Canada Lands Surveyors Act ( S.C. 1998, c. 14)

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

Short Title

Marginal note: Short title

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

Interpretation

Marginal note: Definitions

2 The definitions in this section apply in this Act.

means the Association of Canada Lands Surveyors continued by section 4. ( Association )

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. ( ligne de démarcation )

means a by-law of the Association made under section 18. ( règlement administratif )

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. ( arpentage cadastral )

means Canada Lands within the meaning of subsection 24(1) of the Canada Lands Surveys Act . ( terres du Canada )

means a person who holds a commission. ( arpenteur des terres du Canada )

means a commission granted under section 49 or deemed to have been granted under that section by section 48. ( brevet )

means the Council of the Association referred to in section 13. ( conseil )

means a corporation, partnership or unincorporated organization or association, but does not include a department or agency of the government of Canada or of a province. ( entité )

means a licence issued under section 53. ( permis )

means the Minister of Natural Resources. ( ministre )

means a permit issued under section 58. ( licence )

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. ( arpentage )

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

Her Majesty

Marginal note: Binding on Her Majesty

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

Association of Canada Lands Surveyors

Marginal note: 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.

Marginal note: Status and composition of Association

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

Marginal note: 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.

Marginal note: 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.

Marginal note: Capacity of Association

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

Marginal note: Association not agent of Her Majesty

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

Marginal note: Head office

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

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

President and Vice-president of the Association

Marginal note: 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.
Marginal note: 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

Marginal note: 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.

Marginal note: Chairperson of the Council

14 (1) The President of the Association is the Chairperson of the Council.
Marginal note: Duties of Chairperson (2) The Chairperson of the Council shall preside at meetings of the Council and perform the duties that the Council specifies.

Marginal note: 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.

Marginal note: 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.
Marginal note: 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.

Marginal note: 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.
Marginal note: 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.
Marginal note: 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

Marginal note: 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.
Marginal note: 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

Marginal note: 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.
Executive Committee

Marginal note: 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.
- Marginal note: 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

Marginal note: 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.
- Marginal note: 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.
Marginal note: 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.

Marginal note: 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

Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
  Marginal note: 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.
    - (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.