TOVUVPODEDODDEDODOHOHHHHDSDHSHH SSDS SRHLDS STUDY GUIDE for the PEO PROFESSIONAL PRACTICE EXAMINATION SIXTH EDITION October, 2002 (minor revisions ~ August, 2004) & Gordon C. Andrews Professor of Mechanical Engineering aN ED = Printed a a distributed through the auspices of the itinuing Uni versity Waterloo, cua NOL SCL (519) 888-4002University of Waterloo Continuing Education Department, 200 University Ave West, ‘Waterloo, Ontario N2L 3G1 (519) 888-4002 USEFUL INTERNET ADDRESSES: Organization Web Address PEO _| Professional Engineers Ontario http/Awww.peo.on.ca CCPE_| Canadian Council of Professional Engineers hitp/hvww.cepe.ca Ontario | Government of Ontario ht UW__| The University of Waterloo http://www.uwaterloo.ca ‘CANADIAN CATALOGUING IN PUBLICATION DATA TITTPVVTVVIVTIVIVOSVOR ISVS TOS TOEOHSES 4666 ISBN: 0-9698850-2-5 Printed in Canada ‘© Copyright by Gordon C. Andrews, 1995, 1996, 1997, 2000, 2002 Waterloo, Ontario, Alll rights reserved. This publication (or any part of it) may not be reproduced, nor used in any form, by any means — graphic, electronic, or mechanical — including photocopying, recording, taping, word-processing, inclusion in a computer file, inclusion in an information storage and retrieval system, or distribution over the Intemet, without written permission of the author.3 ® HOW TO USE THIS STUDY GUIDE ‘This Study Guide will help you to pass the PEO Professional Practice Examination (PPE). You should have received two items — this written manual and the video: Preparatory Workshop for the PEO Professional Practice Examination. I recommend that you follow these steps: ® First, view the workshop video, quickly. View the video-tape to get a quick overview of the exam requirements, The video condenses a 3-hour workshop into 75 minutes. Refer to this written manual while you watch the video, because the Table of Contents also applies to the video. Note that the video has several errors. Some statements in the first 20 minutes of the video-tape are now out of date. The remaining 55 minutes of the tape are accurate. If you are familiar with PEO's purpose and rules, you should skip the first 20 minutes using your fast forward button. The video should tell you what to study. ® Second, read this written Study Guide manual quickly, paying special attention to: Chapter 3 - Examination Review Topics (Which topics are on the exam?) Chapter 4 - Studying for the Exam (How much time should you allow for studying?) Chapter 5 - A Strategy for Answering Exam Questions (The problem-solving strategy in Chapter 5 is optional, but many readers find it very useful.) ® third, review the recommended textbooks, Read the textbooks, concentrating on the sections listed in Chapter 3 of this manual, especially any topics which are new to you. Make brief review notes, as suggested in Chapter 4. ® Fourth, test yourself using the questions from the three fully-solved sample PEO exams in Chapters 7, 8 & 9. Try to write your own solution for each question before reading the answer provided. Also, review the many case studies in the recommended textbooks. ® Finally, repeat the steps above if you feel that you need further preparation. Try the three sample PEO exams in Chapters 10, 11 & 12. (Two of these exams are followed by exam hints, to help you.) An old (unsolved) exam is also available on the PEO web site at: ttps/www.peo.on.ca/Registration/ppe.html & If you want to express your opinion of this Study Guide directly to the author, please use the evaluation form at the end of this written manual. The author wishes you success in the Professional Practice Examination and in your future engineering career. iii (revised 2004)AN IMPORTANT NOTE TO READERS = _ ERRORS ON THE VIDEO-TAPE: Several statements in the first 20 minutes of the video- tape are now out of date. The remaining 55 minutes of the tape are accurate. This written manual (Chapters 1 and 2) contains up-to-date information which supersedes the incorrect data ‘mentioned in the first 20 minutes of the tape. In particular, itis no longer possible to defer the ‘exam, as mentioned on the video-tape, and four years of practical experience are now required. = EXAM RULE CHANGES: All exam rules are set by Professional Engineers Ontario (PEO) and may change with time. Consult the PEO web site for the current exam rules. Where differences exist between this Study Guide (this manual or the video-tape) and PEO publications or statements, the PEO information should be considered correct. = SPECIFIED TEXTBOOKS: The textbooks presently recommended for the PEO Exam (as explained in Chapter 3 of this manual) are: Canadian Professional Engineering Practice & Ethics, 2nd Edition (Note: a 3rd edition ‘was published in July, 2004, but is not yet formally adopted by PEO), and Law for Professional Engineers, Canadian & International Perspectives, 3rd Edition, = AUTHOR: The Study Guide author is alicensed Professional Engineer, providing advice based ‘on 35 years of engineering research, teaching and practice. He is not a member of PEO staff, and is not directly involved in setting or grading the Professional Practice Exam. = CAVEAT: This publication is intended for professional education; it does not provide legal advice, and the author is not licensed to practise law. ACKNOWLEDGEMENTS ‘The first edition of this Study Guide was prepared under the initiative of the Ottawa-Carleton Learning Foundation. The leadership of Jane Martin Callen, Director, Program Development, and the assistance of Barbara Johnson, Project Manager, is acknowledged and appreciated. Initial funding for this project was provided by the ‘Ontario Ministry Of Citizenship, Access to Professions and Trades. The generous cooperation of Professional Engineers Ontario is also gratefully acknowledged, The assistance of their staff, especially Grant Boundy P-Eng., who recently retired, Richard Furst, PEng., Manager of Licensure, Lawrence Fogwill, P.Eng., Ingrid Johnson, ‘and Anna Carinci Lio, is very much appreciated. Corrections on points of law, included originally in the Fourth Edition, were gratefully received from Donald L. Marston. A particular thanks is due to the late Kathy Roenspiess, who typed a major portion of the first edition, to Dianne Hause, who typed the revisions for the second edition, and to many colleagues and graduate students who read and commented on the manuscript. Don Kasta, Maureen Jones, Karen Gallant and Victoria Michalek of the University of Waterloo were very cooperative in arranging professional duplication and distribution. Many thanks to all. University of Waterloo Gordon C. Andrews, PhD, P-Eng. ‘August, 2004 Professor Emeritus of Mechanical Engineering iv (revised 2004) e222 2224442808202 20440240000099999999908'alee See alee leiel aoe ee 00s 26s 26 see ee ee eee eee TABLE OF CONTENTS Manual page _ Video Counter Introduction to the Study Guide Page tii Time: 0:00 1- LICENSING REQUIREMENTS FOR ENGINEERS Page 1 Time: 2:50 1.1 Introduction 12 The Purpose of Licensing Engineers 13. The Professional Engineers Act 14 The Legal Definition of Engineering 1.5 Admission to the Engineering Profession 1.6 Academie Requirements 1.7 The Professional Practice Examination 18 Experience Requirements 2- EXAM RULES AND PROCEDURES Page 8 Time: 11:30 2.1 Basic Examination Rules 22 If Things Go Wrong and You Can't Write the Exam 23 Obtaining Exam Results 24 If You Fail ~ Writing the Exam Again 2.5 If You Fail—Re-Reading Your Exam Paper 26 if You Fail— Preparing For Your Next Attempt 3-EXAM REVIEW TOPICS Page 11 3.1 Part A~ Practice and Ethics ~ Exam Description 32 Part A— Practice and Ethics ~ Review Topics 33. Part B- Lawand Liability ~ Exam Description 34 Part B~ Law and Liability ~ Review Topics 4- STUDYING FOR THE EXAM Page 15 4.1, Developing a Positive Attitude 4.2 How Much Study Do You Need? 43 Organizing Yourself for Effective Study 44 Preparing Review Notes 4.5 Writing Solutions to Sample Questions 4.6 Studying with a Discussion Group 47 Onthe Day of the Exam 48 THREE IMPORTANT HINTS 5 - A STRATEGY FOR ANSWERING EXAM QUESTIONS Page 19 5.1 The EGAD Strategy 5.2 Part A—Solved Exam Question - Practice and Ethics Page 20 53 Part B—Solved Exam Question—Law and Liability Page 22, 6 - CONCLUDING COMMENTS & ADVICE Page 24 61 Some Final Advice 62 Engineering Intern Training (EIT) 63 The Engineer's Seal 64 Theron Ring and the Engineering Oath Time: 19:40 Time: 39:30 End of Tape: 1:15:00 (Approx.) v (revised 2004)NOTE: The following exam papers are not included or discussed on the video-tay 7 - FIRST SAMPLE EXAM (1993) 71 Part A-Ethics Exam Questions 72 Part B~ Law Exam Questions 73 Part A—Solutions to Ethics Questions 7.4 — Part B— Solutions to Law Questions 8 — SECOND SAMPLE EXAM (1998) &1 Part A—Eithics Exam Questions 82 Part B- Law Exam Questions 83 Part A~Solutions to Ethics Questions 8.4 Part B— Solutions to Law Questions 9 — THIRD SAMPLE EXAM (2002) 9.1 Past A—Ethics Exam Questions 9.2 Part B- Law Exam Questions 3 _-Part A~ Solutions to Ethics Questions 9.4 Part B—Solutions to Law Questions 10 - FOURTH SAMPLE EXAM (1999) 10.1 Part A ~ Professional Practice and Ethics Exam 10.2 Part B— Engineering Law and Professional Liability Exam 10.3 EXAM HINTS 11 - FIFTH SAMPLE EXAM (2000) 11.1 Part A-~Professional Practice and Ethics Exam 112 Part B ~ Engineering Law and Professional Liability Exam 113. EXAMHINTS 12- SIXTH SAMPLE EXAM (2001) 12.1 Part A ~Professional Practice and Ethics Exam 122 Part B~ Engineering Law and Professional Liability Exam (No Hints) . APPENDIX A — The Code of Ethics (Regulation 941/90, Section 77) © APPENDIX B — Definition of Professional Misconduct (Regulation 941/90, Section 72) Page 26 Page 37 Page 47 Page 57 Page 68 Page 76 Page 84 Page 85 =~ STUDY GUIDE EVALUATION SHEET (Please return) Page 86 1 BO CO 0 0 2222222222 222244224222220222248420222222BOCCOCOOOOOCEEEESESESS SHFFGVPCSFCSVSSTSOVISIISSID CHAPTER 2 PROFESSIONAL PRACTICE EXAM 2 RULES AND PROCEDURES NOTE: If you have written the Professtonal Practice Exam before and are familiar with the rules and procedures, then you should probably skip this chapter. Go directly to (Chapter 3, and fast forward through the first 20 minutes of the video-tape to Step 3. 2.1 Basic Examination Rules ‘After you have satisfied the PEO education requirements and you have gained some exposure to the engineering profession, you are eligible to write the Professional Practice Examination (PPE). The PPE is a three-hour, closed-book exam on ethics, professional practice, engineering law and professional liability. The following basic rules apply: Q When Do You Write the Professional Practice Examination? There is a limited time-frame in which you ‘may write the PPE: ‘+ Earliest Date: In order to understand the types of ethical and legal problems which may occur in the engineering workplace, you should have some working experience. It is recommended that you should ‘write the PPE about 12 months after your engineering graduation date, (If you were assigned a technical exam program, thea you may write the PPE aay time after completing the assigned exams.) ‘© Latest Date: The latest date at which you can write the PPE is two years after your application to PEO (or two years after completing a PEO technical exam program, whichever isthe later date). This rule is interpreted flexibly to ensure that each applicant has approximately five exam sittings to write the PPE. Please note that the latest date rule applies only to the frst attempt at writing the PPE. If you should fail the PPE on your first attempt, there are different rules which allow you more time. Q. Exam Parts: The Professional Practice exam consists of two parts, designated A and B, as follows: _ + Part A - Professional Practice and Ethics, + Part B - Engineering Law and Professional Liability ‘The two parts are printed on different coloured paper, answers are written in different booklets, and submitted in different envelopes. Both parts are waitten together at your first exam sitting, but if either part is failed, then ONLY THAT PART must be re-written. (This isa fairly recent rule change, made in year 2000.) Q Time Permitted: A total of three hours is permitted for the whole exam. If you are re-writing only one part of the PPE, only 90 minutes is allowed. Good time management is important to complete the exam in the time that you have. Practise by writing the exams inchuded in this Study Guide manual. Q No Aids Permitted: This is a "CLOSED BOOK” examination. No aids are permitted except Ontario Regulation 941, Section 72, titled “Professional Misconduct" and Section 77, the “Code of Ethics,” which will be supplied with the exam paper. Dictionaries are not permitted. Q Marking Scheme: The first page of each examination paper explains the grading scheme ~ read this page carefully. Normally, Question #1 is mandatory, so you must answer Question #1 plus 3 of the 4 remaining questions. The grades (or "marks”) awarded will depend mainly on the knowledge and logic which you show in your answers, but you must express your ideas clearly and concisely. 8.Complete Answers in Ethics Questions: f a question asks whether an action or decision is ethical or not, a simple “yes” or “no” is nof sufficient. In your answers, tell what action you would take, and explain why that action is proper. Where possible, identify the section number(s) in Ontario Regulation 941 which apply (quote the clause numbers in Section 72 — professional misconduct, or Section 77 ~ the Code of Ethics) Complete Answers in Law Questions: In law questions, it is always useful to cite “precedents” (that is, refer to decisions in previous cases). Canadian common law is based on precedents. Ifa previous case has been decided in a certain way, then that decision is very persuasive in later cases. It is not necessary to memorize the names of the cases — just say that you are aware of a similar precedent and state the proper decision, OQ Ambiguous Questions: Uf you cannot understand a question, or you believe that it contains an error, you ‘must write a clear statement of how you interpret the question, and then answer it. ‘The examiners will consider your modification of the question and your response will be graded fairly. Include any comments that you want to make to the marker inthe exam booklet, preferably on the cover or fist page. No messages ‘can be transmitted to the marker except through comments written in the exam booklet. Order of Questions: You may answer the questions in any order, but start with the easiest question first. However, if you write answers to more than 4 questions, indicate the questions that you want to be marked ‘on the front ofthe booklet ~ otherwise, only the first 4 questions will be marked. O Writing Style: Write your answers on the right-hand (ruled) side of each page, and use the left-hand (unruled) side for rough work. ‘Try to write clearly — a clear writing style implies a logical and professional thinking pattem. Use a ball-point pen rather than a pencil — the ball-point is usually easier to read. If you ‘make an ecror in the answer book, just draw a line through it; don't erase it or put "white-out” on it, (Erasing just wastes your time), . Q Number Your Booklets: If you use more than one booklet, number each ane (for example, “Book 1 of 3, Book 2 of 3,” etc.). Remember to place the booklets in the correct envelopes for delivery to the marker — Part ‘Aaand Part B go in different envelopes because they are marked by different people. 2.2 If Things Go Wrong and You Can't Write the Exam ‘You may have bad luck which may prevent you from writing the examination: sickness, injury, serious family problems, important business travel, project deadlines, ete. Usually, this is not a problem — if you are ‘within the time limits explained earlier, then you will forfeit your exam fee, but you will be allowed to write at the next siting. In very serious cases, you may even be excused from the exam, as explained below. Please note that, regardless of the circumstances, exam fees are not refundable, without exception. 1D Ifyou are il or are unable to write because of serious personal reasons: Fee credits are very rarely given Dut, in serious cases such as hospitalization or a death in the family, you may be excused from writing the ‘exam, and your exam fee will be eredited towards the next exam. Note that credit is not awarded for simple ‘schedule conflicts. However, if you believe that your reasons are sufficiently serious to justify being excused from the exam, send a letter to the PEO Examinations Centre as early as possible (and preferably before the date of the exam), explaining why you are unable to write the exam. Your request must include complete ‘documentation, such as a letter from a physician, surgeon or funeral director, verifying your reason. Ifyou are unprepared and do not wish to write the exam: If you request to write the exam but do not ‘atiend, you will not be excused, but will be recorded as No Show. However, this is not the same as feiling ‘the exam. You will forfeit the examination fee (there will be no refund or credit), but the exam is mot counted ‘as a failure. PEO will contact you regarding the next sitting of the exam, if you are within the time limits If you received a form to extend the time limits, please be sure to complete it and return it to PEO. 1D Candidates who leave the exam room after reading the exam paper: If you appeat inthe examination room, read the exam paper, and then decide that you do not wish to write the exam, you must sign the answer books) e20086 DIFFHOSSHSHSHSHOSOS OOD OOO OOOH OOO OEESS (Parts A and B, separately) and place them in the envelopes provided (even if the books are entirely blank). ‘The outside of each envelope must also be signed and returned to the exam supervisor, together with the question papers. You will be assigned a failing grade (zero) for the exam. Obviously, if you are totally ‘unprepared for the exam, itis better to be a “No show,” as explained in the previous paragraph. 2.3. Obtaining Exam Results “Your exam results will be mailed to you on the date listed on your information sheet, which is usually about 45 working days after the exam. Results are not available by telephone, fax, email or by personal visits, to the PEO office, so be patient and wait for the mail; your results cannot be mailed until all of the exams are ‘graded and the results are reviewed and approved. Exam answer booklets are not returned. 2.4 If You Fail — Writing the Exam Again “Failed” answer books are always re-read by a second examiner. Note: If only one part of the exam is failed, then only that part must be re-written. Candidates who are writing only one part of the exam will be allowed only 90 minutes to write the necessary part. QQ First or Second Failure: A first or second failure usually means that you simply require more preparation. ‘You will always be permitted to write the exam a second or third time. Please do not consider a failed PPE to be a negative comment on your character ar technical ability. Many candidates find the exam to be difficult, because of the wide range of questions which may be asked, the high level of writing ability that is required, and the fact that the subject matter may be entirely new to some candidates. Third failure: A third failure is rare, and will result in a personal interview with the PPE sub-committee to discuss your method of preparation. You may be permitted to write the exam a fourth time, at the discretion of the PPE sub-committee, but the sub-committee may require specific conditions to be satisfied or certain preparations to be made before the fourth attempt is permitted. A fourth failure is extremely rare, and ‘normally results in closing the applicant's file because of poor performance. 25 If You Fail- Re-Reading Your Exam Paper ‘The failure rate for the professional practice exam is approximately 10 percent, which is about the same as the failure rate of most university courses. If you fail either part of the PPE, your paper will be reviewed automatically by a second marker. Mistakes in marking are not common, but if you believe that an error has ‘occurred in grading your exam, you may ask that the paper be reviewed a third time by a special reviewer, who is independent from both of the original markers and from the PEO staff. A fee (typically $200) is charged for the Re-tead process. The fee is forfeited, regardless of the outcome. (That is, you must pay the fee, even if your grade is changed.) Note, however, that grades may be raised or lowered by the special reviewer, and the Re-tead snatk set by the special reviewer becomes your final grade. 2.6 If You Fail - Preparing for Your Next Attempt If you receive a failing grade, you must assess the reason for the failure. ‘The most common reason is inadequate preparation so, typically, you simply must prepare more thoroughly for the next exam. Unfortunately, because of the immense number of people (usually over 3,000 annually) who write the PPE, the PEO staff are not able to review your exam with you, orto give you personal advice for exam preparation. If you need further education, you should enroll in a university course in engineering ethics and law. University courses are usually very thorough, so they are the best preparation. However, if you are unable to attend a regular university course, you should be aware that several short courses specifically intended for the PEO exam have recently been set up, some by Ontario colleges and universities. These courses are usually offered in the evenings and on weekends. ‘The courses are usually expensive, but if you have failed the PEO exam, you may find them to be a worthwhile investment. A list of these courses may be found by searching the PEO web site at http://www.peo.on.ca, -10-DIIIPSESSSSSSHSHIOIOSHVIOVHHHGHSGHHOOH HATES CHAPTER 3 3 EXAM REVIEW TOPICS 3 NOTE: This chapter defines the topics covered by the PPE and lists the documents that you should study. Section 3 of the video also contains a discussion of torts and contracts ‘which might be very useful to answer the law questions. (Don’t skip the video discussion of torts & contracts unless you know the topic well - it’s not in this written manual.) Part A - Practice and Ethics - Exam Description Syllabus: ‘The official description of topics (also called the “syllabus”) for Part A of the exam is shown below in a brief, “short-hand” form. The description is a series of topics, very much like a university course description. The detailed list of chapters shown in the next section is easier to understand, Definitions and interpretations of professional status; obligations that accompany the privileges of professional status; unregulated, state-regulated and self-regulated practice; powers of PEO in the self- regulated profession of Engineering in Ontario; reserved practice and reserved titles; disciplinary consequences of violation of the Regulations, including the Code of Ethics, as distinct from legal lability; the independent practitioner and the employee engineer acting as representative or agent; supervision of unregistered persons by a professional engineer; responsibilities of holders of Limited Licences; ethical considerations related to standards of practice. Specified Ethics Textbook: © Canadian Professional Engineering Practice and Ethics, 2nd Edition (1999), (ISBN: 0-17-640467-8) by G.C. Andrews and J.D. Kemper published by: ‘Nelson Thomson Learning, Tel: (416) 752-9531 or 1-800-268-2222 1120 Birchmount Road Fax: (416) 752-8101 or 1-800-430-4445. Scarborough, ON. MIK 5G4 Email: inquire@nelson.com ‘Web: http://www.nelson.com (Note: The 3rd edition of this book was published in July, 2004, but is not yet formally adopted by PEO. Although the 3rd edition is more up-to-date, the 2nd edition is adequate for exam preparation.) Other References: 3.2 The Professional Engineers Act, Statutes of Ontario, 1990, Chap. P.28. © Ontario Regulation 941/90, and in particular, sections 72 and 77: Sec. 72 - Professional Misconduct (occasienally called “code of professional conduct”) Sec. 77 - Code of Ethics. = By-Law No, 1, 1984 (as amended, 1993), on PEO Administration, NOTES: PEO usually sends these 3 publications to each applicant with the exam instructions. ‘They are also available from PEO web site Sections 72 and 77 of Regulation 941 are also distributed with the PPE and, for convenience, they are included in the appendix to this manual. Part A - Practice and Ethics - Review Topics The next page lists the typical exam topics in the ethics textbook (Andrews and Kemper) and in the Professional Engineers Act (a provincial law) and Regulation 941/90 (a government regulation developed with input from PEO Council, but enforced under the authority of the Professional Engineers Act). Page 11 -- (revised Aug 2004)REVIEW TOPICS FOR PART A - ETHICS Canadian Professional Engineering Practice and Ethics: Review the following chapters of the ethics textbook (by Andrews & Kemper). Chap. 2 Regulation of the Engineering Profession ‘This is an overview of the organization and regulation of the profession. Chap. 6 - Principles of Engineering Ethics ‘This chapter discusses the ethical basis for codes of ethics, and describes a method for solving ethical problems, which is illustrated with an example. Chap.7_- Ethical Problems of Engineers in Industry Discusses ethical problems in industry - contains 6 solved case studies. Chap. 8 - Ethical Problems of Engineers in Management ‘Discusses ethical problems in management - contains 6 solved case studies. Chap. 9 - Ethical Problems of Engineers in Private Practice ‘Discusses ethical problems in private practice - contains 6 solved case studies. Chap. 10 - The Engineer's Duty to Society and the Environment Discusses ethical problems in the environment. Chap, 11 - Engineering Case Histories ‘These 9 case histories are famous examples in which poor engineering practice led to disaster. Chap. 14 - Disciplinary Powers and Procedures ‘This short chapter reviews the disciplinary process for professional misconduct. ‘Chap. 17- Writing the Professional Practice Exam ‘This chapter contains a strategy for answering exam questions (similar to the technique described jn this manual) and 20 essay-type exam questions from previous PEO exams (four with solutions). Try the short-answer and multiple-choice questions, as well. The Professional Engineers Act, Statutes of Ontario, 1990, Chap. P.28. ‘The Act is also explained in Chap. 2 of the ethics textbook. The most important sections are listed below. In particular, the purpose of PEO and the Certificate of Authorization are topics frequently asked on the PPB: Section 1. ~ Definitions Section 15. - Certificates of Authorization; Section 2, ~ Purpose of PEO; Section 23, i it Section 7. ~ Powers of Council; Section 27, Section 14.- Admission; « Section 40. Section 41. Ontario Regulation 941/90 The most important sections of Regulation 941 are: Section 72. - Professional Misconduct, and Section 77. - Code of Ethics. However, note that Question #1 on Part A of the PPE often asks questions of a general knowledge nature, such ‘as the types of licences and designations (temporary, limited, CofA, consulting, etc.) as well as questions relating. to the use of the engineer's seal (stamp). Therefore, Regulation Sections 42 through 49, Section 53 and Sections ‘56 through 70 also appear to be fair topics for this question. The video mentions By-Law 1, but recent exams hhave never posed questions on the By-Law. 2 mamma eRe A AAA AA ASAE EHOTEOAALEOL EOE OOO EEE19 09A2SDODLE559IT99990GN OOS ETOSOOOS OOOOH OS® B- Law and Liability - Exam Description Syllabus: The official description of topics for Part B ofthe exam is shown below in "short-hand" form, but the detailed list of chapters, given in the next section, is more useful and is easier to understand, 33 Legal concepts and basics relevant to professional engineers, including: the basic structure of the Canadian legal system; basics of business organizations; application of tort law principles in determining liability for negligence; limitation periods; essential elements and principles of contract law, including grounds upon which a contract may be impeached; tendering isues; interpretation, discharge and breach Efcontracts; contracts limiting liability, engineering and other specific types of contracts; Professional Engineers Act regulatory aspects; construction lien legislation; Competition Act issues of relevance to engineers; industrial property protection; employment laws. Specified Law Textbook: Law for Professional Engineers, 3rd Edition, Canadian and International Perspectives, (1996), (ISBN: 007552628-X) by D. L, Marston, published by McGraw-Hill Ryerson, 300 Water St., Whitby, Ontario LIN 9B6 Tel: (905) 428-2222 or 1-800 463-5885 (from Toronto) or 1-800-565-5758 (outside Toronto) Fax: (905) 430-5203 or web: http://www.megrawhill.ca (See trade books by ISBN) NOTE: The 2nd edition of this text (1985) is significantly out of date. ‘The 3rd edition includes important new and updated material. Dictionary: ‘You may find a legal dictionary may be useful to leam the law terms. The following is only one of several Canadian legel dictionaries which are available in any book store. However, itis nota specified text, and dictionaries cannot be used during the exam: = Pocket Dictionary of Canadian Law by D.A. Dukewell and B. Nuse, published by Thomson Professional Publishing, Scarborough, Ontario, 1991. 3.4 Part B-Law and Liability - Review Topics ‘The specified textbook, Law for Professional Engineers, Grd Edition, Canadian and International Perspectives, (1996), contains all ofthe required topics and it sa significant improvement over the 2nd edition, The chapters are brief, and the writing is concise, but easy to read (for a law book). Most chapters in the 3rd edition contain sample case studies, many with solutions orhints, The textbook also explains many previous legal cases which serve as "precedents." ‘The Appendix (page 315) contains excellent advice for writing Part B of the PEO Professional Practice Exam. and for further practice, also contains 20 "sample cases" in tort and contract law, similar to questions on previous exams. Section $ on page 319 of the text lists the chapters which are most important for writing Part B of the Professional Practice Exam. These chapters are also listed on the next page, for convenience. -13-REVIEW TOPICS FOR PART B- LAW ‘The most important chapters in Law for Professional Engineers, 3rd Edition, Canadian and International Perspectives (1996), as suggested on page 319 of the text, are: Chap. 1 - The Canadian Legal System Chap. 2 - Business Organizations ‘= Forms of Organization. "Private" & "Public" Corporations = Tax, Liability and Operational Implications Chap. 4 - Tort Liability Principles of Tort Law. = The Engineer's Standard of Care, = Strict, Vicarious and Products Liability. m= Standard of Care and Duty to Warn. Chap. 5 - Limitation Periods Chap. 6 - Proof Chapters 7 to 24 - Law of Contracts ‘Offer and Acceptance. Intent, Consideration, Capacity, Legality. Fraud, Misrepresentation, Duress, Undue Influence, Mistakes. ‘Tendering, Interpretation and Discharge of Contracts. Breach of Contract and Fundamental Breach. Client/Engineer Agreements, Concurrent Liability, Honesty. ‘Construction Contracts. Chap. 28 - Arbitration and Alternative Dispute Resolution (ADR) Chap. 30 - Lien Legislation Chap. 32 - Regulatory Aspects and Ethics Chapter 1 of this Study Guide covers this material in more detail. Chap. 33 - Industrial Property = Patents, Trademarks, Copyright, Industrial Designs, Trade Secrets. Chap. 36 - Laws Relating to Employment APPENDIX - Commentary and Sample Case Studies = Commentary — Hints and advice for the PEO Professional Practice Exam. = Sample Tort Cases - Example cases similar to previous exam questions. = Sample Contract Law Cases - Similar to previous exam questions. -14- mmm mm eme meee ee2OAGlOlCLCOCCeCOCeeCCeECCeeCeeeé&FIIAPELH HOH HHHHHTOT TORO SOOSOE SOLO OOOOES OS® CHAPTER 4 STUDYING FOR THE EXAM 4 NOTE: This chapter telis you how to study. If you want to skip this basic but useful advice, fast forward to Step 5 on the video-tape, at 47:10 approximately. 41 Developing 2 Positive Attitude No one likes exams! However, ithelps if you develop a positive attitude ~ even if i's just temporary. Exams were originally devised, centuries ago, to ensure feimess by preventing favouritism, and the Professional Practice Exam is simply # method of ensuring faimess. Applicants are admitted to the engineering profession because of their knowledge and ability, and not because of influence, bribery or luck. There are no limits to the number of applicants who can pass, and the failure rate for the Professional Practice Exam is presently about the ‘same as the failure rate for most university courses. “The Professional Practice exam serves a useful purpose and is nota trivial challenge. The exam is also a good Jeaming experience; infact the effort pu into summarizing and organizing the material in preparation forthe exam is usually very efficient learning, and will make you a more professional and effective engineer. However, you will have serious problems if you arrive at the exam: "unprepared or unfamiliar with the examination format, or + lacking a methodical strategy for answering essay-type exam questions. ‘This chapter deals with the problem of preparation, and the next chapter describes a strategy for answering the exam questions in the expected essay format. Ifthe advice in these two chapters is followed, then the exam will be a challenging experience, but you will pass easily. 4.2 How Much Study Do You Need? “The amount of preparation you need depends on your previous education and personal background, You rust decide where you fit inthe following three categories: © Average Preparation: Most applicants will not have taken a previous course for this exam. For these applicants, the minimum recommended preparation is at least 40 hours of study. This time estimate is reasonable, since the topics covered by the examination are the subject of two separate university ‘courses. Since a typical university course requires 20 to 30 hours of lectures (and a similar amount of study), then 40 hours of preparation is very reasonable for the average applicant with no previous ‘preparation. © Less Preparation Required: Applicants who have taken a university course in Engineering Ethics or Engineering Law (or both) have already written exams similar to the Professional Practice exam, so the ‘preparation required may be greatly reduced. However, even these candidates usually require at least 20 hours of serious preparation for good results. © More Preparation Required: Applicants who have received most or all of their education in a foreign university may be unfamiliar with the ethical conventions and the legal system in Canada, and may not be as proficient in writing English as the average applicant. These applicants will require additional time to stady the basic concepts and to practise writing exam solutions. An estimate ofthe preparation needed ‘Micult to set, but students who fall in this category should allow at least 60 hours for study and -15-i , ; a your schedule to cover the exam Itis your responsibility to decide how much study is required (and to arrange Your $0) wee Yea ne iacussed in the next section). Begin with the 40-hour sezo™mendarion, and edd or subiract preparation time, depending on your familiarity with the topics in the exam iption. 43 Organizing Yourself for Effective Study . ti Tocveeed en the Professional Practice exam, the secret is to organize Your study o thas tis effective, rather than spending long tedious hours at low efficiency. Study cleverly notlonger. The Uist a includes 4 few basic points that are just common sense, but are worth repeating: * S00" #s ‘he exam te has been chosen, you should: ‘tei se and any important social events, (@) Makeup a schedule. Use a large calendar and write in the exasm 3366 appointments etc. Then count the number of free days remainin& Cop exam These are the hours ver which you have some control, Arrange your schedule so that 908 can cOmpIcts Your ay Re topics at least one week before the exam. Be sure to schedule at lea Reiraee oa a ed ly requirement that you defined in the previous section. Avoid ‘wgramming” all your study into the last week. () Geta regular place to study. If you do not have a quiet room at BOE OF ‘work for studying, use the study desks in the public library (or in a university library, if one nearby) . them! When you are studying, do (©) Beserious about your study. Buy the textbooks, open them and use . it Itwil be done sooner and you can move on to other things. Do™* de two things at once, such as watching TV with your books open; you only waste time. (@)_ Besystematic in your study. Your study should be done in thre® eo . First, read the purpose, description and topic outline for 5 ‘Second, acquaint yourself with the main topics by reading the textbooks aad Third, stady the case studies in the textbooks and problers "om Previous exams. mmmaries: and sample solutions. These ‘and’ ‘will be particularly valuable for a fast (©) Prepare brief review notes as you go, containing definitions, notes give you an easy method of reviewing the topics quickly, review, on the day before the exam. You should have started () Reserve the day before the exam for a final scan of your revie™ HOXEK. Nu i studying early enough that you can spend some time on the last d3Y' seanning your review notes, solving cold exams, and committing key points to memory. 4.4 Preparing Review Notes ' ‘Your exam result wil always be better if you prepare review notes. Ter Are 9 reasons for this: Firs, the action of writing out the key concepts, in our own words, helps toembed tte ideas in your memory. Second, the review notes are very useful for last-minute skimming or scanning 0° KEY topics. However, this is personal decision, which only you can make. ‘As an altemative, many people prefer to “highlight” the key topics inthe 800K as they sudy. A igh ighted text is useful for skimming the subject, but it doesn' give the memory reinfoeemns oblaines om Wain oe key concepts in your own words, Give the matter some thought and desde Which method you want fo use (ceview notes or highlighting) before you start your review. Remember thet the "Law of Diminishing Returns" applies to studying. 1fyo» double the time spent on evict, you (usually) will not double the grade that you receive. “an enginesr must se FF an optinum return forthe time invested, so the secret is to: “Plan your study, and follow your plan.” -16- SOReePPPOPeseeeCeeCCCCCCCeCeKettttetetNeeNKaE9568 SIIIPESCCOOSTHOODTPIIIBIISVOSSSSO LOOSE 4.5 Writing Solutions to Sample Questions ‘The best way to test your knowledge of ethics and law is by writing sample solutions to old exam questions. You cannot say that you have mastered the subject unless you can demonstrate your skill by writing Solutions. Think of the analogy with your favourite singer. He or she must practise the performance, because simply knowing the words to a song is not enough. Therefore, to ensure that you are prepared, try to write out solutions to several (at least 5 or 10) sample questions. ‘When you write solutions, follow the strategy described in Chapter 6, which gives you a methodical procedure for attacking each question. However, remember that problem-solving isa skill that requires practice. Therefore, test yourself with the questions at the end of this manual. ‘These chapters and the Appendix contain ‘exam questions from previous PEO Professional Practice exams. The textbooks also contain typical exam ‘questions, and copies of an old exam may be obtained from the PEO web site. Old exams also help you to set priorities for studying: List the topics of questions on the old exams and compare them with topics inthe exam ‘outline. The topies that appear most frequently should be your top priority. 4.6 — Studying with a Discussion Group ‘Atechnique that works very effectively for exam candidates is discussing the various cases with a friend cor group of colleagues. It is not necessary to create a formal discussion group, since an informal meeting with ‘2 professional engineer, or with another exam candidate, will serve the purpose. It may be difficult to find another person who is writing the same exam as you are. However, your company ‘most likely employs a professional engineer who would be willing to meet with you for an hour or two to discuss typical exam questions. A notice on your company bulletin board, or in your company newsletter, might help to start a study group. If you are completely unable to find a professional engineer or an exam candidate, itis sometimes useful to discuss the questions and answers with a friend or colleague. Since ethics and law apply throughout our society, everyone can offer some opinion. Discussing the problems helps to clarify the ideas in your mind, and is very useful experience. 47 Onthe Day of the Exam 7 Even if you are well prepared, it is human nature to feel slightly tense before an exam; this is normal, Don'tletit bother you; everyone else feels the same, although they may not show it. The suggestions below may help you: ‘+ Leave early, Before you leave home, check that you have enough pens, pencils, and personal items (medicine, cough drops, etc.) if needed. Use the toilet before you leave home and/or before you enter the exam room. You should take a short walk before the exam, The mild exercise helps to combat anxiety and clear your mind. «© Read the exam paper thoroughly! Many people waste precious exam time giving excellent answers to questions that were not asked. If you cannot understand a question, and you believe that it contains an error, you cannot ask a question, because the exam supervisor is not allowed (or able) to help you, You must write a statement in the exam booklet explaining how you interpret the question, and then answer it, When the exam is marked, you will get full marks if there is an error in the question. If there is no error in the question, you probably will tll get a good mark, if your reasoning is correct for the question, as you re-stated it. ‘«Allot your time, and solve the easlest questions first. Allot your time according to the marks given for ‘each question (the marks are usually shown on the cover page or in the margin). Usually, each part of the exam takes 90 minutes, and there are usually about four questions of equal value, Therefore, you should allot about 20 minutes per question, leaving 10 minutes for review of each part. Always try the ‘easiest questions first. When you solve the easy questions, you develop a sense of confidence, which <7helps you solve the difficult questions. If you get "stuck" on a really difficult question, read it thoroughly, then leave a space and go on to the next question. ‘Your mind will work on the difficult question subconsciously; when you come back to it, you may be surprised that you know the answer. ‘The examiner who sets and grades Part A of the Professional Practice Exam has asked me to emphasize to the candidates that they have 3 hours to complete both parts A and B of the Professional Practice Exam, and they may begin on part B as soon as they have finished part A. The nominal time is 90 minutes for each part ofthe exam, but if you are writing both parts then time saved in writing one part ‘may be spent on the other part. Do not waste any time. Write clearly and use a methodical problem-solving strategy. This shows an organized and disciplined approach to problem-solving, and always results in « higher grade. A methodical problem-solving Strategy is described in the next section ofthis manual, In the ethics questions, always cite (refer to) the appropriate sub-sections, by number, inthe Code of Ethics and definition of professional misconduct (Regulation 941, Sections 72 and 77). In the law questions, try to cite previous cases of a similar nature ("precedents") since they are the basis of Canadian common law. Ifyou run out of time, write down how you would solve the problem if you had more time. This explanation is better than nothing. Remember that the exam is a communication with the examiner, so you may write any comments in your exam booklet that help to explain your opinion. ‘THREE IMPORTANT HINTS: PART A- The examiner who sets and grades PART A of the PPE has asked me to explain that, when applying the READ - EGAD! - SUMMARIZE procedure, oo many candidates spend almostall oftheir time on the E,G,A steps (Ethical issues, Generation of altematives, and Analysis) and not enough time ‘on explaining step D! (the Decision) and the SUMMARY. This usually results ina short and incomplete fanswerto the question. Remember that the EGAD! process is intended merely to help you think about the problem in an orderly way, Itis not necessary to write out these steps; your grade will be based on how well you have explained your decision in your written summary, so start to write as soon as youcan, PART B~ The person who sets and grades Part B of the exam is a prominent lawyer and Professional Engineer. He has asked me to “emphasize tothe candidates the importance of closely studying the text ‘material in preparation forthe examination. All oo often, in answering, unsuccessful candidates simply jdentify legal concepts without indicating an awareness of the meaning ofthe legal principle. Providing ‘conclusions without reasons doesn't indicate to the marker that the candidate has a sufficient awareness of the nature ofthe legal principle. Reliance on memorizing sample examination solutions also occurs too often. These are problems reflected on many recent unsuccessful exam papers. It's really important to convey to the candidate that a detailed appreciation ofthe text material srequired, asthe vast majority of failures simply stem from lack of preparation.” DIFFERENCE BETWEEN ETHICS & LAW: As mentioned on the video-tape, ethics is a code of ‘behaviour which one follows in order to avoid problems with the law. Another way of expressing itis that "Ethics is what you follow to avoid bad things from happening, and Law is what you must follow after bad things heppen.” The people who grade the exams have suggested that it is not wise to mix ‘thies and law in your answers on the PPE. Thatis, your answers to the ethics questions should be based mainly on the Professional Engineers Act and Regulation 941, Section 77 (the Code of Ethics) and Section 72 (the definition of professional misconduct) and concepts from the ethics text. On the other hand, your answers to the law questions should be based on Canadian law, such as the laws of tort and contracts and the previous law cases (“precedents”) which are discussed in the law text. Separating the concepts simplifies the marking. ae ee ee ee ee eeea Oe CHAPTER 5 A STRATEGY FOR 5 ANSWERING EXAM QUESTIONS NOTE: A few readers of this Study Guide called this exam answer strategy the most useful part of the video, The strategy works for law questions as well. The strategy is explained, starting at 47:10 on the video-tape. It should not be skipped. 5.1 The "EGAD" Strategy for Answering Exam Questions ‘Your education prepared you to solve engineering problems methodically, but now that you are entering engineering practice, you also need a strategy for solving ethics and law problems. A six-step strategy is described in the ethics book, Canadian Professional Engineering Practice and Ethics, 2nd edition, in Chap. 17. (An up-dated form of the strategy is also in Chapter 17 of the 3rd edition). The strategy was adapted from the problem-solving technique taught in most engineering design courses, but it is also very similar to the problem- solving technique taught to law students, and it can be applied to both parts of the professional practice exam. ‘The six-step strategy is easily remembered by the three words: READ - EGAD! - SUMMARIZE. ‘The acronym "EGAD!" (an old English exclamation of surprise) is explained below, and is then demonstrated by two examples which are similar to previous exam questions: Step 1: READ - Read the problem thoroughly, You must gather the facts and separate the key facts from ‘unimportant details. Highlight or underline key facts on the exam paper; do not copy the question into the exam book, since this takes valuable time which should be spent on your answer. Step 2: E - ETHICAL/LEGAL ISSUES - Identify the ethical problems or legal issues. In the professional practice exam, the questions usually give you hint. For example: "Has Mr. Smith broken the Code of Ethics?” for "What potential tort liabilities arise from this incident?” These questions help you to identify the ethical or Tegal area. However, some exam questions may say simply: "Explain and discuss this case.” You must think of similarities to previous cases. Ifthe ethical or legal issue is not immediately clear, then analyze the behaviour or facts by asking yourself the following “Who2/What?/How?/Which?” questions: Who is involved? (Who has caused harm, or might cause harm, and to whom?) What type of harm or damage has occurred? (or may potentially occur?) How has this harm oceurred? (or may potentially occur?) ‘Which principles of ethics or law appear to apply to this behaviour? Step 3: G- GENERATION - Generate (or identify) possible courses of action, The goal, inthis step, is to “generate” (or imagine) all the alternatives. An exam question will usually state an ethical dilemma in a way that implies two alternatives, both of which are undesirable. However, you may be able to suggest a third possibility, which is better. The Generation step applies readily to most ethics problems, particularly if the question asks "What should you do?” However, it may apply differently in some law questions, where several different laws ‘may apply, and you must “generate” (remember) the appropriate laws. Step 4: A- ANALYSIS - Analyze the possible courses of action (or applicable laws). When there are several courses of action (or several laws or regulations) which apply to a given situation, you must analyze the results for each course of action (or test the applicability of each law or regulation). Page 19 -- (revised Aug 2004)Step 5: D- DECISION - Makea logical decision. ‘The analysis in the previous step should show that only one course of action is best (or one law or regulation properly applies). If you face a dilemma, with two equal choices, you must decide which is better (or the least undesirable). Step 6: SUMMARY - Write a professional summary of your answer. Finally, you must explain your answer clearly, logically and neatly. You can‘t afford to waste time, so you must practise writing good answers. Your ‘answer should start with your decision or conclusion, which answers the question asked by the examiner, then ‘explain why you came to that conclusion. ‘The EGAD method is intended to help you think logically. It is a useful technique to help you get started and toarrive at adecision, but you usually would not include the (EGAD) steps in your final answer. In your answer, itis most important to: 2 state your decision or conclusion clearly, and then (if possible) ‘> cite the appropriate sub-section numbers (from the Regulations) for the ethies questions, and 5 cite previous cases (or "precedents") for the law questions. Itis very rare that you will have time to discuss the EGAD steps, the alternative courses of action you considered, or any other principles, regulations, precedents or laws that affected your decision. 5.2 Part A- Practice and Ethics - Solved Exam Question (a) Part A - Sample Ethics Question: Alice Smith, P.Eng., has several years experience working in structural steel design and analysis, as an employee of the" ABC corporation. She is approached by a close friend, John Ford, who is an electrical engineering graduate, but is not licensed as a professional engineer. Ford has designed a structural stee! building, which will be attached to an existing building at the XYZ. corporation, for which he works. Since Ford is not licensed, he asks Smith if she will sign and seal the building drawings, so that they will be approved by the city official who issues the building permits. Ford says that the design for the new building is almost identical to the original structure, s0 her signature is merely a formality, and offers Smith $100 if she will sign and seal the drawings. The structural steel materials and fabrication are estimated by Ford to be worth about $100,000, Is it ethical for Ms. ‘Smith to sign and sea! the drawings? (b) Applying the EGAD! solution strategy: The six-step READ - EGAD! - SUMMARY strategy can be applied here. It should be carried out mentally or written in rough point form on the left-hand page of the answer booklet. Although the EGAD! strategy is an orderly method for attacking the problem, only the SUMMARY is awarded a grade. ‘Step 1: Read the problem thoroughly. ‘Step 2: E - Ethical Issues: Identify the ethical or legal issues by answering the key questions: ‘© Whois involved? Smith - licensed structural engineer - works for ABC corp. Ford - not licensed - electrical education - works for XYZ corp. ‘© What harm could occur? If Smith puts her seal and signature on the drawings, she assumes the professional liability for the entire $100,000 structure. © Howcould the harm occur? In case of a failure, Smith could suffer great financial and professional harm, if the drawings were at fault. ‘© Which principles of ethics applies? This problem involves professional misconduct, and also might be considered “negligence” if Ms. Smith approves a faulty structure. The definitions of professional misconduct and negligence are in Regulation 941/90, Section 72(1) and 72(2). We see clearly that 20