November 2009 issue
|
|
Professional Practice & Ethics Corner
APEGGA members with professional practice or ethics questions are welcome to mail them to Ray Chopiuk, P.Eng., Director, Professional Practice, APEGGA, 1500 Scotia One, 10060 Jasper Ave NW, Edmonton, AB T5J 4A2; fax them to 780-426-1877; or e-mail them to rchopiuk@apega.ca.
Q Is it true that engineering/geoscience firms must not provide free engineering/geoscience to secure paid work? Would it be considered unethical if the free work was for unselfish or charitable reasons? I have a reference for this situation in the U.S. but I am looking for a reference for Alberta and Canada.
A In Canada, the practice of engineering and geoscience is regulated on a province-by-province basis, and each jurisdiction will have its own particular criteria for what constitutes unethical conduct. Most jurisdictions’ criteria are similar, but there are variations. Some criteria are more definitive than Alberta’s, and even ours were once more clearly worded than they are now.
APEGGA’s previous Code of Ethics, which was in force prior to February 2003, had the following to say under Rule 8:
8b “They [professional members] shall not give or receive any payments for the purpose of influencing the selection of a professional for an engineering, geological or geophysical engagement.”
8c “They shall not create obligation (sic) on prospective clients or employers through extravagant entertainment, gifts, or other gratuities.”
There is nothing specific in APEGGA’s current Code of Ethics regarding provision of unpaid work to secure paid work. However, the following references from the Guideline for Ethical Practice — June 2005 would seem to say that such conduct could be unethical and a violation of Rule 3.
Rule 3:
“Professional engineers, geologists and geophysicists shall conduct themselves with integrity, honesty, fairness and objectivity in their professional activities.”
One of the points under Section 4.3.1 of the guideline amplifies Rule 3 as follows:
“The relationships of professionals with their business associates should be friendly, but independent and free from obligating gratuities.”
A sentence in Section 4.3.4 of the guideline under Rule 3 adds the following:
“They should never offer or accept any covert payment or perquisites.”
To read the entire document, visit www.apega.ca and click on Publications under Fast Find.
Would working for free, in circumstances where the motivation was unselfish or charitable, be considered ethical? Probably. Would a firm providing free professional services in circumstances where the motivation was not unselfish or charitable be considered to be acting unethically? It would seem so, but a definitive answer can only come from a Discipline Committee panel that considers all the circumstances of a specific situation and renders a decision on the basis of the facts before it.
We have not had any such matters brought before our Discipline Committee, so there is no “case law” to consult in reaching a better answer. Even if there was such a case, a decision in one set of circumstances might not necessarily apply under a different set.