1.01 This Regulation is made pursuant to section 87 of the Professional Code (R.S.Q., c. C26).
1.02 In this Regulation, unless the context indicates otherwise, the word "client" means a person to whom an engineer provides professional services, including an employer.
1.03 The Interpretation Act (R.S.Q., c. 1-16), with present and future amendments, applies to this Regulation.
2.01 In all aspects of his work, the engineer must respect his obligations towards man and take into account the consequences of the performance of his work on the environment and on the life, health and property of every person.
2.02 The engineer must support every measure likely to improve the quality and availability of his professional services.
2.03 Whenever an engineer considers that certain works are a danger to public safety, he must notify the Ordre des ingenieurs du Quebec (Order) or the persons responsible for such work.
2.04 The engineer shall express his opinion on matters dealing with engineering only if such opinion is based on sufficient knowledge and honest convictions.
2.05 The engineer must promote educational and information measures in the field in which he practices.
3.01.01 Before accepting a mandate, an engineer must bear in mind the extent of his proficiency and aptitudes and also the means at his disposal to carry out the mandate.
3.01.02 An engineer must at all times acknowledge his client's right to consult another engineer. If it is in the client's interest, the engineer shall retain the services of experts after having informed his client thereof, or he shall advise the latter to do so.
3.01.03 An engineer must refrain from practicing under conditions or in circumstances which could impair the quality of his services.
3.02.01 An engineer must fulfill his professional obligations with integrity.
3.02.02 An engineer must avoid any misrepresentation with respect to his level of competence or the efficiency of his own services and of those generally provided by the members of his profession.
3.02.03 An engineer must, as soon as possible, inform his client of the extent and the terms and conditions of the mandate entrusted to him by the latter and obtain his agreement in that respect.
3.02.04 An engineer must refrain from expressing or giving contradictory or incomplete opinions or advice, and from presenting or using plans specifications and other documents which he knows to be ambiguous or which are not sufficiently explicit.
3.02.05 An engineer must inform his client as early as possible of any error that might cause the latter prejudice and which cannot be easily rectified, made by him in the carrying out of his mandate.
3.02.06 An engineer must take reasonable care of the property entrusted to his care by a client and he may not lend or use it for purposes other than those for which it has been entrusted to him.
3.02.07 Where an engineer is responsible for the technical quality of engineering work, and his opinion is ignored, the engineer must clearly indicate to his client, in writing, the consequences which may result therefrom.
3.02.08 The engineer shall not resort to dishonest or doubtful practices in the performance of his professional activities.
3.02.09 An engineer shall not pay or undertake to pay, directly or indirectly, any benefit, rebate or commission in order to obtain a contract or upon the carrying out of engineering work.
3.02.10 An engineer must be impartial in his relations between his client and the contractors, suppliers and other persons doing business with his client.
3.03.01 An engineer must show reasonable availability and diligence in the practice of his profession
3.03.02 In addition to opinion and counsel, the engineer must furnish his client with any explanations necessary to the understanding and appreciation of the services he is providing him.
3.03.03 An engineer must give an accounting to his client when so requested by the latter.
3.03.04 An engineer may not cease to act for the account of a client unless he has just and reasonable grounds for so doing. The following shall, in particular, constitute just and reasonable grounds
3.03.05 Before ceasing to exercise his functions for the account of client, the engineer must give advance notice of withdrawal within a reasonable time.
3.04.01 An engineer must affix his seal and signature on the original and the copies of every plan, specification, technical report, survey, contract specification and other engineering documents prepared by himself or prepared under his immediate control and supervision by persons who are not members of the Order. An engineer may also affix his seal and signature on the original and the copies of documents mentioned in this section which hay' been prepared, signed and sealed by another engineer. An engineer must not affix his seal and signature except in the cases provided for in this section.
3.05.01 An engineer must, in the practice of his profession, subordinate his personal interest to that of his client.
3.05.02 An engineer must ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his client. Without restricting the generality of the foregoing, an engineer shall not accept, directly or indirectly, any benefit or rebate in money or otherwise from a supplier of goods or services relative to engineering work which he performs for the account of a client.
3.05.03 An engineer must safeguard his professional independence at all times and avoid any situation which would put him in conflict of interest.
3.05.04 As soon as he ascertains that he is in a situation of conflict of interest, the engineer must notify his client thereof and ask his authorization to continue his mandate.
3.05.05 An engineer shall share his fees only with a colleague and to the extent where such sharing corresponds to a distribution of services and responsibilities.
3.05.06 In carrying out a mandate, the engineer shall generally act only for one of the parties concerned, namely, his client. However, where his professional duties require that he act otherwise, the engineer must notify his client thereof. He shall accept the payment of his fees only from his client or the latter's representative.
3.06.01 An engineer must respect the secrecy of all confidential information obtained in the practice of his profession.
3.06.02 An engineer shall be released from professional secrecy only with the authorization of his client or whenever so ordered by law.
3.06.03 An engineer shall not make use of confidential information to the prejudice of a client or with a view to deriving, directly or indirectly, an advantage for himself or for another person.
3.06.04 An engineer shall not accept a mandate which entails or may entail the disclosure or use of confidential information or documents obtained from another client without the latter's consent
3.07.01 An engineer must respect the right of his client to take cognizance of and to obtain copies of the documents that concern the latter in any record which the engineer has made regarding that client.
3.08.01 An engineer must charge and accept fair and reasonable fees.
3.08.02 Fees are considered fair and reasonable when they are justified by the circumstances and correspond to the services rendered. In determining his fees, the engineer must, in particular, take the following factors into account:
3.08.03 An engineer must inform his client of the approximate his services and of the terms and conditions of payment. He shall refrain from demanding advance payment of his fees; he may however, demand payment on account.
3.08.04 An engineer must give his client all the necessary explanations for the understanding of his statement of fees and the terms and conditions of its payment.
4.01.01In addition to those referred to in section 57 and 58 Professional Code, the following acts are derogatory to the dignity of the profession.
4.02.01 An engineer whose participation in a council for the arbitration of accounts, a committee on discipline or a professional inspection committee is requested by the Order, must accept this duty unless he has exceptional grounds for refusing.
4.02.02 An engineer must, within the shortest delay, answer all correspondence addressed to him by the syndic of the Order, the assistant syndic or a corresponding syndic, investigators or members of the professional inspection committee or the secretary of the said committee.
4.02.03 An engineer shall not abuse a colleague's good faith, be guilty of breach of trust or be disloyal towards him or willfully damage his reputation. Without restricting the generality of the foregoing the engineer shall not, in particular:
4.02.04 Where a client requests an engineer to examine or review engineering work that he has not performed himself, the latter must notify the engineer concerned thereof and, where applicable ensure that the mandate of his colleague has terminated.
4.02.05 Where an engineer replaces a colleague in engineering work, he must notify that colleague thereof and make sure that the latter' mandate has terminated.
4.02.06 An engineer who is called upon to collaborate with a colleague must retain his professional independence. If a task is entrusted to him and such task goes against his conscience or his principles he may ask to be excused from doing it.
4.03.01 An engineer must, as far as he is able, contribute to the development of his profession by sharing his knowledge and experience with his colleagues and students, and by his participation as professor or tutor in continuing training periods and refresher training courses.