APEGGA-style Practice Examination Part A

This activity contains 50 questions.

An engineer is being pressured by her client (a real estate developer)

to certify a building as ready for occupancy. Which issue should the
engineer consider first and foremost?
253 Delivery of prompt and professional services to the engineer's client.

The need for compensation of contractors who will only be paid upon
certification.
Whether the building is safe for occupancy by the public.

All of the above are equally important issues.

Who sets the ethical standards which professionals are bound by?

14 Professional regulatory bodies adopt codes of ethics or codes of professional

practice to be followed.
The body of case law generated through hundreds of years of court cases
defines the appropriate course of action for ethical dilemmas.
Professional associations publish guidelines to be followed.

Every professional is guided by their own concept of morality.

Which of the following statements regarding penalties is true when a

professional commits a single wrongful act?

15 The professional may be subject to civil and professional disciplinary action, but
cannot be prosecuted criminally for acts done in the role of professional.
If charged with a criminal offence, a professional is immune from regulatory
discipline in relation to the same act.
Once disciplined by a professional regulatory body the professional is immune
from civil suit and criminal prosecution in relation to the same act.
The professional may be subject to criminal, civil, and professional disciplinary
action.

What is the standard of proof for professional misconduct?

15 Absolute certainty.

Beyond a reasonable doubt.

More certain than a balance of probabilities, but less certain than beyond a
reasonable doubt.
Balance of probabilities (more likely than not).

Which of the following is generally true regarding the relationship

between insurance coverage and alleged professional misconduct?

15 Insurance generally covers the cost of legal counsel for defending all allegations
of professional misconduct.
The costs of legal counsel for defending allegations that relate to intentional
behaviour such as fraud are generally not covered, but the costs of defending
allegations in relation to unintentional acts such as negligence are generally
covered.
Insurance only applies after a finding of misconduct and therefore never covers
the cost of defending allegations.
All of the above are false.

A geoscientist has access to data regarding gold deposits, and shares

that information with a friend who trades mining stocks. Which duty
has the geoscientist breached?
16-17 Duty of confidentiality owed to the client.

Duty of loyalty owed to the client.

Duty to uphold the integrity of the profession.

All of the above.

An engineer is concerned about the safety of work methods used be a

contractor. Which of the following best describes the appropriate
course of action?
17 The engineer should insist that the contractor change the work methods under
threat of refusal to certify work for payment.
The engineer should warn the contractor that the work method is considered
unsafe and notify the appropriate occupational health and safety regulatory
 office of the work methods being used.
Work methods of the contractor are the responsibility of the contractor and the
engineer should not interfere.
The engineer should raise the concerns with the contractor, but leave the
ultimate decision regarding work methods to the contractor.

Which of the following statements is false regarding the obligations of

a professional asked to provide expert witness opinion evidence in a
court case involving allegations of professional incompetence.
18 Because civil litigation is an adversarial process, the witness may consider the
interests of the party that hired him or her when formulating the opinion
evidence to be given.
Experts may be compensated for providing opinion evidence in court.

Experts may rely on assumptions when providing opinion evidence.

The role of the expert is to assist the court in understanding technical matters.

Which of the following would not be a conflict of interest?

18 The City seeks an opinion from an engineer on the best route for a new
highway, and one of the two main options would result in a noisy road passing
close by the engineer's residence.
An engineer is asked to rate the relative competence of two bidding contractors,
and one of the contractors is the engineer's brother.
A geoscientist arrives at a project site to perform soils testing for the purpose of
assessing foundation type, and discovers that the landowner is an acquaintance
he attended elementary school with.
All of the above involve conflicts of interest.

Which of the following would be a breach of the duty of loyalty by a

mechanical engineer who works for a company that does only air
conditioning system design?
19 Assisting a friend who is a bicycle shop manager install an extractor fan in a
bicycle workshop.
Advising an acquaintance who is a bicycle shop manager as to the type of
extractor fan that might be suitable for the bicycle workshop.
Working in a bicycle repair shop on the weekends.
 None of the above would be a breach of the duty of loyalty.

What penalties may a professional face for failing to report known

misconduct of another professional?

19 Fine, temporary suspension, and / or expulsion.

Fine and / or temporary suspension.

Fine only.

None if the professional is not personally involved in the "known misconduct".

An engineer is asked to provide a written opinion on the adequacy of

the design of another engineer for the purposes of a court case, but is
concerned that insufficient information has been provided. What is the
minimum precaution the engineer should take?
20 Provide the opinion without expressing concern in the written report, but explain
to the lawyer the opinion is provided to that there are concerns regarding the
sufficiency of the information provided.
Refuse to provide the opinion unless complete information is provided.

Clearly set out in the report the information on which the opinion is based, state
all assumptions underlying the opinion, and state that the opinion may change if
the assumptions made or information relied on are inaccurate.
Provide the opinion on the information given without any written or verbal
expression of concern regarding the sufficiency of the information provided.

Which of the following statements is true?

98 Bid shopping is unethical and victims have a clear legal remedy.

Bid shopping is unethical, but not necessarily illegal.

Bid shopping is rarely practiced.

None of the above.

 A geoscientist prepares a prospectus. There is a mistake in the
prospectus and a private investor sues the geoscientist. The
corporation who commissioned the prospectus does not sue. Which
cause of action should the geoscientist be least concerned about?
269-270 Negligent misrepresentation.

Breach of contract.

Fraud.

Innocent misrepresentation.

If toxic contamination migrates onto your property from a

neighbouring property, which of the following will not generally be a
cause of action you would have?
259 Negligence.

Breach of contract.

Nuisance.

Rylands v. Fletcher.

Which of the following is not a typical task for an architect of record on

a construction project?

20 Approving the construction technique of the main contractor.

Issuing certificates of completion.

Evaluating delay claims.

Certifying progress payments.

Which is not a correct statement regarding change orders?

71 Design errors or oversights are a common cause of change orders.

 A change order that increases the contract sum is called an extra.

A change order that decreases the contract sum is called a credit.

Because contracts are carefully drafted, change orders rarely occur except on
large projects.

At what stage should the contract administrator conduct field reviews?

81 When the contractor declares that the work is finished and ready for inspection.

When the contractor is actually proceeding with the work.

As the contractor is preparing to begin work.

When the contractor has completed the work, but before the certificate of
completion is issued.

A project has been fully designed with drawings and specifications

prepared. The owner is on a tight budget and wants the project built
for the lowest price possible. The owner is prepared to pay the
architect to closely oversee the construction. What type of delivery
system is most appropriate for this situation?
88-89 Request for qualifications

Request for standing offer.

Request for quotation.

Invitation to tender.

Which of the following is generally false in relation to a bidder who

submits a bid in a tender process?

93 The bidder must negotiate with the owner if the owner so requests.

The bidder is owed a duty of fairness when the bid is evaluated.

The bidder cannot revoke the bid.

 The bidder will be obliged to enter into Contract B if the owner accepts the bid.

Which of the following is an effective means for an engineer to ensure

her design meets the standard of a reasonable engineer?

137 Peer review of the design.

Evaluation of the design against checklists produced by the relevant

professional association.
Following well designed procedures when performing the design.

All of the above.

Which of the following is false regarding insurance?

176 Insurance saves the cost of having to defend frivolous claims.

Insurance is always readily available.

It is advisable to have insurance, except that extremely large companies may

have sufficient assets to self insure.
Not having insurance may result in bankruptcy if a large claim is brought.

Which of the following is false regarding subrogation?

178 The rights the insurer receives are no greater than the rights the insured had to
give.
Insurance coverage may be lost if subrogation rights are compromised.

Not all contracts give the insurer a right of subrogation.

Subrogation rights are effective against named insureds.

Which of the following would normally be covered by a consultant's

errors and omissions insurance policy?
187 A claim by the owner for negligent design that resulted in mould.

A claim by the owner for negligent design that resulted in water ingress.

A claim by the owner because the drawings were delivered late.

A claim by the owner because a negligently designed wall fell down and
damaged other property.

Which of the following is false regarding bid bonds?

193 Having a surety provide a bond is the only way for a bidder to provide a bid
bond.
After compensating the owner for the default of the bidder, the surety will be
able to recover against the bidder.
The liability of the bidder to the owner may be limited by the terms of the bid
bond.
If a bid bond is in place, the owner may have fewer remedies against a
defaulting bidder than if there had been no bid bond.

Which of the following relationships is governed by labour law?

226 Employee-construction contractor.

Employer-employee.

Union-management.

All of the above.

Which of the following may be an unfair labour practice at the time a

union is seeking certification?

229 The employer offering pay increases.

The employer laying off workers.

The employer posting notices discrediting the union.

 All of the above.

Which is not a prohibited ground of discrimination?

224 Education.

Religion.

Race.

Sex.

Which of the following most accurately states the duty of the

governments in Canada to consult with Aboriginal people?

266 All aboriginal people who will be affected by the project.

Aboriginal people who have filed an objection to the project.

All aboriginal people who will be affected by the project and who have a proven
claim against the land affected by the project.
All aboriginal people.

Which of the following rights does the copyright holder not hold in
relation to a book?

29 The right to publish the book.

Right to make copies of the book.

Right to create a direct translation of the book.

The right to restrict who can re-sell the book.

Which of the following is least likely to occur in a contract between a

municipality and a large construction consortium?
51 Unconscionability.

Mistake.

Misrepresentation.

Amendment of the contract.

Which of the following is not likely a fundamental term of a

construction contract?

66 The contract sum.

The order in which the work will be done.

The time for completion.

Who name of the party required to perform the work.

Which of the following is not a common issue in construction contacts?

68 Unforeseen conditions.

Change orders.

Incapacity of the parties.

Indemnities.

Which of the following is not suited to the design-build-operate-

finance model of project delivery?

108 A toll road.

A public transport network.

A private road to a ranch.

A public swimming pool.

 Assuming it is the only breach of contract that occurred, which of the
following would likely be a fundamental breach of a contract to build a
house?
125 Failure by the contractor to install essential reinforcement in the concrete of the
foundations.
The owner failing to specify the colour of paint for the living room until a week
past the date for doing so.
The owner providing only 3, instead of 4, copies of construction drawings to the
contractor.
Failure by the contractor to remove all unused building materials from the site.

Which of the following would be a complete defence to a claim of

negligence?

137-139 The plaintiff has insurance for the type of loss suffered.

The harm would have occurred regardless of the defendant's acts.

The plaintiff expected that the loss would occur.

The plaintiff was partly responsible for the harm they suffered.

X purchased a car from Y without asking any questions about its

condition. X later finds out that the brakes are faulty. A reasonably
experienced driver would have been able to tell the brakes were faulty
by driving the car. Can X sue Y for misrepresentation?
139-140 No, A did not ask B any questions and so B was not under a duty to disclose
information regarding patent defects.
Yes, a seller of a car has a duty to disclose all faults to a prospective purchaser.

Yes, a seller has no right to assume that the buyer is knowledgeable about
cars.
Yes, because brakes determine the safety of the car, B had an obligation to
disclose the fault.

Under which tort may a car manufacturer be liable for injury resulting
from defective seatbelts?
144 Breach of duty to warn.

Breach of fiduciary duty.

Fraud.

Nuisance.

Which of the following is false regarding litigation?

156 Litigation is expensive because lawyers are generally required.

The details of the dispute can be kept private.

Disputes normally take a long time to get resolved.

Litigation often takes a heavy emotional toll on the parties.

Generally, which of the following will not have a claim of lien?

205 A subcontractor to the prime contractor.

An architect.

A subcontractor to the architect.

A contractor.

Which documents can be used to prove delay?

222 Correspondence with dates.

Photographs with dates.

As-built schedule.

All of the above.

 Which of the following is usually an implied term of an employment
contract?

237 Length of notice of termination.

Salary.

Number of sick days per year.

Length of vacation.

Which of the following statements regarding regulation of professions

in Canada is false?

8 The regulatory bodies of self regulated professions determine who has the right
to use professional titles associated with that profession.
Professional regulatory bodies ensure that unregistered persons do not practice
the regulated profession.
The right of professions to govern themselves is conferred by federal statute.

Most professions in Canada are self regulated.

What are the primary purposes of national organizations such as

Engineers Canada (formerly the Canadian Council of Professional
Engineers), the Canadian Council of Professional Geoscientists, and the
Royal Architectural Institute of Canada?
9 The are professional regulatory bodies that regulate professionals in Canada.

They coordinate and foster mutual recognition among regulatory bodies and
encourage commonality of operations.
They represent the professions when complaints are made against individual
professionals by members of the public.
They are voluntary associations that aim to provide professionals with
networking opportunities.

Which of the following best describes who may use the title
"Professional Engineer"?
9 Persons who have successfully completed the requirements of an engineer in
training program.
Graduates of a Bachelor of Science Engineering program from an accredited
University.
Persons who work in the engineering industry and are paid up members of
Engineers Canada (formerly the Canadian Council of Professional Engineers).
Anyone working in the engineering industry may use that title.

Which of the following statements regarding scope of practice of a

profession is false?

10 The scope of professional practice is defined keeping in mind overarching goal of

regulation of professions, which is to protect the public.
To protect the integrity of the professions, all definitions of the scope of practice
are specified precisely and without ambiguity.
Definitions of the scope of practice can be either specific or generic.

Ambiguity in the definition of the scope of practice is resolved by considering the

facts of individual cases and keeping in mind the intent and purpose of the
governing legislation.

Why do the definitions for the scope of professional practice often

contain exclusions?

11 Professional liability insurers are not prepared to insure broad categories of

work.
Given the limited number of qualified professionals there would not be sufficient
professional manpower to complete the work required if the definition was broad
and did not contain exclusions.
Exclusions are required to ensure that professionals in neighbouring and
overlapping professions are not in breach of statute of for merely practicing the
profession they are registered to practice.
Exclusions protect the right of professionals to refuse to perform certain types of
work.

Which of the following statements regarding professional registration

is false?

11 Registration must be done in each jurisdiction in which the individual wishes to

practice.
Only individuals, and never the corporations that employ them, are required to
be registered.
 Most regulatory bodies have an examination as part of the registration process.

Registration in multiple jurisdictions may be facilitated by reciprocity

agreements between regulatory bodies.

Which of the following statements regarding use of professional seals

is false?

12 Professionals should not give their seal for others to use on their behalf.

Improper use of a professional seal is a disciplinary offence.

Using a professional seal means that the professional has personally prepared
or supervised the preparation of the documents.
Most regulatory authorities have guidelines for the use of seals.

What is a letter of assurance?

12 An assurance that a project will be completed on time.

An assurance that the professional's fee will not exceed the amount quoted at
the start of the project.
An assurance that a project will be constructed within budget.

A letter by a professional stating that that work has been done in accordance
with the plans or specifications.

Answers

1. An engineer is being pressured by her client (a real estate developer)

to certify a building as ready for occupancy. Which issue should the
engineer consider first and foremost?

Your Answer: The need for compensation of contractors who will

only be paid upon certification.
Correct Answer: Whether the building is safe for occupancy by the
public.

Ethical dilemmas should be resolved in favour of ensuring public

safety.
2. Who sets the ethical standards which professionals are bound by?

Your Answer: Professional regulatory bodies adopt codes of ethics or

codes of professional practice to be followed.

3. Which of the following statements regarding penalties is true when a

professional commits a single wrongful act?

Your Answer: Once disciplined by a professional regulatory body

the professional is immune from civil suit and
criminal prosecution in relation to the same act.
Correct Answer: The professional may be subject to criminal, civil,
and professional disciplinary action.

The rule of double jeopardy applies only to multiple criminal

prosecutions in relation to the same act.

4. What is the standard of proof for professional misconduct?

Your Answer: More certain than a balance of probabilities, but less

certain than beyond a reasonable doubt.

5. Which of the following is generally true regarding the relationship

between insurance coverage and alleged professional misconduct?

Your Answer: Insurance only applies after a finding of

misconduct and therefore never covers the cost of
defending allegations.
Correct Answer: The costs of legal counsel for defending allegations
that relate to intentional behaviour such as fraud
are generally not covered, but the costs of
defending allegations in relation to unintentional
acts such as negligence are generally covered.

Keep in mind that the wording of the insurance policy must be

considered in every case to determine coverage.

6. A geoscientist has access to data regarding gold deposits, and shares

that information with a friend who trades mining stocks. Which duty
 has the geoscientist breached?

Your Answer: Duty of loyalty owed to the client.

Correct Answer: All of the above.

Individual wrongful acts may breach numerous duties.

7. An engineer is concerned about the safety of work methods used be a

contractor. Which of the following best describes the appropriate
course of action?

Your Answer: Work methods of the contractor are the

responsibility of the contractor and the engineer
should not interfere.
Correct Answer: The engineer should warn the contractor that the
work method is considered unsafe and notify the
appropriate occupational health and safety
regulatory office of the work methods being used.

8. Which of the following statements is false regarding the obligations of

a professional asked to provide expert witness opinion evidence in a
court case involving allegations of professional incompetence.

Your Answer: Because civil litigation is an adversarial process, the

witness may consider the interests of the party that
hired him or her when formulating the opinion
evidence to be given.

9. Which of the following would not be a conflict of interest?

Your Answer: An engineer is asked to rate the relative

competence of two bidding contractors, and one of
the contractors is the engineer's brother.
Correct Answer: A geoscientist arrives at a project site to perform
soils testing for the purpose of assessing
foundation type, and discovers that the landowner
is an acquaintance he attended elementary school
with.

On the facts given, the Geoscientist would have no incentive to

incorrectly specify the soil test results.
10. Which of the following would be a breach of the duty of loyalty by a
mechanical engineer who works for a company that does only air
conditioning system design?

Your Answer: Advising an acquaintance who is a bicycle shop

manager as to the type of extractor fan that might be
suitable for the bicycle workshop.

11. What penalties may a professional face for failing to report known
misconduct of another professional?

Your Answer: None if the professional is not personally involved

in the "known misconduct".
Correct Answer: Fine, temporary suspension, and / or expulsion.

Members of self regulated professions have a duty to report the

misconduct of their peers.

12. An engineer is asked to provide a written opinion on the adequacy of

the design of another engineer for the purposes of a court case, but is
concerned that insufficient information has been provided. What is the
minimum precaution the engineer should take?

Your Answer: Provide the opinion on the information given

without any written or verbal expression of
concern regarding the sufficiency of the
information provided.
Correct Answer: Clearly set out in the report the information on
which the opinion is based, state all assumptions
underlying the opinion, and state that the opinion
may change if the assumptions made or
information relied on are inaccurate.

Only in very rare cases would answer A be the correct course of

action. More often, there may be a variety of reasons for information
not being complete and to the extent incomplete information is
provided, the opinion writer should make assumptions as necessary
and clearly state them in the report.

13. Which of the following statements is true?

Your Answer: Bid shopping is unethical, but not necessarily illegal.

14. A geoscientist prepares a prospectus. There is a mistake in the
prospectus and a private investor sues the geoscientist. The
corporation who commissioned the prospectus does not sue. Which
cause of action should the geoscientist be least concerned about?

Your Answer: Negligent misrepresentation.

Correct Answer: Breach of contract.

Since there was no contract with the investor (there was only one with
the company), there will be no claim for breach of contract.

15. If toxic contamination migrates onto your property from a

neighbouring property, which of the following will not generally be a
cause of action you would have?

Your Answer: Negligence.

Correct Answer: Breach of contract.

Neighbours seldom have contracts with one another to not pollute

each others property.

16. Which of the following is not a typical task for an architect of record on
a construction project?

Your Answer: Certifying progress payments.

Correct Answer: Approving the construction technique of the main
contractor.

The method of construction is generally at the discretion of the

contractor

17. Which is not a correct statement regarding change orders?

Your Answer: Design errors or oversights are a common cause of

change orders.
Correct Answer: Because contracts are carefully drafted, change
orders rarely occur except on large projects.

Even on small projects change orders are common.

18. At what stage should the contract administrator conduct field reviews?

Your Answer: When the contractor has completed the work, but
before the certificate of completion is issued.
Correct Answer: When the contractor is actually proceeding with
the work.

Administrators will typically be required to perform multiple reviews,

the majority of which should be done while the work is underway.

19. A project has been fully designed with drawings and specifications
prepared. The owner is on a tight budget and wants the project built
for the lowest price possible. The owner is prepared to pay the
architect to closely oversee the construction. What type of delivery
system is most appropriate for this situation?

Your Answer: Request for qualifications

Correct Answer: Invitation to tender.

The clearly defined scope of work and requirement for a low price
make an invitation for tender the best delivery system.

20. Which of the following is generally false in relation to a bidder who

submits a bid in a tender process?

Your Answer: The bidder will be obliged to enter into Contract B

if the owner accepts the bid.
Correct Answer: The bidder must negotiate with the owner if the
owner so requests.

The owner must generally accept or reject bids as they stand; bidders
are not obliged to negotiate.

21. Which of the following is an effective means for an engineer to ensure

her design meets the standard of a reasonable engineer?

Your Answer: Following well designed procedures when

performing the design.
Correct Answer: All of the above.
22. Which of the following is false regarding insurance?

Your Answer: It is advisable to have insurance, except that

extremely large companies may have sufficient
assets to self insure.
Correct Answer: Insurance is always readily available.

Depending on the market and the claims history of the applicant,

insurance may not be available.

23. Which of the following is false regarding subrogation?

Your Answer: Subrogation rights are effective against named

insureds.

24. Which of the following would normally be covered by a consultant's

errors and omissions insurance policy?

Your Answer: A claim by the owner because a negligently designed

wall fell down and damaged other property.

25. Which of the following is false regarding bid bonds?

Your Answer: If a bid bond is in place, the owner may have

fewer remedies against a defaulting bidder than if
there had been no bid bond.
Correct Answer: Having a surety provide a bond is the only way for
a bidder to provide a bid bond.

Letters of credit or cash as security may sometimes be used instead of

bid bonds.

26. Which of the following relationships is governed by labour law?

Your Answer: Employer-employee.

Correct Answer: Union-management.

Employer (including contractors)-employee relationships are classed as

employment law.
27. Which of the following may be an unfair labour practice at the time a
union is seeking certification?

Your Answer: The employer offering pay increases.

Correct Answer: All of the above.

However, in each case it depends on the context and the employer's

motives.

28. Which is not a prohibited ground of discrimination?

Your Answer: Religion.

Correct Answer: Education.

Human rights legislation is different in every province, but education is

never a prohibited ground of discrimination.

29. Which of the following most accurately states the duty of the
governments in Canada to consult with Aboriginal people?

Your Answer: All aboriginal people.

Correct Answer: All aboriginal people who will be affected by the
project.

30. Which of the following rights does the copyright holder not hold in
relation to a book?

Your Answer: Right to make copies of the book.

Correct Answer: The right to restrict who can re-sell the book.

Once a book has been sold, the new owner can sell that hardcopy to
anyone.

31. Which of the following is least likely to occur in a contract between a

municipality and a large construction consortium?

Your Answer: Misrepresentation.

Correct Answer: Unconscionability.

Unconscionability, which typically relieves vulnerable parties from

 unfair contractual provisions, is unlikely between powerful
sophisticated parties.

32. Which of the following is not likely a fundamental term of a

construction contract?

Your Answer: The order in which the work will be done.

33. Which of the following is not a common issue in construction contacts?

Your Answer: Incapacity of the parties.

34. Which of the following is not suited to the design-build-operate-finance

model of project delivery?

Your Answer: A public swimming pool.

Correct Answer: A private road to a ranch.

The design-build-operate-finance model is generally only appropriate

where there will be an income stream to provide revenue. This would
not be the case for a private road to a ranch.

35. Assuming it is the only breach of contract that occurred, which of the
following would likely be a fundamental breach of a contract to build a
house?

Your Answer: The owner failing to specify the colour of paint for
the living room until a week past the date for doing
so.
Correct Answer: Failure by the contractor to install essential
reinforcement in the concrete of the foundations.

The more serious the breach, the more likely it is to be a fundamental

breach.

36. Which of the following would be a complete defence to a claim of

negligence?

Your Answer: The plaintiff expected that the loss would occur.
 Correct Answer: The harm would have occurred regardless of the
defendant's acts.

If the harm would have occurred regardless, causation is not

established. The plaintiff being partly to blame may reduce damages,
but it is not a complete defence.

37. X purchased a car from Y without asking any questions about its
condition. X later finds out that the brakes are faulty. A reasonably
experienced driver would have been able to tell the brakes were faulty
by driving the car. Can X sue Y for misrepresentation?

Your Answer: Yes, a seller of a car has a duty to disclose all

faults to a prospective purchaser.
Correct Answer: No, A did not ask B any questions and so B was
not under a duty to disclose information regarding
patent defects.

There is no obligation to negotiate in good faith. However, one must

truthfully answer questions asked.

38. Under which tort may a car manufacturer be liable for injury resulting
from defective seatbelts?

Your Answer: Breach of duty to warn.

39. Which of the following is false regarding litigation?

Your Answer: Disputes normally take a long time to get resolved.

Correct Answer: The details of the dispute can be kept private.

Court judgments are published and so the privacy of the parties is not
protected.

40. Generally, which of the following will not have a claim of lien?

Your Answer: A subcontractor to the architect.

41. Which documents can be used to prove delay?

 Your Answer: As-built schedule.
Correct Answer: All of the above.

An accurate as-built schedule may be most useful, but all of the items
listed could be used to prove delay.

42. Which of the following is usually an implied term of an employment

contract?

Your Answer: Length of notice of termination.

43. Which of the following statements regarding regulation of professions

in Canada is false?

Your Answer: Professional regulatory bodies ensure that

unregistered persons do not practice the regulated
profession.
Correct Answer: The right of professions to govern themselves is
conferred by federal statute.

Regulation of professions is within provincial government jurisdiction.

44. What are the primary purposes of national organizations such as

Engineers Canada (formerly the Canadian Council of Professional
Engineers), the Canadian Council of Professional Geoscientists, and the
Royal Architectural Institute of Canada?

Your Answer: They coordinate and foster mutual recognition among

regulatory bodies and encourage commonality of
operations.

45. Which of the following best describes who may use the title
"Professional Engineer"?

Your Answer: Graduates of a Bachelor of Science Engineering

program from an accredited University.
Correct Answer: Persons who have successfully completed the
requirements of an engineer in training program.

Most professions require a period of apprenticeship in which university

graduates are required to meet specified criteria before becoming
 registered.

46. Which of the following statements regarding scope of practice of a

profession is false?

Your Answer: Ambiguity in the definition of the scope of practice

is resolved by considering the facts of individual
cases and keeping in mind the intent and purpose
of the governing legislation.
Correct Answer: To protect the integrity of the professions, all
definitions of the scope of practice are specified
precisely and without ambiguity.

Defining neighbouring professions without overlap is a challenging task

and some ambiguity in the definitions of scope of each profession is
inevitable.

47. Why do the definitions for the scope of professional practice often
contain exclusions?

Your Answer: Exclusions protect the right of professionals to

refuse to perform certain types of work.
Correct Answer: Exclusions are required to ensure that
professionals in neighbouring and overlapping
professions are not in breach of statute of for
merely practicing the profession they are
registered to practice.

48. Which of the following statements regarding professional registration is

false?

Your Answer: Registration must be done in each jurisdiction in

which the individual wishes to practice.
Correct Answer: Only individuals, and never the corporations that
employ them, are required to be registered.

49. Which of the following statements regarding use of professional seals

is false?

Your Answer: Using a professional seal means that the professional

has personally prepared or supervised the preparation
of the documents.
50. What is a letter of assurance?

Your Answer: An assurance that a project will be constructed

within budget.
Correct Answer: A letter by a professional stating that that work
has been done in accordance with the plans or
specifications.