ENGR 413 MIDTERM STUDY GUIDE
WITH COMPLETE SOLUTION
Three primary features of the Constitution - ANSWER Division of powers, the
creation of the courts, and the Canadian Charter of Rights and Freedoms
What falls under federal jurisdiction? - ANSWER national defence, the postal
service, broadcasting, criminal law, and specific fields such as patent law
Patents and shipping disputes
What falls under provincial jurisdiction? - ANSWER Most areas of private law,
such as property rights, contracts, negligence law, and construction liens
laws affecting architecture, engineering, and geo science practice fall under
provincial jurisdiction.
Which law prevails, provincial or federal? - ANSWER Federal
Competition Act - ANSWER Matters such as bid rigging and unfair trade
practices are governed by the Competition Act, which is a federal statute
Which courts do each province have? - ANSWER A trial court and court of
appeal
Trial Level Court - ANSWER Has the same powers as the Court of Queens
Bench
Inherent Jurisdiction
Judges are appointed by the governor general
Inherent Jurisdiction - ANSWER a concept based on the common law
,doctrine that a superior court has the authority to hear any matter that
appears before it; may be overridden by statute or legislation
What is the ultimate level of appeal? - ANSWER Supreme Court
How can you bring an appeal to the Supreme Court? - ANSWER Obtain leave
from the supreme court by demonstrating that there is at least one matter of
national importance
Provincial Court - ANSWER lowest level of Canadian courts
Provincial criminal courts and civil small claims court
Small claims court - ANSWER maximum award amount $25,000
no jurisdiction over construction leins
The charter - ANSWER Section of the constitution that gives individual rights
to all canadians and some non-citizens
Applies to acts of the government but not between private parties
Subordinate legislation - ANSWER Regulations created by agencies (and any
resultant entity)
Common Law - ANSWER Laws created by judges based off of British Law
principles
Civil Law - ANSWER Used by Qubec and Louisiana, based off of the
Napoleonic Code of France
All law is statute based
Qubec Law - ANSWER Dictated by the Civil Code
Characteristics of Construction Litigation - ANSWER Large # of parties
,involved
Large # of documents produced that are relevant to the case
What should an unpaid subcontractor do in the case of an insolvency
dispute? - ANSWER File a lien or assert a claim against a labor and material
payment bond
Lien - ANSWER a right to keep possession of property belonging to another
person until a debt owed by that person is discharged.
Limitation period - ANSWER the period of time within which legal action
must be taken
How can parties in a project allocate risk to minimize it for themselves? -
ANSWER Design contracts to allocate risks between the parties
Use insurance to shift risk to the insurer
Use bonds to protect parties from risk of non-performance or non-payment
Include contractual disclaimers to shift risk
Contract - ANSWER Voluntary agreements between two or more parties that
set out the rights, responsibilities, and liabilities of the parties to each other.
Tort - ANSWER Acts comitted by one party in violation to the rights of
another party
Negligence claim - ANSWER Asserted by a party who has been injured, either
financially or physically, by the act or omission of another party
You do not need a contractual relationship to file a negligence claim
Right to Title - ANSWER The professional regularity authority can regulate
, the exclusive right for its members to use a particular title
Protected by the regulatory bodies through discipline and enforcement
proceedings
Scope of practice - ANSWER no one can practise within the exclusive scope
of practice of these professions without being licensed
Principal functions of professional regulatory bodies - ANSWER register
members, regulate the practice of its members, discipline members, and
enforce the legislation against non-members who are practising illegally
Obligations of a professional - ANSWER Practice their profession
competently and in accordance to the code of ethics of their regulatory body
Continue professional development
Practice audits
Dicipline - ANSWER Charging a member and proceeding to a hearing to
determine guilt
Enforcement - ANSWER the process of charging a non-member with either
using the protected professional title in breach of the right to title or
practising the profession in breach of the exclusive scope of practice
Penalties for Dicipline - ANSWER reprimands, suspensions, fines, termination
of licences, educational requirements, and mentor- ship requirements
quasi-criminal
reciprocity agreements - ANSWER Agreements that exist between places that
have licensing requirements
Which title can a graduate engineering student take - ANSWER no title until
WITH COMPLETE SOLUTION
Three primary features of the Constitution - ANSWER Division of powers, the
creation of the courts, and the Canadian Charter of Rights and Freedoms
What falls under federal jurisdiction? - ANSWER national defence, the postal
service, broadcasting, criminal law, and specific fields such as patent law
Patents and shipping disputes
What falls under provincial jurisdiction? - ANSWER Most areas of private law,
such as property rights, contracts, negligence law, and construction liens
laws affecting architecture, engineering, and geo science practice fall under
provincial jurisdiction.
Which law prevails, provincial or federal? - ANSWER Federal
Competition Act - ANSWER Matters such as bid rigging and unfair trade
practices are governed by the Competition Act, which is a federal statute
Which courts do each province have? - ANSWER A trial court and court of
appeal
Trial Level Court - ANSWER Has the same powers as the Court of Queens
Bench
Inherent Jurisdiction
Judges are appointed by the governor general
Inherent Jurisdiction - ANSWER a concept based on the common law
,doctrine that a superior court has the authority to hear any matter that
appears before it; may be overridden by statute or legislation
What is the ultimate level of appeal? - ANSWER Supreme Court
How can you bring an appeal to the Supreme Court? - ANSWER Obtain leave
from the supreme court by demonstrating that there is at least one matter of
national importance
Provincial Court - ANSWER lowest level of Canadian courts
Provincial criminal courts and civil small claims court
Small claims court - ANSWER maximum award amount $25,000
no jurisdiction over construction leins
The charter - ANSWER Section of the constitution that gives individual rights
to all canadians and some non-citizens
Applies to acts of the government but not between private parties
Subordinate legislation - ANSWER Regulations created by agencies (and any
resultant entity)
Common Law - ANSWER Laws created by judges based off of British Law
principles
Civil Law - ANSWER Used by Qubec and Louisiana, based off of the
Napoleonic Code of France
All law is statute based
Qubec Law - ANSWER Dictated by the Civil Code
Characteristics of Construction Litigation - ANSWER Large # of parties
,involved
Large # of documents produced that are relevant to the case
What should an unpaid subcontractor do in the case of an insolvency
dispute? - ANSWER File a lien or assert a claim against a labor and material
payment bond
Lien - ANSWER a right to keep possession of property belonging to another
person until a debt owed by that person is discharged.
Limitation period - ANSWER the period of time within which legal action
must be taken
How can parties in a project allocate risk to minimize it for themselves? -
ANSWER Design contracts to allocate risks between the parties
Use insurance to shift risk to the insurer
Use bonds to protect parties from risk of non-performance or non-payment
Include contractual disclaimers to shift risk
Contract - ANSWER Voluntary agreements between two or more parties that
set out the rights, responsibilities, and liabilities of the parties to each other.
Tort - ANSWER Acts comitted by one party in violation to the rights of
another party
Negligence claim - ANSWER Asserted by a party who has been injured, either
financially or physically, by the act or omission of another party
You do not need a contractual relationship to file a negligence claim
Right to Title - ANSWER The professional regularity authority can regulate
, the exclusive right for its members to use a particular title
Protected by the regulatory bodies through discipline and enforcement
proceedings
Scope of practice - ANSWER no one can practise within the exclusive scope
of practice of these professions without being licensed
Principal functions of professional regulatory bodies - ANSWER register
members, regulate the practice of its members, discipline members, and
enforce the legislation against non-members who are practising illegally
Obligations of a professional - ANSWER Practice their profession
competently and in accordance to the code of ethics of their regulatory body
Continue professional development
Practice audits
Dicipline - ANSWER Charging a member and proceeding to a hearing to
determine guilt
Enforcement - ANSWER the process of charging a non-member with either
using the protected professional title in breach of the right to title or
practising the profession in breach of the exclusive scope of practice
Penalties for Dicipline - ANSWER reprimands, suspensions, fines, termination
of licences, educational requirements, and mentor- ship requirements
quasi-criminal
reciprocity agreements - ANSWER Agreements that exist between places that
have licensing requirements
Which title can a graduate engineering student take - ANSWER no title until
