Canada Lands Surveyors Regulations (SOR/99-142)

• 45. (1) At a hearing before the Discipline Committee, the member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of the hearing, the Association and the complainant are parties to the proceedings.

• (2) Any party has the right to be represented by counsel.

• (3) A member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of a hearing by the Discipline Committee shall be afforded an opportunity before the hearing to examine any written or documentary material filed with the Committee.

46. All hearings held by the Discipline Committee shall be in private.

• 47. (1) A member of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing other than as a member of the Council considering the referral of the matter to the Committee.

• (2) A member of the Discipline Committee shall not communicate directly or indirectly in relation to the subject-matter of the hearing with a party, a party’s counsel or any other person who is not a member of the Committee, unless all parties are notified and given an opportunity to participate.

• 48. (1) For the purposes of a hearing, the Discipline Committee may seek the advice of persons having expertise in the field of surveying relevant to the subject-matter at issue in the hearing.

• (2) The Discipline Committee may seek legal advice from a qualified professional who is not counsel in the hearing and in such case the nature of the advice shall be made known to all parties in order that they may make submissions as to the law.

• 49. (1) A member of the Association, Canada Lands Surveyor or permit holder, whose conduct is the subject of a hearing, and any other person who, in the opinion of the Discipline Committee, has knowledge bearing on the subject matter, may be requested to attend as witnesses in the hearing.

• (2) At a hearing, a witness may be examined under oath or affirmation on all matters relevant to the hearing.

• (3) The attendance of a witness before the Discipline Committee is to be requested by a notice issued by the Registrar, or by the chairperson of the Committee, that states the date, time and place at which the witness is to attend.

• (4) A witness — other than the member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of the hearing — who has been served with a notice is entitled to be paid the same fees that are payable to witnesses in an action before the Federal Court.

• (5) The production of documents is to be requested by a notice issued by the Registrar, or by the chairperson of the Committee, that identifies the documents that are to be produced and the date, time and place at which they are to be produced.

• (6) The Discipline Committee may apply to a court of competent jurisdiction

  • (a) to compel the attendance of any witness who is requested to attend but fails to do so; or

  • (b) to compel the production of any documents that are requested and not produced.