I-10, r. 5 - Code of ethics of forest engineers

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter I-10, r. 5

Code of ethics of forest engineers

Forest Engineers Act

(chapter I-10, s. 4).

Professional Code

(chapter C-26, s. 87).

DIVISION I INTERPRETATION

1. In this Code, unless otherwise indicated by the context, the word “client” means any person, group of persons or employer for whom a forest engineer practises his profession.

O.C. 1147-93, s. 1.

DIVISION II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2. In his conduct, a forest engineer shall demonstrate objectivity and intellectual honesty. His first duty is to bear in mind the effects of the execution of his work on the environment and on the health, safety and property of any person.

O.C. 1147-93, s. 2.

3. A forest engineer shall support any measure likely to improve the quality and availability of his professional services. Similarly, he shall support any measure that he judges likely to improve the forest resource and the welfare of society.

O.C. 1147-93, s. 3.

4. A forest engineer shall inform the public or the Ordre des ingénieurs forestiers du Québec of any forest policy, measure or provision that he considers potentially prejudicial to the forest resource.

O.C. 1147-93, s. 4.

5. A forest engineer shall express his opinion on questions concerning forestry only if that opinion is based on sufficient knowledge. To that end, he shall maintain his knowledge up to date regarding the practice of his profession.

O.C. 1147-93, s. 5.

6. A forest engineer shall clearly indicate on whose behalf he is expressing an opinion or making a statement.

O.C. 1147-93, s. 6.

7. A forest engineer shall encourage education and information measures in the field in which he practises.

O.C. 1147-93, s. 7.

DIVISION III DUTIES AND OBLIGATIONS TOWARDS CLIENTS

General

8. Before accepting a mandate, a forest engineer shall bear in mind the limits of his knowledge and of the means at his disposal.

O.C. 1147-93, s. 8.

9. A forest engineer shall at all times acknowledge his client’s right to consult another forest engineer, a member of another professional order or any other competent person, and in such case, he shall offer his collaboration.

O.C. 1147-93, s. 9.

10. A forest engineer shall refrain from practising his profession under conditions or in circumstances which could impair the quality of his services.

O.C. 1147-93, s. 10.

Integrity

11. A forest engineer shall perform his professional obligations with integrity.

O.C. 1147-93, s. 11.

12. A forest engineer shall avoid any false representation with respect to his level of competence or the efficacy of his own services and those generally provided by the members of his profession. If it is in the client’s interest, he shall consult a colleague, a member of another professional order or any other competent person, or refer him to such a person.

O.C. 1147-93, s. 12.

13. In all written or verbal communications, in particular when drawing up plans and specifications, a forest engineer shall not knowingly include any false information or exclude any necessary information.

O.C. 1147-93, s. 13.

14. A forest engineer shall not express opinions or give advice that is contradictory or incomplete. To that end, he shall seek to obtain complete knowledge of the facts before expressing any opinion or giving any advice.

O.C. 1147-93, s. 14.

15. A forest engineer shall inform his client as early as possible if, in the course of rendering a professional service to the client, he commits an error that might be prejudicial and that cannot be easily rectified.

O.C. 1147-93, s. 15.

16. A forest engineer shall take reasonable care of the property entrusted to his care by a client, and he may not lend or use if for purposes other than those for which it was entrusted to him.

O.C. 1147-93, s. 16.

17. A forest engineer shall notify his client of any illegal act likely to benefit the client which comes to his knowledge in the exercise of his mandate.

O.C. 1147-93, s. 17.

18. A forest engineer shall not resort to nor involve himself in any dishonest or questionable actions nor tolerate any such actions in the practice of his profession.

O.C. 1147-93, s. 18.

Availability and diligence

19. In the practice of his profession, a forest engineer shall demonstrate a reasonable degree of availability and diligence.

O.C. 1147-93, s. 19.

20. In addition to opinions and advice, a forest engineer shall provide his client with the necessary explanations to enable the client to understand and evaluate the services he renders.

O.C. 1147-93, s. 20.

21. A forest engineer shall act with objectivity and impartiality whenever persons other than his client request information from him.

O.C. 1147-93, s. 21.

22. A forest engineer shall account to his client when the latter so requires.

O.C. 1147-93, s. 22.

23. A forest engineer may not cease to act for a client unless he has just and reasonable grounds for doing so. In particular, inducement by the client to illegal, unfair or fraudulent acts constitutes just and reasonable grounds.

O.C. 1147-93, s. 23.

24. Before ceasing to act for a client, a forest engineer shall give the client, within a reasonable time, advance notice of his intention to withdraw his services and shall ensure that such withdrawal of services is not prejudicial to his client.

O.C. 1147-93, s. 24.

Liability

25. In the practice of his profession, a forest engineer shall fully commit his personal civil liability. It is thus prohibited for him to include in a contract for professional services a clause directly or indirectly excluding such liability in whole or in part.

O.C. 1147-93, s. 25.

26. A forest engineer shall affix his seal or signature to the plans, specifications, reports and other technical documents pertaining to a project for which he is directly responsible and whose execution he personally supervises.

O.C. 1147-93, s. 26.

27. A forest engineer who affixes his seal or signature to plans, specifications, reports and other technical documents assumes full responsibility for them.

O.C. 1147-93, s. 27.

28. A forest engineer may not affix his seal or signature to plans, specifications, reports and other technical documents for which he has not assumed responsibility or whose execution he has not personally supervised.

O.C. 1147-93, s. 28.

Independence and impartiality

29. In the practice of his profession, a forest engineer shall subordinate his personal interest to that of his client.

O.C. 1147-93, s. 29.

30. A forest engineer shall ignore any intervention by a third party which could affect the performance of his professional duties and obligations to the detriment of his client.

O.C. 1147-93, s. 30.

31. In executing a mandate, a forest engineer shall act for only one of the parties involved: his client.

O.C. 1147-93, s. 31.

32. A forest engineer shall maintain his professional independence at all times and avoid any situation which could place him in a conflict of interest. Without restricting the general scope of the foregoing, a forest engineer is:

(a)  in a conflict of interest when the interests involved are such that he may be influenced to favour certain interests, including those of another client, over the interests of his client or when his judgment and loyalty towards his client may be compromised;

(b)  no longer an independent advisor in respect of a given act if he derives from that act a personal advantage, direct or indirect, real or potential.

O.C. 1147-93, s. 32.

33. A forest engineer shall refuse any mandate that could place him in a conflict of interest, unless he has duly notified his client thereof and obtained his consent.

O.C. 1147-93, s. 33.

34. As soon as he ascertains that he is in a conflict of interest, a forest engineer shall notify his client thereof and ask the client whether he is authorized to continue his mandate.

O.C. 1147-93, s. 34.

35. A forest engineer shall have no personal interest in a business if the situation is such that it might alter his decisions regarding work or services for which he is employed or that he must perform.

O.C. 1147-93, s. 35.

36. A forest engineer may not share his fees with a person who is not a member of the Order or remit his fees to such person except to the extent that such fee sharing corresponds to the sharing of services and responsibilities.

O.C. 1147-93, s. 36.

37. Except for the remuneration to which he is entitled, a forest engineer shall not receive or pay, directly or indirectly, any rebate or commission in connection with the practice of his profession.

In particular, a forest engineer shall refuse any commission or reimbursement from contractors and any other interested person dealing with the client in connection with the work for which he is responsible.

O.C. 1147-93, s. 37.

38. A forest engineer shall accept fees or other compensation for professional services from no more than one of the interested parties, unless the parties expressly agree thereto.

O.C. 1147-93, s. 38.

Professional secrecy

39. A forest engineer shall respect the secrecy of all confidential information obtained in the practice of his profession. He is in particular bound to secrecy in respect of everything he learns about the business and affairs of his client.

O.C. 1147-93, s. 39.

40. A forest engineer may be released from professional secrecy only with the authorization of his client or whenever so ordered expressly by law.

O.C. 1147-93, s. 40.

41. A forest engineer shall not make use of confidential information to the detriment of a client or with a view to obtaining, directly or indirectly, an advantage for himself or for another person.

O.C. 1147-93, s. 41.

42. A forest engineer shall not accept a mandate which involves the disclosure or use of information or confidential documents obtained from another client, without the consent of the latter.

O.C. 1147-93, s. 42.

Accessibility of records

43. For each record constituted by him, a forest engineer shall acknowledge his client’s right to consult the documents that concern him and to obtain copies of them.

O.C. 1147-93, s. 43.

Determination and payment of fees

44. A forest engineer shall charge and accept fair and reasonable fees.

O.C. 1147-93, s. 44.

45. Fees are considered fair and reasonable when they are justified by the circumstances and proportionate to the services rendered. In determining his fees, a forest engineer shall, in particular, take the following factors into account:

(a)  the time devoted to performing the professional service;

(b)  the difficulty and the magnitude of the service;

(c)  the performance of unusual services or services requiring exceptional competence or speed.

O.C. 1147-93, s. 45.

46. A forest engineer shall give his client all the necessary explanations to enable the client to understand his statement of fees and the terms and conditions of payment.

O.C. 1147-93, s. 46.

47. With the exception of any sums that he must spend, a forest engineer shall not demand advance payment for his services; furthermore, he shall give his client advance notice of the approximate cost of his services.

O.C. 1147-93, s. 47.

48. A forest engineer may collect interest on outstanding accounts only after having duly notified his client. The interest thus required shall be at a reasonable rate.

O.C. 1147-93, s. 48.

49. A forest engineer shall not sell his accounts, except to a colleague.

O.C. 1147-93, s. 49.

DIVISION IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

Derogatory acts

50. In addition to the acts referred to in sections 57 and 58 of the Professional Code (chapter C-26), it is derogatory to the dignity of the profession where a forest engineer:

(a)  urges someone insistently or repeatedly to use his professional services;

(b)  communicates with the complainant without the prior written permission of the syndic or his assistant, where he has been informed of an inquiry into his professional conduct or competence or notified that a complaint has been laid against him;

(c)  attempts to deceive the competent authorities concerning the eligibility of a person wishing to become a member of the Order;

(d)  fails to notify the competent authorities of the Order of any case of illegal practice of the profession of which he is aware;

(e)  participates in or contributes to the illegal practice of the profession;

(f)  fails to bring to the attention of the syndic any case where he has reason to believe that a forest engineer is guilty of illegal acts or has violated the Code.

O.C. 1147-93, s. 50.

Relations with the Order and with colleagues

51. Where a forest engineer is requested by the Order to participate in a council for the arbitration of accounts, a disciplinary council or a professional inspection committee, he shall accept such duty, unless he has exceptional reasons for refusing.

O.C. 1147-93, s. 51.

52. A forest engineer shall, as soon as possible, answer all correspondence addressed to him by the syndic of the Order, investigators, members or the secretary of the professional inspection committee.

O.C. 1147-93, s. 52.

53. A forest engineer shall not abuse a colleague’s good faith, commit a breach of his trust, act unfairly towards him, publicly discredit his work or maliciously seek to harm his reputation. In particular, he shall avoid assuming credit for forestry work which rightfully belongs to a colleague.

O.C. 1147-93, s. 53.

54. A forest engineer shall acknowledge the aid provided by a colleague in executing a mandate.

O.C. 1147-93, s. 54.

55. Where a forest engineer is consulted by a colleague, he shall give the latter his opinion and recommendations as quickly as possible.

O.C. 1147-93, s. 55.

56. Where a forest engineer is called upon to collaborate with a colleague, he shall retain his professional independence. If a task is entrusted to him which is contrary to his conscience or principles, he may ask to be excused.

O.C. 1147-93, s. 56.

Contribution to the advancement of the profession

57. A forest engineer shall contribute, insofar as possible, to the development of his profession either by sharing his knowledge and experience with his colleagues, by participating as a resource person in continuing education activities, by serving as a tutor for candidates for a licence, by contributing to scientific and professional publications or by any other means within his competence.

O.C. 1147-93, s. 57.

DIVISION V RESTRICTIONS AND OBLIGATIONS APPLICABLE TO ADVERTISING

58. In his advertising, a forest engineer shall not use methods which seek to depreciate one or more forest engineers.

O.C. 1147-93, s. 58.

59. A forest engineer who advertises may indicate a price or hourly rate for his services on the following conditions:

(a)  the price of hourly rate shall be specified;

(b)  for each price, the nature and the scope of the services shall be specified;

(c)  the advertisement shall specify whether the costs and expenses are included in the price;

(d)  the price or hourly rate shall remain in force for a period of at least 60 days following the last publication thereof.

O.C. 1147-93, s. 59.

60. A forest engineer shall preserve a complete copy of any advertisement in its original form for a period of 1 year following the date of the last broadcast or publication.

O.C. 1147-93, s. 60.

61. In his advertising, a forest engineer may not use or permit any testimonials concerning him.

O.C. 1147-93, s. 61.

DIVISION VI FINAL

62. (Omitted).

O.C. 1147-93, s. 62.

63. (Omitted).

O.C. 1147-93, s. 63.

REFERENCES

O.C. 1147-93, 1993 G.O. 2, 5025

S.Q. 2008, c. 11, s. 212