Canada Lands Surveyors Regulations (SOR/99-142)

Membership

Applications

11 A person may apply to become a member of the Association by submitting to the Registrar an application on the form provided by the Association.

Annual Renewal

• 12 (1) An application for a renewal of membership shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association.

• (2) The Registrar shall renew the membership if the application complies with the requirements of the Act and these Regulations.

Reinstatement

• 13 (1) A person whose membership has lapsed or has been cancelled may apply for a new membership in accordance with section 11.

• (2) The Registrar shall grant the new membership if the application complies with the requirements of the Act and these Regulations.

Commissions

Application for Admission as a Candidate for a Commission

• 14 (1) Every person who wishes to be a candidate for a commission as a Canada Lands Surveyor and who is entitled to survey lands in a province under the laws of that province shall submit to the Board of Examiners

  • (a) an application for admission as a candidate on the form provided by the Association;

  • (b) a copy of any commission or licence authorizing the person to survey lands in the province; and

  • (c) certification of the status of the commission or licence by the agency that issued it.

• (2) Every person who wishes to be a candidate for a commission as a Canada Lands Surveyor and who is registered as a candidate to become entitled to survey lands in a province shall submit to the Board of Examiners

  • (a) an application for admission as a candidate on the form provided by the Association;

  • (b) a certification from the applicable provincial organization that the person is registered as a candidate to become commissioned or licensed to survey lands in the province; and

  • (c) as soon as the person has obtained a provincial licence or commission, certification from the issuing agency that the licence or commission has been issued.

• 15 (1) Every person, other than a person who is entitled to survey lands in a province or is registered as a candidate to become entitled to survey lands in a province, who wishes to be a candidate for a commission as a Canada Lands Surveyor shall submit to the Board of Examiners

  • (a) an application for admission as a candidate on the form provided by the Association;

  • (b) a summary of all academic education together with an official transcript of marks for any post-secondary education; and

  • (c) a copy of any diploma, degree, certificate or other similar evidence of level of education awarded by a college, university or other educational institution or a certifying body.

• (2) Official documents submitted pursuant to paragraphs (1)(b) and (c) that are not in English or French must be accompanied by an English or French translation attested to by a certified translator.

• (3) No person shall be admitted as a candidate unless the information submitted indicates that the person has achieved at least the level of education obtained by a graduate in survey technology of a Canadian college.

Application for Examination

• 16 (1) A candidate for a commission shall submit notice of the candidate’s intention to be examined to the Registrar at least two months before the date of commencement of the examinations as announced in accordance with section 20.

• (2) Despite subsection (1), a candidate who submits notice of the candidate’s intention to be examined after the deadline referred to in subsection (1) shall only be admitted on a first come, first served basis in accordance with the availability of places and copies of the examinations.

Examination Subjects

17 The subjects of the examinations for a commission are the following:

• (a) effective communication,

• (b) mathematics,

• (c) cadastral surveys,

• (d) survey systems,

• (e) land registration systems,

• (f) cadastre,

• (g) civil and common law,

• (h) survey law,

• (i) survey instruments,

• (j) survey astronomy,

• (k) geodetic positioning,

• (l) control surveys,

• (m) engineering surveys,

• (n) hydrographic surveys,

• (o) applied photogrammetry,

• (p) remote sensing,

• (q) cartography,

• (r) map projections,

• (s) probability and statistics,

• (t) least-squares estimation,

• (u) computer science,

• (v) spatial database management systems,

• (w) data analysis,

• (x) earth sciences,

• (y) oceanography,

• (z) environmental management,

• (z.1) land-use planning,

• (z.2) land administration,

• (z.3) management of geographical information systems,

• (z.4) professional affairs and ethics,

• (z.5) business administration, economics and law,

• (z.6) acts and regulations relating to surveys of Canada Lands,

• (z.7) property rights systems on Canada Lands,

• (z.8) government structures, and

• (z.9) aboriginal government issues.

Examination

18 A candidate is required, within a period of seven years after the date on which the candidate’s application is accepted, to pass all the examinations prescribed by the Board of Examiners after an evaluation of the candidate’s qualifications, or to demonstrate to the Board of Examiners that the candidate has received equivalent training.

19 Subject to section 18, a candidate may rewrite any examination that the candidate fails.

• 20 (1) Examinations shall be held at least once a year at times and places determined by the Board of Examiners.

• (2) The times and places referred to in subsection (1) shall be announced by the Board of Examiners at least six months before the date of commencement of the examinations.

21 If a candidate who has been admitted to an examination is found to be ineligible to be examined, the examination of that candidate is void.

Special Examiners

• 22 (1) The Council shall, on the recommendation of the Board of Examiners, appoint as special examiners persons who are particularly conversant with the specific subjects set out in section 17 for which they will prepare examinations and appraise responses of candidates thereto.

• (2) Every special examiner shall, before entering office, take the oath or affirmation required of members of the Board of Examiners under subsection 7(4).

Granting of Commissions

• 23 (1) Every candidate shall, before the Board of Examiners recommends the granting of a commission,

  • (a) take, before any person duly authorized to take oaths or affidavits, an oath (or solemn affirmation) in the following form:

    I, ...................., do solemnly swear (or affirm) that I will faithfully discharge the duties of a Canada Lands Surveyor according to law and without favour, affection or partiality. (Add, in the case of an oath: So help me God); and

  • (b) pay to the Registrar the fee, as set out in the by-laws, for a commission.

• (2) The oath or affirmation referred to in paragraph 1(a) shall be in writing and signed by the candidate.

• (3) Every commission shall be registered in the office of the Association by the Registrar, and a copy of the commission shall be retained by the Registrar.

• (4) The oath or affirmation referred to in paragraph (1)(a) shall be sent by the candidate to the office of the Association and be filed by the Registrar.

Review of Decisions of the Board of Examiners

• 24 (1) Every person subject to a decision by the Board of Examiners may request that the Board review the decision by submitting both a written application to the Registrar within 21 days after the issue of the decision and the fee for review, as set out in the by-laws.

• (2) If a request under subsection (1) is made, the Board of Examiners shall review the decision and respond to the person in writing within three months after the day on which the request was received.

Use of Title

• 25 (1) Subject to subsection (2), a person who holds a commission may not use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S” or “A.T.C.” or any form of those letters unless they are a member of the Association.

• (2) No person shall use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S.” or “A.T.C.” or any form of those letters in connection with the name of an entity, unless the person holds a licence issued by the Association pursuant to the Act and these Regulations.

Licences

Applications

• 26 (1) Submission of the following to the Registrar is a requirement for the purposes of paragraph 52(d) of the Act:

  • (a) an application for a licence on the form provided by the Association;

  • (b) an affidavit or affidavits, on forms provided by the Association, verifying the completion of the experience and practical training required under paragraph 52(c) of the Act, detailing the period or periods and the nature of the experience and training, and stating the names and qualifications of the persons under whose supervision the experience and training was acquired;

  • (c) the annual licence fee for the current fiscal year, as set out in the by-laws, prorated for the period beginning on the first day of the month in which the application is filed and ending on the last day of the fiscal year of the Association;

  • (d) any other fee or levy imposed under the Act or these Regulations; and

  • (e) proof of professional liability insurance coverage or proof of exemption therefrom.

• (2) A member of the Association, whose licence has been revoked for the non-payment of any fee or levy specified in the by-laws or whose licence has lapsed, is not required, in order to obtain a new licence, to submit the affidavit or affidavits referred to in paragraph (1)(b) if the revocation or lapse occurred less than five years before the day on which the new licence is applied for.

• (3) For the purposes of subsection 55(1) of the Act, when the licence of a member of the Association has been revoked for professional misconduct or incompetence, their application for a new licence shall be made in the manner set out in paragraph (1)(a) and shall include the affidavit or affidavits, fees, levies and proof of insurance coverage or exemption set out in paragraphs (1)(b) to (e).

Annual Renewal

• 27 (1) An application for a renewal of a licence shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association.

• (2) The Registrar shall renew the licence if the following conditions are met:

  • (a) the application was filed in accordance with subsection (1);

  • (b) the applicant holds a commission;

  • (c) the applicant is a member of the Association;

  • (d) the applicant provides, with their application, proof of professional liability insurance coverage or proof of exemption; and

  • (e) the applicant provides, with their application, the annual licence fee payable for the current fiscal year.