Law:Canada Lands Surveyors Act

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S.c. 1998, c. 14

Assented to 1998-06-11

An Act respecting Canada Lands Surveyors

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Canada Lands Surveyors Act.


Interpretation

Definitions

2. The definitions in this section apply in this Act.

“Association”

« Association »

“Association” means the Association of Canada Lands Surveyors continued by section 4.

“boundary”

« ligne de démarcation »

“boundary” means a natural or artificial line on the surface of the earth, below the surface of the earth, in airspace or in or on any structure, the purpose of which is to indicate the extent of a legal interest in land, land under water, water, airspace or natural resources, or in a structure.

“by-law”

« règlement administratif »

“by-law” means a by-law of the Association made under section 18.

“cadastral surveying”

« arpentage cadastral »

“cadastral surveying” means surveying in relation to

(a) the identification, establishment, documentation or description of a boundary or the position of anything relative to a boundary; or

(b) the generation, manipulation, adjustment, custody, storage, retrieval or display of spatial information that defines a boundary.

“Canada Lands”

« terres du Canada »

“Canada Lands” means Canada Lands within the meaning of subsection 24(1) of the Canada Lands Surveys Act.

“Canada Lands Surveyor”

« arpenteur des terres du Canada »

“Canada Lands Surveyor” means a person who holds a commission.

“commission”

« brevet »

“commission” means a commission granted under section 49 or deemed to have been granted under that section by section 48.

“Council”

« conseil »

“Council” means the Council of the Association referred to in section 13.

“entity”

« entité »

“entity” means a corporation, partnership or unincorporated organization or association, but does not iclude a department or agency of the government of Canada or of a province.

“licence”

« permis »

“licence” means a licence issued under section 53.

“Minister”

« ministre »

“Minister” means the Minister of Natural Resources.

“permit”

« licence »

“permit” means a permit issued under section 58.

“surveying”

« arpentage »

“surveying” means the determination of the form of the earth or the position of natural or artificial things, boundaries or points on, above or under the surface of the earth or the collection, storage, management, integration, analysis or representation of spatial and spatially related information pertaining to the earth or the interpreting of or reporting or advising on that information.

“Surveyor General”

« arpenteur général »

“Surveyor General” means the Surveyor General within the meaning of subsection 2(1) of the Canada Lands Surveys Act.


Her Majesty

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.


Association Of Canada Lands Surveyors

Association is continued

4. The Association of Canada Lands Surveyors, a corporation incorporated under Part II of the Canada Corporations Act, being chapter C-32 of the Revised Statutes of Canada, 1970, is hereby continued under this Act.

Status and composition of Association

5. The Association is a body corporate consisting of a governing body and members.

Objects

6. The objects of the Association are

(a) to establish and maintain standards of qualifications for Canada Lands Surveyors;

(b) to regulate Canada Lands Surveyors;

(c) to establish and maintain standards of conduct, knowledge and skill among members of the Association and permit holders;

(d) to govern the activities of members of the Association and permit holders;

(e) to cooperate with other organizations for the advancement of surveying; and

(f) to perform the duties and exercise the powers that are imposed or conferred on the Association by this Act.

Minister may act in place of Association

7. The Minister may take such measures as the Minister considers appropriate to fulfil any object of the Association if the Minister is of the opinion that the Association is not fulfilling it.

Capacity of Association

8. In carrying out its objects, the Association has the capacity of a natural person.

Association not agent of Her Majesty

9. The Association is not an agent of Her Majesty in right of Canada.

Head office

10. The head office of the Association shall be located in Canada at the place stated in the by-laws.

Annual meeting

11. (1) The Association shall hold an annual general meeting, within six months after the end of its fiscal year, at a time and place within Canada as may be designated by the Council.

Other meetings

(2) The Association may hold other general or special meetings as it considers necessary.


President And Vice-president Of The Association

President and Vice-President

12. (1) The President and Vice-President of the Association shall be appointed or elected in accordance with the by-laws.

Absence or incapacity

(2) In the event of the absence or incapacity of the President of the Association, or if that office is vacant, the Vice-President of the Association has all the powers of and may exercise and perform all of the duties of the President of the Association.


Council

Composition and role

13. The Council is the governing body of the Association and consists of

(a) the President and Vice-President of the Association;

(b) the most recent past President of the Association as defined in the by-laws;

(c) members of the Association, in a number set out in the by-laws, which number may not be less than three, who are elected in accordance with the by-laws;

(d) the Surveyor General; and

(e) two persons who are not members of the Association and who are appointed by the Minister.

Chairperson of the Council

14. (1) The President of the Association is the Chairperson of the Council.

Duties of Chairperson

(2) The Chairperson of the Council shall preside at meetings of the Council and perform the duties that the Council specifies.

Minister may review activities

15. The Minister may review the activities of the Council and may request that the Council undertake activities that, in the opinion of the Minister, are advisable to carry out the objects of the Association.

Filling of vacancies

16. (1) A vacancy on the Council caused by the death, resignation, removal or incapacity to act of a Council member referred to in paragraph 13(c) shall be filled by a member of the Association in the manner set out in the by-laws.

Term of office

(2) A person appointed or elected to fill a vacancy on the Council shall hold office for the unexpired portion of the term of the Council member being replaced.

Consultation

17. (1) The Minister shall not appoint anyone to the Council under paragraph 13(e), or revoke the appointment of a person appointed under that paragraph, without having first consulted the Council.

Term of office

(2) A Council member appointed under paragraph 13(e) shall be appointed for a term of not more than three years and may be reappointed for one or more terms of not more than three years each.

Fees and travelling and living expenses

(3) The Minister shall pay Council members appointed under paragraph 13(e), and the Surveyor General, such fees as may be fixed by the Minister and reasonable travelling and living expenses incurred by them in the performance of their duties while absent from their usual place of residence.


By-laws

By-laws

18. (1) The Council may make by-laws respecting any matter necessary to carry on the business and activities of the Association, including by-laws regarding any matter for which by-laws are required by this Act.

When by-law becomes effective

(2) A by-law is not effective until it is approved in accordance with the by-laws.


Council Committees

Establishment

Mandatory committees

19. (1) The Council shall establish the following committees:

(a) the Executive Committee;

(b) the Board of Examiners;

(c) the Complaints Committee; and

(d) the Discipline Committee.

Other committees

(2) The Council may from time to time as it considers necessary establish committees other than those referred to in subsection (1).


Executive Committee

Role

20. (1) The Executive Committee shall perform such powers of the Council as the Council may delegate to it, other than the power to make regulations or by-laws.

Urgent matters

(2) Subject to ratification by the Council at its next meeting, the Executive Committee may take any action on any matter that requires immediate action between meetings of the Council, other than making regulations or by-laws.


Board of Examiners

Role

21. (1) Subject to section 22, the Board of Examiners has control over all matters relating to the admission and qualifications of candidates for a commission and to their examination.

Admission of candidates

(2) The Board of Examiners may admit a person to be a candidate for a commission only if the person has complied with the requirements specified in the regulations.

Directions from Council

22. The Board of Examiners shall comply with any direction given to it by the Council with respect to the exercise of the Board of Examiners’ powers.

Recommendations for commissions

23. The Board of Examiners shall recommend to the Council that a commission be granted to every candidate for a commission who has complied with the requirements specified in the regulations.


Complaints Committee

Role

24. (1) The Complaints Committee shall consider all complaints in writing that are received by the Association regarding the conduct or actions of any member of the Association, Canada Lands Surveyor or permit holder.

Rights of Committee

(2) Where the Complaints Committee has reasonable grounds to believe that a member of the Association, Canada Lands Surveyor or permit holder against whom a complaint is made has committed an act of professional misconduct or is incompetent, the Complaints Committee, or a person appointed by it for the purpose, may inquire into and examine the surveying activities of the member, Canada Lands Surveyor or permit holder and may enter, at any reasonable time, the business premises of the member, Canada Lands Surveyor or permit holder, other than a dwelling-house, and examine documents and things relative to the subject-matter of the complaint.

Operation of data processing systems and copying equipment

(3) In carrying out an investigation under this section, the Complaints Committee, or a person appointed by it for the purpose, may

(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

Requirement to assist

(4) Every member of the Association, Canada Lands Surveyor or permit holder in respect of whom a complaint has been received by the Association shall give all reasonable assistance to the Complaints Committee, or to the person appointed by it to conduct the investigation, as the case may be.

Decision on complaint

25. (1) After having considered a complaint, the Complaints Committee shall

(a) recommend to the Council that the complaint be dismissed if it is satisfied that the evidence disclosed by the investigation does not support a finding of professional misconduct or incompetence; or

(b) recommend to the Council that the complaint be heard by the Discipline Committee if it is satisfied that there is sufficient evidence disclosed by the investigation that could support a finding of professional misconduct or incompetence.

Opportunity to be heard

(2) The Complaints Committee shall not make a recommendation under paragraph (1)(b) unless the Association has notified, in writing, the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint of the receipt of the complaint and the member, Canada Lands Surveyor or permit holder has been provided with at least 30 days in which to submit in writing any explanations or representations that the member, Canada Lands Surveyor or permit holder may wish to make concerning the complaint.

Where complaint dismissed by Council

(3) Where the Council decides not to deal with a complaint by either accepting a recommendation to dismiss the complaint or by rejecting a recommendation to have the complaint heard by the Discipline Committee, the Association shall so notify the complainant and the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint.

Opportunity to be heard

(4) The Council shall not reject a recommendation to dismiss a complaint unless the Association has notified, in writing, the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint of the receipt of the complaint and the member, Canada Lands Surveyor or permit holder has been provided with at least 30 days in which to submit in writing any explanations or representations that the member, Canada Lands Surveyor or permit holder may wish to make concerning the complaint.

Where recommendation under paragraph (1)(b) accepted

(5) Where the Council accepts a recommendation to have a complaint heard by the Discipline Committee, the Association shall so notify the complainant and the member of the Association, Canada Lands Surveyor or permit holder who is the subject of the complaint. The notice to the complainant shall also advise the complainant that the complainant may

(a) make a request to the Association that a charge under oath be made in the name of the Association and that, if the Association agrees to the request, the Association shall have the responsibility for the payment of expenses and costs of proceeding with the charge; or

(b) personally swear a charge under oath and that, if the complainant does so, the complainant shall have the responsibility for the payment of expenses and costs of proceeding with the charge.

Association may proceed on its own

(6) If a complainant fails to make a request under paragraph (5)(a) or to swear a charge under paragraph (5)(b) within 30 days after being notified of the right to do so, the Association may, on its own initiative, appoint a person to swear a charge under oath on its behalf and in its name, in which case the Association shall have the responsibility for the payment of expenses and costs of proceeding with the charge.

Hearings not required

26. The Complaints Committee is not required to hold a hearing or to afford to any person an opportunity to make oral submissions before making a recommendation in respect of a complaint.

Continuing jurisdiction

27. The Complaints Committee has jurisdiction to deal with a complaint 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 complaint ceases to be a member of the Association or permit holder, as the case may be, after receipt of the complaint by the Association.


Discipline Committee

Role

28. The Discipline Committee shall

(a) subject to section 29, hear and determine allegations of professional misconduct or incompetence in complaints submitted to it by the Council;

(b) hear and determine matters referred to it by the Registrar with respect to

(i) the reinstatement of a member in the Association, or

(ii) the issuance of a new licence or permit to any person or entity whose licence or permit has been revoked; or

(c) perform the duties assigned to it by the Council.

Charge necessary

29. 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.

Continuing jurisdiction

30. 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.

Powers

31. (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.

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.

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.

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.

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.

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.

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.

Appeal

32. 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

Appointment

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

Register of surveyors

34. (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.

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.

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.

Right to inspect registers

35. (1) Every one has the right to inspect the registers during normal business hours.

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.

Proof

36. 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

Immunity

37. 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

Granting membership

38. 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.

Cancellation for non-payment of fees

39. 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.

Resignation

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

Application for reinstatement

41. (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.

Reference to Discipline Committee

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


Duties And Powers Of Members

Standards of conduct

42. 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.

Right to enter

43. 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.

Witnesses and evidence

44. (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.

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).

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.

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.

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.

Evidence to be put into writing

45. All evidence produced at a hearing before a licence holder under section 44 shall be

(a) put into writing; and

(b) read to the witness by whom it is given and affirmed by the witness and the licence holder.

Permit required

46. No licence holder shall provide cadastral surveying services as an employee of an entity unless the entity holds a permit.

Certification of documents and drawings

47. Members of the Association must certify their documents and drawings in accordance with the regulations.


Commissions

Commission under the Canada Lands Surveys Act

48. Every person who, on the coming into force of this section, holds a commission granted under the Canada Lands Surveys Act is deemed to be a Canada Lands Surveyor who holds a commission granted under section 49.

Who may be granted commission

49. (1) The Association may grant a commission to any person who has been recommended by the Board of Examiners under section 23.

Cancelling for fraud

(2) The Association shall cancel a commission if it finds that the holder has obtained it fraudulently.

When commission cannot be granted

(3) A person whose commission has been cancelled pursuant to subsection (2) may not be granted a new commission.


Licences

Cadastral surveying

50. No person, other than a licence holder or a person acting under the direction of a licence holder, may engage in cadastral surveying on Canada Lands or on private lands in a territory.

Other surveying

51. No member of the Association, other than a member who is a licence holder or who is acting under the direction of a licence holder, may engage in surveying on Canada Lands or private lands in a territory.

Conditions for licence

52. An applicant for a licence must

(a) hold a commission;

(b) be a member of the Association;

(c) have experience and practical training in surveying totalling at least two years during the previous five years; and

(d) comply with the licensing requirements prescribed by the regulations and by-laws.

Issuance of licence

53. The Registrar may issue a licence to any person who applies for a licence and complies with the requirements of this Act.

Revocation of licence

54. The Registrar may revoke a licence for non-payment of any fee or levy prescribed by the by-laws after giving the licence holder at least two months written notice of the default and intention to revoke.

Application for new licence

55. (1) A person whose licence has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the regulations, for a new licence.

Reference to Discipline Committee

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


Liability Insurance

Liability insurance required

56. (1) Subject to subsection (2) and the regulations, every member of the Association who engages in surveying must be insured against professional liability.

Exception

(2) Subsection (1) does not apply in respect of a member of the Association who is employed by Her Majesty in right of Canada or a province or by an agent of Her Majesty in either of those rights.

Arrangements for insurance

(3) The Association may enter into arrangements respecting insurance against professional liability for its members.

Levies

(4) The Association may prescribe levies to be paid by members of the Association in respect of arrangements entered into under subsection (3).


Permits

Permit required

57. No entity, other than a permit holder, may provide cadastral surveying services on Canada Lands or private lands in a territory.

Issuance of permit

58. The Registrar may issue a permit to an entity that applies for a permit in accordance with the regulations.

Revocation for non-payment of fees

59. The Registrar may revoke a permit for non-payment of any fee or levy prescribed by the by-laws after giving the permit holder at least two months written notice of the default and intention to revoke.

Revocation for lack of licence

60. The Registrar may revoke a permit if the permit holder no longer has a partner, associate or employee who holds a licence and who is capable of personally supervising and directing cadastral surveys.

Application for new permit

61. (1) An entity whose permit has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the regulations, for a new permit.

Reference to Discipline Committee

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


Regulations

Council may make regulations

62. Subject to the approval of the Minister, the Council may make regulations respecting

(a) a code of ethics for professional conduct;

(b) the composition of committees established under this Act and the rules, practices and procedures of those committees;

(c) the duties and powers of the Registrar;

(d) the maintenance of records by the Association in respect of members of the Association, Canada Land Surveyors and permit holders, and the inspection of those records;

(e) applications for membership in the Association and the renewal and reinstatement of memberships in the Association;

(f) applications for admission as a candidate for a commission, the requirements of candidates, the cancellation of a candidacy, appeals of decisions, the granting of commissions, and the use of the titles “Canada Lands Surveyor” and “arpenteur des terres du Canada”;

(g) the examination of candidates for a commission;

(h) applications for licences and permits and their issuance and renewal, and the reinstatement of licences and permits;

(i) the terms and conditions under which members of the Association and their employers must have insurance against professional liability;

(j) the exemption of members of the Association, and their employers, from the requirement to be insured in respect of professional liability;

(k) the requirement for members of the Association to inform the Registrar of claims against them for professional liability;

(l) conflict of interest respecting surveying activities and the definition of conduct that constitutes a conflict of interest;

(m) the issuing and ownership of seals, the certification of documents and drawings by members of the Association, and the form of statements of responsibility, seals and signatures;

(n) the procedures to be followed by the Association in reviewing the surveying activities of members of the Association to ensure the maintenance of minimum standards of surveying;

(o) the investigation of complaints, the procedures of the Complaints Committee and the Discipline Committee and the hearing of allegations of professional misconduct or incompetence;

(p) the definition of professional misconduct and incompetence for the purposes of this Act; and

(q) any matter necessary for the purposes of carrying out this Act.


Offences

Unlawful use of words or conduct

63. Every person, other than a Canada Lands Surveyor, who

(a) uses the title “Canada Lands Surveyor” or “arpenteur des terres du Canada”, or any addition to or abbreviation of that title, or any words, name or designation that leads to the belief that the person is a Canada Lands Surveyor, or

(b) advertises or purports, in any way or by any means, to be a Canada Lands Surveyor,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Engaging in cadastral surveying without a licence

64. Every person, other than a licence holder or a person acting under the direction of a licence holder, who engages or purports to be engaged in cadastral surveying on Canada Lands or on private lands in a territory is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

False statements

65. Every person who

(a) makes or causes to be made any wilful falsification in any matter relating to a register maintained by the Registrar under this Act, or issues a false licence, a false permit or a false document with respect to a register, or

(b) attempts to obtain a licence or a permit by knowingly making any representation or declaration that is false in a material respect,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Obstruction

66. Every person who

(a) obstructs a person conducting an investigation under subsection 24(2), or

(b) hinders or obstructs a Canada Lands Surveyor engaged in cadastral surveying, or a person assisting a Canada Lands Surveyor engaged in cadastral surveying,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.

Time for instituting proceedings

67. Proceedings to obtain a conviction for an offence under sections 63 to 66 shall not be commenced on a date more than five years after the date on which the offence was committed.

Injunctions

68. Where any provision of this Act is contravened, the Association may, notwithstanding any other remedy or any penalty imposed, apply to a court for an order prohibiting the continuation or repetition of the contravention or the carrying out of any activity that will result, or will likely result, in the continuation or repetition of the contravention by the person who has committed the contravention.

Civil remedy not affected

69. No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.


Report

Annual report

70. (1) The Council shall make a report annually to the Minister containing any information that the Minister may require.

Report to be tabled

(2) The Minister shall cause a copy of every report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is received by the Minister.


General

Service of notices, etc.

71. (1) Subject to subsection 44(3), a notice or document required by this Act to be served or delivered may be served personally or delivered by prepaid first class mail addressed to the person to whom the notice or document is to be given at the person’s last known address.

When service made

(2) Where a notice or document is delivered by prepaid first class mail, the delivery is deemed to have been made on the tenth day after the day of mailing unless the person to whom the notice or document is given establishes that the person, acting in good faith, through absence, illness or other cause beyond the person’s control, did not receive the notice or document, or did not receive the notice or document until a later date.

Who may take oaths

72. Any oath or affidavit mentioned in this Act may be taken before any judicial officer, notary public, commissioner for taking affidavits or Canada Lands Surveyor.


Transitional Provisions

Definitions

73. The definitions in this section apply in sections 74 to 89.

“former Association”

« ancienne association »

“former Association” means the Association of Canada Lands Surveyors, a corporation incorporated by letters patent issued under Part II of the Canada Corporations Act, being chapter 32 of the Revised Statutes of Canada, 1970.

“former Board of Examiners”

« Commission d’examinateurs »

“former Board of Examiners” means the Board of Examiners appointed under section 5 of the Canada Lands Surveys Act.

“new Association”

« nouvelle association »

“new Association” means the Association of Canada Lands Surveyors continued under section 4.

“new Board of Examiners”

Version anglaise seulement“new Board of Examiners” means the Board of Examiners established under paragraph 19(1)(b).

Act ceases to apply

74. Part II of the Canada Corporations Act, being chapter C-32 of the Revised Statutes of Canada, 1970, ceases to apply to the former Association on the coming into force of section 4.

Powers, duties and functions

75. Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the former Association, the power, duty or function is vested in or exercisable by the new Association.

References

76. Every reference to the former Association in any deed, contract, agreement or other document executed by the former Association shall, unless the context otherwise requires, be read as a reference to the new Association.

Rights and obligations

77. All rights and property of the former Association and all obligations of the former Association are transferred to the new Association.

Commencement of legal proceedings

78. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Association may be brought against the new Association in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Association.

Continuation of legal proceedings

79. Any action, suit or other legal proceeding to which the former Association is party pending in any court immediately before the day on which this section comes into force may be continued by or against the new Association in like manner and to the same extent as it could have been continued by or against the former Association.

By-laws

80. Every by-law of the former Association is, to the extent that it is not inconsistent with this Act, a by-law of the new Association.

Officers and employees

81. Nothing in this Act affects the status of any person who, immediately before the day on which this section comes into force, was an officer or employee of the former Association except that, as of that day, the person is an officer or employee, as the case may be, of the new Association.

Members

82. Every member of the former Association immediately before this section comes into force is a member of the new Association on that coming into force.

President and Vice-President

83. The President and Vice-President of the former Association before the coming into force of this section are, on that coming into force, the President and Vice-President of the new Association and shall hold office as such until the election or appointment of the first President and Vice-President of the new Association.

Most recent past President

84. (1) For the purpose of paragraph 13(b), the most recent past President of the former Association as of the day on which this subsection comes into force is deemed to be the most recent past President of the new Association.

Elected members of the new Association

(2) For the purpose of paragraph 13(c), the first members of the Council under that paragraph shall be three members of the new Association elected at a meeting of the members of the new Association called for the purpose as soon as practicable after the coming into force of this subsection.

Continuation of proceedings

85. Proceedings relating to any matter before the former Association on the coming into force of this section, including any matter that is in the course of being heard or investigated by the former Association, shall be continued by the new Association.

Applicants for commissions

86. Every person whose application for a commission had been accepted by the former Board of Examiners before the day on which this section comes into force and who had paid the prescribed fee required by the regulations before that day shall be examined by the new Board of Examiners under the Canada Lands Surveys Act as though that Act had not been amended by this Act.

Records and documents

87. As soon as possible after the coming into force of this section, the Surveyor General shall provide the new Association with a copy of all records and documents in the Surveyor General’s possession 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.

Suspension or cancellation of commissions

88. The Discipline Committee shall hear and determine, in accordance with section 16 of the Canada Lands Surveys Act, as that section read immediately before the coming into force of this section, all matters relating to the cancellation or suspension of commissions held by persons to whom a notice referred to in paragraph 16(2)(a) of that Act had been sent by the former Board of Examiners before that day.

Decisions remain in force

89. Every decision of the former Board of Examiners, including those relating to the cancellation or suspension of commissions, that is in force immediately before the day on which this section comes into force remains in force and is deemed to be a decision of the new Association.

Complaints

90. Where, after the day on which this section comes into force, a complaint is made regarding the conduct or actions of a Canada Lands Surveyor before that day, the Discipline Committee may suspend or cancel the Canada Lands Surveyor’s commission only if it determines that the Canada Lands Surveyor is guilty of anything mentioned in subsection 16(1) of the Canada Lands Surveys Act, as that subsection read immediately before that day.


Consequential Amendments

91. to 103. (Amendments)


Coming Into Force

Coming into force


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