Professional Engineering Ethics, OIQ Codes, and Sustainability

Case 7: Nuclear Energy Analysis

Nuclear energy is often considered environmentally friendly as it emits no CO2 during operation.

The reaction involves nuclear fission (splitting the nucleus) of uranium. The energy derived is stored within the atom’s nucleus.

Advantages of Nuclear Energy (Pros)

  • Low Pollution: No CO2 or methane is emitted during power generation.
  • Low Operating Costs: Nuclear power produces very inexpensive electricity. The cost of uranium fuel is low. Although the expense of setting up nuclear power plants is moderately high, the cost of running them is quite low. The normal life of a nuclear reactor is anywhere from 40 to 60 years.
  • Reliability: It is estimated that, at the current rate of consumption, we have enough uranium for another 70–80 years. Nuclear plants can run uninterrupted for a year, unlike energy derived from wind or sun.

Disadvantages of Nuclear Energy (Cons)

  • Environmental Impact: The process of mining and refining uranium is not clean. Transporting nuclear fuel to and from plants poses a pollution hazard.
  • Radioactive Waste Disposal: A significant amount of radioactive nuclear waste is produced. This waste must be stored in a special place so it will not harm people.
  • Nuclear Accidents: Events like Chernobyl and Fukushima posed serious environmental concerns, resulting in harmful effects on humans and ecology.

Case 9: OIQ Code of Ethics and Professional Duties

Duties and Obligations Towards the Public

  • Must respect obligations towards the public and be responsible for the consequences of the performance of work on the environment, life, health, and property of every person.
  • Improve the quality and availability of professional services and promote educational measures in the field.
  • Notify the OIQ or persons responsible for work that may pose a danger.
  • Opinions on engineering matters must be expressed only based on sufficient knowledge.

Duties and Obligations Towards Clients

  • Bear in mind the extent of aptitudes and the means available to carry out the mandate before accepting it.
  • Retain the services of experts after having obtained the client’s authorization.
  • Refrain from practicing under conditions which could impair the quality of services. Must acknowledge the client’s right to consult another engineer and offer cooperation to the latter.

OIQ Codes (Continued 1)

1. Integrity

  • Fulfill professional obligations with integrity.
  • Inform the client of the extent, terms, and conditions of the mandate and obtain agreement in that respect.
  • Refrain from giving contradictory or incomplete opinions or advice, and from presenting any ambiguous document.
  • Inform the client of any error in the mandate.
  • Take reasonable care of the property entrusted by a client and may not lend or use it for other purposes.
  • When an opinion is ignored regarding a technical engineering problem, the engineer must clearly indicate to the client, in writing, the consequences which may result.
  • Not tolerate dishonest or doubtful practices and never pay or undertake to pay a rebate or commission in order to obtain a contract.
  • Must be impartial in relations between the client and the contractors.

2. Availability and Diligence

  • Show availability, diligence, and provide the client with explanations necessary for the understanding of the services provided.
  • An engineer may not cease to act for the account of a client unless there are reasonable grounds for doing so, such as: a situation of conflict of interest, illegal, unfair, or fraudulent acts, or when the client ignores the engineer’s advice.
  • Before ceasing to exercise functions, the engineer must give advance notice of withdrawal within a reasonable time.

3. Seal and Signature

  • Must affix the seal and signature on the original and copies of every engineering plan, consultation, report, layout, study, drawing, and specification prepared by themselves or prepared, signed, and sealed by another engineer.

4. Independence and Impartiality

  • Subordinate personal interest to that of the client and ignore any intervention by a third party which could influence the performance of professional duties.
  • Never accept any benefit or rebate in money from a supplier of goods or services relative to engineering work performed for the account of a client.
  • In a situation of conflict of interest, the engineer must notify the client and ask for authorization to continue the mandate.
  • Share fees only with a colleague for the purpose of services and responsibilities distribution.
  • In carrying out a mandate, the engineer shall act only for the client. Fees shall be accepted only from the client or their representative.

OIQ Codes (Continued 2)

5. Professional Secrecy

  • Respect (and never use against clients) any confidential information obtained; releasing it only with the authorization of the client or as required by law.

6. Access to and Correction of Records and Release of Documents

  • Act no later than 30 days following receipt of any request made by the client for the purposes of:
    • Examining and obtaining copies of documents concerning them in any record established in their respect, and giving the client access to them.
    • Correcting inaccurate, incomplete, or ambiguous information.
    • Deleting any information that is outdated or not justified.
    • Placing written comments in the record established in their respect.
  • May charge the client (by informing them) a reasonable fee not exceeding the cost of reproduction of a copy.
  • An engineer who refuses to allow a client access to information contained in any record established in their respect must furnish the client with the reasons for such refusal in writing.
  • Upon receipt of a request in writing from the client, an engineer shall send, without charge to the client, a copy of such information.

7. Determination and Payment of Fees

  • Charge and accept fair, reasonable, and justified fees that correspond to the services rendered. In determining fees, the engineer must take responsibility, time, difficulty of the mandate, and performance of unusual services as factors.
  • Inform the client of the cost of services and terms of payment. May request a deposit but not advance payment of fees.
  • Must give the client all the necessary explanations to understand statements of fees and the terms of payment.

Duties and Obligations Towards the Profession

It is disrespectful to the dignity of the profession to:

  1. Participate in the illegal practice of the profession.
  2. Pressure or induce someone to make use of professional services.
  3. Communicate with the person who lodged a complaint without the permission of the Syndic.
  4. Take legal action against a colleague before applying for conciliation to the President of the Order.
  5. Refuse to present oneself at the office of the Syndic upon request.
  6. Not notify the Syndic without delay if there is a belief that an engineer infringes this Regulation.
  • Must accept the duty of participation in a council for the arbitration of accounts, a committee on discipline, or a professional inspection committee if requested by the Order, unless having exceptional grounds for refusing. Must answer all questions.
  • Never abuse a colleague’s good faith or be disloyal towards them or willfully damage their reputation.
  • Shall Not:
    1. Take credit for engineering work which belongs to a colleague.
    2. Take advantage of the capacity of employer to limit the professional independence of an engineer employed.
    3. Induce a colleague to commit an offense against the laws and regulations governing the practice of the profession.

OIQ Codes (Continued 3)

  • Where a client requests an engineer to examine or review engineering work that they have not performed themselves, the latter must notify the engineer concerned and, where applicable, ensure that the mandate of the colleague has terminated.
  • Must notify the colleague being replaced and make sure that the latter’s mandate has terminated.
  • An engineer who is called upon to collaborate with a colleague must retain professional independence. If a task entrusted goes against conscience or principles, they may ask to be excused from doing it.
  • Not to refuse to collaborate with a member of the Order, in professional dealings, on the basis of race, color, sex, religion, national, ethnic, or social origin.
  • Sharing knowledge and experience with colleagues, students, and by participation as a professor or tutor in continuing training periods.

Obligations Regarding Advertising, Promotion, and Partnership Names

  • Never use false, misleading, or incomplete advertising with respect to professional activities and services.
  • Information given must be of a nature to help the public and should be done with integrity and professionalism.
  • Give name and professional title in all advertising services and shall not:
    1. Invade a person’s privacy.
    2. Undermine anyone’s reputation.
    3. Compare the quality of services to that of others.
    4. Discredit the services offered by other engineers.
  • Never attribute experience, professional, or academic qualifications unless able to justify them.
  • An engineer shall ensure that the persons working with them comply with the rules concerning advertising.
  • An engineer who 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, and shall:
    • Specify the nature of the services included in such prices and whether or not fees are included.
    • Indicate additional services with extra fees or prices.
  • Specify how long a special price or discount is valid. This period may be less than 90 days.
  • Must keep a copy of all advertising for a period of 3 years following the date of its last broadcast or publication.
  • The name of an engineering partnership includes only the names of the engineers who are practicing their profession together. It may not include the name of a deceased or retired associate engineer for more than one year, unless they or their legal representatives had made an agreement in writing to the contrary.
  • When an associate engineer withdraws from a partnership to practice alone, to join another partnership or business, or to hold a position incompatible with the practice of the profession, their name must be eliminated from the partnership name within 30 days of withdrawal, unless there is a written agreement to the contrary. In all cases, the agreement may not stipulate a period of more than 1 year.
  • The name of a partnership of engineers may end with the words “and associates” when the names of at least 2 associates are not included in the name.
  • An engineer practicing in a partnership is jointly responsible with the other professionals for following the rules concerning advertising.

Lecture 3: The Relationship Between the Engineer and the Client

Definitions

  • Engineer: A person designing or selecting materials, structures, processes, and systems while considering limitations imposed by practicality, regulation, safety, sustainability, environmental impact, and cost.
  • Client: A person or organization who pays a professional person or another organization for services.

Agreements are needed to establish and retain effective working relationships between clients and engineers.

Agreements must state everything outside of what a professional engineer is already bound in duty to the public, to other engineers, and to clients, under the provisions of the Engineers Act, the Code of Ethics of Engineers, and by law.

Three Types of Agreements

  • Verbal agreement
  • Short written contract
  • Complex agreement

Liability and Limitation Clauses

Liability: The state of being responsible for something.

A limitation of liability clause is the section in a contracted agreement that specifies the damages that one party will be obligated to provide to the other under terms and conditions stipulated in the contract.

What to Include in a Liability Clause:

  • Time: For example, “within 2 years of completion or termination of the Services.”
  • Amount: Usually limits the claim by the client against the engineer to the limit of available professional liability insurance.

Lecture 4: Laws and Regulations Governing Engineering Practice

What governs engineering practice: CodesActs/Laws/StatutesRegulations

Key Legal Concepts

  • Code: A foundational set of legal rules and principles (e.g., Civil Code of Quebec, Code of Ethics).
    • Example (Civil Code of Quebec): The wrongdoer has the duty to place the victim back in their original position (duty to repair).
  • Law: A statement of general rules and principles on a particular subject matter (e.g., Engineers Act, which defines what engineers can do, such as giving opinions and drawings).
  • Regulation: A statement of rules and principles specific to a Law (e.g., Professional Code, requiring keeping all work done for 3 years in case of audit, and giving the client all information).

Vicarious Liability and the Engineering Seal

  • Vicarious Liability (Employer – Employee Relationship): The employer is responsible for the actions of their employees, provided the action occurred during the employee’s time at work while performing their job.
  • Engineering Seal: Only attests that a qualified engineer prepared the drawings; it does not guarantee accuracy.

Engineers can sometimes be personally held liable, depending on the situation.

Lecture 5: OIQ – The Engineering Profession and the Order

Requirements for Practicing Engineering in Quebec

To become an engineer in Quebec, one needs a permit, which grants:

  • The right to use the “Engineer” title.
  • The right to perform engineering acts.
  • Membership in the OIQ (Ordre des ingénieurs du Québec).
  • Coaching by the Order.
  • Professional mobility within Canada and internationally.

Professional Mobility

Achieved through Mutual Recognition Agreements (e.g., Canada internal trade, and the France CTI agreement).

Professional Context and the OIQ Mission

  • Quebec: The OIQ is one of 44 professional orders in Quebec, mandated by the government to monitor the profession, supervised under the Professional Code and Laws, utilizing mechanisms for admission, professional inspection, and discipline.
  • Canada: The OIQ is one of 12 provincial and territorial associations.

The Order’s Mission: Ensure public protection and that the profession serves the public interest.

The Order’s Vision: To be a reference for professionalism and excellence in engineering.

  • The OIQ is administered by engineers.
  • Only members are entitled to the title “Engineer” and may practice the profession.

Defining Professionalism

  • A Professional is a person who:
    • Possesses a high level of expertise.
    • Performs activities evaluated by peers.
    • Must serve the public’s interest above their own.
  • Being Professional means:
    • Recognizing and meeting public expectations.
    • Working according to values defined by the profession.
    • Building public trust and maintaining the credibility of the profession.
  • Duty of Being Professional: Take responsibility for designs, fulfill obligations, establish a trust relationship with clients, think rationally, and respect the Code of Ethics.

Fundamental Values of the Engineering Profession:

Competence, Responsibility, Social Commitment, and Ethics.

Employers have the power to control and manage, and employees should maintain the duty of loyalty while respecting the Code of Ethics.

Professional obligations take precedence over work contracts. Pressure can be strong (interest of the profession, promotion of obedience, work environment pressure). A failure to be professional will have a negative impact on decision-making and judgments.

Governing Documents

  • Engineer Act: Defines the field of practice and legislation governing the practice.
  • Code of Ethics of Engineers: Defines duties and obligations towards the public, clients, and the profession.

Regulation to Obtain a Permit:

Examination, engineering experience, knowledge of the French language, and sponsorship.

Amendment of the Engineers Act

The bill reviews the Engineers Act to adapt the legislative framework to the modern realities of engineering.

Professional Career Path of Junior Engineers

Junior engineers have a temporary status and must fulfill conditions to obtain an Engineer’s permit. They must master common competencies, develop professional autonomy, work under supervision, and learn to protect the public, the employer, and themselves.

OIQ – The Engineering Profession and the Order (Continued)

Professional Examination

Junior Engineers register upon entry. The examination has 3 parts:

  1. Laws and regulations governing professional practice in Québec.
  2. Basic legal issues inherent to professional practice.
  3. Ethics, professionalism, and professional obligations.

Engineering Experience: A Total of 36 Months

  • One or more jobs or relevant engineering experience, working under the supervision of an engineer.
  • Minimum of 12 months in Canada.
  • Possibility of experience credits (maximum 24 months) like: internship, sponsorship program, or graduate studies (Master’s 12-month credit and PhD 24-month credit).

Common Competencies

  1. Assume status as a professional: observe official and unofficial rules and apply ethical principles.
  2. Solve problems using professional practices by identifying a solution using a methodical approach.
  3. Communicate effectively.
  4. Ensure quality of work and activities by establishing requirements, laws, regulations, and codes.
  5. Manage technical risks while considering their impacts and implementing measures to eliminate or reduce risks.
  6. Manage projects by setting objectives and considering environmental constraints.

Relevant Experience Criteria

  1. Related to the subject studied.
  2. Fields like: research, design, production, construction, maintenance, technical sales, etc.
  3. Participation in leading a technical team, solving technical problems, applying legal, financial, or regulatory aspects to work.
  4. Progression to more complex problem-solving activities.

Junior engineers should work under the supervision of an engineer who monitors, verifies, and validates work. The supervisor answers questions, gives advice, and makes adjustments. The supervisor should be a member of the OIQ.

Benefits of Having a Supervisor:

  • Transfer of practical knowledge and engineering experience.
  • Professional guidance and professionalism.
  • Learning self-management skills.
  • Sharing rules, values, and knowledge of ethics.

The engineer must be involved in every stage of the project and conduct professional responsibility.

There is a difference between professional title (e.g., NAME, ing. jr.) and job title.

Continuing Education

  • Obligation to continue studying to maintain, update, and improve professional competencies.
  • 30 hours of continuing education required every 2 years.

Lecture 6: Professionalism, Ethics, and Contracts

Core Professional Obligations

Professionalism includes: responsibilities, social commitment, competence, sense of ethics, and obligations towards the public and clients. These obligations include, but are not limited to: integrity, availability, independence, collaboration, honor, dignity, supervision, and surveillance.

There are fundamental obligations that need to be respected:

  • Adherence to laws and standards.
  • Safeguarding life, health, and welfare.
  • Respecting principles of sustainability and environmental factors.

Basis for Ethical Decisions

  • Transparency
  • Exemplarity
  • Reversibility

Employment Contracts

  • Form: Oral or written (written is preferred).
  • Consent: Mutual agreement; each party must be legally capable of contracting the agreement and do it freely.
  • Compliance with the Law: Morally acceptable and legal.

Essential Contract Elements:

Must clearly state the following:

  • Title of position
  • Description of responsibilities
  • Compensation
  • Vacation
  • Benefits
  • Probation period
  • Performance review
  • Termination
  • Non-competition
  • Jurisdiction (e.g., laws of Quebec, Canadian civil law)

Case Law: Employee’s Right to Work & Employer’s Right to Protect Itself

  • Non-compete clauses are considered non-valid if the area of work is not well defined.
  • A non-compete clause should be well defined, limited in space and time.

Restricting the Right to Work is Ethical and Legal if:

  • It is expressly written.
  • The employee must understand what they signed.
  • It is limited by time, space, and scope.
  • It is limited only to the legitimate interests of the employer.

Non-compete clauses are voided when the employee is terminated, except when terminated for cause (e.g., fraud, theft, or serious crime involving the company).

Lecture 7: Environment and Sustainability

* E = Environment

Sustainability at McGill

TISED (Trottier Institute for Sustainability in Engineering and Design)

  1. Mission: Produce innovative engineering and design solutions and intellectual capacity that enable us to protect and nurture Earth and its inhabitants to meet the needs of current and future generations.

Environmental Legislation and the Engineer

All engineers are directly concerned about environmental (E) legislation.

  1. The Code of Ethics requires that engineers protect the public welfare, which includes our environment.

A Professional Engineer Must Refuse to Perform an Action if it:

  • Contravenes an environmental law or regulation.
  • Is contrary to the Code of Ethics, which includes protecting the environment.

Professional Engineers Should:

  1. Develop and maintain a reasonable level of understanding, awareness, and a system of monitoring environmental issues related to their field of expertise.
  2. Use expertise specialists in areas where their knowledge alone is not sufficient for environmental issues.
  3. Apply professional and responsible judgment in their environmental considerations.
  4. Ensure that environmental planning and management is inputted into activities that have an adverse effect.
  5. Include the cost of environmental protection among essential factors used for evaluating the economic viability of a project.
  6. Recognize the value of environmental efficiency and sustainability and consider LLA (Life-Cycle Assessment).
  7. Engage and solicit input from stakeholders in an open manner and strive to respond to environmental concerns in a timely fashion.
  8. Comply with regulatory requirements and disclose information necessary to protect public safety to appropriate authorities.
  9. Actively work with others to improve environmental understanding and practices.

Eco-centric concerns + Techno-centric concerns + Socio-centric concerns = Sustainable Development becoming more common.

⇒ Sustainability Achieved

Planet Boundaries Concept

A set of nine planetary boundaries:

  • Climate change
  • Ozone depletion
  • Atmospheric aerosol loading
  • Ocean acidification
  • Global freshwater use
  • Chemical pollution
  • Land system change
  • Rate of biodiversity loss
  • Biogeochemical loading (global N&P cycles)

If these boundaries are respected, humanity can continue to develop and thrive for generations to come. If crossed, they could generate abrupt or irreversible environmental changes.

Johan Rockstrom: “Let the environment guide our development.”

Sustainability in Engineering

Every engineering discipline is engaged in sustainable design, employing numerous initiatives, especially during the design-making process:

  1. Pollution prevention
  2. Life-Cycle Costing (LLC)
  3. Design for the Environment
  4. Design for disassembly
  5. Design for recycling
  6. Consideration of social aspects