Law & Ethics

(Ethics Module - 2012)

J. Edward Kinley P. Eng. MBA Kinley@unb.ca, kinley@nb.sympatico.ca, edward.kinley@gnb.ca (Blackberry) B 444.5897 H 454.8372 Office: Suite 548 Centennial Building, @kinleyunb New Brunswick Department of Economic Development

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Oxford Dictionary

ethics eiks |!"#$ks| |!"#$ks|

plural noun 1 [usu. treated as pl. ] moral principles that govern a person's or group's behavior : Judeo-Christian ethics. the moral correctness of specied conduct : the ethics of euthanasia. 2 [usu. treated as sing. ] the branch of knowledge that deals with moral principles. Schools of ethics in Western philosophy can be divided, very roughly, into three sorts. The rst, drawing on the work of Aristotle, holds that the virtues (such as justice, charity, and generosity) are dispositions to act in ways that benet both the person possessing them and that person's society. The second, defended particularly by Kant, makes the concept of duty central to morality: humans are bound, from a knowledge of their duty as rational beings, to obey the categorical imperative to respect other rational beings. Thirdly, utilitarianism asserts that the guiding principle of conduct should be the greatest happiness or benet of the greatest number.
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Engineers who declared mall structurally sound were guilty of professional misconduct in 2010 - The Globe and Mail

12-09-10 7:43 PM

ELLIOT LAKE TRAGEDY

Engineers who declared mall structurally sound were guilty of professional misconduct in 2010
STEPHEN SPENCER DAVIS The Globe and Mail Published Saturday, Jul. 14 2012, 6:15 AM EDT Last updated Saturday, Jul. 14 2012, 6:13 AM EDT

Two engineers who this year signed a letter declaring the Elliot Lake Algo Centre Mall structurally sound were found guilty of professional misconduct for work on an unrelated project by a provincial regulatory body in 2010. The Ontario Provincial Police are conducting a criminal investigation into the Algo Centres collapse on June 23, which killed two people and injured several more. A judge was recently appointed to head a public inquiry.

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Law and Ethics

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Law and Ethics

Law

Ethics

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Two Sections
Usually the course switches instructors at approximately week six

Law

Ethics

Ethics

Law

There is either an Ethics or Law exam at the change and another exam will Be held during Final exam period

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Harvard Business Review

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What is Ethics

The study of Right and Wrong, Good and Evil Ethical Theory provides guidance to behaviour through law and ethical codes Engineering Governance!

Laws and the Engineering Geoscience Act Association By-laws! Code of Ethics
2
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Ethics and Law

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Major Topics

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Major Topics
Introduction to engineering and geoscience Regulation and Codes of Ethics Organizations Tenders and Requests Ethics in Industry, management practice Environment Computers Intellectual Property Social Implications Occupational Health and Safety Competency
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Marking
Percentage Mark (%) 85-100 80-84 75-79 70-74 65-69 60-64 55-59 50-54 45-49 40-44 A+ A AB+ B BC+ C D Fail Letter Grade

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Plagiarism Dont do it!! Consult University Policy

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How to cite Something

Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Quoted stuff ljkjakjnn ansjkjjksjka !! jakjkjanxkjn xjkanjkjnkaak bjabj !ajkajk kahk [1] or 1 Bla Bla Bla Bla Bla Bla Bla Bla Bla Bla Bl Bla Bla Bla Bla Bla Bla Bla Quotations are a must!!!
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Class Mark Participation

Maybe based on completing assignments Use to improve marks Plagiarism: Class Mark may become zero!

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Get electronic versions of the Act and By-laws

PDF versions at http://www.apegnb.com There is a links section from the online course material that contains this link and others.

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Without ethics, business can't be done

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Why is Ethics Important?

TIME Magazine

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Why is Ethics Important?

TIME Magazine

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http://gbr.pepperdine.edu/022/images/ethics.gif

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Socrates. (470-399 BCE)

all I know is I know nothing :

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Moses and the Ten Commandments

The Ten Commandments
I. Thou shalt have no other gods before Me II.Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth III.Thou shalt not take the name of the LORD thy God in vain IV. Remember the sabbath day, to keep it holy V.Honour thy father and thy mother VI.Thou shalt not murder VII. Thou shalt not commit adultery VIII. Thou shalt not steal IX. Thou shalt not bear false witness against thy neighbour X.Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife... nor anything that is thy neighbour's

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Aristotle(384-322 BC)

Aristotle's Nicomachean Ethics is an analysis of character and intelligence as they relate to happiness. Aristotle distinguished two kinds of virtue, or human excellence: moral and intellectual. Moral virtue is an expression of character, formed by habits reflecting repeated choices. A moral virtue is always a mean between two less desirable extremes. Courage, for example, is a mean between cowardice and thoughtless rashness; generosity, between extravagance and parsimony.

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John Locke 1632-1704

States that everyone
has rights.

Fundamental
freedoms; conscience, religion... liberty...

Legal rights; life, Equality rights

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Immanuel Kant (1724-1804)

Theory of duty
ethics, or formalism act in a correct manner.

fundamental duty to

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John Stuart Mill (1806-1873)

Best Choice
produces maximum benet

Utilitarianism basis for democracy

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Niccolo Machavelli 1469-1527

Author The Prince and the
Art of War means

The End justies the Machiavelli tombstone lies

next to Galileo Galileis and Michelangelo.

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Engineering History

Engineering evolved from Science and the Military In Canada CSCE was for in 1887 About the same time the rst engineering program in Canada was set at UNB

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Piers from Early Railway Construction Scotland

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History Continued

CSCE becomes EIC in 1918

Admissions requirement: 30 Y/O and 10 yrs experience

US Regulation in Wyoming in 1907 1920 NB and other Canadian Provinces Regulate

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Self Regulation

History Continued
The Obligation of the engineer 1925 The Iron Ring CCPE formed 1936 CEAB formed 1965 APEGGA regulates geology/geophysics 1970s CAE formed 1987 CCPG Formed 1997 APEGNB created from APENB 1999
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Calling of an Engineer

Quebec Bridge

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Why is Engineering Regulated?

Its a profession like medicine or law. think of others when they think of Professionals themselves.
assure the public that engineering meets certain To standards.

Engineering is dened by law and ethical codes. The bottom line is to protect the public
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Standards like accreditation

What is Regulated ?

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What is Regulated ?
The titles engineering, professional
engineering

The practice of engineering

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Engineering in Canada
Engineers Canada

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Ethical Issues

Employer or Client!
Illegal Acts Code of Ethics Contrary to your conscience
14
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Engineering Governance

Engineering and Geoscience Professions Act 1999 Association By-laws

Code of Ethics

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Objects (EGP Act Section 6)

6 The objects of the Association are: (a)to regulate the practice of engineering and geoscience and to govern these professions in accordance with this Act and the by-laws; (b)to establish and maintain standards of knowledge and skill among its members; and (c)to establish and maintain standards of professional ethics among its members, in order that the public interest may be served and protected.

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Denition of Engineering
EPGA Section 2 "practice of engineering" means the provision of services for another as an employee or by contract; and such services shall include consultation, investigation, evaluation, planning, design, inspection, management, research and development of engineering works and systems;

2(2)Without restricting the generality of the definition of "practice of engineering", engineering works and systems shall include: (a)transportation systems and components related to the movement of goods or people by air, water, land or in outer space; (b)works related to the location, mapping, improvement, control and utilization of natural resources; ...
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Denition of Engineering Works

EPGA Section 2 ... (h)investigations, evaluations, consultations or management relating to geoscientific properties, conditions or processes that may affect the well-being of the general public; (i) the discovery or development of water resources, and investigation of surface or subsurface geological conditions; and (j)!the use of computer systems and software relating to any engineering performed under paragraphs (a) to (i). 2(3) The practice of engineering and geoscience includes

the use of computer systems and software relating to such practice.

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Denition of Geoscience
EPGA Section 2
"practice of geoscience" means the provision of services for another as an employee or by contract, including reporting, advising, acquiring, processing, evaluating, interpreting, geological surveying, sampling or examining related to any activity that requires the professional application of the principles of the geological sciences, including

(a) activities directed toward the discovery or development of oil, natural gas, coal, metallic or non-metallic minerals, precious stones, water resources or the investigation of surface or sub-surface geological conditions; and

(b) investigations, evaluations, consultations or management related to geoscientific properties, conditions or processes that may affect the well-being of the general public;

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Admissions Process
Apply to the Admissions Committee Graduate from University Canada & USA Engineer in Training (4 years) Apply to Admissions Committee & Council P.Eng./P.Geo. Board of Examiners Experience Review Committee

Log Book Committee

Professional Practice Exam

Others

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Internship;Engineers and Geoscientists in Training

Practical Experience! Application of Theory! Management! Communications Social Implications

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Professional Conduct and Discipline (Members) (Enforcement - Public)

Complaints Enforcement Issues Does it warrant action Professional Conduct Committee

Council

Discipline Committee

Enforcement Discipline
Director of Professional Affairs
Courts

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Professional Conduct and Discipline (Members) (Enforcement - Public)

Complaints Enforcement Issues Does it warrant action Professional Conduct Committee

Council

Discipline Committee

Enforcement Discipline
Director of Professional Affairs
Courts

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17(6)

Receive Complaint Information Gathering (1st) PCC Consideration

Professional Conduct Committee Operation Procedures

17(7)

17(7)

Drop

Pursue

Notify Complainant

17(7)

In-depth Investigation PCC Meet & Access (2nd)

Pursue

17(7)

Drop

Notify Complainant

17(7)(a)

Written
Complaint

17(7)(a)

Notify Defendant

17(7)(b) 17(9)

PCC Considers Defendant Responds

(Continued)

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17(7)(b) 17(9)

PCC Considers Defendants Response

Professional Conduct Committee Operation Procedures (Continued)

Pursue Prepare Association File - Affidavits Reports, Records, Etc Develop Arrangement for Presentation & Conduct of Case During Hearing. Assign Person to Conduct

Drop
17(11)

17(10)(b)

Advise Registrar

17(10)

Resolve with or without parties Advise Registrar

17(7) 18(7)

17(11) 18(7)(a)

17(9) 18(4)

Referred from Council

17(10)(a) 18(7)(a)

Advise Discipline Committee

Advise Registrar
17(11)

18(7) 18(14) 18(15) 18(17)

Hearing
18(7)(a) 18(14) 18(22) 18(23) 18(25) 18(10) 18(11) 18(12) 18(10) 18(11) 18(12)

Present Association Evidence - Statements -Affidavits -Reports Examination by Defendant

Attend Hearing: Assist in Case Presentation & Conduct as Appropriate - Documents - Testimony - Cross Examination

Panel of Discipline Committee Renders Decision DPA Implement/Monitor/Enforce

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Laws specically relevant to civil engineers (builders) were:228. If a builder has built a house for a man, and nished it, he shall pay him a fee of two shekels of silver, for each"SAR"built on." 229. If a builder has built a house for a man, and has not made his work sound, and the house he built has fallen, and caused the death of its owner, that builder shall be put to death." 230. If it is the owner's son that is killed, the builder's son shall be put to death." 231. If it is the slave of the owner that is killed, the builder shall give slave for slave to the owner of the house." 232. If he has caused the loss of goods, he shall render back whatever he has destroyed. Moreover, because he did not make sound the house he built, and it fell, at his own cost he shall rebuild the house that fell." 233. If a builder has built a house for a man, and has not keyed his work, and the wall has fallen, that builder shall make that wall rm at his own expense."

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