Canada Lands Surveyors Regulations (SOR/99-142)

Regulations are current to 2016-06-06 and last amended on 2011-12-06. Previous Versions

Discipline Process and Conduct of Hearings

  •  (1) Before the holding of a hearing by the Discipline Committee, the Registrar shall serve on the member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of the hearing, and on the complainant, a notice of hearing, signed by the chairperson of the Committee, stating the date, time and place at which the Committee will hold the hearing together with a detailed description of the allegations in respect of which the hearing will be held and a statement of material facts in respect of each allegation.

  • (2) A notice of hearing shall be served at least 30 days before the date of the hearing.

  • (3) The Discipline Committee, on receipt of proof of service of the notice of hearing on the member of the Association, Canada Lands Surveyor or permit holder, and on the complainant, may

    • (a) proceed with the hearing in the absence of any of those persons; and

    • (b) act on the matter being heard in the same way that it would if any of those persons were present.

  • SOR/2011-291, s. 12.
  •  (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.

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

  •  (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.

  •  (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.

  •  (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.

  • SOR/2011-291, s. 13.

 [Repealed, SOR/2011-291, s. 14]

 The Discipline Committee may adjourn a hearing at any time.

 No member of the Discipline Committee shall participate in a decision of the Committee following a hearing unless the member was present throughout the hearing and heard the evidence and argument of all parties.

 All decisions of the Discipline Committee require the vote of a majority of the members of the Committee present at the meeting at which the vote is held.

 For every hearing held by the Discipline Committee, a record shall be compiled consisting of the allegation and the notice referred to in subsection 44(1), any rulings or orders made in the course of the proceeding, a summary of the oral evidence presented at the hearing, any copies of documents and things that were placed in evidence and the decision and the reasons for it.

  • SOR/2003-1, s. 9(E).

 Documents and things received in evidence shall be released to the persons who produced them within a reasonable time after the matter has been finally determined.

Powers of the Discipline Committee

 For the purpose of paragraph 31(1)(e) of the Act, if the Discipline Committee finds a member of the Association or permit holder guilty of professional misconduct or incompetence, the Committee may impose any of the following terms and conditions on the member’s licence or permit holder’s permit:

  • (a) monitoring of the surveying activities of the member or permit holder;

  • (b) restriction of activities of the member or permit holder to a specified office, number of survey crews or area of expertise;

  • (c) requirement to have or acquire employees with specified expertise;

  • (d) requirement to have a qualified person to manage the financial aspects of the member’s or permit holder’s business; and

  • (e) the completion of specified education or training.

 [Repealed, SOR/2011-291, s. 15]

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on March 18, 1999.

 
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