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

Act current to 2020-11-02

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.

Marginal note:Hearings not required

 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

 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

 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.

 
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