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

Act current to 2020-11-02

Council Committees (continued)

Discipline Committee (continued)

Marginal note:Charge necessary

 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

 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

  •  (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

 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

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

Marginal note:Register of surveyors

  •  (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

  •  (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

 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

 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.

Membership

Marginal note:Granting membership

 The Registrar may grant membership in the Association to any Canada Lands Surveyor, or to any other person specified in the by-laws, who applies for membership and who complies with the regulations and the by-laws.

Marginal note:Cancellation for non-payment of fees

 The Registrar may cancel a membership in the Association for the non-payment of any fee or levy prescribed in the by-laws after giving the member of the Association at least two months written notice of the default and intention to cancel.

Marginal note:Resignation

 A member of the Association may resign from the Association by filing a resignation in writing with the Registrar.

Marginal note:Application for reinstatement

  •  (1) A person whose membership in the Association has been cancelled for professional misconduct or incompetence may, any time after two years after the date of the cancellation, apply in writing to the Registrar, in accordance with the regulations, to be reinstated as a member of the Association.

  • Marginal note:Reference to Discipline Committee

    (2) The Registrar shall refer every application made under subsection (1) to the Discipline Committee.

Duties and Powers of Members

Marginal note:Standards of conduct

 A member of the Association who directs the provision of surveying services is in all respects liable for maintaining the standards of conduct and competence in respect of the provision of those services.

Marginal note:Right to enter

 A licence holder and any person acting under the direction of a licence holder may, for the purpose of cadastral surveying, enter, pass over and measure the land of any person but shall take all reasonable precautions to avoid causing damage in so doing.

Marginal note:Witnesses and evidence

  •  (1) When a licence holder who is engaged in a cadastral survey reasonably believes that a person has knowledge of any matter relating to that survey, the licence holder may

    • (a) request the person to appear before the licence holder as a witness;

    • (b) apply to a justice of the peace for a subpoena compelling the person to appear before the licence holder to give evidence and to bring any documents as may be specified in the subpoena; and

    • (c) take evidence from any person requested or compelled to appear before the licence holder under oath to be administered by the licence holder.

  • Marginal note:Subpoena

    (2) On application by a licence holder supported by an affidavit setting out the reasons for requiring the attendance of a witness, a justice of the peace may issue the subpoena referred to in subsection (1).

  • Marginal note:Service and contents of subpoena

    (3) A subpoena shall either be personally served on the person named in the subpoena or left with an adult person at the residence of the person so named and shall state the time and place at which the hearing before the licence holder will be held.

  • Marginal note:Expenses of witnesses

    (4) A licence holder shall tender to a subpoenaed witness conduct money in an amount that will compensate the witness for reasonable expenses in attending before the licence holder and, in the event of a dispute as to the amount, the licence holder shall refer the matter to a justice of the peace whose decision shall be final.

  • Marginal note:Warrant for non-appearance

    (5) Where a person named in a subpoena refuses or fails to appear before the licence holder at the time and place named in the subpoena, the licence holder may apply to a justice of the peace for a warrant against the person and the justice of the peace may issue the warrant.

 
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