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

Complaints Committee

Marginal note:Role

• 24 (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

• 25 (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.

Marginal note:Hearings not required

26 The Complaints Committee is not required to hold a hearing or to afford to any person an opportunity to make oral submissions before making a recommendation in respect of a complaint.

Marginal note:Continuing jurisdiction

27 The Complaints Committee has jurisdiction to deal with a complaint regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder notwithstanding that the person or entity who is the subject of the complaint ceases to be a member of the Association or permit holder, as the case may be, after receipt of the complaint by the Association.

Discipline Committee

Marginal note:Role

28 The Discipline Committee shall

• (a) subject to section 29, hear and determine allegations of professional misconduct or incompetence in complaints submitted to it by the Council;

• (b) hear and determine matters referred to it by the Registrar with respect to

  • (i) the reinstatement of a member in the Association, or

  • (ii) the issuance of a new licence or permit to any person or entity whose licence or permit has been revoked; or

• (c) perform the duties assigned to it by the Council.

Marginal note:Charge necessary

29 No complaint may be referred to the Discipline Committee unless it has been investigated by the Complaints Committee and converted to a charge sworn under oath.

Marginal note:Continuing jurisdiction

30 The Discipline Committee has jurisdiction to deal with a charge regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder notwithstanding that the person or entity who is the subject of the charge ceases to be a member of the Association or permit holder, as the case may be, after receipt of the complaint by the Association.

Marginal note:Powers

• 31 (1) Where the Discipline Committee finds a member of the Association, Canada Lands Surveyor or permit holder guilty of professional misconduct or incompetence, the Discipline Committee may take one or more of the following actions:

  • (a) cancel the member’s membership in the Association;

  • (b) revoke the member’s licence, the Canada Lands Surveyor’s commission or the permit holder’s permit;

  • (c) suspend the member’s licence, the Canada Lands Surveyor’s commission or the permit holder’s permit for a period not exceeding two years;

  • (d) accept an undertaking that limits the member’s, Canada Lands Surveyor’s or permit holder’s surveying activities to the extent specified in the undertaking;

  • (e) impose any of the terms and conditions specified in the regulations on the member’s licence or the permit holder’s permit;

  • (f) impose on the member, Canada Lands Surveyor or permit holder a penalty not in excess of $10,000, payable to the Association;

  • (g) reprimand the member, Canada Lands Surveyor or permit holder and direct that the reprimand be recorded in the register maintained by the Registrar;

  • (h) direct the member, Canada Lands Surveyor or permit holder to reimburse the complainant, the Association or both all or any part of the costs associated with the complaint;

  • (i) direct that the members of the Association be notified of any action taken by the Discipline Committee under this section; and

  • (j) take any other action that the Discipline Committee considers appropriate in the circumstances.

• Marginal note:Decision must be in writing

  (2) A decision of the Discipline Committee to take any action under this section must be in writing and set out reasons.

• Marginal note:Service

  (3) The Discipline Committee shall cause a copy of every decision to take action under this section to be given to the Council and the Association shall cause a copy of the decision to be served on the member of the Association, Canada Lands Surveyor or permit holder to whom the decision relates and on the complainant.

• Marginal note:Suspension of decision

  (4) If the Discipline Committee is of the opinion that circumstances warrant it, the Discipline Committee may, subject to such terms and conditions as it directs, suspend any action under subsection (1) for such period as it considers appropriate.

• Marginal note:Notification of members

  (5) The Registrar shall notify the members of the Association whenever a membership in the Association is cancelled or a commission, licence or permit is revoked or suspended.

• Marginal note:Notification of unfounded allegation

  (6) Where the Discipline Committee finds that an allegation of professional misconduct or incompetence against a member of the Association, Canada Lands Surveyor or permit holder is unfounded, the Registrar shall, on the request of the member, Canada Lands Surveyor or permit holder, notify the members of the Association of that finding.

• Marginal note:Reimbursement of costs

  (7) Where the Discipline Committee is of the opinion that proceedings before it in relation to any member of the Association, Canada Lands Surveyor or permit holder are unwarranted, it may recommend to the Council that the Association reimburse the whole or part of the member’s, Canada Lands Surveyor’s or permit holder’s costs.

Marginal note:Appeal

32 A party to a proceeding before the Discipline Committee may, within 30 days after the day on which a notice of a decision is served, appeal the decision to the Federal Court.

Registrar

Marginal note:Appointment

33 The Council shall appoint a Registrar for the purposes of this Act.

Marginal note:Register of surveyors

• 34 (1) The Registrar shall maintain a register in which is recorded the name of every Canada Lands Surveyor and all other information required to be recorded by the regulations in that register.

• Marginal note:Register of other information

  (2) The Registrar shall maintain a register in which is recorded

  • (a) the name and address of every member of the Association who holds a licence, every other member of the Association and every permit holder;

  • (b) information that is required to be recorded by the regulations in that register;

  • (c) information that is directed to be recorded by the Discipline Committee; and

  • (d) information that is directed to be recorded by the Council.

• Marginal note:Obligation to keep records

  (3) The Registrar shall keep all copies of records and documents relating to the examination of candidates for a commission under the Canada Lands Surveys Act, the Dominion Lands Act, being chapter 55 of the Revised Statutes of Canada, 1906 and the Dominion Lands Surveys Act, being chapter 117 of the Revised Statutes of Canada, 1927 that are provided to the Association by the Surveyor General.

Marginal note:Right to inspect registers

• 35 (1) Every one has the right to inspect the registers during normal business hours.

• Marginal note:Copies

  (2) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of a register pertaining to any member of the Association.

Marginal note:Proof

36 A statement containing information from a register and purporting to be certified by the Registrar is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated in the statement without proof of the appointment or signature of the Registrar.

Immunity

Marginal note:Immunity

37 No action or other proceedings for damages shall be instituted against the Association, a committee of the Association, a member of the Association, a member of a committee of the Association or an officer, employee, agent or appointee of the Association for any act done in the performance of any duty, or the exercise of any power, in good faith, under this Act or for any neglect or default in the performance of any duty, or the exercise of any power, in good faith, under this Act.