Canada Lands Surveyors Regulations (SOR/99-142)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Canada Lands Surveyors Act. (Loi)

incompetence

incompetence means a lack of knowledge, skill or judgment or a disregard for the public interest of such a nature or to such an extent as to demonstrate that the member of the Association, Canada Lands Surveyor or permit holder is unable to meet the requirements of the profession or to conduct surveys in accordance with the Act or any other Act respecting surveying or any regulations made thereunder. (incompétence)

member of the Association

member of the Association means a member of the Association of Canada Lands Surveyors. (membre de l’Association)

professional misconduct

professional misconduct, in respect of a member of the Association, Canada Lands Surveyor or permit holder, as the case may be, means any of the following:

• (a) receiving a conviction in a court of competent jurisdiction of an offence relating to surveying;

• (b) contravening the Act, these Regulations or the by-laws, or any other Act or regulations relating to surveying;

• (c) failing to comply with the code of ethics of the Association;

• (d) and (e) [Repealed, SOR/2011-291, s. 1]

• (f) failing to engage employees that are competent by virtue of education or training, or both, to perform the duties assigned to them;

• (g) knowingly allowing or encouraging employees who are not Canada Lands Surveyors to engage in activities that reasonably would be regarded as those of a Canada Lands Surveyor;

• (h) and (i) [Repealed, SOR/2011-291, s. 1]

• (j) charging a fee for services not performed or knowingly submitting a false or misleading estimate, account or charge for services;

• (k) [Repealed, SOR/2011-291, s. 1]

• (l) making a false or malicious statement or publication that injures the professional reputation, the prospects or surveying business of another member of the Association, Canada Lands Surveyor or permit holder;

• (m) soliciting or accepting any work when the member of the Association, Canada Lands Surveyor or permit holder knows or has reason to believe that another member of the Association, Canada Lands Surveyor or permit holder is engaged for the same purpose by the same client;

• (n) offering a remuneration or an inducement to secure employment or a contract for services;

• (o) [Repealed, SOR/2011-291, s. 1]

• (p) failing to cooperate with the Association with respect to a claim made under a professional liability insurance policy;

• (q) failing to cooperate with the Association in a review of the surveying activities of a member of the Association;

• (q.1) failing to attend or produce documents in accordance with a notice issued under subsection 49(3) or (5);

• (r) authorizing a non-member to act in a manner that would lead the public to believe that the non-member was licensed in accordance with the Act and these Regulations;

• (s) engaging in conduct relevant to surveying that, having regard to all the circumstances, would reasonably be regarded by members of the Association as dishonourable or unprofessional;

• (t) failing to remedy poor, incorrect or incomplete work after acknowledging that a deficiency exists;

• (u) failing, in respect of a permit holder, to immediately notify the Registrar when there is no longer a member of the Association available to supervise services offered by the permit holder which must be supervised by such a member;

• (v) failing, in respect of a permit holder, to ensure that work is carried out under the supervision of a member of the Association; and

• (w) authorizing, permitting, counselling, abetting, assisting, aiding or acquiescing in any act or omission referred to in paragraphs (b) to (v). (manquement professionnel)

Association of Canada Lands Surveyors Code of Ethics

2 For the purposes of the code of ethics set out in section 3, members means members of the Association, Canada Lands Surveyors, licence holders and permit holders.

• 3 (1) Members shall abide by the code of ethics set out in subsections (2) to (7).

• (2) Members shall serve the public to the best of their knowledge and ability and with accuracy and efficiency for the development and peaceful enjoyment of Canada’s lands and natural resources.

• (3) Members shall be honest and trustworthy and shall, in particular,

  • (a) maintain confidentiality with respect to client or employer affairs during the term of their contract or employment and after their contract or employment has been terminated;

  • (b) certify only work that was performed by the member or under the member’s supervision; and

  • (c) enter into fee-splitting arrangements only with the knowledge and consent of their client.

• (4) Members shall be vigilant upholders of the law relating to their profession and shall refrain from, in particular,

  • (a) entering into an arrangement that would allow the unauthorized practice of their profession; and

  • (b) knowingly or willingly becoming accessories to a failure to report any illegal practice of their profession to the Council of the Association.

• (5) Members shall avoid any appearance of professional impropriety and shall, in particular,

  • (a) declare to their clients or employers any conflict of interest that impairs the quality of their services;

  • (b) ensure, to the best of their ability that their names are not used in association with persons or enterprises of dubious or doubtful ethics; and

  • (c) accept no compensation from more than one source for the same service without the consent of all parties involved.

• (6) Members shall charge and accept only fair and reasonable compensation for their services and shall, in particular,

  • (a) make their claims for compensation commensurate with the professional and technical complexity of their services, their level of responsibility and their professional liability; and

  • (b) make details relevant to their claims for compensation available to their client on request.

• (7) Members shall maintain their competence, integrity and respect for their profession in their relations with colleagues, clients, employers or employees and the public and shall, in particular,

  • (a) assume professional responsibility for all phases of survey work carried out under their supervision;

  • (b) cultivate into their employees the utmost integrity and a clear understanding of the professional obligations of surveyors to the public;

  • (c) [Repealed, SOR/2011-291, s. 2]

  • (d) continually advance their skills and knowledge through study and educational programs;

  • (e) refrain from public criticism of the conduct or practice of colleagues;

  • (f) report any perceived professional misconduct or incompetence of members to the Registrar;

  • (g) keep adequate records of their work such that its quality can be judged by their peers;

  • (h) refrain from accepting assignments beyond their competence or beyond the resources available to them; and

  • (i) avoid misleading and self-laudatory language in their advertising.

Committees of Council

General

4 Unless otherwise stated, a quorum of a committee of the Association shall be a majority of its members.

5 Members of committees shall be appointed by the Council.

Executive Committee

• 6 (1) The Executive Committee of the Association shall be composed of

  • (a) the President of the Association;

  • (b) the Vice-President of the Association, who shall preside in the President’s absence;

  • (c) the past President of the Association, as defined in the by-laws; and

  • (d) one or more members of the Council.

• (2) A quorum of the Executive Committee shall be three members of the committee, at least one of whom is the President or the Vice-President.

Board of Examiners

• 7 (1) The Board of Examiners shall be composed of

  • (a) a chairperson; and

  • (b) four members of the Association.

• (2) A quorum of the Board of Examiners shall be three members of the Board.

• (3) If the chairperson or a member is unable to perform the duties of the Board of Examiners, the Council shall appoint a replacement.

• (4) The chairperson and every member of the Board of Examiners shall, before entering office, take, before any person duly authorized to take oaths or affidavits, an oath (or solemn affirmation) in the following form:

  I, ...................., do solemnly swear (or affirm) that I will faithfully discharge the duty of an examiner of candidates for a commission as a Canada Lands Surveyor according to law and without favour, affection or partiality. (Add, in the case of an oath: So help me God.)

Complaints Committee

• 8 (1) The Complaints Committee shall be composed of

  • (a) at least one elected member of the Council;

  • (b) one member of the Council appointed to the Council by the Minister; and

  • (c) at least three members of the Association.

• (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee.

• (3) The Council shall appoint one member of the Complaints Committee to be the chairperson.

• (4) A quorum of the Complaints Committee consists of three members of the Committee, one of whom is an elected member of the Council.

Discipline Committee

• 9 (1) The Discipline Committee shall be composed of

  • (a) at least one elected member of the Council;

  • (b) one member of the Council appointed to the Council by the Minister; and

  • (c) at least three members of the Association who each have no less than ten years experience in surveying.

• (2) The Council shall appoint one member of the Discipline Committee to be the chairperson.

• (3) A quorum of the Discipline Committee shall be the member who is appointed to the Council by the Minister and two other members of the Committee.

• (4) If the Discipline Committee commences a hearing and a member of the Committee becomes unable to act, the remaining members may complete the hearing in the absence of the member who is unable to act, provided a quorum is maintained.

• (5) If a proceeding is commenced before the Discipline Committee and the term of office of a member of the Committee expires or is terminated, other than for professional misconduct or incompetence, before the proceeding is disposed of but after evidence has been heard, the member shall remain a member of the Committee for the purpose of completing the disposition of the proceeding in the same manner as if the term of office had not expired or been terminated.

Registers

• 10 (1) The Registrar shall maintain a register of Canada Lands Surveyors in which the following information is entered in respect of each surveyor:

  • (a) name;

  • (b) commission granted;

  • (c) number and date of commission;

  • (d) status of commission; and

  • (e) all available information about the surveyor’s address.

• (2) The Registrar shall maintain a register of members of the Association in which the following information is to be entered in respect of each member, including former members:

  • (a) name;

  • (b) date of enrolment and date of any change in category of membership;

  • (c) category of membership;

  • (d) address and telephone number;

  • (e) name and address of partnership, firm or employer;

  • (f) status of membership fee payments;

  • (g) status of membership;

  • (h) date of issue of licence;

  • (i) status of licence fee payments;

  • (j) status of licence;

  • (k) proof of liability insurance coverage or proof of exemption therefrom; and

  • (l) information about any claim against the member for professional liability.

• (3) The Registrar shall maintain a register of permit holders in which the following information is entered in respect of each permit holder:

  • (a) name;

  • (b) date on which a permit was first issued;

  • (c) address and telephone number;

  • (d) names of the members of the Association responsible for the surveying services offered by the permit holder;

  • (e) date of issue of permit;

  • (f) status of permit fee payments;

  • (g) status of permit;

  • (h) proof of liability insurance coverage or proof of exemption therefrom; and

  • (i) information about any claim against the permit holder for professional liability.