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

Act current to 2024-03-06

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 means the Association of Canada Lands Surveyors continued by section 4. (Association)

boundary

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. (ligne de démarcation)

by-law

by-law means a by-law of the Association made under section 18. (règlement administratif)

cadastral surveying

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. (arpentage cadastral)

Canada Lands

Canada Lands means Canada Lands within the meaning of subsection 24(1) of the Canada Lands Surveys Act. (terres du Canada)

Canada Lands Surveyor

Canada Lands Surveyor means a person who holds a commission. (arpenteur des terres du Canada)

commission

commission means a commission granted under section 49 or deemed to have been granted under that section by section 48. (brevet)

Council

Council means the Council of the Association referred to in section 13. (conseil)

entity

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. (entité)

licence

licence means a licence issued under section 53. (permis)

Minister

Minister means the Minister of Natural Resources. (ministre)

permit

permit means a permit issued under section 58. (licence)

surveying

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. (arpentage)

Surveyor General

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

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.

 

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