TEST BANK FOR Practical Law of Architecture, Engineering, and Geoscience 3rd Canadian Ed By Brian M.

Chapter 1 The Canadian Legal System 4
Chapter 2 Regulation of the Professions 5
Chapter 3 Ethical Considerations 6
Chapter 4 Property Law 7
Chapter 5 Business Organizations 10
Chapter 6 Contracts 12
Chapter 7 Breach of Contract 14
Chapter 8 Interpreting and Drafting Contracts 16
Chapter 9 Selected Contract Issues 17
Chapter 10 Getting to a Contract 20
Chapter 11 Specific Contracts and Clauses 24
Chapter 12 Torts 26
Chapter 13 Common Issues in Contract and Tort 28
Chapter 14 Dispute Resolution and Expert Evidence 30
Chapter 15 Risk, Responsibility, and Dispute Avoidance 32
Chapter 16 Insurance 33
Chapter 17 Bonds 36
Chapter 18 Construction Liens 38
Chapter 19 Delay and Impact Claims 40
Chapter 20 Labour Law 42
Chapter 21 Employment Law 44
Chapter 22 Health and Safety Law 46
Chapter 23 Environmental Law 47
Chapter 24 Aboriginal Law 49
Chapter 25 Securities Law 50
Chapter 26 Privacy Law 51
Chapter 27 Internet Law 52
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Chapter 1 The Canadian Legal System
TRUE FALSE
1. Civil litigants have an automatic right of appeal to the Supreme Court of Canada.
Answer: False Page: 2 Difficulty: Moderate Skill: Applied
SHORT ANSWER
2. What rule applies when federal and provincial legislation have a direct operational
conflict?
Answer: The federal legislation trumps the provincial legislation to the extent of the
contradiction. This is called the doctrine of paramountcy.
Page: 1 Difficulty: Moderate Skill: Applied
MULTIPLE CHOICE
3. Which of the following is a federal power under the Canadian Constitution?
a. fisheries
b. management of hospitals
c. governance of the professions
d. contracts
Answer: a
Comment: The others are within provincial government jurisdiction.
Page: 1 Difficulty: Easy Skill: Applied
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Chapter 2 Regulation of the Professions
TRUE FALSE
4. To be eligible for registration as a professional engineer in Canada, applicants must
first sit an exam to evaluate their technical ability.
Answer: False Page: 11 Difficulty: Moderate Skill: Recall
Comment: Only applicants who are graduates of non-accredited universities need sit
technical exams.
SHORT ANSWER
5. Explain what is meant by self-regulation.
Answer: Self-regulation is when a profession is given statutory authority to govern itself.
Page: 8 Difficulty: Easy Skill: Recall
MULTIPLE CHOICE
6. Engineers Canada has professional-level reciprocity agreements with all of the
following jurisdictions except?
a. Mexico
b. United Kingdom
c. France
d. Texas
Answer: b
Comment: Engineers Canada has only an educational-level reciprocity agreement with
the United Kingdom.
Page: 11 Difficulty: Difficult Skill: Recall
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Chapter 3 Ethical Considerations
TRUE FALSE
7. Codes of ethics have detailed lists of what professionals are prohibited from doing.
Answer: False Page: 15 Difficulty: Difficult Skill: Applied
Comment: Usually codes of ethics are written in general terms defining a vague threshold
of acceptable behaviour. This is evident from the excerpts on page 15.
SHORT ANSWER
8. Name the four persons (or groups) professionals owe ethical duties to.
Answer: The public, client, employer, and profession.
Page: 16 Difficulty: Difficult Skill: Recall
MULTIPLE CHOICE
9. What is the definition of a “facilitation payment” under the Corruption of Foreign
Public Officials Act in Canada?
a. payments made to secure contracts
b. payment for the acquisition of land rights
c. small payments made to expedite processing of routine approvals
d. vacation pay
Answer: c
Comment: Facilitation payments are an exception to the rule against bribery of foreign
public officials under the CFPOA.
Page: 21 Difficulty: Medium Skill: Recall
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Chapter 4 Property Law
TRUE FALSE
10. You have the legal right to prevent your neighbour from building a tall house that
obstructs your view of the ocean.
Answer: False Page: 27 Difficulty: Moderate Skill: Applied
Comment: Property ownership does not include the right to a view over neighbouring
land.
SHORT ANSWER
11. A mobile amusement ride is bolted to the ground so that it is stable during operation.
Is the ride real property or personal property?
Answer: Personal property. If the purpose of the fixing is to better enjoy the item fixed,
the act of fixing does not make the item real property.
Page: 24 Difficulty: Moderate Skill: Applied
MULTIPLE CHOICE
12. Your neighbour intends to dig a basement close to your property boundary. The
neighbour wants to ensure lateral support to your land, and so installs ground anchors that
extend under your land. Has the neighbour done anything wrong?
a. no, the neighbour is complying with his duty to provide lateral support
b. no, the neighbour is entitled to take reasonable steps to facilitate construction on
his land
c. yes, the neighbour’s anchors are trespassing onto your land because you did not
agree to them being installed
d. yes, ground anchors stretch as they take load, and so your land will settle as this
occurs; the neighbour has compromised lateral support to your land
Answer: c
Comment: The right to place items on or under another person’s land must be established
by contract.
Page: 26 Difficulty: Moderate Skill: Applied