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Intro to Professionalism Fall 2009_Gillies

Apr 06, 2018

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    Professionalism andProfessionalRegulation

    Law and Ethics SeminarSeptember 2009

    Jon A. Gillies, P.Eng., FEC

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    PRESENTATION OUTLINE

    Professions

    Characteristics of a profession and the Highest

    Obligation How professions and occupations are regulated

    Historical overview of engineering and geoscience in

    Canada

    Engineers Canada and CCPG Organizations APEGS Organization

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    REPUTATIONYOUR REPUTATION AS A

    PROFESSIONAL WILL BE ---

    FINISH THE STATEMENT

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    PROFESSIONSWhat is a profession? try to define the word

    Who are professionals? lawyers? doctors? athletes?

    police? sanitation workers? doctors? politicians? engineers/geoscientists?

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    SENSES OF A PROFESSION

    What is a profession?

    In one sense . . .

    A JOB OR OCCUPATION for which payment

    is received. . . .

    BUT

    There is another sense . . . .

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    What is a PROFESSION?From Andrews ( 2005, 2009) page 14 or11:

    Profession: a calling requiring specialized knowledge and often long and intensive

    preparation including instruction in skills and methodsas well as in the scientific, historical or scholarly

    principles underlying such skills and methods Maintaining by force or organization or concerned

    opinion high standards of achievement and conduct committing its members to continued study a kind of work which has for its prime purpose the

    rendering of a public service

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    WRIGHT:

    Canadian Bar Review 1951

    Elements present for a vocation to be called aprofession:

    Holding out to the public, offer of public service Special skill a professional is assumed to have

    Training and education

    Privilege or state recognition

    Self-disciplined group Unselfishness or freedom from purely personal

    considerations

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    LEGAL DEFINITION OF PROFESSIONBlacks Law Dictionary

    An occupation requiring special, usually

    advanced, education and skill. The labour

    and skill involved in a profession is

    predominantly mental or intellectual, ratherthan physical or manual.

    Originally contemplated only theology, law

    and medicine but extended as applications of

    science and learning were extended.

    Attainment of special knowledge as

    distinguished from mere skill.

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    OCCUPATIONAL and

    PROFESSIONAL REGULATIONSome types of professional and occupationalregulation in Saskatchewan are:

    Fee for right-to-work (door-to-door salespeople)

    Self-administered but government regulated (insuranceagents)

    Licensed by government (various trades)

    Associations under Non-Profit Corporations Act (mediators)

    Self Regulated:

    right-to-title (interior designers, technologists)

    right-to-title and right-to-practice (engineers andgeoscientists)

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    SELF-REGULATIONEngineering and Geoscience meet the criteria forself-regulation with right-to-practice status:

    Commitment to safeguarding the public interest is paramount

    Engineering and Geoscience are identifiable professions andare accepted by the public as professions

    Code of Ethics

    Specialized Academic and Experience standards

    Administered by APEGS which ensures only qualified engineersand geoscientists practice

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    SENSES of a PROFESSIONConcerning Engineering and Geoscience

    obtaining a bachelors degree

    doing work commonly recognized as

    being registered and licensed as a professional

    acting in a morally and an ethically responsible

    manner while practicing

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    Historical Overview of Engineering

    in Canada Engineering has existed since ancient times

    Canada has a rich history of engineering and

    geoscience achievement CSCE - 1887

    EIC - 1918

    Provincial Acts in Canada began 1920

    APES in 1930 and APEGS in 1997

    Engineers Canada (formerly Canadian Council ofProfessional Engineers) - mid 1930s

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    ENGINEERS CANADA

    Engineers Canada adopted as the

    business name for the CCPE in 2007

    Legal name remains Canadian Council

    of Professional Engineers (CCPE)

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    ENGINEERS CANADA ORGNCCPE ORGANIZATION CHART

    Canadian Engineering

    Qualifications Board

    (CEQB)

    Canadian Engineering

    Accreditation Board

    (CEAB)

    Other CCPE

    Committees

    Canadian Council

    of Professional Engineers

    (CCPE)

    Provincial and Territorial

    Associations

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    CEAB and CEQB The Canadian Engineering Accreditation Board

    accredits engineering programs in Canada

    The Canadian Engineering Qualifications Boarddevelops guidelines which seek to bring about

    uniform requirements for registration across

    Canada - (licensing is a provincial responsibility)

    Refer to Engineers Canada documents providedon the APEGS Web site under Professional

    Practice Exam

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    Historical Overview of Geoscience in

    Canada Regulation of geoscientists was first started in

    Alberta

    Saskatchewan first regulated geoscientists with

    the new Act in 1997

    No regulation in PEI and Yukon (yet)

    Regulated with engineering in BC, Alberta,Saskatchewan, Manitoba, NB, Nfld. & Labradorand Northwest Territories & Nunavut

    Regulated separate from engineering in Ontario,Quebec and Nova Scotia

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    Geoscience at the National Level

    CCPG - The Canadian Council of

    Professional Geoscientists

    CGSB - The Canadian Geoscience Standards

    Board

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    www.ccpg.ca

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    CCPG Organization

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    DEFINITION OF THE PRACTICE OF

    PROFESSIONAL ENGINEERING Engineers Canada

    Means any act of planning, designing

    composing, evaluating, reporting, directingor supervising, or managing any of theforegoing, that requires the application ofengineering principles, and that concerns

    the safeguarding of life, health, property,economic interests, the public welfare orthe environment.

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    APEGS DEFINITIONS

    Professional Engineering:

    - Refer to the Act

    Professional Geoscience:

    - Refer to the Act

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    OBJECTS OF APEGS(Act - Sec. 5)

    Ensure the proficiency and competency of themembers in order to safeguard the public.

    Regulate the practice of engineering andgeoscience in accordance with the Act andBylaws.

    Promote and improve the proficiency andcompetency of members.

    Foster the practice of professionalengineering and professional geoscience in amanner that is in the public interest.

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    APEGS ORGANIZATIONAPEGS Organization Chart

    APEGS Staff

    Committees

    Governance

    Board

    Committees

    Image and Identity

    Board

    Committees

    Education

    Board

    Council

    Members

    Society

    Investigation

    Committee Committee

    Discipline

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    MOBILITY

    Professional Engineers andGeoscientists registered with oneAssociation often must work in otherregions of Canada or internationally.

    APEGS is a signatory to the Inter-

    Association Mobility Agreements (bothengineering and geoscience).

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    MOBILITY

    - continuedIAMA registration if: Professional Member is in good standing.

    If applicant has been disciplined for

    professional incompetence or professionalmisconduct, there must be no outstandingdisciplinary order.

    Agrees to exchange of personal information(between host and home Associations)

    Meets the continuing competencyrequirements of the host Association or home

    Association.

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    MOBILITY

    - continuedAgreement on Internal Trade (AIT) July 1,1995

    An agreement between Canadas federal

    provincial and territorial governments toeliminate interprovincial barriers to the freemovement of workers, goods, services andinvestments.

    The labour mobility chapter aims to ensure

    any worker certified to perform a professionby a regulator in one province will be grantedcertification upon application in anotherprovince without additional training, workexperience or examinations .

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    Professional Engineers and ProfessionalGeoscientists should expect to become

    registered in other jurisdictions withouthaving their credentials reassessed.

    The agreement has yet to be tested for

    compliance.

    MOBILITY - continued

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    MOBILITY

    - continuedOn the International Scene:Agreements to recognize academic credentials with:

    Australia

    Ireland New Zealand

    United Kingdom

    United States

    South Africa

    Hong Kong France

    These agreements have been negotiated by EngineersCanada

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    ETHICS OF A PROFESSIONAL

    Advanced knowledge and abilities fromspecialized education and practicalexperience.

    Limit activities to areas of knowledge andexperience.

    Ensure competence is maintained.

    Practice according to the Code of Ethics.

    Recognize and support the role of theirAssociation as delegated by society.

    Refer to section 20 of Regulatory Bylaws.

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    THE HIGHEST OBLIGATION

    The Engineers Canada guide toprofessional practice states:

    .... the highest obligation of a profession isto society, which it serves; the members ofa profession shall protect the interests ofsociety in the areas of the professionals

    specialized expertise. This obligation risesabove all others when there are conflictingresponsibilities.

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    THE HIGHEST OBLIGATION(Continued)

    As a part of this social contract, therecognized professions in Canada have

    been given the authority and responsibilityto be self-regulating under their respectiveprovincial and territorial legislation, and toensure only qualified professionals are

    licensed to practice.

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    Questions or Comments?