price or discount is valid, as the case may b This period may b be. h d be less than ninety (90) days. FACULTY OF ENGINEERING AND COMPUTER SCIENCE 9, r.3), Division III available on OIQ's web site in "Publications" Regulation respecting the keeping of records and consulting offices of engineers (R.Q., c. I-9, r.14) available on OIQ's web site in "Publications" 65 SUGGESTED READING FACULTY OF ENGINEERING AND COMPUTER SCIENCE 66 See you next week ! OIQ's Guidelines for professional practice – Part 2 available on OIQ's web site in "Publications" Regulation respecting the cessation of practice of a member of the Ordre des ingénieurs du Québec (R.Q., c. I 9, r. I-9, 2.1) available on OIQ's web site in "Publications" FACULTY OF ENGINEERING AND COMPUTER SCIENCE 67 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 68 17 ...
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