Canada Lands Surveyors Regulations (SOR/99-142)

Regulations are current to 2016-11-21 and last amended on 2016-10-12. Previous Versions

Canada Lands Surveyors Regulations

SOR/99-142

CANADA LANDS SURVEYORS ACT

Registration 1999-03-23

Canada Lands Surveyors Regulations

The Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors ActFootnote a, hereby approves the annexed Canada Lands Surveyors Regulations, made by the Council of the Association of Canada Lands Surveyors.

Ottawa, March 18, 1999

Ralph Goodale
Minister of Natural Resources

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canada Lands Surveyors Act. (Loi)

incompetence

incompetence means a lack of knowledge, skill or judgment or a disregard for the public interest of such a nature or to such an extent as to demonstrate that the member of the Association, Canada Lands Surveyor or permit holder is unable to meet the requirements of the profession or to conduct surveys in accordance with the Act or any other Act respecting surveying or any regulations made thereunder. (incompétence)

member of the Association

member of the Association means a member of the Association of Canada Lands Surveyors. (membre de l’Association)

professional misconduct

professional misconduct, in respect of a member of the Association, Canada Lands Surveyor or permit holder, as the case may be, means any of the following:

  • (a) receiving a conviction in a court of competent jurisdiction of an offence relating to surveying;

  • (b) contravening the Act, these Regulations or the by-laws, or any other Act or regulations relating to surveying;

  • (c) failing to comply with the code of ethics of the Association;

  • (d) and (e) [Repealed, SOR/2011-291, s. 1]

  • (f) failing to engage employees that are competent by virtue of education or training, or both, to perform the duties assigned to them;

  • (g) knowingly allowing or encouraging employees who are not Canada Lands Surveyors to engage in activities that reasonably would be regarded as those of a Canada Lands Surveyor;

  • (h) and (i) [Repealed, SOR/2011-291, s. 1]

  • (j) charging a fee for services not performed or knowingly submitting a false or misleading estimate, account or charge for services;

  • (k) [Repealed, SOR/2011-291, s. 1]

  • (l) making a false or malicious statement or publication that injures the professional reputation, the prospects or surveying business of another member of the Association, Canada Lands Surveyor or permit holder;

  • (m) soliciting or accepting any work when the member of the Association, Canada Lands Surveyor or permit holder knows or has reason to believe that another member of the Association, Canada Lands Surveyor or permit holder is engaged for the same purpose by the same client;

  • (n) offering a remuneration or an inducement to secure employment or a contract for services;

  • (o) [Repealed, SOR/2011-291, s. 1]

  • (p) failing to cooperate with the Association with respect to a claim made under a professional liability insurance policy;

  • (q) failing to cooperate with the Association in a review of the surveying activities of a member of the Association;

  • (q.1) failing to attend or produce documents in accordance with a notice issued under subsection 49(3) or (5);

  • (r) authorizing a non-member to act in a manner that would lead the public to believe that the non-member was licensed in accordance with the Act and these Regulations;

  • (s) engaging in conduct relevant to surveying that, having regard to all the circumstances, would reasonably be regarded by members of the Association as dishonourable or unprofessional;

  • (t) failing to remedy poor, incorrect or incomplete work after acknowledging that a deficiency exists;

  • (u) failing, in respect of a permit holder, to immediately notify the Registrar when there is no longer a member of the Association available to supervise services offered by the permit holder which must be supervised by such a member;

  • (v) failing, in respect of a permit holder, to ensure that work is carried out under the supervision of a member of the Association; and

  • (w) authorizing, permitting, counselling, abetting, assisting, aiding or acquiescing in any act or omission referred to in paragraphs (b) to (v). (manquement professionnel)

  • SOR/2011-291, s. 1.

Association of Canada Lands Surveyors Code of Ethics

[SOR/2003-1, s. 1(E)]

 For the purposes of the code of ethics set out in section 3, members means members of the Association, Canada Lands Surveyors, licence holders and permit holders.

  •  (1) Members shall abide by the code of ethics set out in subsections (2) to (7).

  • (2) Members shall serve the public to the best of their knowledge and ability and with accuracy and efficiency for the development and peaceful enjoyment of Canada’s lands and natural resources.

  • (3) Members shall be honest and trustworthy and shall, in particular,

    • (a) maintain confidentiality with respect to client or employer affairs during the term of their contract or employment and after their contract or employment has been terminated;

    • (b) certify only work that was performed by the member or under the member’s supervision; and

    • (c) enter into fee-splitting arrangements only with the knowledge and consent of their client.

  • (4) Members shall be vigilant upholders of the law relating to their profession and shall refrain from, in particular,

    • (a) entering into an arrangement that would allow the unauthorized practice of their profession; and

    • (b) knowingly or willingly becoming accessories to a failure to report any illegal practice of their profession to the Council of the Association.

  • (5) Members shall avoid any appearance of professional impropriety and shall, in particular,

    • (a) declare to their clients or employers any conflict of interest that impairs the quality of their services;

    • (b) ensure, to the best of their ability that their names are not used in association with persons or enterprises of dubious or doubtful ethics; and

    • (c) accept no compensation from more than one source for the same service without the consent of all parties involved.

  • (6) Members shall charge and accept only fair and reasonable compensation for their services and shall, in particular,

    • (a) make their claims for compensation commensurate with the professional and technical complexity of their services, their level of responsibility and their professional liability; and

    • (b) make details relevant to their claims for compensation available to their client on request.

  • (7) Members shall maintain their competence, integrity and respect for their profession in their relations with colleagues, clients, employers or employees and the public and shall, in particular,

    • (a) assume professional responsibility for all phases of survey work carried out under their supervision;

    • (b) cultivate into their employees the utmost integrity and a clear understanding of the professional obligations of surveyors to the public;

    • (c) [Repealed, SOR/2011-291, s. 2]

    • (d) continually advance their skills and knowledge through study and educational programs;

    • (e) refrain from public criticism of the conduct or practice of colleagues;

    • (f) report any perceived professional misconduct or incompetence of members to the Registrar;

    • (g) keep adequate records of their work such that its quality can be judged by their peers;

    • (h) refrain from accepting assignments beyond their competence or beyond the resources available to them; and

    • (i) avoid misleading and self-laudatory language in their advertising.

  • SOR/2011-291, s. 2.

Committees of Council

General

 Unless otherwise stated, a quorum of a committee of the Association shall be a majority of its members.

 Members of committees shall be appointed by the Council.

Executive Committee

  •  (1) The Executive Committee of the Association shall be composed of

    • (a) the President of the Association;

    • (b) the Vice-President of the Association, who shall preside in the President’s absence;

    • (c) the past President of the Association, as defined in the by-laws; and

    • (d) one or more members of the Council.

  • (2) A quorum of the Executive Committee shall be three members of the committee, at least one of whom is the President or the Vice-President.

 
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