Canada Lands Surveyors Act — L-5.8 25
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.