PP_presentation_LECTURE_02_2009-01

PP_presentation_LECTURE_02_2009-01 - ENGR201 PROFESSIONAL...

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Unformatted text preview: ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY WELCOME TO ALL STUDENTS FACULTY OF ENGINEERING AND COMPUTER SCIENCE 1 CHAPTER 2 THE LEGAL FRAMEWORK OF THE ENGINEERING PROFESSION 1. The Professional Code 2. The Engineers Act 3. Rules and regulations concerning engineering 4. Other legal constraints g FACULTY OF ENGINEERING AND COMPUTER SCIENCE 2 Related upcoming p g chapters Ch. 6 : The professional relationship p Ch. 7 : Code of Ethics : duties and obligations towards the public Ch. 8 : Code of Ethics : duties and obligations towards the client nd oblig tion to d lient FACULTY OF ENGINEERING AND COMPUTER SCIENCE 3 Related upcoming p g chapters, continued Ch. 9 : Code of Ethics : duties and obligations towards the g profession Ch. 10 : Controls Ch Ch. 12 : Liability FACULTY OF ENGINEERING AND COMPUTER SCIENCE 4 TOPIC 1 : The P f Th Professional Code i lC d Historic overview –The birth of “Corporations” p –Professional Corporations –Special statutes enacted FACULTY OF ENGINEERING AND COMPUTER SCIENCE 5 1970 : The Castonguay-Nepveu Castonguayp p Commission publishes its report “Professions and Society” FACULTY OF ENGINEERING AND COMPUTER SCIENCE 6 July 6, 1973 : Bill 250 is adopted, the Professional Code is born February 1, 1974 : the Professional Code comes into force by proclamation of the Lieutenant-Governor in Council Lieutenant- FACULTY OF ENGINEERING AND COMPUTER SCIENCE 7 The Professional Code will be amended often. often. A major review takes place in 1994 Another took place in 2008 FACULTY OF ENGINEERING AND COMPUTER SCIENCE 8 Professional Code : principles The system exists to protect the public Professions remain self-governing selfWITHIN LIMITS Administrative mechanisms and certain regulations are standardized The “public” h Th “ bli ” has rights i ht FACULTY OF ENGINEERING AND COMPUTER SCIENCE 9 Professional system in y Quebec Two kinds of professional orders : T ki d f f i l d – With exclusive practice rights (s. 31-34) (s. 31– With reserved titles (s. 35-39) 35- External bodies : – Office des professions du Québec (s. 3316.8) – Interprofessional Council (s. 171722)(established in 1965) – Professions Tribunal (s. 162-182.9) 162FACULTY OF ENGINEERING AND COMPUTER SCIENCE 10 Political structure of an Order The Board of directors The President The Executive Committee The S Th Secretary t General Meetings [of the members] FACULTY OF ENGINEERING AND COMPUTER SCIENCE 11 Activities of an Order respecting admissions Controlling who becomes a member – Required qualifications – Acceptable degrees q – Equivalences – Additional requirements p y – Criminal or disciplinary record Training period Restricted practice FACULTY OF ENGINEERING AND COMPUTER SCIENCE 12 Activities of an Order respecting its members' practice p Qualification ⇒ professional inspection Conduct C d t ⇒ di i li discipline Liability ⇒ insurance Criminal or other disciplinary condemnations ⇒ Board review / discipline Ability to practice (health) ⇒ medical (health) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 13 Inspection (s. 109 - 115) (s Professional Inspection Committee P f i lI ti C itt – Members – Inspectors – Experts Regulation and program General surveillance Inspections Recommendations (general / member) R d ti ( l member) b FACULTY OF ENGINEERING AND COMPUTER SCIENCE 14 Discipline (s. 116 - 161 1) (s 161.1) Committee on Discipline (s. 116) Syndic, Syndic assistant syndics, syndics corresponding syndics and experts (s. 121) Review Committee (s. 123.3) Syndic S di as conciliator (s. 123.6) ili t ( 123 6) Professions Tribunal (s. 162) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 15 Disciplinary procedure Complaint (s. 126) Provisional striking off the Role (s. (s 130) Trial (s. 137 - 149) (s Penalties (s. 150 - 161.1) Appeals (s. 162 - 177.1) Publication (s. 179 - 182) ( ) FCTONNRGNCMT ALYF GEI A OUR U E I EN D PE FACULTY OF ENGINEERING AND COMPUTER SCIENCE 16 Activities of an Order : Setting standards on... Records, books, registers Medications, poisons, substances Medications poisons substances, apparatus, equipment Procedures P d Consulting rooms and offices Classes of specialization Refresher training or courses FACULTY OF ENGINEERING AND COMPUTER SCIENCE 17 Activities of an Order : Others Professional liability insurance or fund Carrying on of professional activities within a limited liability partnership or a joint-stock company jointConciliation and arbitration of fees Provisional custody of records P i i l t d f d FACULTY OF ENGINEERING AND COMPUTER SCIENCE 18 Activities of an Order respecting illegal p g practices Exclusive acts Reserved titles Fraud in bt i i F d i obtaining a permit or it certificate Certain activities (e.g. building with illegal plans and specifications…) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 19 Activities of an Order : Governance Administration – Roll – Internal rules and regulations – Elections – Finances "Ad hoc" Committees Ad hoc Publications External affairs FACULTY OF ENGINEERING AND COMPUTER SCIENCE 20 Activities of an Order : Information control Access to documents and protection of p personal information FACULTY OF ENGINEERING AND COMPUTER SCIENCE 21 TOPIC 2 : The Engineers Act 1887 : The Canadian Society for Civil Th C di S i t f Ci il Engineers is created 1898 : a provincial law in Québec restricts the practice of engineering to members of the CSCE 1918 : CSCE becomes the Engineering Institute of Canada FACULTY OF ENGINEERING AND COMPUTER SCIENCE 22 February 14, 1920 Bill 162 Birth of the "Corporation des ingénieurs professionnels du Québec Québec" The initiative came from the Engineering Institute of Canada's Montreal and Québec Q sections 514 members – all male Membership fee : 10$ / year … (with a 3$ renewal rebate !) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 23 December 10, 1932 : the Engineer's p professional seal is created by an y Order-inOrder-in-Council FACULTY OF ENGINEERING AND COMPUTER SCIENCE 24 1948 : Mrs. E. R. Watson Linney, an Electrical Engineering graduate from g gg McGill University, is the first female p member admitted to the Corporation FACULTY OF ENGINEERING AND COMPUTER SCIENCE 25 September 1964 p Bill 98 : The Engineers Act the practice is defined (to this day) “ professional “ is dropped from the name and title FACULTY OF ENGINEERING AND COMPUTER SCIENCE 26 February 1, 1974 1 Bill 260 becomes law A new "Engineers Act" is in force Engineers Act Harmonized with the Professional Code that came into force on the same day FACULTY OF ENGINEERING AND COMPUTER SCIENCE 27 Oct. 15, 1994 : the Engineers Act is g j amended through a major review of the Professional Code FACULTY OF ENGINEERING AND COMPUTER SCIENCE 28 The Engineers Act… Act Creates the Ordre des Ingénieurs (s. ) 6) Defines the field of practice of an engineer (s 2) (s. Defines the acts which constitute the practice of the engineering profession (s. 3) Reserves certain non-member’s rights R t i nonb ’ i ht (s. 5) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 29 The Engineers Act… Act Defines illegal practice and other ( ) offences (s. 22) Defines which plans and specifications must be signed and sealed by an engineer (s. 24, 25) Reserves the title and certain words (s. 26) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 30 TOPIC 3: Rules and regulations concerning engineering Under the Professional Code Under the Engineers Act FACULTY OF ENGINEERING AND COMPUTER SCIENCE 31 Regulation respecting professional liability insurance for the members y of the Ordre des ingénieurs du Québec ((1995) 127 G.O. II, 5324 (French edition)) [ I-9, r.1.1.1] )) [c. I- , FACULTY OF ENGINEERING AND COMPUTER SCIENCE 32 Regulation respecting other terms and conditions for permits to be p issued by the Ordre des ingénieurs du Québec ((2002) 134 G.O. II, 6242) [c. I-9, r.1.2] I- FACULTY OF ENGINEERING AND COMPUTER SCIENCE 33 Regulation respecting the cessation of practice of a member of the Ordre p des ingénieurs du Québec (( ((1994) 126 G.O. II, 683) [c. I-9, r.2.1] ) , ) [ I- , FACULTY OF ENGINEERING AND COMPUTER SCIENCE 34 Code of ethics of engineers ( (R.Q., c. I-9, r.3) , I- , ) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 35 Regulation respecting the p professional inspection committee p of the Ordre des ingénieurs du Québec ((1991) 123 G.O. II, 3226) [c. I-9, r.3.1] I- FACULTY OF ENGINEERING AND COMPUTER SCIENCE 36 Regulation respecting the standards for equivalence of q diplomas and training for the issue of a permit by the Ordre des p y ingénieurs du Québec (( ((2002) 134 G.O. II, 2133) [c. I-9, r.7.1] ) , ) [ I- , FACULTY OF ENGINEERING AND COMPUTER SCIENCE 37 Regulation respecting the p procedure for conciliation and arbitration of accounts of engineers ( (R. (R.Q., c. I-9, r.8) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 38 Regulation respecting advertising by engineers y g (Revoked 02/09/19) 02/09/19) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 39 Regulation respecting refresher training periods of engineers gp g (R.Q., c. I-9, r.12) I- FACULTY OF ENGINEERING AND COMPUTER SCIENCE 40 Regulation respecting the keeping of records and consulting offices by g y engineers ( (R.Q., c. I-9, r.14) , I- , r.14) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 41 TOPIC 4: Other legal constraints Federal laws and regulations Other provincial laws and regulations Municipal, Municipal territorial and other local regulations "Common L " (jurisprudence) "C Law" (j i d ) FACULTY OF ENGINEERING AND COMPUTER SCIENCE 42 Such as as… An Act to establish a legal framework for information technology (R.S.Q., c. C-1.1) C- FACULTY OF ENGINEERING AND COMPUTER SCIENCE 43 But also... also "Rules of the Art" Recognized practices Standards and Codes FACULTY OF ENGINEERING AND COMPUTER SCIENCE 44 CONCLUSION Professional orders are to be dedicated to protecting the public, not p g p , their members Professions and professionals operate in a highly regulated environment The professional system is a unique blend of self-regulation and selfgovernment control FACULTY OF ENGINEERING AND COMPUTER SCIENCE 45 REQUIRED reading Professional Code (R.S.Q., c. C-26), Csections 2 to 108 and 188 to the end http://www.oiq.qc.ca/ Engineers Act (R.S.Q., c. I-9) Ihttp://www.oiq.qc.ca/ FACULTY OF ENGINEERING AND COMPUTER SCIENCE 46 SUGGESTED reading Code of ethics of engineers (c. I-9, r.3) Ihttp://www.oiq.qc.ca/ Take an overview of the Regulations on the OIQ web site FACULTY OF ENGINEERING AND COMPUTER SCIENCE 47 SEE YOU NEXT WEEK ! FACULTY OF ENGINEERING AND COMPUTER SCIENCE 48 ...
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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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