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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Safety Codes Act | 20% | - Legislation and Regulations
|
| Topic 2: Professional Code of Ethics | 40% | - Core Principles
|
| Topic 3: ASETA Act and Bylaws | 40% | - Organization Structure
|
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NEW QUESTION # 98
Who has the authority to enact legislation?
Answer: B
Explanation:
In Canada's legal and political system, the authority to enact "legislation" (formal statutes or Acts) is strictly divided by the Canadian Constitution (specifically the Constitution Act, 1867) between two levels of government: the Federal government and the Provincial governments. The Federal government enacts legislation pertaining to matters of national interest (e.g., criminal law, telecommunications, national defense, copyright). The Provincial governments enact legislation pertaining to matters of regional interest (e.g., property and civil rights, healthcare, education, and the regulation of professions like engineering through Acts such as the EGPA). Municipal governments (cities, towns) do not have the constitutional authority to enact legislation. Instead, they are entirely
"creatures of the province" and only possess delegated authority to pass "bylaws" (e.g., zoning rules, parking regulations, local building permits) under the strict boundaries set by provincial statutes.
Therefore, only the provincial and federal levels of government possess the true constitutional power to enact legislation.
NEW QUESTION # 99
Under most provincial human rights statutes, which of the following is not a prohibited ground of discrimination?
Answer: A
Explanation:
Human rights legislation in Canada (such as the Alberta Human Rights Act) is designed to ensure that all individuals have equal opportunities in areas like employment, housing, and services, free from prejudice. These statutes strictly prohibit discrimination based on inherent personal characteristics or protected classes, which universally include race, religious beliefs, color, gender, physical or mental disability, ancestry, age, marital status, and sexual orientation. However, "Level of education" is not a protected ground. In the context of employment and professional practice, an employer or regulatory body is legally permitted-and in fact required-to discriminate based on a candidate's level of education, skills, and experience if those factors are bona fide occupational requirements. For instance, ASET requires specific technical diplomas for registration, and an engineering firm will legally bypass candidates without the requisite educational background to ensure public safety and technical competence. Merit-based differentiation is a core component of professional hiring and regulation.
NEW QUESTION # 100
An employer changes the employment contract without the employee's consent. The employee refuses to accept the changes. The employment contract is therefore terminated. Which of the following is this an example of?
Answer: A
Explanation:
In Canadian employment law, "constructive dismissal" occurs when an employer makes a unilateral and fundamental change to the terms and conditions of an employee's employment contract without the employee's consent. This can include a significant reduction in salary, a major demotion in duties or title, a forced relocation, or a toxic work environment. Because the employer has fundamentally breached the core of the original employment agreement, the law treats the situation as if the employer has officially terminated the employee, even if the employee is the one who formally resigns in response to the changes. If the employee refuses to accept these major new terms and leaves, they are entitled to claim damages for wrongful dismissal (such as severance pay) just as if they had been outright fired without cause. It is not "just cause" (which refers to firing an employee for severe misconduct), nor is it related to "vicarious liability" (responsibility for another's actions) or a "restrictive covenant" (a non- compete clause).
NEW QUESTION # 101
A regulated member of ASET is asked to participate in interviews for a new technical position at the organization. The member is surprised to see that one of the candidates being interviewed is a close friend.
Which of the following actions should the member take in this situation?
Answer: D
Explanation:
Participating in a hiring panel where a close friend is a candidate represents a direct and significant conflict of interest. The ASET Code of Ethics requires regulated members to act with absolute integrity and to avoid conflicts of interest, but crucially adds: "where such conflict arises, fully disclose the circumstances without delay to the employer or client." Keeping the relationship a secret (Option B) is highly unethical and fraudulent, as it deprives the employer of a fair, unbiased hiring process. Asking the friend to drop out (Option C) is inappropriate and penalizes the friend unnecessarily. While declining to participate (Option D) is an eventual outcome, the immediate and most correct first step is to fully and transparently disclose the friendship to the employer (the HR department or hiring manager) prior to the interviews. Once disclosed, the employer has all the facts and can appropriately decide how to proceed-which almost always involves removing the member from that specific interview panel to maintain the integrity of the hiring process.
NEW QUESTION # 102
A colleague tells a regulated member that a supervisor made unwelcome sexual advances at an after-work party. Which of the following should be the regulated member's first course of action in this situation?
Answer: A
Explanation:
Harassment, including sexual harassment, is a severe violation of professional ethics and occupational health and safety laws, regardless of whether it occurs strictly on company premises or at an after-work party connected to employment. The ASET Code of Ethics requires members to promote health and safety within the workplace, which includes psychological safety and freedom from harassment. When a colleague confides such an incident, doing nothing (A) or dismissing it as irrelevant (D) is unprofessional and lacks empathy. However, because the member is relying on hearsay and did not witness the event, they should generally not make a formal complaint on the victim's behalf without their consent (B), as this strips the victim of their agency and can complicate investigations. The most ethical, professional, and supportive first step is to empower the victim by strongly encouraging the colleague to report the incident directly to Human Resources or the appropriate internal authority so that a formal, legally sound investigation can be initiated.
NEW QUESTION # 103
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