Canada Lands Surveyors Regulations

Canada Lands Surveyors Regulations The Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors Acta, hereby approves the annexed Canada Lands Surveyors Regulations, made by the Council of the Association of Canada Lands Surveyors. S.C. 1998, c. 14 Ottawa, March 18, 1999 The definitions in this section apply in these Regulations. Act means the Canada Lands Surveyors Act. (Loi) 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 means a member of the Association of Canada Lands Surveyors. (membre de l’Association) 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: receiving a conviction in a court of competent jurisdiction of an offence relating to surveying; contravening the Act, these Regulations or the by-laws, or any other Act or regulations relating to surveying; failing to comply with the code of ethics of the Association; [Repealed, SOR/2011-291, s. 1] failing to engage employees that are competent by virtue of education or training, or both, to perform the duties assigned to them; 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; charging a fee for services not performed or knowingly submitting a false or misleading estimate, account or charge for services; 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; 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; offering a remuneration or an inducement to secure employment or a contract for services; failing to cooperate with the Association with respect to a claim made under a professional liability insurance policy; failing to cooperate with the Association in a review of the surveying activities of a member of the Association; failing to attend or produce documents in accordance with a notice issued under subsection 49(3) or (5); 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; 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; failing to remedy poor, incorrect or incomplete work after acknowledging that a deficiency exists; 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; failing, in respect of a permit holder, to ensure that work is carried out under the supervision of a member of the Association; and authorizing, permitting, counselling, abetting, assisting, aiding or acquiescing in any act or omission referred to in paragraphs (b) to (v). (manquement professionnel) 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. Members shall abide by the code of ethics set out in subsections (2) to (7). 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. Members shall be honest and trustworthy and shall, in particular, 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; certify only work that was performed by the member or under the member’s supervision; and enter into fee-splitting arrangements only with the knowledge and consent of their client. Members shall be vigilant upholders of the law relating to their profession and shall refrain from, in particular, entering into an arrangement that would allow the unauthorized practice of their profession; and knowingly or willingly becoming accessories to a failure to report any illegal practice of their profession to the Council of the Association. Members shall avoid any appearance of professional impropriety and shall, in particular, declare to their clients or employers any conflict of interest that impairs the quality of their services; 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 accept no compensation from more than one source for the same service without the consent of all parties involved. Members shall charge and accept only fair and reasonable compensation for their services and shall, in particular, make their claims for compensation commensurate with the professional and technical complexity of their services, their level of responsibility and their professional liability; and make details relevant to their claims for compensation available to their client on request. 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, assume professional responsibility for all phases of survey work carried out under their supervision; cultivate into their employees the utmost integrity and a clear understanding of the professional obligations of surveyors to the public; [Repealed, SOR/2011-291, s. 2] continually advance their skills and knowledge through study and educational programs; refrain from public criticism of the conduct or practice of colleagues; report any perceived professional misconduct or incompetence of members to the Registrar; keep adequate records of their work such that its quality can be judged by their peers; refrain from accepting assignments beyond their competence or beyond the resources available to them; and avoid misleading and self-laudatory language in their advertising. Unless otherwise stated, a quorum of a committee of the Association shall be a majority of its members. Members of committees shall be appointed by the Council. The Executive Committee of the Association shall be composed of the President of the Association; the Vice-President of the Association, who shall preside in the President’s absence; the past President of the Association, as defined in the by-laws; and one or more members of the Council. 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. The Board of Examiners shall be composed of a chairperson; and four members of the Association. A quorum of the Board of Examiners shall be three members of the Board. If the chairperson or a member is unable to perform the duties of the Board of Examiners, the Council shall appoint a replacement. 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: The Complaints Committee shall be composed of at least one elected member of the Council; one member of the Council appointed to the Council by the Minister; and at least three members of the Association. No person who is a member of the Discipline Committee shall be a member of the Complaints Committee. The Council shall appoint one member of the Complaints Committee to be the chairperson. A quorum of the Complaints Committee consists of three members of the Committee, one of whom is an elected member of the Council. The Discipline Committee shall be composed of at least three members of the Association who each have no less than ten years experience in surveying. The Council shall appoint one member of the Discipline Committee to be the chairperson. 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. 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. 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. The Registrar shall maintain a register of Canada Lands Surveyors in which the following information is entered in respect of each surveyor: name; commission granted; number and date of commission; status of commission; and all available information about the surveyor’s address. 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: date of enrolment and date of any change in category of membership; category of membership; address and telephone number; name and address of partnership, firm or employer; status of membership fee payments; status of membership; date of issue of licence; status of licence fee payments; status of licence; proof of liability insurance coverage or proof of exemption therefrom; and information about any claim against the member for professional liability. The Registrar shall maintain a register of permit holders in which the following information is entered in respect of each permit holder: date on which a permit was first issued; names of the members of the Association responsible for the surveying services offered by the permit holder; date of issue of permit; status of permit fee payments; status of permit; information about any claim against the permit holder for professional liability. A person may apply to become a member of the Association by submitting to the Registrar an application on the form provided by the Association. An application for a renewal of membership shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association. The Registrar shall renew the membership if the application complies with the requirements of the Act and these Regulations. A person whose membership has lapsed or has been cancelled may apply for a new membership in accordance with section 11. The Registrar shall grant the new membership if the application complies with the requirements of the Act and these Regulations. Every person who wishes to be a candidate for a commission as a Canada Lands Surveyor and who is entitled to survey lands in a province under the laws of that province shall submit to the Board of Examiners an application for admission as a candidate on the form provided by the Association; a copy of any commission or licence authorizing the person to survey lands in the province; and certification of the status of the commission or licence by the agency that issued it. Every person who wishes to be a candidate for a commission as a Canada Lands Surveyor and who is registered as a candidate to become entitled to survey lands in a province shall submit to the Board of Examiners a certification from the applicable provincial organization that the person is registered as a candidate to become commissioned or licensed to survey lands in the province; and as soon as the person has obtained a provincial licence or commission, certification from the issuing agency that the licence or commission has been issued. Every person, other than a person who is entitled to survey lands in a province or is registered as a candidate to become entitled to survey lands in a province, who wishes to be a candidate for a commission as a Canada Lands Surveyor shall submit to the Board of Examiners a summary of all academic education together with an official transcript of marks for any post-secondary education; and a copy of any diploma, degree, certificate or other similar evidence of level of education awarded by a college, university or other educational institution or a certifying body. Official documents submitted pursuant to paragraphs (1)(b) and (c) that are not in English or French must be accompanied by an English or French translation attested to by a certified translator. No person shall be admitted as a candidate unless the information submitted indicates that the person has achieved at least the level of education obtained by a graduate in survey technology of a Canadian college. A candidate for a commission shall submit notice of the candidate’s intention to be examined to the Registrar at least two months before the date of commencement of the examinations as announced in accordance with section 20. Despite subsection (1), a candidate who submits notice of the candidate’s intention to be examined after the deadline referred to in subsection (1) shall only be admitted on a first come, first served basis in accordance with the availability of places and copies of the examinations. The subjects of the examinations for a commission are the following: effective communication, mathematics, cadastral surveys, survey systems, land registration systems, cadastre, civil and common law, survey law, survey instruments, survey astronomy, geodetic positioning, control surveys, engineering surveys, hydrographic surveys, applied photogrammetry, remote sensing, cartography, map projections, probability and statistics, least-squares estimation, computer science, spatial database management systems, data analysis, earth sciences, oceanography, environmental management, land-use planning, land administration, management of geographical information systems, professional affairs and ethics, business administration, economics and law, acts and regulations relating to surveys of Canada Lands, property rights systems on Canada Lands, government structures, and aboriginal government issues. A candidate is required, within a period of seven years after the date on which the candidate’s application is accepted, to pass all the examinations prescribed by the Board of Examiners after an evaluation of the candidate’s qualifications, or to demonstrate to the Board of Examiners that the candidate has received equivalent training. Subject to section 18, a candidate may rewrite any examination that the candidate fails. Examinations shall be held at least once a year at times and places determined by the Board of Examiners. The times and places referred to in subsection (1) shall be announced by the Board of Examiners at least six months before the date of commencement of the examinations. If a candidate who has been admitted to an examination is found to be ineligible to be examined, the examination of that candidate is void. The Council shall, on the recommendation of the Board of Examiners, appoint as special examiners persons who are particularly conversant with the specific subjects set out in section 17 for which they will prepare examinations and appraise responses of candidates thereto. Every special examiner shall, before entering office, take the oath or affirmation required of members of the Board of Examiners under subsection 7(4). Every candidate shall, before the Board of Examiners recommends the granting of a commission, take, before any person duly authorized to take oaths or affidavits, an oath (or solemn affirmation) in the following form: pay to the Registrar the fee, as set out in the by-laws, for a commission. The oath or affirmation referred to in paragraph 1(a) shall be in writing and signed by the candidate. Every commission shall be registered in the office of the Association by the Registrar, and a copy of the commission shall be retained by the Registrar. The oath or affirmation referred to in paragraph (1)(a) shall be sent by the candidate to the office of the Association and be filed by the Registrar. Every person subject to a decision by the Board of Examiners may request that the Board review the decision by submitting both a written application to the Registrar within 21 days after the issue of the decision and the fee for review, as set out in the by-laws. If a request under subsection (1) is made, the Board of Examiners shall review the decision and respond to the person in writing within three months after the day on which the request was received. Subject to subsection (2), a person who holds a commission may not use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S” or “A.T.C.” or any form of those letters unless they are a member of the Association. No person shall use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S.” or “A.T.C.” or any form of those letters in connection with the name of an entity, unless the person holds a licence issued by the Association pursuant to the Act and these Regulations. Submission of the following to the Registrar is a requirement for the purposes of paragraph 52(d) of the Act: an application for a licence on the form provided by the Association; an affidavit or affidavits, on forms provided by the Association, verifying the completion of the experience and practical training required under paragraph 52(c) of the Act, detailing the period or periods and the nature of the experience and training, and stating the names and qualifications of the persons under whose supervision the experience and training was acquired; the annual licence fee for the current fiscal year, as set out in the by-laws, prorated for the period beginning on the first day of the month in which the application is filed and ending on the last day of the fiscal year of the Association; any other fee or levy imposed under the Act or these Regulations; and proof of professional liability insurance coverage or proof of exemption therefrom. A member of the Association, whose licence has been revoked for the non-payment of any fee or levy specified in the by-laws or whose licence has lapsed, is not required, in order to obtain a new licence, to submit the affidavit or affidavits referred to in paragraph (1)(b) if the revocation or lapse occurred less than five years before the day on which the new licence is applied for. For the purposes of subsection 55(1) of the Act, when the licence of a member of the Association has been revoked for professional misconduct or incompetence, their application for a new licence shall be made in the manner set out in paragraph (1)(a) and shall include the affidavit or affidavits, fees, levies and proof of insurance coverage or exemption set out in paragraphs (1)(b) to (e). An application for a renewal of a licence shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association. The Registrar shall renew the licence if the following conditions are met: the application was filed in accordance with subsection (1); the applicant holds a commission; the applicant is a member of the Association; the applicant provides, with their application, proof of professional liability insurance coverage or proof of exemption; and the applicant provides, with their application, the annual licence fee payable for the current fiscal year. [Repealed, SOR/2011-291, s. 6] Every member of the Association who must have insurance against professional liability shall be insured through a master policy maintained by the Association for its members; or any other policy that meets the requirements as set out in subsection (4). 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. [Repealed, SOR/2011-291, s. 7] 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. 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. 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. An entity may apply for a permit by submitting to the Registrar an application for a permit on the form provided by the Association; names of the licensed members of the Association who will be personally responsible for the surveying services; the annual permit fee, as set out in the by-laws; proof of the required professional liability insurance coverage or proof of the entity’s exemption from it. 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). 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 principal function of the entity is surveying; 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; the entity has professional liability insurance coverage at least equivalent to that required by licensed members under subsection 29(4); 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 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. 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. The Registrar shall renew the permit if the following conditions are met: 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 the conditions in section 33 are met. [Repealed, SOR/2011-291, s. 11] A member of the Association who holds a licence may obtain a seal from the Registrar. A member of the Association who holds a licence shall certify a document or drawing by including in it a statement of responsibility that is in accordance with section 38; 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; dating it with the date on which it is signed in accordance with paragraph (b); and 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. 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 is unique to each member of the Association; is intended solely for use of the member of the Association; and provides a means of determining whether a document or drawing has been modified after it is signed by the member of the Association. 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 were made by or under the direct supervision of that member; were made in accordance with the instructions, requirements and standards applicable to the purposes for which they were made; were made in accordance with the instructions of the client; and are correct and true to the best of the member’s knowledge and belief. 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. 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 field inspection of the work depicted in the survey plans, documents and drawings; 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 a written report of each plan review, field inspection and examination conducted under this section. The Council shall appoint one or more Canada Lands Surveyors to review the surveying activities of members of the Association. 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. Reports of the results of reviews of the surveying activities of members of the Association shall be submitted to the Registrar. 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. A request to the Association under paragraph 25(5)(a) of the Act shall be made to the Registrar. 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. 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. 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. A notice of hearing shall be served at least 30 days before the date of the hearing. 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 proceed with the hearing in the absence of any of those persons; and act on the matter being heard in the same way that it would if any of those persons were present. 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. Any party has the right to be represented by counsel. 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. All hearings held by the Discipline Committee shall be in private. 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. 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. 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. 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. 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. At a hearing, a witness may be examined under oath or affirmation on all matters relevant to the hearing. 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. 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. 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. The Discipline Committee may apply to a court of competent jurisdiction to compel the attendance of any witness who is requested to attend but fails to do so; or to compel the production of any documents that are requested and not produced. [Repealed, SOR/2011-291, s. 14] The Discipline Committee may adjourn a hearing at any time. No member of the Discipline Committee shall participate in a decision of the Committee following a hearing unless the member was present throughout the hearing and heard the evidence and argument of all parties. All decisions of the Discipline Committee require the vote of a majority of the members of the Committee present at the meeting at which the vote is held. For every hearing held by the Discipline Committee, a record shall be compiled consisting of the allegation and the notice referred to in subsection 44(1), any rulings or orders made in the course of the proceeding, a summary of the oral evidence presented at the hearing, any copies of documents and things that were placed in evidence and the decision and the reasons for it. Documents and things received in evidence shall be released to the persons who produced them within a reasonable time after the matter has been finally determined. For the purpose of paragraph 31(1)(e) of the Act, if the Discipline Committee finds a member of the Association or permit holder guilty of professional misconduct or incompetence, the Committee may impose any of the following terms and conditions on the member’s licence or permit holder’s permit: monitoring of the surveying activities of the member or permit holder; restriction of activities of the member or permit holder to a specified office, number of survey crews or area of expertise; requirement to have or acquire employees with specified expertise; requirement to have a qualified person to manage the financial aspects of the member’s or permit holder’s business; and the completion of specified education or training. [Repealed, SOR/2011-291, s. 15] [Repeal] These Regulations come into force on March 18, 1999.