PROFESSIONAL PRACTICE EXAM

STUDY MATERIAL
APEGGA
 The Association of Professional Engineers,
APEGGA Geologists and Geophysicists of Alberta

THE NA TIONAL PROFESSIONAL PRACTICE EXAMINA TION

Regulations 13(c) and 77(c) accompanying the APEGGA Engineering, Geological and
Geophysical Professions Act require that applicants pass a Professional Practice Examination
prior to being registered. Similar legislation exists in cvery other jurisdiction in Canada.

The examination is based on professionalism, law and ethics and is administered in January, April,
July and October in major centres throughout the participating provinces and territories, and in
other centres throughout the world by special consent. The National Professional Practice
Examination is currently being used by ten Canadian Associations.

SCOPE AND SYLLABUS OF THE EXAMNATION

The following major subject areas are included in the National Professional Practice Examination:

A. Professionalism (30%)
I ) Definition and interpretation of professional status
2) The role and responsibilities of a professional in society
3) The role and responsibilities of a professional to

management
4) Professional conduct, ethical standards and codes
5) Environmental responsibilities

B. Professional Practice (20%)

l) Professional accountability for work, workplace issues, job responsibilities and standards of
practice
2) Continuing competence
3) Business practices as a professional
4) Insurance and risk management
5) Professional and technical societies
6) Non-statutory standards and codes of practice

C. Regulatory Authority Requirements (9%)

I ) Future topic

2) Future topic
3) Occupational health and safety
4) Workers compensation
5) Other statutory standards of practice

D. Law and Legal Concepts (25%)

1 ) Canadian legal system
2) Contract Law - elements, principles, types, discharge, breach, interpretation etc.
3) Tort Law - Elements, application of principles, interpretation, liabilities of various kinds
4) Intellectual Property - patents, trademarks, software issues, copyright
5) Arbitration and Altemative Dispute Resolution (ADR)
6) Expert Witness
7) Business Organizations
8) Intemational Law

E. Legislation Governing the Practice of the Professions (16% )

I) Definitions of the professions and scopes of practice
2) The Acts
3) Regulations and By-Laws
4) Registration
5) Discipline and enforcement
6) Use of seals and stamps

The National Professional Practice Examination consists of 100 multiple-choice questions. It is

closed-book and is two hours in duration. The questions are distributed in accordance with the
percentages shown above. All candidates, regardless of whether they intend to practice engineering
or geoscience, are required to write the National Professional Practice Examination. Some
Associations have extended the National Professional Practice Examination in their jurisdictions by
adding multiple-choice and/or essay questions to the National Professional Practice Examination,
and in those cases, candidates are allowed additional time to complete the examination. Contact the
Association with whom you wish to register for specific details.

The pass mark is 65%*. The examination results are reported as "pass" or "fail" with a report
provided only to candidates who have failed, indicating the candidate's specific performance in
each category. You are not penalized for wrong answers. The grade is final.

*Pass marks may be slightly adjusted for individual sessions based on valid psychometric factors
designed to ensure that over time, and among groups of candidates, pass-fail decisions are made
on a consistent basis.

APPLYING TO WRITE EXAMINATION

The form, Application To Write The National Professional Practice Examination, must be used
when applying. It provides more information on fees, deadline dates, examination dates etc., and
must be accompanied with the appropriate fees. It must be received on or before the deadline date
indicated on the application.

Approximately two weeks after the deadline, you will receive a letter advising you of the time and
location of writing, You will also receive an admission slip, which must be brought to the
examination with one piece of photo-identification eg. Driver's License.

Four to six weeks after the examination you will be advised of the results by mail. For many, a pass
may be the last step in the registration process. For others, there may be additional requirements
before registration is granted* Failing the National Professional Practice Examination means that
you will be required to re-take it at some tüne in the future. You will needsubmit another
to
Application to Write along with another examination fee. In the event that you fail the examination
more than once, the number of re-takes may be limited by the province or territory and your right to
write the examination may be suspended for up to 12 months.
ELIGIBILITY/EXCEPTIONS

Most Associations feel that it is beneficial for applicants to have at least two years of work
experience after completion of their formal education before attempting to write the National
Professional Practice Examination. To be eligible to write The National Professional Practice
Examination, you must also have an active application for Professional Membership, Registered
Professional Technologist, or be enrolled as a Member-In-Training, Examination Candidate or
Student. An exemption may be granted to applicants who have passed a similar examination in
another jurisdiction or who have been registered by another Canadian Association prior to the
implementation of the Professional Practice Examination, but such applieants are still required to
read, and eonfirm in writing that they have read the Act and Code of Ethics, and agree to practice
their profession accordingly.

LITERATURE
The following a list of study materials required. They can be obtained from the Association
is

offices in Calgaryand Edmonton by using The National Professional Practice Examination

Literature Order Form.

Basic Kit (for all applicants)

All applicants with the exceptions noted will be tested on the primary literature It is

recommended that applicants print eopies of the supplementary study materials available at:

http:/fwww.apegga.org/nppe/PDF/index.html to gain additional insight into the topics in the

syllabus.

Primary Literature
1. Canadian Professional Engineering and Geoscience: Practice & Ethics — G.C.
Andrews, 2004.
2. Practical Law of Architecture, Engineering, and Geoscience — Samuels & Sanders,
Canadian Edition, 2007.
3. Industry Canada Booklets:
A Guide to Patents
A Guide to Trade-Marks
A Guide to Industrial Design
A Guide to Copyrights
4. The (APEGGA) Engineering, Geological and Geophysical Professions Act,
Regulations and By-laws including the Code of Ethics, April 2007, or the equivalent
documents for the Association with which you wish to register.
5. Guideline for Ethical Practice v2.0, March 2003,
6. The Concepts of Professionalism — September 2004.
Occupational Health and Safety Act of Alberta. Revised Statutes of Alberta 2000,
Chapter 0-2 effective May 26, 2006.
8. Royal Bank Letter — 'The Soul of Professionalism" Vol. 71, No, 6, December 1990.
9. Basic Learnings in Industrial Safety and Loss Management, ISLMP and APEGGA
Publication, January 1998.

Portions of the Basic Kit are also available for those who can borrow some of the material and are
trying to save some money.

Supplementary Study Materials

Go to http://www.apegga.org/nppe/PDF/index.html for available supplementary study materials.

Candidates who feel that they could benefit from the supplementary study materials are welcome to
print copies of the files for study purposes. Candidates should check the Supplementary Study
Material website periodically for the availability of new papers.

SAMPLE QUESTIONS
Each question is multiple-choice with four possible answers. Old examinations are not available,
however, sample test questions are provided below:

1 According to the Code of Ethics, which of the following activities by a professional member

would be considered UNEITIICAL?

A. Not charging a fee for presenting a speech.

*B. Signing plans prepared by an unknown person.
C. Reviewing the work of another member with that member's consent.
D Providing professional services as a consultant.
B. is correct. It is unethical for professionals to sign plans not prepared by themselves or under their
direct supervision.

2. Which of the following is an example of a fraudulent, contractual misrepresentation?

A. A party is coerced into signing a by means of intimidation.

*B. A party knowingly makes false statements to induce another party into a contract.
C. A party induces his son-in-law to sign an unfair contract.
D. A party unknowingly provides false information about a portion of a contract,

B. is correct. Knowingly providing false information to induce contract is fraudulent

misrepresentation.

3. Contractual disputes of a technical nature may be most expeditiously and effectively solved
through:

A. a lawsuit.
B, court appeals.
C confract renegotiations.
*D. arbitration.

D. is correct. Arbitration provides an effective, expeditious resolution to technical disputes.

4, Which type of original work below is automatically protectee by copyright upon creation?

*A. Paintings,
B. Inventions.
 C. Clothing designs.
D. Signatures.

A. is correct. Of the works listed, only a painting is protected by copyright law.

5. In order for compensation to be awarded to a plaintiff in a tort liability case, the defendant must
have:

*A. Caused injury to the plaintiff.

B. Been willfully negligent.
C. Signed a contract of performance.
D. performed under supervision.

A. is correct, Injury is one of three criteria that must be met for compensation to be awarded in a
tort liability case.

6. Which of the following is the most common job activity of top-level managers?

A. Writing and reading corporate financial reports.

B. Developing and testing new products.
C. Designing and implementing production systems
*D. Directing and interacting with people.

D. is comect, Most top managers spend most of their time interacting with other people.

7. The professional's standard of care and skill establishes the point at which a professional:

A. may or may not charge a fee for services

B. has the duty to apply "reasonable care".
*C. may be judged negligent in the performance of services.
D. has met the minimum requirements for registration.

C. is correct. The standard of cat? is used to judge whether or not a professional has been negligent
in the performance of services,

8. To effectively reduce liability exposure the professional engineer, geologist or geophysicist

should:

A. pursue continuing educational opportunities.

B. work under the supervision of a senior engineer, geologist or geophysicist.
*C. maintain professional standards in practice.
D* provide clients with frequent progress reports.

C. is correct. Maintaining professional standards of practice is the most effective way of reducing
liability exposure,

Revised MAY 2007

 CODE OF ETHICS

CODE OF ETHfCS

(established pursuant to section 1 the

Engineering, Geological and Geophysical Professions Act)

Preamble

Professional engineers, geologists and geophysicists shall recognize that professional ethics is founded

upon integrity, competence, dignity and devotion to service. This concept shall guide their conduct at all times

Rules of Conduct

1 Professional engineers, geologists and geophysicists shall, in their areas of practice, hold paramount the
and welfare of the public and have regard for the environment
health, safety

2 Professional engineers, geologists and geophysicists shall undertake only work that they are competent to
perfÖrm by virtue of their training and

3 Professional engineers, geologists and geophysicists shall conduct themselves with integrity, honesty,
fairness and objectivity in their activities.

4 Professional engineers, geologists aud geophysicists shall comply with applicable statutes, regulations and
bylaws in their professional practices-

S Professional engineers, geologists and geophysicists shall uphold and enhance the honour, dignity and
reputation of their professions and thus the ability of the professions to serve the public interest,
1. A professional is best 3. The prime consuEtant on a major
characterized as an individual multidiscipline project has been
with: some
publicly criticized for
obvious problems. Some sub
A.
consultants working on the
significant training and
extensive experience in a 0 project are contacted by a
given field. newspaper reporter for
comments on the matter. As
responsibilities for overseeing responsible professionals, in this
and controlling the technical the sub consultants
situation,
quality of work of should:
subordinates.

competence which results

A seek legal advice before
making a statement
from the responsible and C
ethical application of
B. advise that they have no
expertise,
knowledge of the matter.

D. a certificate or degree that

provide their personal opinion
grants a high level of status
only.
resulting from specialized
knowledge within a given
field.
D. advise that all comments must
come from the prime C)
consultant who employs them.

2. A distinguishing function of the

engineering, geology and
geophysics professions in
industry is in the area of:

design, interpretation, Or
analysis.

technological innovation.

C. supervision.

D. management of production
schedules.

031 -3
4. A professional member under 5. A professional member
contract to the government, is employed by a company is
assigned to work on an responsible for a project which
environmental protection project. requires that an expensive
Just as the design phase of the access road be built through an
project reaches completion, the environmentally sensitive area.
government announces a The professional member has an
cutback which results in the obligation to:
project being terminated, The
professional member has an A. minimize the construction
ethical obligation to: costs of the access road in
compliance with the
reduce the fee charged for the company's contract
job in proportion to project
completion since the entire B. ensure that the company is
job was never actually aware of the environmental
completed. constraints affecting road
construction and ramificafjons
and
explain the environmental of noncompliance,
economic consequences of
the termination decision to the C. minimize environmental
government. damage regardless of
construction costs.
release the Of the
possibie environmental impact D. resign from the project if the
to the public. management refuses to abide
by environmental
D. take no action, since it was a requirements and regulations.
government decision to
terminate the project

031 -4
6. A year ago, a registered member 7, How are professions USUaUy
of a professional associationwas controlled?
hired by a company which was
developing a highly confidential
They are directly controlled by
experimental process. Recently, government,
the member discovered that a
safety relief valve on one of the B. They are allowed to govern
process tanks opens periodically
and releases toxic vapours into
the atnosphere. The member C. They are subject to the
suspects that the level of toxicity requirements of employers in
exceeds environmental relevant fields.
standards but is not absolutely
certain. The member has raised They are subject to the
thisconcern with the employer requirements of colieges and
and has been told frat it is ck universities with relevant

and not to worry about it. The programs,

professional member should:

A. follow the advice of the

employer and stop worrying 8. It would be considered unethical
about it. for a prospective consultant to
start a consulting practice by
B. seek a second opinion from a quitting and:
professional outside the firm.

A. joining another former

report this concern to the
employee in a consulting
environmental authorities
because the member could be partnership.

held personally liable for not

reporfing an environmental B. taking along one or more of
infraction. the former employer's clients

D. report this concern to the

C. setting up a business identical
to that of the former employer.
press because professional
duty to society takes
precedence over duty to an D obtaining financial backing
employer. from the former employer.

031 -5
9. A professional member in an 11. If a company doing contact work

industrial firm is obliged to report on a project knowingty

information regarding deficient contravenes the law or conceals
product quality to; a hazard, a professional member
inthat company should first try to
convince the company to correct
management.
its actions. if unsuccessful, that

customers.
professional member has an
obligation to report the facts to:

C. the appropriate government

department. top management

D. the members professional B. the owner of the project and

association. appropriate regulatory
b authorities.

C. the pubtice

10. While science and technology D. the professional association.

have generally contributed
immense benefit to humanity,
the process of industrialization
sometimes introduces new
problems. Which of the 12. The primary role of management
following is the best example of toward the professionaf should
this concept? be to:

A. overcrowding of residential A. provide detailed technical

areas surrounding an knowledge.
industrial site.
the professional for a
train
B. the development of low managerial role.
compression automobile
engines making it C ensure that technically sound
unnecessary to add lead to solutions provided by the
gasoline. professional are economically
viable.
C. the dumping of untreated
wastes from a pulp mill into a D. maximize the professional's
lake used to provide fresh fish potentiaL
for human consumption,

D. the use of tow-sulphur natural

gas as an energy source for
generating electricity Instead
of high-sulphur coal.

031 -6
13. Nttrogen oxides are normal 14. Engineersr geologists and
products of combustion which: geophysicists must inevitably
consider the potential negative
A. are not harmful to piant and impact of technological projects
animal life since nitrogen is on society. Which statement
such a large constituent of the b est represents a
air we breathe. ilitaria approach to this
consideration?
B, can be converted into nitric
acidin the atmosphere and
A. a project must be
can then fall to earth as acid
economically viable so that it
rain.
does not become a financial
burden on society.
can be significantly reduced
by raising the temperature at
B. the benefits of a project to
which combustion occurs.
society must clearly exceed
the disadvantages.
D. make up the smog found
around large European cities
C. the environmental impact of a
where coal with a high sulfur
project must be negligible.
content is used as a fuel.

D a project must not jeopardize

the safely of the public in any
way.

031 - 7
15. The principal purpose of a 16. Current legislation established
professional ethical code is to for the purpose of controlling air
provide: pollution is:

A. a basis for assigning legal A, excfusive}y the responsibility

rights and responsibilities in of provincial environmental
court cases, authorities.

standards for appropriate B. exclusively the responsibility

behavior in the relationship of federal environmental
between professionals and authorities.
their employers
C. primari\y the responsibility of
C. guidelines for ensuring high federal environmental
standards of professional authorities with onfy some
conduct in retatlons with the areas of jurisdicfion which are
public and fellow the responsibility of provinces.
professionals.
D. primarily the responsibility of
D. criteria for assessing the provincia! environmental
validity of charges of authorities with some areas of
professional incompetence. jurisdiction which are the
responsibility of the federal
authorities.

17, Engineers, geologists and

geophysicists have an ethical
obligation to the public to take
positive action if they obsegve an
employer:

A, grossly overcharging for their

services.

violating the law or safety

requirements.

C, respond to public
failing to
concems.

D. hiring sub professional

personnel to do professional
work.

031 -8
 18. According to the Code of Ethics 19. A manufacturer is competing for
established by professional a contract to produce a
association, which one of the component for use in a
following constitutes production process. A
UNETHICAL conduct? professional member was hired
to design the component but in
A. failing to resign from a project doing the design calculations,
which may adversely affect the professional member found
the public. that the thickness of the material
used in the component would
serving simultaneously as a need to be increased, thereby
consultant to two competing significantly increasing the cost
clients on two djtferent of the component. The
(differently scoped) projects. manufacturer knows that
C increased costs would likely
failing to divulge knowledge of result in the loss of the contract
unethical conduct by another so the manufacturer asks the
professional member to the professional member to revise
professional association.
the calculations to show that die
component can be built using
D. providing a negative appraisal
thinner, less expensive material.
of a professional member
under consideration for
The professional member will
likely be dismissed if the
employment
manufacturer loses the contract.
The professional member should

A. consider public safety and if

public safety is not an issue*
should make the revisions
requested by the
manufacturerr

B. make the revisions requested

but refuse to seal the design
documents.

C. review the design details with

the manufacturer and explain
tut making the changes
would result in a violation of
the code of ethics.

D. refuse to make any changes

even if it means being
dismissed.

031 -9
 20. Consuttant A has become aware 22,. Which of the following
that Consultant B is taking characteristics most significantly
advantage of an unsophisticated separates professionals from
client by submitting very non-professionals?
excessive invoices for the work
done, Because Consultant A is professionals are normally
more concerned with the paid more than
charges rather than the quality of non-professionafs.
Consultant BTs work, Consultant
A should initially: loyalty,

A. discuss the matter discreetly

C. professionals identify witl
with Consultant client their occupations.

B. report the situation to the command of highly

professional association. specialized knowledge.
C
C. discuss the matter on an
informal, friendly basis with •o/

Consultant B-
23. A professionalts primary
responsibility is to:
D. do nothing.

A, develop new and innovative

ways of applying technology
to a wide variety of human
21.. Which of the following is NOT a problems.
function of a professional
association? B. continually improve
professional knowledge-

giving members an identity,

C. advance the interests of the
status, a career, and a career
profession.
path.

protect the public.

B. establishing standards of
professional practice which
members must meet or
exceed.

C. protectingmembers from
governmental
public or
accusations of incompetence.

D. ensuring that professional

degrees meet certain
standards.

031 -10
24. Which of the following 26. A fundamental principle
statements best describes the underlying the professions of
engineering, geology and engineering, geology and
geophysics professions? geophysics involves:

A. the design and

implementation of public
placing public welfare above /
personal gain.
works projects,

B, solving problems through the

B, the creation of devices, application of science and
systems and structures. technology.

C. the link between theory and C. converting theoretical

practical applications. concepts Into usefut
appiications.
D. the process of putting
technical ideas and scientific D. being an active member of a
principles to practical use for professiona! association.
the common good,

25. A consultant, recently engaged

on the basis of having an
in-house capability in a specific
technical area, finds that
professional staff will not be
available. As an ethical
professionall the consultant
should:

A. discuss possible attematives v/

with his client.

B. hire new staff to fill in

temporarily.

C. carry on with the work in the

best manner using
e)östing staff.

D. arrange a joint venture with

another consultant

031 -11
 27. A professional member leaves 29. A member of a professional
an employer, but retains certain association operates a
documents and reports for which manufacturing company. The
the professional member was member has just signed an
personally responsible. The agreement to sell a product
professional member then manufactured by the company to
establishes a consulting practice, a distributor fora specified price.
To adhere to the guidelines It is then discovered that a rinse
specified in the Code of Ethicsa agent which is used in the
the professional member may. manufacturing process has a
level of t0)dcity that is above the
A use only the data contained in
maximum acceptable level as
the reports and documents in specified by the environmental
designing a solution to a The professional
protection act.
clients problem. member has found an alternative
rinse agent that is non-toxic, but
B. use the reports and it costs more and if the non-toxic
documents as a means cf rinse agent used, the
c making personal profit.
is

manufacturing company would

not make any profit. The
C. apply the concepts from the appropriate action would be:
reports end documents to a
clients problem,
A. continue using the existing
process until advised not to
D. discuss the findings of the
do so by the authorities.
veports and documents with
clients involved in similar
B. voluntarily stop using the toxic
projects.
manufacturing process
immediately.

C. continue using the existing

28. The Code of Ethics is a standard process VMnile attempting to
negotiate a mare favourable
of professional conduct that is
price for the nonutoxic rinse
legally:
agent

A. unenforceable. D. continue using the existing

process white informing the
binding and enforced by the M/ distributor tuat manufacturing
Professional Association. costs are about to drive the
cost of the product up in the
C. not binding but enforced by future
professional firms.

D. binding and enforced by the

courts of the province.

031 -12
30. The two most common 31. The concept of professionalism
infringements of the provincial embraced by Canadian
Professional Engineering, professional associations is best
Geology and Geophysics acts defined as a system for:
are:

A. maintaining a good public

A. disdosing proprietary image of the profession and
information and misteading all of its members.

advertising of professional
services. B. ensuring that there is a
sufficient number of licensed
B. collusion in fee setting and professionais available to
inappropriate use of meet the needs and
professional seals. expectations of society,

use of unlicensed personnel ensuring the uality f wprk /

professionat engineers, profession.
geologists and geophysicists
and the misuse of D. promoting the profession.
professional engineering,
geology and geophysics titles.

D. negligence and undertaking

work that the professional 32. Which of the following means of
member is not qualified to accessing continuing education
perform, has evolved as the preferred
routeamongst engineering,
geoEogy and geophysics
professionals?

A, pursuing a master's degree jn

engineering, geology or
geophysics.

pursuing a masterrs degree in

business administration.

actively participating in a
relevant professional society.

D. participating in live televised

Ie(iures offered for graduate
credit.

031 -13
A subcontractor who prepared 34. Risk management involves
plans that were used by a actions taken by the parties
general contractor without involved in a project aimed at:
benefit of a written contract may
not be hetd liable for unsuitable A. improving the safety record of
plans in event of a costly mistake the parties involvedr
if the:

B. minimizing the impact that

subcontractor clearly unforeseen events might have
disclaimed any responsibility on a project.

for the plans.

C. reducing project costs by
B. general contractor failed to eliminating the cost of

examine the plans closely insurance premiums and

before the work was begun. performance bonds normally
associated with a project.
C. subcontractor can show that
the general corüactor did not D. reducing the environmental
allow sufficient time for impact of the project.
completion of the plans.

D. general contracåor showed the

plans to another
subcontractor who stated the
35. Which of the following is not a
plans were acceptable.
primary role of a professional
association?

A. disciplining members for

professional misconduct.

B. ensuring the continuing

competence of members,

C* ticensjng individuals offering

professional services.

ensuring that professional

educational programs within
the province or territory meet
acceptable standards.

031
36u When an environmental 38. When some aspect of a project
infraction has occurred, liability is identified as potentially having
for the infraction is normally a high risk associated with it, the
assigned to: best approach for dealing with
the risk involved is to make
ail parties involved in the certain that the contract has a
project. clause in it that assigns the risk:

B. the professional member A. to the owner of the project.

associated with the project.
B. to the contractor for the
C. the contractor executing the project
project.

C. to the consultant for the

D. the organization for which the
project.
project is being executed.

D. equitably to all of the padies

involved in the project.

37. Arbitration most commonly takes

place between disputing parties
when: 39. A professional member who is
beginning consulting work is

they mutually consent to most likely to fail because ofa

arbitration. lack of:

B. the dispute is too small to be business ability.

dealt with in court.

B. technical training.
C. it is a preliminary step to get
into court.
C. professional reputation.

D. afl other avenues for settling

D. technical experience.
the dispute have been tried.

031 - 15
44. Which one of the following forms 45. The greatest benefit of
of advertising conforms most completing a graduate degree
closely to the Code of Ethics? (master's or doctoral) is that:

A. A full page pictorial A. one's lifetime earnings may

advertisement In locaÆ be substantially increased.
newspapers showing a major
project recently completed by a
consulting firm and including the
B. one's professional life may be
statement mue are proud to have considerably extended.
contributed our professional
talent and services
important milestone in the
to an
C C, It leads to a career in
research and development or
development of Canada's natural
In teaching.
resources."

D. it contributes to one's
A brochure put out by a confidence and self-esteem.
consulting firm summarizing the
times facilities, *isting its major
professional emptoyees with their
qualifications,major projects
accomplished over past years
and indicating what kind of 46. The inclusion of a force majeure
services the firm offers. clause in a contract:

A company contracts with a pen

manufacturer fot a supply of a A. allows termination of
Wiique style of pens displaying contractual obligations upon
the company title In an completion of substantial
unobtrusive and modest styte. It performance by the parties,
gives each of its professional
employees a supply of these B. excuses delay in the
pens for distribution to clients and
performance of a contract
any potential clients with whom
the employees come in contact.
upon the occurrence of
events beyond the normal
expectations of the parties,
D. A professional member who
specializes in the design of wood
basements contracts with a C. provides for liquidated
television commercial public damages in the event of delay
relations firm to produce a one in completion of the contract.
minute commercial depicting a
x properly constructed basement
D. gives either party a right to
designed by the professional
member and then illustrating one recover for breach under the
which was inadequately theory of quantum meruit.
designed. The description ends
with a display of the professiona{
member's card-

031 -17
47. While excavating on a project 49. In the event of an environmental
site, a contractor discovers that a work site in which
incident at
certainhazardous chemicals had an environmental infraction has
been buried on that site, just a occurred( who is normally
few metres below the surface. exempt from liability?
As a result of the discovery, the
project is delayed to allow for the A. the foreman and the workers
collection and disposition of the on the job site at the time of
hazardous chemicals. Project the infraction.
costs increase significantly.
Who would normally be B. the professional member on
expected to absorb these costs? the job.

C. corporate management who

A. the contractor.
are not directly involved in
activities at the work site.
the owner,

D. nobody. There are no

C. the consultant.
exemptions from liability far V
environmental infractions.
all of the above are jointly
responsible.

50. Most technical societies exist for

the basic purpose of:
48. Arbitration is best described
as?
enforcement of professional

a judicial proceeding
disseminating information.
B. an expression of opinion of
value
C, protecting the public.

C. a method of preventing
D. enhancing the image of the
controversy
members.

a procedure for supervising a

contract

031 -18
51. Corporations found guilty of 53, The Canadian Labour Code is a
violating the Occupational Health Federal statute which regulates
and Safety regulations may be all of the following except:
subject to penalties of:
A. employee entitlement to
A. withdrawal of iicense to holidays and vacations,
operate after the second
offence in any one calendar an employee's right to refuse
year, to perform unsafe work.

B. 'Mthdravval of health insurance C. the basis on which an

coverage after the second enaineer, geologist or
offence in any one calendar geophysicistr [s a citizen

year. and resident of the United

States can work in Canada
c under the provisions of
C. a minimum of $20,000 for
each offence. NAFTA.

D. a maximum of $500,000 for V/ D. certification of trade unions.

each offence.

54. According to the provisions of

52. Under the terms of the Workersf the Occupational Health and
Compensation Act or equivalent Safety Acti a health and safety
legislation, a worker who is committee is required:
injured on the job is entitled tc
collect benefits: A at all work places,

provided the worker was not at work places where 20

found to be negligent while or more workers are
performing the job. employed.

B. provided that the injury was C. at any work placewhere 5 or

not the result of negligence on more workers are employed.
the part of the employer,
at any work place at which a
C. regardless of fault. worker has been injured on
the job duting the previous
twelve month period.
B
D. only if tie injury does not lead
to the permanent disability of
the worker,

031 - 19
55. Ifa worker who is not a member 57. (J nder provisions of the

of a union is unjustly dismissed Occupational Health and Safety

by an emptoyer,. that worker: legislation, a worker who has
reasonable cause to believe that
A, may appeal to a union even the work place in which that
though the worker is not a worker is working is unsafe, may:
union members

refuse to perform tie work.

must join a union before the
worker can expect any help. B. request the Department of
Health to investigate the work
may appeal to the Federal place.
authorities under the Canada
Labour Code for justice. C. ask the union to file a
grievance on the worker's
D. may have the case heard by behalf.
the Court of Appeal of the
province in which the
request that the employer
dismissal occurred, reassign the worker to a
different job,

56. In the event of an accident at the

work site, Workers'
Compensation Board regulations
require that an accident report
be filed:

A. by the injured employee as

soon as that employee is able
to do so-

B. by the employer within 3 days

of the accidente

C. by the employer within 7 days

of flie accident.

D, by the Workers'
Compensation Board
inspector investigating the
accident

031 -20
58. The Workers' Compensation 60. The Combines Investigation Act,
legislation limits an employer's now known as the Competition
liability in the event of a worker Act, allows associations of
being Injured on the job by: manufacturers and contractors
within a particular industry to do
disallowing legal action for all of the following EXCEPT:
compensation to an injured
worker. A. exchange statistics.

B. the monthly
limiting B. restrict advertising.
compensation to an injured
worker to not more than the
discuss prices.
workers wages at the time of
the accident.
D. define trade, industrial, or
professional terminology,
C. limiting the total compensation
provided by the employer to
an injured worker to the year
in which the accident
occurred.
61. One party to a contract
demonstrates by conduct that
D. ensuring the employer will
the palty does not intend to fulfill
match the financial assistance
the contractuat obligations, In
provided by the Workers*
this case, the contract will be
Compensation Board to the
injured worker.
considered discharged if the:

A. intention is recorded by
written notice.

59, Which of the following is

non-defaulting party treats the
administered by the Canadian contract as discharged.
Labour Relations Board as
established by Federal Statute? C. court awards a "quantum
meruitn payment.
A. certification of trade unions.
non-defaulting party ignores
B. minimum employmecut the breach of contract.
standards.

claims of unfair labour

practice.

D. procedures for lawful strikes

and lockouts.

031 -21
62. In order for a false statement to 64. A mandatory arbitration clause in
be a fraudulent
classified as a construction contract means
misrepresentation, it must have that
been made:
A. both parties must give up the
tight to sue each other in the
A. under oath.
event of a dispute.

for personal gaine

minor disputes are referred to
arbitration and only major
C. under duress.
disputes are taken to the
courts.
knowingly.

C. the courts decide which

disputes they will deal with
and which disputes they will
refer to arbitration.
63, A patent that has been issued
for an invention can be
D. parties may not proceed to
transferred to another party only
resolve disputes by lawsuits
if the:
but must submit the disputes
to arbitration.
original inventor has died.

oüner party helped develop

the invention.
65. In most legal cases, the function
assignment is registered with of an expert witness is to:
C.
the Patent Office.
A. provide character references
D. assignment is exclusive. for the plaintiff or defendant.

interpret technical informafion

impartially for the judge.

C. provide estimates of valuation

for determining the amount of
awards.

give opinion evidence

involving scientific or technical
knowledge.

031 - 22
66. A group of professionals has 68. If an obvious item is overlooked
established a corporation for the in a written contract the court
purposes of conducting their may hold that:
professional activities. By doing
so, the shareholders of the
A. the contract is invalid.
corporation realize the benefits
of limited personal liability except B. the contract be renegotiated.
if the:

corporation goes into

CAM c. an implied condition exists. v'/

bankruptcy. D. ithas no authority to rule on

the matter,
B. corporation is used to protect
an individuai perpetrating a
fraud.

C. liabilities of the corporation 69. In order to qualify for registration

exceed its assets. under the Industrial Design Act.
an design must be
industrial
D, corporation defaults on a substantially original and must:
bank loan.

A. have a useful function

B. make unique use of materials

67. Professionals working on or employ a new technique in
its construction
projects in other countries should
avoid payment of secret c
contain features that appeal
commissions, bribes and
to the eye
kickbacks which are sometimes
part of the culture of some
D. have been constructed and its
foreign countries* because it:
function demonstrated

A. could be contrary to business

ethics.

B. cannot be documented as a
legitimate project expense.

could be contrary tokhe laws

of the foreign country.

D. could establish an expensive

precedent and a level of
expectation far future projects
in that country.

031 -23
70, A major section of the Combines 72. Tort concept of fault has
Investigation Act, now known as extended the scope of products
the Competition Actr deals with: by the:
liability

product liability. application of the notion of

reasonable care.
types of business ownership.
B, application of explicit
misleading advertising. warranties.

D. patents.
C. availability of liability
insurance.

extension of the notion of

fraud.
71. Public disclosure of an invention
before fifing will:

A* give the inventor right of

73. The fundamental purpose of tort
first refusal on the
law is to:
invention.

B. give the inventor priotity for

A protect consumers.

filing an application.
compensate ictims of tortious
con u
C. make it impossible to
obtain a valid patent.
C. establish professional
standards.
D. provide a one year grace
period to develop the
D. distinguish between
invention.
négtigence and malpractice.

00b

031 24
74. An appeal by one of the parties 76. The courts would find
to a court of law, questioning a misrepresentation to be
decision of a Board of "innocent" but not *fraudulent"
Arbitration, will be successful if when:
tre arbitration award.'\
A. the accused felt that the
A. included an error in law jn the misrepresentation was not
written award. serious.

B, is appealed within 30 days. the accused party did not

appreciate that a statement is
was held board
with a false.

consisting of one person.

the subject is not within an
D. was based on an professional members area of
interpretation of the evidence
presented to the Board of
Arbitration. the accused party makes a
written statement but does not
include it in the contract.

75. In court, when an expert witness

is called to testify* the expert
witness: 77. Directors and officers of
Corporations in exercising their
powers and discharging their
A. must restrict testimony to the
duties shall:
statement of nothing but the
facts.
A. ensure they protect
B, ispermitted to make any themselves from the liabilities

statements the expert witness associated with the position.

wishes to make because the
court considers the expert B. sign off on the statutory
witness to be an "expert" A
provisions imposing
C responsibilities on directors.
C, ispermitted to express an
opinion with respect to the C. exercise the care, diligence
area of expertise held by the and skill that a reasonably
expett witness. prudent person would
exercise in comparable
D. is not be
likely to circumstances,
cross-examined because the
court considers the expert D. disclose any shareholdings
witness to be the undisputed they may have.
"expertn-

031 -25
78. The term "Trade-Mark" means a 79. Tenders have been soucited for
mark: the design of three large
projects, Representatives of the

used by a manufacturer to only three consulting firms

protect new processes, capable of realistically bidding on
machines Ot products. these projects meet and orally
agree on a collective bid strategy
B. assigned to a manufacturer whereby each firm will be the
by the trade-marks office. successful bidder for one of the
three projects. What is the legal
used to distinguish the status of this bidding
product of one manufacturer agreement?
from similar products
manufactured by others.
A. the agreement is not legally
binding because it is an oral
D. that clearly describes the
agreement.
source of the goods.

B, the agreement is legally

binding notwithstanding that is
an oral agreement.

C. the agreement is not legally /

binding because it is for an
unlawful purpose.

the agreement is Eegafty

binding provided the
successful bids reflect hourly
fees for services falling within
the range of acceptable fees
prescribed by the professional
association„

031 -26
80. Which of the following would 82, Errors are contained in the
NOT be classified as a trade specifications and drawings
secret? prepared by a professional firm
for inclusion in a government
tender package. The successful
A. a chemical formula
tenderer suffers losses as a
result of these errors and sues
a pattern for a machine
the professional firm. The most
likely outcome of the lawsuit is
a patented Invention
that the professional firm is:

D. a list of customers
A. not liable because there is a
disclaimer clause in the
govemment tender package.

81. The COUttS would generally liable because there is no

consider that a term not included privity of contract between
in a contract is "implied" and C/ and the successful tenderer.
therefore applicable to the
contract: C, liable for negligent
misrepresentations

A. if it is clear that the parties /

D. liable for fraud.
must have intended that the
applied term exists

if the term was agreed upon

verbally.

C. the term is sometimes

included in other contracts.

the term was the intended

objective of one Of the parties.

031 27
83. Professionals who undertake 84 A business organization may be
international projects can formed to practice professional
sometimes reduce the risks engineering, geology or
inherent in such projects by: geophysics in Canada providing
that:

establishing a working
relationship with a focal A. the major shareholders in the
advisor or partner. organization are also
registered professional
arranging for an adequate members or licensees of a
insurance policy which would provincial Association of
underuite ali possible losses. Professional Engineers,
Geologists and Geophysicists.
C. establishing a close worklng
relationship with senior B. the business organization is
government and political federaliy incorporated.
leaders.
C. the employee or director
D. assistance from the
soliciting responsible for supervising
World Bank- the professional work done by
the organization is a
professional member or
licensee of the provincial
professional association in
which the organization
conducts business.

D. the professional association

has reviewed and approved
the organizational structure of
the business organization to
ensure {hat it complies with
the act.

031 28
85. How are generat admission 86. On receipt of a complaint about
standards established for the conduct of a person who is
professional associations in registered with a professional
Canada? associations the association
shall;

Admission standards are

legislated by the Federal interview the complainant to
govemment and therefore are obtain firsthand details of the
the same in a!! parts of nature of the complaint
Canada.
conduct a preliminary
B. Admission standards are investigation into the matter.
estabiished independently by
each provincial govemment C. hold a hearing on the matter
and therefore they are with the complainant and
contained in the statutes of
registered person present
each province.
suspend the registration cf
C. Admission standards are
the registered person pending
established by provincial resolution of the matter.
professional associations to
reflect periodic changes in
supply and demand of
professionals.

87. According to the regulations

D Admission standards for all of
accompanying the Engineering,
Canada are established by
Geology and Geophysics Act, a
the National Council of
confirmatory examination is
Professional Engineers,
defined as an examination in
Geologists and Geophysicists,
order to:
and all professional

associations in Canada must

compty with these standards. A complete academic
deficiencies.

assess an engineering,
geology or geophysics
degree.

C. test communication abilities in

the EngEish language.

D. demonstrate general
knowledge related to the
practice of the professions.

031 -29
88, One of the requirements for 90t Ifa professional member
registration as a professional by personally prepares a technical
a province's professional report but does not apply a
association is that a person professional seal to the
must: documents that are included in
the report before releasing it, the
professional member:
have a degree in engineering,
geofogy or geophysics fram
any university. A. cannot be held professionally
responsible for the technical
B. be cf good character and aspect of the report.
reputation.
cannot be held legally
C. be a resident of that province. responsible for the technical
aspect of the report.
be a member of a technical
society recognized by the C. isonly professionally
professional association. responsible for the technical
aspect of the report if it is

shown that the professionai

member was involved with the
preparation work,
894 According to the Act, the
Investigative Committee may D. isonly legally responsible for
terminate an investigation into a the technical of the

complaint about the conduct of a report in the event of a court

member at any time if:

case resulting from a design
error.

A. ttis of the opinion that the

complaint is frivolous or
vexatious.

the is withdrawn-

C. the Council directs the

complaint to be dismissed.

the member resigns.

031
91. Which of the following persons 93. ConsiderationIs an essential
must ü)mply with the an enforceable contract,
part of
Professional Engineers, However, a contract can be
Geologists and Geophysicists formed without exchange of
Act? something of value if:

members-in-training. A. a member of the organization

is going to do the work.
B. prospectors engaged in

prospecting, B. the contract is with a

charitable group.
C. faculty members whose
activities are limited to C. all parties involved state that
teaching engineering, geology there is mutual trust.
or geophysics.
the document is "sealed."
D. technologists under the
supeMsion of a professional
member.

92. Which of the following does not

apply. Council, as governing
body of the Association shall:

approve the registration of

professional members.

B. exercise the powers of the

Association in the name of
and on behalf of the
Association.

C. submit an annual report to the

Minister on the business and
affairs of the Association.

manage and conduct the

business and affairs of the
Association€

031 -31
94. Provincial statutes provide for 95. An applicant for registration as a
the cancellation of registration in professional member states that
a professional association for the applicant had been
various reasons, Reinstatement previously convicted of an
is permissible only under certain offense under the Criminal Code
circumstances. From the of Canada. How does this
situations given below, select the previous conviction affect this
one for which reinstatement is person's application for
typically NOT permitted. registration?

A. a licensee whose registration A, The professional association

was cancelled more than five must refuse this applicant's
years ago. request*

B, a professional member who The applicant, having served

obtained registration by the sentence, is entitled to be
fraudulent means registered.

C. a professional member whose C. The professional association

registration was cancelled may approve the apptican&
because of an extended registration if it sees fit.
period of employment outside
Canada. D. The applicant may be
registered if the conviction fot
D. a professional member whose the offense had occurred at
registration was cancelled as least three years prior to the
a result of disciplinary application for registration.
proceedings

031 -32
96, According to the Engineers, 97. According to the Act, the Court
Geologists and Geophysicists may grant an injunction directing
Act, which person must be any person to cease
registered with fre professional contravention of the Act at the
association? request of:

A, a superintendent providing A. the discipline committee on

contractual supervision of application by way of
construction of a railroad summons.
bridge designed by a
professional member. the President of the
association on application by
B. a techno}ogist engaged and way of originating notice.
supervised by ä professional
member. C. the Professional Practice and
Standards Committee on
C- a member of the Canadian application by way of
Forces while actually summons.
employed on duty with the
forces. D. the Council on application by
way of originating notice
D. an individual employed by a
consulting firm as a
professional engineer,
geologist or geophysicist.
98. Investigated persons who are
found guilty of unprofessional
conduct or unskilled practice or
both may be ordered to do any
of the following except

A. pay a fine

perform voluntary community

service.

C. take continuing education

courses.

D. practice under the supercision

of a professional member

031 - 33
99B When a corporation which has 100. In several provinces, the
been engaged in the practice of professional associations may
engineering, geology or issue a certificate of
geophysics relinquishes its authorization or a permit to
responsibility for the practice, the practice engineering, geology or
Regulations require a geophysics to a company
professional member or licensee intending to engage in the
to: practice providing that die:

transfer that responsibility to A. company employs at least

another member or licensee one professional member of
in the company. the professional association.

B. inform his immediate practice will be personaNy

supervisor. supervised by a full-time
qualified and registered
advise the Registrar of the member of the professional
Association. association working for the
company.
D. advise the Council
C. company makes a proper
application on the prescribed
form and pays the specified
registration fee.

D. company is irmrpoteted
under the Companies Act of
any Canadian province or
territory,

You have completed the test!

031 - 34
Page 1 of 1

04/10/2003
Page 1 of 1

04/10/2003
 Page 1 of 1

04/10/2003
 Page 1 of 1

.:... aft....

04/10/2003
Page 1 of 1

04/10/2003
 Page 1 of 1

16.jpg 04/10/2003
Page 1 of 1

04/10/2003
 Page 1 of 1

j.

04/10/2003
 Page 1 of 1

04/10/2003
Page I of 1

04/10/2003
 Page I of 1

04/10/2003
Page 1 of 1

04/10/2003
Page 1 of 1

04/10/2003
Page 1 of 1

04/10/2003
Page I of 1

04/10/2003
Page 1 of 1

04/10/2003
 Page 1 of 1

{i::•:::i.'":.%:##*\*ä±*#***ææ##;;;:%:;::.t•;:. ..

04/10/2003
 Page lofl

04/10/2003
Page I of 1

04/10/2003
 Page 1 of 1

..ll..é..

04/10/2003