Canada Lands Surveyors Regulations

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) signing a certificate, report or plan that is not prepared or completed by the member of the Association or Canada Lands Surveyor or under the supervision of the member or Canada Lands Surveyor;

• (e) failing to assume responsibility for all phases of survey work carried out under the supervision of the member of the Association or Canada Lands Surveyor;

• (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) failing to regard as confidential any information, however obtained, about the affairs of an employer’s clients or failing to continue to regard the information as confidential after the termination of the relationship with the employer;

• (i) failing to disclose to a client or employer a conflict of interest;

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

• (k) advertising in a manner that is contrary to the by-laws;

• (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) undertaking work that the member of the Association, Canada Lands Surveyor or permit holder is not competent to perform by virtue of training and experience or that is beyond the resources of that member, Canada Lands Surveyor or permit holder to complete in the time agreed on with the client;

• (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;

• (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)