GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Lands Surveyors Act — L-5.8 24
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.
Canada Lands Surveyors Act — L-5.8 26
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.
Canada Lands Surveyors Act — L-5.8 27
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.
Canada Lands Surveyors Act — L-5.8 28
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.
Canada Lands Surveyors Act — L-5.8 29
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.
Canada Lands Surveyors Act — L-5.8 30
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.
Canada Lands Surveyors Act — L-5.8 32
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.
Canada Lands Surveyors Act — L-5.8 33
Appointment 33 The Council shall appoint a Registrar for the purposes of this Act.
Canada Lands Surveyors Act — L-5.8 34
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.
Canada Lands Surveyors Act — L-5.8 35
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.
Canada Lands Surveyors Act — L-5.8 36
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.
Canada Lands Surveyors Act — L-5.8 37
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.
Canada Lands Surveyors Act — L-5.8 38
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.
Canada Lands Surveyors Act — L-5.8 39
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.
Canada Lands Surveyors Act — L-5.8 40
Resignation 40 A member of the Association may resign from the Association by filing a resignation in writing with the Registrar.
Canada Lands Surveyors Act — L-5.8 41
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.
Canada Lands Surveyors Act — L-5.8 42
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.
Canada Lands Surveyors Act — L-5.8 43
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.
Canada Lands Surveyors Act — L-5.8 44
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.
Canada Lands Surveyors Act — L-5.8 45
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.
Canada Lands Surveyors Act — L-5.8 46
Permit required 46 No licence holder shall provide cadastral surveying services as an employee of an entity unless the entity holds a permit.
Canada Lands Surveyors Act — L-5.8 47
Certification of documents and drawings 47 Members of the Association must certify their documents and drawings in accordance with the regulations.
Canada Lands Surveyors Act — L-5.8 48
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.
Canada Lands Surveyors Act — L-5.8 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.
Canada Lands Surveyors Act — L-5.8 50
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.
Canada Lands Surveyors Act — L-5.8 51
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.
Canada Lands Surveyors Act — L-5.8 52
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.
Canada Lands Surveyors Act — L-5.8 53
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.
Canada Lands Surveyors Act — L-5.8 54
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.
Canada Lands Surveyors Act — L-5.8 55
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.
Canada Lands Surveyors Act — L-5.8 56
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).
Canada Lands Surveyors Act — L-5.8 57
Permit required 57 No entity, other than a permit holder, may provide cadastral surveying services on Canada Lands or private lands in a territory.
Canada Lands Surveyors Act — L-5.8 58
Issuance of permit 58 The Registrar may issue a permit to an entity that applies for a permit in accordance with the regulations.
Canada Lands Surveyors Act — L-5.8 59
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.
Canada Lands Surveyors Act — L-5.8 60
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.
Canada Lands Surveyors Act — L-5.8 61
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.
Canada Lands Surveyors Act — L-5.8 62
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.
Canada Lands Surveyors Act — L-5.8 63
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.
Canada Lands Surveyors Act — L-5.8 64
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.
Canada Lands Surveyors Act — L-5.8 65
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.
Canada Lands Surveyors Act — L-5.8 66
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.
Canada Lands Surveyors Act — L-5.8 67
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.
Canada Lands Surveyors Act — L-5.8 68
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.
Canada Lands Surveyors Act — L-5.8 69
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.
Canada Lands Surveyors Act — L-5.8 70
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.
Canada Lands Surveyors Act — L-5.8 71
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.
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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.
Canada Lands Surveyors Act — L-5.8 73
Definitions 73 The definitions in this section apply in sections 74 to 89. 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. ( ancienne association ) former Board of Examiners means the Board of Examiners appointed under section 5 of the Canada Lands Surveys Act . ( Commission d’examinateurs ) new Association means the Association of Canada Lands Surveyors continued under section 4. ( nouvelle association ) new Board of Examiners means the Board of Examiners established under paragraph 19(1)(b). ( Version anglaise seulement )
Canada Lands Surveyors Act — L-5.8
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. ( ancienne association )
Canada Lands Surveyors Act — L-5.8
former Board of Examiners means the Board of Examiners appointed under section 5 of the Canada Lands Surveys Act . ( Commission d’examinateurs )
Canada Lands Surveyors Act — L-5.8
new Association means the Association of Canada Lands Surveyors continued under section 4. ( nouvelle association )
Canada Lands Surveyors Act — L-5.8
new Board of Examiners means the Board of Examiners established under paragraph 19(1)(b). ( Version anglaise seulement )
Canada Lands Surveyors Act — L-5.8 74
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.
Canada Lands Surveyors Act — L-5.8 75
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.