Canada Lands Surveyors Act (S.C. 1998, c. 14)

Act current to 2014-06-12

Canada Lands Surveyors Act

S.C. 1998, c. 14

Assented to 1998-06-11

An Act respecting Canada Lands Surveyors

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canada Lands Surveyors Act.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“Association”

« Association »

“Association” means the Association of Canada Lands Surveyors continued by section 4.

“boundary”

« ligne de démarcation »

“boundary” means a natural or artificial line on the surface of the earth, below the surface of the earth, in airspace or in or on any structure, the purpose of which is to indicate the extent of a legal interest in land, land under water, water, airspace or natural resources, or in a structure.

“by-law”

« règlement administratif »

“by-law” means a by-law of the Association made under section 18.

“cadastral surveying”

« arpentage cadastral »

“cadastral surveying” means surveying in relation to

  • (a) the identification, establishment, documentation or description of a boundary or the position of anything relative to a boundary; or

  • (b) the generation, manipulation, adjustment, custody, storage, retrieval or display of spatial information that defines a boundary.

“Canada Lands”

« terres du Canada »

“Canada Lands” means Canada Lands within the meaning of subsection 24(1) of the Canada Lands Surveys Act.

“Canada Lands Surveyor”

« arpenteur des terres du Canada »

“Canada Lands Surveyor” means a person who holds a commission.

“commission”

« brevet »

“commission” means a commission granted under section 49 or deemed to have been granted under that section by section 48.

“Council”

« conseil »

“Council” means the Council of the Association referred to in section 13.

“entity”

« entité »

“entity” means a corporation, partnership or unincorporated organization or association, but does not include a department or agency of the government of Canada or of a province.

“licence”

« permis »

“licence” means a licence issued under section 53.

“Minister”

« ministre »

“Minister” means the Minister of Natural Resources.

“permit”

« licence »

“permit” means a permit issued under section 58.

“surveying”

« arpentage »

“surveying” means the determination of the form of the earth or the position of natural or artificial things, boundaries or points on, above or under the surface of the earth or the collection, storage, management, integration, analysis or representation of spatial and spatially related information pertaining to the earth or the interpreting of or reporting or advising on that information.

“Surveyor General”

« arpenteur général »

“Surveyor General” means the Surveyor General within the meaning of subsection 2(1) of the Canada Lands Surveys Act.

HER MAJESTY

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

ASSOCIATION OF CANADA LANDS SURVEYORS

Marginal note:Association is continued

 The Association of Canada Lands Surveyors, a corporation incorporated under Part II of the Canada Corporations Act, being chapter C-32 of the Revised Statutes of Canada, 1970, is hereby continued under this Act.

Marginal note:Status and composition of Association

 The Association is a body corporate consisting of a governing body and members.

Marginal note:Objects

 The objects of the Association are

  • (a) to establish and maintain standards of qualifications for Canada Lands Surveyors;

  • (b) to regulate Canada Lands Surveyors;

  • (c) to establish and maintain standards of conduct, knowledge and skill among members of the Association and permit holders;

  • (d) to govern the activities of members of the Association and permit holders;

  • (e) to cooperate with other organizations for the advancement of surveying; and

  • (f) to perform the duties and exercise the powers that are imposed or conferred on the Association by this Act.

Marginal note:Minister may act in place of Association

 The Minister may take such measures as the Minister considers appropriate to fulfil any object of the Association if the Minister is of the opinion that the Association is not fulfilling it.

Marginal note:Capacity of Association

 In carrying out its objects, the Association has the capacity of a natural person.

Marginal note:Association not agent of Her Majesty

 The Association is not an agent of Her Majesty in right of Canada.

Marginal note:Head office

 The head office of the Association shall be located in Canada at the place stated in the by-laws.

Marginal note:Annual meeting
  •  (1) The Association shall hold an annual general meeting, within six months after the end of its fiscal year, at a time and place within Canada as may be designated by the Council.

  • Marginal note:Other meetings

    (2) The Association may hold other general or special meetings as it considers necessary.

PRESIDENT AND VICE-PRESIDENT OF THE ASSOCIATION

Marginal note:President and Vice-President
  •  (1) The President and Vice-President of the Association shall be appointed or elected in accordance with the by-laws.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the President of the Association, or if that office is vacant, the Vice-President of the Association has all the powers of and may exercise and perform all of the duties of the President of the Association.

COUNCIL

Marginal note:Composition and role

 The Council is the governing body of the Association and consists of

  • (a) the President and Vice-President of the Association;

  • (b) the most recent past President of the Association as defined in the by-laws;

  • (c) members of the Association, in a number set out in the by-laws, which number may not be less than three, who are elected in accordance with the by-laws;

  • (d) the Surveyor General; and

  • (e) two persons who are not members of the Association and who are appointed by the Minister.

Marginal note:Chairperson of the Council
  •  (1) The President of the Association is the Chairperson of the Council.

  • Marginal note:Duties of Chairperson

    (2) The Chairperson of the Council shall preside at meetings of the Council and perform the duties that the Council specifies.

Marginal note:Minister may review activities

 The Minister may review the activities of the Council and may request that the Council undertake activities that, in the opinion of the Minister, are advisable to carry out the objects of the Association.

Marginal note:Filling of vacancies
  •  (1) A vacancy on the Council caused by the death, resignation, removal or incapacity to act of a Council member referred to in paragraph 13(c) shall be filled by a member of the Association in the manner set out in the by-laws.

  • Marginal note:Term of office

    (2) A person appointed or elected to fill a vacancy on the Council shall hold office for the unexpired portion of the term of the Council member being replaced.

Marginal note:Consultation
  •  (1) The Minister shall not appoint anyone to the Council under paragraph 13(e), or revoke the appointment of a person appointed under that paragraph, without having first consulted the Council.

  • Marginal note:Term of office

    (2) A Council member appointed under paragraph 13(e) shall be appointed for a term of not more than three years and may be reappointed for one or more terms of not more than three years each.

  • Marginal note:Fees and travelling and living expenses

    (3) The Minister shall pay Council members appointed under paragraph 13(e), and the Surveyor General, such fees as may be fixed by the Minister and reasonable travelling and living expenses incurred by them in the performance of their duties while absent from their usual place of residence.

BY-LAWS

Marginal note:By-laws
  •  (1) The Council may make by-laws respecting any matter necessary to carry on the business and activities of the Association, including by-laws regarding any matter for which by-laws are required by this Act.

  • Marginal note:When by-law becomes effective

    (2) A by-law is not effective until it is approved in accordance with the by-laws.

COUNCIL COMMITTEES

Establishment

Marginal note:Mandatory committees
  •  (1) The Council shall establish the following committees:

    • (a) the Executive Committee;

    • (b) the Board of Examiners;

    • (c) the Complaints Committee; and

    • (d) the Discipline Committee.

  • Marginal note:Other committees

    (2) The Council may from time to time as it considers necessary establish committees other than those referred to in subsection (1).

Executive Committee

Marginal note:Role
  •  (1) The Executive Committee shall perform such powers of the Council as the Council may delegate to it, other than the power to make regulations or by-laws.

  • Marginal note:Urgent matters

    (2) Subject to ratification by the Council at its next meeting, the Executive Committee may take any action on any matter that requires immediate action between meetings of the Council, other than making regulations or by-laws.

Board of Examiners

Marginal note:Role
  •  (1) Subject to section 22, the Board of Examiners has control over all matters relating to the admission and qualifications of candidates for a commission and to their examination.

  • Marginal note:Admission of candidates

    (2) The Board of Examiners may admit a person to be a candidate for a commission only if the person has complied with the requirements specified in the regulations.

Marginal note:Directions from Council

 The Board of Examiners shall comply with any direction given to it by the Council with respect to the exercise of the Board of Examiners’ powers.

Marginal note:Recommendations for commissions

 The Board of Examiners shall recommend to the Council that a commission be granted to every candidate for a commission who has complied with the requirements specified in the regulations.

Complaints Committee

Marginal note:Role
  •  (1) The Complaints Committee shall consider all complaints in writing that are received by the Association regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder.

  • Marginal note:Rights of Committee

    (2) Where the Complaints Committee has reasonable grounds to believe that a member of the Association, Canada Lands Surveyor or permit holder against whom a complaint is made has committed an act of professional misconduct or is incompetent, the Complaints Committee, or a person appointed by it for the purpose, may inquire into and examine the surveying activities of the member, Canada Lands Surveyor or permit holder and may enter, at any reasonable time, the business premises of the member, Canada Lands Surveyor or permit holder, other than a dwelling-house, and examine documents and things relative to the subject-matter of the complaint.

  • Marginal note:Operation of data processing systems and copying equipment

    (3) In carrying out an investigation under this section, the Complaints Committee, or a person appointed by it for the purpose, may

    • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

    • (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

  • Marginal note:Requirement to assist

    (4) Every member of the Association, Canada Lands Surveyor or permit holder in respect of whom a complaint has been received by the Association shall give all reasonable assistance to the Complaints Committee, or to the person appointed by it to conduct the investigation, as the case may be.

Marginal note:Decision on complaint
  •  (1) After having considered a complaint, the Complaints Committee shall

    • (a) recommend to the Council that the complaint be dismissed if it is satisfied that the evidence disclosed by the investigation does not support a finding of professional misconduct or incompetence; or

    • (b) recommend to the Council that the complaint be heard by the Discipline Committee if it is satisfied that there is sufficient evidence disclosed by the investigation that could support a finding of professional misconduct or incompetence.

  • Marginal note:Opportunity to be heard

    (2) The Complaints Committee shall not make a recommendation under paragraph (1)(b) unless the Association has notified, in writing, the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint of the receipt of the complaint and the member, Canada Lands Surveyor or permit holder has been provided with at least 30 days in which to submit in writing any explanations or representations that the member, Canada Lands Surveyor or permit holder may wish to make concerning the complaint.

  • Marginal note:Where complaint dismissed by Council

    (3) Where the Council decides not to deal with a complaint by either accepting a recommendation to dismiss the complaint or by rejecting a recommendation to have the complaint heard by the Discipline Committee, the Association shall so notify the complainant and the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint.

  • Marginal note:Opportunity to be heard

    (4) The Council shall not reject a recommendation to dismiss a complaint unless the Association has notified, in writing, the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint of the receipt of the complaint and the member, Canada Lands Surveyor or permit holder has been provided with at least 30 days in which to submit in writing any explanations or representations that the member, Canada Lands Surveyor or permit holder may wish to make concerning the complaint.

  • Marginal note:Where recommendation under paragraph (1)(b) accepted

    (5) Where the Council accepts a recommendation to have a complaint heard by the Discipline Committee, the Association shall so notify the complainant and the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint. The notice to the complainant shall also advise the complainant that the complainant may

    • (a) make a request to the Association that a charge under oath be made in the name of the Association and that, if the Association agrees to the request, the Association shall have the responsibility for the payment of expenses and costs of proceeding with the charge; or

    • (b) personally swear a charge under oath and that, if the complainant does so, the complainant shall have the responsibility for the payment of expenses and costs of proceeding with the charge.

  • Marginal note:Association may proceed on its own

    (6) If a complainant fails to make a request under paragraph (5)(a) or to swear a charge under paragraph (5)(b) within 30 days after being notified of the right to do so, the Association may, on its own initiative, appoint a person to swear a charge under oath on its behalf and in its name, in which case the Association shall have the responsibility for the payment of expenses and costs of proceeding with the charge.

Marginal note:Hearings not required

 The Complaints Committee is not required to hold a hearing or to afford to any person an opportunity to make oral submissions before making a recommendation in respect of a complaint.

Marginal note:Continuing jurisdiction

 The Complaints Committee has jurisdiction to deal with a complaint regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder notwithstanding that the person or entity who is the subject of the complaint ceases to be a member of the Association or permit holder, as the case may be, after receipt of the complaint by the Association.

Discipline Committee

Marginal note:Role

 The Discipline Committee shall

  • (a) subject to section 29, hear and determine allegations of professional misconduct or incompetence in complaints submitted to it by the Council;

  • (b) hear and determine matters referred to it by the Registrar with respect to

    • (i) the reinstatement of a member in the Association, or

    • (ii) the issuance of a new licence or permit to any person or entity whose licence or permit has been revoked; or

  • (c) perform the duties assigned to it by the Council.

Marginal note:Charge necessary

 No complaint may be referred to the Discipline Committee unless it has been investigated by the Complaints Committee and converted to a charge sworn under oath.

Marginal note:Continuing jurisdiction

 The Discipline Committee has jurisdiction to deal with a charge regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder notwithstanding that the person or entity who is the subject of the charge ceases to be a member of the Association or permit holder, as the case may be, after receipt of the complaint by the Association.

Marginal note:Powers
  •  (1) Where the Discipline Committee finds a member of the Association, Canada Lands Surveyor or permit holder guilty of professional misconduct or incompetence, the Discipline Committee may take one or more of the following actions:

    • (a) cancel the member’s membership in the Association;

    • (b) revoke the member’s licence, the Canada Lands Surveyor’s commission or the permit holder’s permit;

    • (c) suspend the member’s licence, the Canada Lands Surveyor’s commission or the permit holder’s permit for a period not exceeding two years;

    • (d) accept an undertaking that limits the member’s, Canada Lands Surveyor’s or permit holder’s surveying activities to the extent specified in the undertaking;

    • (e) impose any of the terms and conditions specified in the regulations on the member’s licence or the permit holder’s permit;

    • (f) impose on the member, Canada Lands Surveyor or permit holder a penalty not in excess of $10,000, payable to the Association;

    • (g) reprimand the member, Canada Lands Surveyor or permit holder and direct that the reprimand be recorded in the register maintained by the Registrar;

    • (h) direct the member, Canada Lands Surveyor or permit holder to reimburse the complainant, the Association or both all or any part of the costs associated with the complaint;

    • (i) direct that the members of the Association be notified of any action taken by the Discipline Committee under this section; and

    • (j) take any other action that the Discipline Committee considers appropriate in the circumstances.

  • Marginal note:Decision must be in writing

    (2) A decision of the Discipline Committee to take any action under this section must be in writing and set out reasons.

  • Marginal note:Service

    (3) The Discipline Committee shall cause a copy of every decision to take action under this section to be given to the Council and the Association shall cause a copy of the decision to be served on the member of the Association, Canada Lands Surveyor or permit holder to whom the decision relates and on the complainant.

  • Marginal note:Suspension of decision

    (4) If the Discipline Committee is of the opinion that circumstances warrant it, the Discipline Committee may, subject to such terms and conditions as it directs, suspend any action under subsection (1) for such period as it considers appropriate.

  • Marginal note:Notification of members

    (5) The Registrar shall notify the members of the Association whenever a membership in the Association is cancelled or a commission, licence or permit is revoked or suspended.

  • Marginal note:Notification of unfounded allegation

    (6) Where the Discipline Committee finds that an allegation of professional misconduct or incompetence against a member of the Association, Canada Lands Surveyor or permit holder is unfounded, the Registrar shall, on the request of the member, Canada Lands Surveyor or permit holder, notify the members of the Association of that finding.

  • Marginal note:Reimbursement of costs

    (7) Where the Discipline Committee is of the opinion that proceedings before it in relation to any member of the Association, Canada Lands Surveyor or permit holder are unwarranted, it may recommend to the Council that the Association reimburse the whole or part of the member’s, Canada Lands Surveyor’s or permit holder’s costs.

Marginal note:Appeal

 A party to a proceeding before the Discipline Committee may, within 30 days after the day on which a notice of a decision is served, appeal the decision to the Federal Court.

REGISTRAR

Marginal note:Appointment

 The Council shall appoint a Registrar for the purposes of this Act.

Marginal note:Register of surveyors
  •  (1) The Registrar shall maintain a register in which is recorded the name of every Canada Lands Surveyor and all other information required to be recorded by the regulations in that register.

  • Marginal note:Register of other information

    (2) The Registrar shall maintain a register in which is recorded

    • (a) the name and address of every member of the Association who holds a licence, every other member of the Association and every permit holder;

    • (b) information that is required to be recorded by the regulations in that register;

    • (c) information that is directed to be recorded by the Discipline Committee; and

    • (d) information that is directed to be recorded by the Council.

  • Marginal note:Obligation to keep records

    (3) The Registrar shall keep all copies of records and documents relating to the examination of candidates for a commission under the Canada Lands Surveys Act, the Dominion Lands Act, being chapter 55 of the Revised Statutes of Canada, 1906 and the Dominion Lands Surveys Act, being chapter 117 of the Revised Statutes of Canada, 1927 that are provided to the Association by the Surveyor General.

Marginal note:Right to inspect registers
  •  (1) Every one has the right to inspect the registers during normal business hours.

  • Marginal note:Copies

    (2) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of a register pertaining to any member of the Association.

Marginal note:Proof

 A statement containing information from a register and purporting to be certified by the Registrar is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated in the statement without proof of the appointment or signature of the Registrar.

IMMUNITY

Marginal note:Immunity

 No action or other proceedings for damages shall be instituted against the Association, a committee of the Association, a member of the Association, a member of a committee of the Association or an officer, employee, agent or appointee of the Association for any act done in the performance of any duty, or the exercise of any power, in good faith, under this Act or for any neglect or default in the performance of any duty, or the exercise of any power, in good faith, under this Act.

MEMBERSHIP

Marginal note:Granting membership

 The Registrar may grant membership in the Association to any Canada Lands Surveyor, or to any other person specified in the by-laws, who applies for membership and who complies with the regulations and the by-laws.

Marginal note:Cancellation for non-payment of fees

 The Registrar may cancel a membership in the Association for the non-payment of any fee or levy prescribed in the by-laws after giving the member of the Association at least two months written notice of the default and intention to cancel.

Marginal note:Resignation

 A member of the Association may resign from the Association by filing a resignation in writing with the Registrar.

Marginal note:Application for reinstatement
  •  (1) A person whose membership in the Association has been cancelled for professional misconduct or incompetence may, any time after two years after the date of the cancellation, apply in writing to the Registrar, in accordance with the regulations, to be reinstated as a member of the Association.

  • Marginal note:Reference to Discipline Committee

    (2) The Registrar shall refer every application made under subsection (1) to the Discipline Committee.

DUTIES AND POWERS OF MEMBERS

Marginal note:Standards of conduct

 A member of the Association who directs the provision of surveying services is in all respects liable for maintaining the standards of conduct and competence in respect of the provision of those services.

Marginal note:Right to enter

 A licence holder and any person acting under the direction of a licence holder may, for the purpose of cadastral surveying, enter, pass over and measure the land of any person but shall take all reasonable precautions to avoid causing damage in so doing.

Marginal note:Witnesses and evidence
  •  (1) When a licence holder who is engaged in a cadastral survey reasonably believes that a person has knowledge of any matter relating to that survey, the licence holder may

    • (a) request the person to appear before the licence holder as a witness;

    • (b) apply to a justice of the peace for a subpoena compelling the person to appear before the licence holder to give evidence and to bring any documents as may be specified in the subpoena; and

    • (c) take evidence from any person requested or compelled to appear before the licence holder under oath to be administered by the licence holder.

  • Marginal note:Subpoena

    (2) On application by a licence holder supported by an affidavit setting out the reasons for requiring the attendance of a witness, a justice of the peace may issue the subpoena referred to in subsection (1).

  • Marginal note:Service and contents of subpoena

    (3) A subpoena shall either be personally served on the person named in the subpoena or left with an adult person at the residence of the person so named and shall state the time and place at which the hearing before the licence holder will be held.

  • Marginal note:Expenses of witnesses

    (4) A licence holder shall tender to a subpoenaed witness conduct money in an amount that will compensate the witness for reasonable expenses in attending before the licence holder and, in the event of a dispute as to the amount, the licence holder shall refer the matter to a justice of the peace whose decision shall be final.

  • Marginal note:Warrant for non-appearance

    (5) Where a person named in a subpoena refuses or fails to appear before the licence holder at the time and place named in the subpoena, the licence holder may apply to a justice of the peace for a warrant against the person and the justice of the peace may issue the warrant.

Marginal note:Evidence to be put into writing

 All evidence produced at a hearing before a licence holder under section 44 shall be

  • (a) put into writing; and

  • (b) read to the witness by whom it is given and affirmed by the witness and the licence holder.

Marginal note:Permit required

 No licence holder shall provide cadastral surveying services as an employee of an entity unless the entity holds a permit.

Marginal note:Certification of documents and drawings

 Members of the Association must certify their documents and drawings in accordance with the regulations.

COMMISSIONS

Marginal note:Commission under the Canada Lands Surveys Act

 Every person who, on the coming into force of this section, holds a commission granted under the Canada Lands Surveys Act is deemed to be a Canada Lands Surveyor who holds a commission granted under section 49.

Marginal note:Who may be granted commission
  •  (1) The Association may grant a commission to any person who has been recommended by the Board of Examiners under section 23.

  • Marginal note:Cancelling for fraud

    (2) The Association shall cancel a commission if it finds that the holder has obtained it fraudulently.

  • Marginal note:When commission cannot be granted

    (3) A person whose commission has been cancelled pursuant to subsection (2) may not be granted a new commission.

LICENCES

Marginal note:Cadastral surveying

 No person, other than a licence holder or a person acting under the direction of a licence holder, may engage in cadastral surveying on Canada Lands or on private lands in a territory.

Marginal note:Other surveying

 No member of the Association, other than a member who is a licence holder or who is acting under the direction of a licence holder, may engage in surveying on Canada Lands or private lands in a territory.

Marginal note:Conditions for licence

 An applicant for a licence must

  • (a) hold a commission;

  • (b) be a member of the Association;

  • (c) have experience and practical training in surveying totalling at least two years during the previous five years; and

  • (d) comply with the licensing requirements prescribed by the regulations and by-laws.

Marginal note:Issuance of licence

 The Registrar may issue a licence to any person who applies for a licence and complies with the requirements of this Act.

Marginal note:Revocation of licence

 The Registrar may revoke a licence for non-payment of any fee or levy prescribed by the by-laws after giving the licence holder at least two months written notice of the default and intention to revoke.

Marginal note:Application for new licence
  •  (1) A person whose licence has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the regulations, for a new licence.

  • Marginal note:Reference to Discipline Committee

    (2) The Registrar shall refer every application made under subsection (1) to the Discipline Committee.

LIABILITY INSURANCE

Marginal note:Liability insurance required
  •  (1) Subject to subsection (2) and the regulations, every member of the Association who engages in surveying must be insured against professional liability.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a member of the Association who is employed by Her Majesty in right of Canada or a province or by an agent of Her Majesty in either of those rights.

  • Marginal note:Arrangements for insurance

    (3) The Association may enter into arrangements respecting insurance against professional liability for its members.

  • Marginal note:Levies

    (4) The Association may prescribe levies to be paid by members of the Association in respect of arrangements entered into under subsection (3).

PERMITS

Marginal note:Permit required

 No entity, other than a permit holder, may provide cadastral surveying services on Canada Lands or private lands in a territory.

Marginal note:Issuance of permit

 The Registrar may issue a permit to an entity that applies for a permit in accordance with the regulations.

Marginal note:Revocation for non-payment of fees

 The Registrar may revoke a permit for non-payment of any fee or levy prescribed by the by-laws after giving the permit holder at least two months written notice of the default and intention to revoke.

Marginal note:Revocation for lack of licence

 The Registrar may revoke a permit if the permit holder no longer has a partner, associate or employee who holds a licence and who is capable of personally supervising and directing cadastral surveys.

Marginal note:Application for new permit
  •  (1) An entity whose permit has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the regulations, for a new permit.

  • Marginal note:Reference to Discipline Committee

    (2) The Registrar shall refer every application made under subsection (1) to the Discipline Committee.

REGULATIONS

Marginal note:Council may make regulations

 Subject to the approval of the Minister, the Council may make regulations respecting

  • (a) a code of ethics for professional conduct;

  • (b) the composition of committees established under this Act and the rules, practices and procedures of those committees;

  • (c) the duties and powers of the Registrar;

  • (d) the maintenance of records by the Association in respect of members of the Association, Canada Land Surveyors and permit holders, and the inspection of those records;

  • (e) applications for membership in the Association and the renewal and reinstatement of memberships in the Association;

  • (f) applications for admission as a candidate for a commission, the requirements of candidates, the cancellation of a candidacy, appeals of decisions, the granting of commissions, and the use of the titles “Canada Lands Surveyor” and “arpenteur des terres du Canada”;

  • (g) the examination of candidates for a commission;

  • (h) applications for licences and permits and their issuance and renewal, and the reinstatement of licences and permits;

  • (i) the terms and conditions under which members of the Association and their employers must have insurance against professional liability;

  • (j) the exemption of members of the Association, and their employers, from the requirement to be insured in respect of professional liability;

  • (k) the requirement for members of the Association to inform the Registrar of claims against them for professional liability;

  • (l) conflict of interest respecting surveying activities and the definition of conduct that constitutes a conflict of interest;

  • (m) the issuing and ownership of seals, the certification of documents and drawings by members of the Association, and the form of statements of responsibility, seals and signatures;

  • (n) the procedures to be followed by the Association in reviewing the surveying activities of members of the Association to ensure the maintenance of minimum standards of surveying;

  • (o) the investigation of complaints, the procedures of the Complaints Committee and the Discipline Committee and the hearing of allegations of professional misconduct or incompetence;

  • (p) the definition of professional misconduct and incompetence for the purposes of this Act; and

  • (q) any matter necessary for the purposes of carrying out this Act.

OFFENCES

Marginal note:Unlawful use of words or conduct

 Every person, other than a Canada Lands Surveyor, who

  • (a) uses the title “Canada Lands Surveyor” or “arpenteur des terres du Canada”, or any addition to or abbreviation of that title, or any words, name or designation that leads to the belief that the person is a Canada Lands Surveyor, or

  • (b) advertises or purports, in any way or by any means, to be a Canada Lands Surveyor,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Engaging in cadastral surveying without a licence

 Every person, other than a licence holder or a person acting under the direction of a licence holder, who engages or purports to be engaged in cadastral surveying on Canada Lands or on private lands in a territory is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:False statements

 Every person who

  • (a) makes or causes to be made any wilful falsification in any matter relating to a register maintained by the Registrar under this Act, or issues a false licence, a false permit or a false document with respect to a register, or

  • (b) attempts to obtain a licence or a permit by knowingly making any representation or declaration that is false in a material respect,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Obstruction

 Every person who

  • (a) obstructs a person conducting an investigation under subsection 24(2), or

  • (b) hinders or obstructs a Canada Lands Surveyor engaged in cadastral surveying, or a person assisting a Canada Lands Surveyor engaged in cadastral surveying,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Time for instituting proceedings

 Proceedings to obtain a conviction for an offence under sections 63 to 66 shall not be commenced on a date more than five years after the date on which the offence was committed.

Marginal note:Injunctions

 Where any provision of this Act is contravened, the Association may, notwithstanding any other remedy or any penalty imposed, apply to a court for an order prohibiting the continuation or repetition of the contravention or the carrying out of any activity that will result, or will likely result, in the continuation or repetition of the contravention by the person who has committed the contravention.

Marginal note:Civil remedy not affected

 No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

REPORT

Marginal note:Annual report
  •  (1) The Council shall make a report annually to the Minister containing any information that the Minister may require.

  • Marginal note:Report to be tabled

    (2) The Minister shall cause a copy of every report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.

GENERAL

Marginal note:Service of notices, etc.
  •  (1) Subject to subsection 44(3), a notice or document required by this Act to be served or delivered may be served personally or delivered by prepaid first class mail addressed to the person to whom the notice or document is to be given at the person’s last known address.

  • Marginal note:When service made

    (2) Where a notice or document is delivered by prepaid first class mail, the delivery is deemed to have been made on the tenth day after the day of mailing unless the person to whom the notice or document is given establishes that the person, acting in good faith, through absence, illness or other cause beyond the person’s control, did not receive the notice or document, or did not receive the notice or document until a later date.

Marginal note:Who may take oaths

 Any oath or affidavit mentioned in this Act may be taken before any judicial officer, notary public, commissioner for taking affidavits or Canada Lands Surveyor.

TRANSITIONAL PROVISIONS

Marginal note:Definitions

 The definitions in this section apply in sections 74 to 89.

“former Association”

« ancienne association »

“former Association” means the Association of Canada Lands Surveyors, a corporation incorporated by letters patent issued under Part II of the Canada Corporations Act, being chapter 32 of the Revised Statutes of Canada, 1970.

“former Board of Examiners”

« Commission d’examinateurs »

“former Board of Examiners” means the Board of Examiners appointed under section 5 of the Canada Lands Surveys Act.

“new Association”

« nouvelle association »

“new Association” means the Association of Canada Lands Surveyors continued under section 4.

“new Board of Examiners”

Version anglaise seulement

“new Board of Examiners” means the Board of Examiners established under paragraph 19(1)(b).

Marginal note:Act ceases to apply

 Part II of the Canada Corporations Act, being chapter C-32 of the Revised Statutes of Canada, 1970, ceases to apply to the former Association on the coming into force of section 4.

Marginal note:Powers, duties and functions

 Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the former Association, the power, duty or function is vested in or exercisable by the new Association.

Marginal note:References

 Every reference to the former Association in any deed, contract, agreement or other document executed by the former Association shall, unless the context otherwise requires, be read as a reference to the new Association.

Marginal note:Rights and obligations

 All rights and property of the former Association and all obligations of the former Association are transferred to the new Association.

Marginal note:Commencement of legal proceedings

 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Association may be brought against the new Association in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Association.

Marginal note:Continuation of legal proceedings

 Any action, suit or other legal proceeding to which the former Association is party pending in any court immediately before the day on which this section comes into force may be continued by or against the new Association in like manner and to the same extent as it could have been continued by or against the former Association.

Marginal note:By-laws

 Every by-law of the former Association is, to the extent that it is not inconsistent with this Act, a by-law of the new Association.

Marginal note:Officers and employees

 Nothing in this Act affects the status of any person who, immediately before the day on which this section comes into force, was an officer or employee of the former Association except that, as of that day, the person is an officer or employee, as the case may be, of the new Association.

Marginal note:Members

 Every member of the former Association immediately before this section comes into force is a member of the new Association on that coming into force.

Marginal note:President and Vice-President

 The President and Vice-President of the former Association before the coming into force of this section are, on that coming into force, the President and Vice-President of the new Association and shall hold office as such until the election or appointment of the first President and Vice-President of the new Association.

Marginal note:Most recent past President
  •  (1) For the purpose of paragraph 13(b), the most recent past President of the former Association as of the day on which this subsection comes into force is deemed to be the most recent past President of the new Association.

  • Marginal note:Elected members of the new Association

    (2) For the purpose of paragraph 13(c), the first members of the Council under that paragraph shall be three members of the new Association elected at a meeting of the members of the new Association called for the purpose as soon as practicable after the coming into force of this subsection.

Marginal note:Continuation of proceedings

 Proceedings relating to any matter before the former Association on the coming into force of this section, including any matter that is in the course of being heard or investigated by the former Association, shall be continued by the new Association.

Marginal note:Applicants for commissions

 Every person whose application for a commission had been accepted by the former Board of Examiners before the day on which this section comes into force and who had paid the prescribed fee required by the regulations before that day shall be examined by the new Board of Examiners under the Canada Lands Surveys Act as though that Act had not been amended by this Act.

Marginal note:Records and documents

 As soon as possible after the coming into force of this section, the Surveyor General shall provide the new Association with a copy of all records and documents in the Surveyor General’s possession relating to the examination of candidates for a commission under the Canada Lands Surveys Act, the Dominion Lands Act, being chapter 55 of the Revised Statutes of Canada, 1906 and the Dominion Lands Surveys Act, being chapter 117 of the Revised Statutes of Canada, 1927.

Marginal note:Suspension or cancellation of commissions

 The Discipline Committee shall hear and determine, in accordance with section 16 of the Canada Lands Surveys Act, as that section read immediately before the coming into force of this section, all matters relating to the cancellation or suspension of commissions held by persons to whom a notice referred to in paragraph 16(2)(a) of that Act had been sent by the former Board of Examiners before that day.

Marginal note:Decisions remain in force

 Every decision of the former Board of Examiners, including those relating to the cancellation or suspension of commissions, that is in force immediately before the day on which this section comes into force remains in force and is deemed to be a decision of the new Association.

Marginal note:Complaints

 Where, after the day on which this section comes into force, a complaint is made regarding the conduct or actions of a Canada Lands Surveyor before that day, the Discipline Committee may suspend or cancel the Canada Lands Surveyor’s commission only if it determines that the Canada Lands Surveyor is guilty of anything mentioned in subsection 16(1) of the Canada Lands Surveys Act, as that subsection read immediately before that day.

CONSEQUENTIAL AMENDMENTS

 [Amendments]

COMING INTO FORCE

Marginal note:Coming into force

Footnote * This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.