Canada Lands Surveyors Regulations (SOR/99-142)

28 [Repealed, SOR/2011-291, s. 6]

Professional Liability Insurance

Requirement

• 29 (1) Every member of the Association who must have insurance against professional liability shall be insured through

  • (a) a master policy maintained by the Association for its members; or

  • (b) any other policy that meets the requirements as set out in subsection (4).

• (2) The policy limit for each individual certificate under the master policy shall not be less than $250,000 for each single occurrence and $500,000 for all occurrences in any 12 month period.

• (3) [Repealed, SOR/2011-291, s. 7]

• (4) A policy not maintained by the Association shall provide at least the minimum coverage required under subsection (2) and shall contain a clause that the Association shall be given 10 days notice before the policy is cancelled.

30 A member of the Association who does not hold a licence is exempt from any requirement to be insured against professional liability as a Canada Lands Surveyor.

Proof of Professional Liability Insurance

31 Every member of the Association who holds a licence and is insured through a policy not maintained by the Association shall provide the Registrar with a copy of that policy and a notice of any change in that policy.

Permits

Applications

• 32 (1) An entity may apply for a permit by submitting to the Registrar

  • (a) an application for a permit on the form provided by the Association;

  • (b) names of the licensed members of the Association who will be personally responsible for the surveying services;

  • (c) the annual permit fee, as set out in the by-laws;

  • (d) any other fee or levy imposed under the Act or these Regulations; and

  • (e) proof of the required professional liability insurance coverage or proof of the entity’s exemption from it.

• (2) For the purposes of subsection 61(1) of the Act, when the permit of an entity has been revoked for professional misconduct or incompetence, their application for a new permit shall be made in the manner set out in paragraph (1)(a) and shall include the information, fees, levies and proof of insurance coverage or exemption set out in paragraphs (1)(b) to (e).

33 The Registrar may not issue a permit to an entity that has applied in accordance with section 32 unless the following conditions are met:

• (a) a principal function of the entity is surveying;

• (b) the entity has within its management at least one licence holder who ensures that the entity complies with the Association’s standards of conduct, knowledge and skill in its surveying activities;

• (c) the entity has professional liability insurance coverage at least equivalent to that required by licensed members under subsection 29(4);

• (d) the name of the entity is not misleading, self-laudatory or inappropriate with regard to protection of the public and the integrity of the profession; and

• (e) in respect of the members of the Association that have been identified in respect of the requirement in paragraph 32(1)(b), the Registrar is not aware of any existing non-compliance on their part with the requirements of the Act and these Regulations.

Annual Renewal

• 34 (1) An application for a renewal of a permit shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association.

• (2) The Registrar shall renew the permit if the following conditions are met:

  • (a) the application was filed in accordance with subsection (1);

  • (b) the applicant provides, with their application, the information, fees and levies and proof of insurance or exemption referred to in paragraphs 32(1)(b) to (e); and

  • (c) the conditions in section 33 are met.

35 [Repealed, SOR/2011-291, s. 11]

Certification of Documents

Seal

36 A member of the Association who holds a licence may obtain a seal from the Registrar.

Certification

• 37 (1) A member of the Association who holds a licence shall certify a document or drawing by

  • (a) including in it a statement of responsibility that is in accordance with section 38;

  • (b) signing it by hand or, if it is in electronic format, signing it with an electronic signature that is generated using a technology or process that is approved by the Council for the purpose of certifying documents and drawings;

  • (c) dating it with the date on which it is signed in accordance with paragraph (b); and

  • (d) applying the seal referred to in section 36 to it or, if it is in electronic format, including in it an electronic version of the seal.

• (2) The Council shall not approve a technology or process for the purpose of certifying documents and drawings that are in electronic format unless the technology or process generates an electronic signature that

  • (a) is unique to each member of the Association;

  • (b) is intended solely for use of the member of the Association; and

  • (c) provides a means of determining whether a document or drawing has been modified after it is signed by the member of the Association.

Statement of Responsibility

• 38 (1) A statement of responsibility shall be in the form “certified correct”, if the survey and all associated work, documents and drawings to which the statement applies

  • (a) were made by or under the direct supervision of that member;

  • (b) were made in accordance with the instructions, requirements and standards applicable to the purposes for which they were made;

  • (c) were made in accordance with the instructions of the client; and

  • (d) are correct and true to the best of the member’s knowledge and belief.

• (2) A statement of responsibility that is not in the form “certified correct” shall specifically identify those responsibilities referred to in paragraphs (1)(a) to (d) that are accepted by the member of the Association.

Review of Surveying Activities

39 A review of the surveying activities of members of the Association to ensure the maintenance of minimum standards of surveying shall consist of a review of survey plans, documents and drawings pertaining to surveys made by those members, and may include any of the following:

• (a) a field inspection of the work depicted in the survey plans, documents and drawings;

• (b) an examination of files and other documents pertaining to the production of survey plans, documents and drawings of the members of the Association and permit holders; and

• (c) a written report of each plan review, field inspection and examination conducted under this section.

40 The Council shall appoint one or more Canada Lands Surveyors to review the surveying activities of members of the Association.

• 41 (1) Reports of the results of reviews of the surveying activities of members of the Association shall be based on compliance with the requirements of these Regulations and the Act and any other Act governing surveying standards.

• (2) Reports of the results of reviews of the surveying activities of members of the Association shall be submitted to the Registrar.

42 The Registrar shall maintain a file for each member of the Association and shall keep in that file all reports of reviews of the surveying activities pertaining to the member, and notify the member of any change to the member’s file.

Complaint and Discipline Processes

Complaint Process

• 43 (1) A request to the Association under paragraph 25(5)(a) of the Act shall be made to the Registrar.

• (2) When the Registrar receives a request under paragraph 25(5)(a) of the Act, the Registrar shall notify the Council and, if the Council agrees with the request, it shall appoint a person to swear a charge under oath or affirmation in the name of the Association and to file the charge with the Registrar.

• (3) Where a complainant personally swears a charge under oath or affirmation under paragraph 25(5)(b) of the Act, the charge shall be filed by the complainant with the Registrar.

Discipline Process and Conduct of Hearings

• 44 (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.

• 45 (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.

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

• 47 (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.

• 48 (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.

• 49 (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.