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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Professional Code of Ethics | 40% | - Core Principles
|
| Topic 2: Safety Codes Act | 20% | - Legislation and Regulations
|
| Topic 3: ASETA Act and Bylaws | 40% | - Organization Structure
|
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NEW QUESTION # 107
In general, torts must be intentional or negligent to result in liability. In which of the following situations can the defendant be considered liable?
Answer: C
Explanation:
In tort law, a professional can be held liable for "negligence" if they owed a duty of care, breached that duty by failing to meet the standard of a reasonable professional, and caused damage as a direct result.
A classic example of professional negligence is a "poor building design" (such as a structural flaw or failure to meet code). Crucially, the liability for this negligence does not disappear the moment the building is completed. Under the concept of latent defects and depending on provincial ultimate limitation periods (often 10 to 15 years), a professional can be held civilly liable if their poor design causes injury or catastrophic failure many years after the construction was finished. Options C and D involve situations where the defendant likely fulfilled their duty of care (by issuing a warning) or where the event was a pure accident lacking negligent intent. Therefore, the ongoing liability for a dangerous design flaw is the clearest example of tort liability.
NEW QUESTION # 108
At what point are serious injuries which occur on a job site required to be reported to Alberta Labour by the employer?
Answer: B
Explanation:
Under the Alberta Occupational Health and Safety (OHS) Act, employers have a strict, legal obligation to report specific "serious incidents" to the government (Alberta Labour / OHS regulatory body) immediately, or as soon as practically possible. This rapid reporting requirement allows OHS officers to secure the site, conduct an independent investigation, and prevent further immediate harm. The legislation specifically defines what constitutes a reportable serious injury. It explicitly states that an incident must be reported if it results in an injury that requires a worker to be "admitted to a hospital as an inpatient." There is no waiting period to see if the employee stays for two days (Option C) or a week (Option B). The trigger for the legal reporting requirement is the moment the medical facility formally admits the injured worker as an inpatient. Failure to report such an incident immediately is an offense under the OHS Act and can result in severe legal penalties for the employer and supervisors.
NEW QUESTION # 109
Which of the following boards or committees is responsible for appointing members to the ASET Discipline Committee?
Answer: A
Explanation:
The corporate and regulatory structure of ASET is governed by the Engineering and Geoscience Professions Act (EGPA). The ASET Council functions as the ultimate governing body or "board of directors" for the association. As part of its statutory duty to manage the affairs of the profession and ensure the protection of the public, the ASET Council is granted the legal authority and responsibility to strike and populate the various statutory committees required by the Act. This includes formally appointing the qualified professional members and overseeing the government-appointed public members who sit on the Investigative Committee, the Practice Review Board, and the Discipline Committee. The Discipline Committee does not appoint itself (Option D), nor is it appointed by the Appeal Board (Option B). The Council ensures that the Discipline Committee is composed of experienced, impartial professionals capable of conducting fair, quasi-judicial hearings regarding member misconduct.
NEW QUESTION # 110
Which of the following statements describes the role of a professional regulatory organization?
Answer: D
Explanation:
The primary role of a Professional Regulatory Organization (PRO) like ASET is established by provincial legislation (the EGPA) to protect the public. To achieve this mandate, the most fundamental function of a PRO is to set, maintain, and enforce the qualifications for admission into the profession.
This involves evaluating academic credentials, assessing practical work experience, administering professional practice examinations, and ensuring applicants have good character. By acting as the gatekeeper, the PRO ensures that only competent, qualified individuals are legally permitted to use protected titles and practice engineering technology independently. While PROs may occasionally publish relevant information or coordinate with other bodies, these are secondary functions. Crucially, a PRO is not a union or an advocacy group; its purpose is not to seek employment opportunities, negotiate wages, or protect the financial interests of its members (Option C). Its overriding duty is regulatory-ensuring the competency of its practitioners to safeguard public welfare.
NEW QUESTION # 111
A regulated member of ASET has witnessed consistent unprofessional behaviour by a competitor organization, and so the member posts negative comments about the organization to a popular online business review website. The competitor believes the negative comments have harmed sales and threatened the reputation of the organization. Under which of the following areas of law might the regulated member be considered liable?
Answer: C
Explanation:
Tort law is a branch of civil law that deals with civil wrongs (other than breach of contract) that cause harm or loss to another party, resulting in legal liability for the person who commits the tortious act. In this scenario, the regulated member publicly posted negative comments that allegedly harmed the competitor's business reputation and sales. This action falls under a specific type of tort known as
"defamation" (specifically "libel," since it is written/published online). Even if the member believes they were justified, making public statements that damage another organization's financial standing without utilizing proper regulatory or legal channels exposes the member to a civil lawsuit for damages.
Furthermore, the ASET Code of Ethics requires members to conduct themselves with fairness and courtesy toward clients, colleagues, and others. Publicly smearing a competitor online is not only a potential tort but also highly unprofessional conduct.
NEW QUESTION # 112
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