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ONTARIO REGULATION 60/01

made under the

PROFESSIONAL GEOSCIENTISTS ACT, 2000

Made: March 12, 2001
Filed: March 13, 2001
Printed in The Ontario Gazette: March 31, 2001

CODE OF ETHICS OF PROFESSIONAL GEOSCIENTISTS

Code of Ethics

1.  This Regulation sets out the Code of Ethics of the Association of Professional Geoscientists of Ontario.

Service and human welfare

2.  A professional geoscientist shall be guided in his or her professional conduct by the principle that professional ethics are founded upon integrity, competence and devotion to service and to the advancement of human welfare and by the conviction that his or her actions enhance the dignity and status of the profession.

Public understanding

3.  (1)  A professional geoscientist is encouraged to enhance the public’s understanding of professional geoscience through his or her practice.

(2)  A professional geoscientist is encouraged to contribute to the understanding of issues of public interest where his or her professional knowledge may assist that understanding.

Business ethics

4.  (1)  A professional geoscientist shall not compete unfairly with others or compete primarily on the basis of fees without due consideration for other factors to ensure that his or her engagement is based on the merit of the services performed or offered.

(2)  A professional geoscientist shall not offer or accept covert payment for the purpose of obtaining work.

Duty to others and the environment

5.  (1)  When acting in a professional capacity, a professional geoscientist shall at all times act with,

(a) good faith, fairness and loyalty to associates, employers, clients, subordinates, employees and other professionals;

(b) due regard to public needs;

(c) devotion to high ideals of personal honour and professional integrity;

(d) knowledge of developments in the area of professional geoscience relevant to the services being provided; and

(e) competence in the performance of the services being provided.

(2)  A professional geoscientist shall,

(a) regard his or her duty to public safety and welfare as paramount;

(b) endeavour at all times to enhance the public’s regard for professional geoscience by promoting awareness and knowledge and by discouraging untrue, unfair or exaggerated statements about it;

(c) not express publicly, whether before a court, commission or other tribunal or otherwise, opinions on professional geoscientific matters that are not founded on adequate knowledge and honest conviction;

(d) keep his or her certificate of registration permanently displayed in his or her place of business.

(3)  A professional geoscientist shall,

(a) act towards other professionals with courtesy and good faith;

(b) demonstrate understanding, professionalism and technical expertise to geoscientists-in-training under his or her supervision;

(c) if asked to review the work of another professional geoscientist at the request of that person’s client, inform the other professional geoscientist, whenever possible, before undertaking the review;

(d) not maliciously injure the reputation or business of another professional;

(e) not attempt to gain an advantage over other professional geoscientists by paying or accepting a commission in order to obtain work;

(f) give proper credit for professional geoscientific work carried out by others;

(g) uphold the principle of fair compensation for professional geoscientific work;

(h) provide the opportunity, where possible, for the professional development and advancement of associates and subordinates; and

(i) improve the practice of the profession through the interchange of geoscientific information and the sharing of experience.

(4)  A professional geoscientist has a duty to co-operate with other professionals with whom he or she is called upon to work.

(5)  A professional geoscientist shall have proper regard for the natural environment in his or her work.

Competence and knowledge

6.  (1)  A professional geoscientist shall undertake only work that he or she is competent to perform by virtue of knowledge and experience and shall prepare reports and express opinions on geoscientific matters only on the basis of adequate knowledge and scientific data and of honest conviction.

(2)  A professional geoscientist shall comply with all applicable laws of any jurisdiction where work is performed or where a report or an opinion is provided on geoscientific matters.

Signing and sealing of documents

7.  A professional geoscientist shall sign, stamp and seal only plans, specifications, reports or documents,

(a) that he or she has prepared or that have been prepared under his or her direct supervision and control; or

(b) that another person has prepared and that the professional geoscientist has thoroughly reviewed and for which he or she accepts professional responsibility.

Faithful agent or trustee

8.  A professional geoscientist shall act for his or her client or employer as a faithful agent or trustee and shall always act with fairness to all parties.

Conflict of interest

9.  (1)  A professional geoscientist shall not engage in activities or accept remuneration for services rendered that may create a conflict of interest with a client or employer unless he or she first attempts to communicate with the client or employer to obtain that person’s consent, but, if the attempted communication fails, the professional geoscientist may engage in the activities or accept the remuneration.

(2)  A professional geoscientist shall immediately disclose to a client or employer any interest, direct or indirect, that might be construed as prejudicial in any way to his or her professional judgment in rendering service to the client or employer.

(3)  A professional geoscientist who is an employee but who takes on professional geoscientific work on contract in his or her own name for a person other than the employer shall,

(a) ensure that the work will not conflict with the duty to the employer;

(b) inform the employer of the work; and

(c) inform the client of the status as an employee and any limitations that status may result in with respect to the provision of services to the client.

Overruling of judgment

10.  A professional geoscientist shall clearly indicate to the employer or client the consequences that he or she expects will result if his or her professional judgment on matters relating to work for which he or she is professionally responsible is overruled.

Professional advertising

11.  A professional geoscientist shall represent qualifications and competence and advertise professional services only by presenting facts and without exaggeration.

Breach of Code

12.  (1)  A professional geoscientist shall advise the Registrar of any act or omission of a member that he or she believes to be contrary to this Code.

(2)  A breach of this Code constitutes an act of professional misconduct if the breach results in a finding that the member has not engaged in the practice of professional geoscience in accordance with the law or honesty and integrity.

Dan Newman

Minister of Northern Development and Mines

Dated on March 12, 2001.

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