jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Association of Ontario Land Surveyors is continued as a corporation without share capital under the name Association of Ontario Land Surveyors in English and Ordre des arpenteurs-géomètres de l’Ontario in French.  R.S.O. 1990, c. S.29, s. 2 (1). Principal object (2) The principal object of the Association is to regulate the practice of professional surveying and to govern its members and holders of certificates of authorization in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.  R.S.O. 1990, c. S.29, s. 2 (2); 2009, c. 33, Sched. 22, s. 11 (5). Additional objects (3) For the purpose of carrying out its principal object, the Association has the following additional objects: 1.  To establish, maintain and develop standards of knowledge and skill among its members. 2.  To establish, maintain and develop standards of qualification and practice for the practice of professional surveying. 3.  To establish, maintain and develop standards of professional ethics among its members. 4.  To promote public awareness of the role of the Association. 5.  To perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act.  R.S.O. 1990, c. S.29, s. 2 (3); 2009, c. 33, Sched. 22, s. 11 (5). Privacy requirements (4) The Association may collect, use and disclose personal information for the purpose of carrying out its objects.  2009, c. 33, Sched. 22, s. 11 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (5, 6) - 15/12/2009
4 The Association shall hold an annual meeting of the members of the Association not more than fifteen months after the holding of the last preceding annual meeting.  R.S.O. 1990, c. S.29, s. 4.
5 (1) Every person licensed by the Association is a member of the Association, subject to any term, condition or limitation to which the licence is subject. Idem (2) Every person who is the holder of a certificate of registration is a member of the Association subject to any term, condition or limitation to which the certificate of registration is subject. Resignation of membership (3) A member may resign his or her membership by filing with the Registrar a resignation in writing, and the member’s licence or certificate of registration is thereupon cancelled, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member.  R.S.O. 1990, c. S.29, s. 5.
6 In addition to his or her other powers and duties under this Act, the Minister may, (a)  review the activities of the Council; (b)  request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act; (c)  advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures.  R.S.O. 1990, c. S.29, s. 6.
9 (1) The Council shall establish and appoint as provided in this Act the following committees: (a)  Executive Committee; (b)  Academic and Experience Requirements Committee; (c)  Registration Committee; (d)  Complaints Committee; (e)  Discipline Committee; (f)  Fees Mediation Committee, and may establish such other committees as the Council from time to time considers necessary. Vacancies (2) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than a quorum of the committee.  R.S.O. 1990, c. S.29, s. 9.
10 (1) The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council, other than to make, amend or revoke a regulation or a by-law. Urgent matters (2) Subject to ratification by the Council at its next meeting, the Executive Committee may take action upon any other matter that requires immediate attention between meetings of the Council, other than to make, amend or revoke a regulation or a by-law.  R.S.O. 1990, c. S.29, s. 10.
11 (1) No individual shall engage in the practice of cadastral surveying or hold himself or herself out as engaging in such a practice unless he or she holds a licence under this Act.  2009, c. 33, Sched. 22, s. 11 (14). Exception (2) Despite subsection (1), an individual who does not hold a licence under this Act may perform an act that is within the practice of cadastral surveying if he or she does so at the direction of and under the supervision of a licensed member.  2009, c. 33, Sched. 22, s. 11 (14). Professional responsibility (3) A licensed member who supervises and directs the performance of acts that are within the practice of cadastral surveying by individuals referred to in subsection (2) is subject to the same standards of professional conduct and competence in respect of the acts and the related practice of cadastral surveying as if the acts were performed directly by the licensed member.  2009, c. 33, Sched. 22, s. 11 (14). Operating a business (4) No individual, corporation or partnership shall operate a business that offers or provides services that are within the practice of cadastral surveying to the public unless the individual, corporation or partnership holds a certificate of authorization to do so issued under this Act.  2009, c. 33, Sched. 22, s. 11 (14). Proof of practising cadastral surveying (5) For the purposes of establishing a contravention of subsection (1) or (4), proof of the performance of one act in the practice of cadastral surveying on one occasion is sufficient to establish that a person has engaged in the practice of cadastral surveying.  2009, c. 33, Sched. 22, s. 11 (14). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (14) - 15/12/2009
12 (1) The Registrar shall issue a licence to an individual who applies therefor in accordance with the regulations and, (a)  is a citizen of Canada or has the status of a permanent resident of Canada; (b)  is not less than eighteen years of age; (c)  has complied with the academic requirements specified in the regulations for the issuance of the licence and has passed such examinations as the Council has set or approved in accordance with the regulations or is exempted therefrom by the Council; (d)  has complied with the experience requirements specified in the regulations for the issuance of the licence; and (e)  is of good character. R.S.O. 1990, c. S.29, s. 12 (1); 2009, c. 33, Sched. 22, s. 11 (15); 2020, c. 34, Sched. 26, s. 4. Grounds for refusal to issue licence (2) The Registrar may refuse to issue a licence to an applicant where the Registrar is of the opinion, upon reasonable and probable grounds, that the past conduct of the applicant affords grounds for belief that the applicant will not engage in the practice of cadastral surveying in accordance with the law and with honesty and integrity. R.S.O. 1990, c. S.29, s. 12 (2). Referral to Committee on Academic and Experience Requirements (3) The Registrar, on his or her own initiative, may refer and on the request of an applicant shall refer the application of the applicant for the issuance of a licence to the Academic and Experience Requirements Committee for a determination as to whether or not the applicant has met the academic requirements or the experience requirements or both prescribed by the regulations for the issuance of the licence. R.S.O. 1990, c. S.29, s. 12 (3). Direction by Committee (4) The Committee may direct the Registrar to issue a licence subject to such conditions in respect of completion by the applicant of such academic requirements or experience requirements as are specified by the Committee. R.S.O. 1990, c. S.29, s. 12 (4). Determination by Committee (5) A determination or direction by the Committee under subsection (3) or (4) is final and is binding on the Registrar and on the applicant. R.S.O. 1990, c. S.29, s. 12 (5). Hearing (6) The Committee shall receive written submissions from an applicant but is not required to hold or to afford to any person a hearing or an opportunity to make oral submissions before making a determination under subsection (3). R.S.O. 1990, c. S.29, s. 12 (6). Notice of determination or direction (7) The Registrar shall give notice to the applicant of a determination or direction by the Committee under subsection (3) or (4) and, if the applicant is rejected, the notice shall detail the specific requirements that the applicant must meet. R.S.O. 1990, c. S.29, s. 12 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (15) - 15/12/2009 2020, c. 34, Sched. 26, s. 4 - 06/02/2021
13 (1) Although not required in order to engage in the practice of professional surveying in a branch other than cadastral surveying, an individual may apply to the Registrar for a certificate of registration in a branch of professional surveying other than cadastral surveying.  2009, c. 33, Sched. 22, s. 11 (16). Prohibition (2) No person shall hold himself or herself out as a registered member of the Association unless the person holds a certificate of registration issued under this Act.  2009, c. 33, Sched. 22, s. 11 (16). Certificate of registration (3) The Registrar shall issue a certificate of registration in a branch of professional surveying other than cadastral surveying to an applicant who meets the requirements and qualifications prescribed by the regulations in relation to the branch.  2009, c. 33, Sched. 22, s. 11 (16). Application for certificate of authorization (4) Although not required in order to operate a business that provides services that are part of a branch of professional surveying other than cadastral surveying to the public, any of the following persons or entities may apply for a certificate of authorization with respect to such a business: 1.  An individual who is a registered member and who, on his or her own behalf, practises professional surveying in a branch other than cadastral surveying. 2.  A corporation that, under the direction of a registered member, provides services to the public that are part of a branch of professional surveying other than cadastral surveying. 3.  A partnership of persons or of corporations that, under the direction of a registered member, provides services to the public that are part of a branch of professional surveying other than cadastral surveying.  2009, c. 33, Sched. 22, s. 11 (16). Branches of professional surveying (5) The branches of professional surveying to which this section applies include photogrammetry, geodesy, hydrography, geographic information management and all other branches that are prescribed by the regulations.  2009, c. 33, Sched. 22, s. 11 (16). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (16) - 15/12/2009
18 (1) The Registrar shall maintain registers in which is entered every person who is a member of the Association and every holder of a certificate of authorization. Notation as to terms, conditions, limitations (2) The Registrar shall note in the registers the terms, conditions and limitations attached to each licence, certificate of authorization and certificate of registration. Notation as to revocation, suspension, etc. (3) The Registrar shall note in the registers every revocation, suspension and cancellation or termination of a licence, certificate of authorization or certificate of registration. Notation as to other information (4) The Registrar shall note in the registers such other information as the Registration Committee or the Discipline Committee directs.  R.S.O. 1990, c. S.29, s. 18.
19 (1) Any person has the right to inspect during normal business hours the registers maintained by the Registrar. Copies (2) The Registrar shall provide to any person, upon payment of a reasonable charge therefor, a copy of any part of the registers maintained by the Registrar.  R.S.O. 1990, c. S.29, s. 19.
20 (1) The Registrar may cancel a licence, a certificate of authorization or a certificate of registration for non-payment of any fee prescribed by the by-laws after giving the member or the holder of the certificate of authorization at least two months notice of the default and intention to cancel, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member or holder. Reinstatement (2) A person who was a member or a holder of a certificate of authorization whose licence, certificate of authorization or certificate of registration was cancelled by the Registrar under subsection (1) is entitled to have the licence, certificate of authorization or certificate of registration reinstated upon compliance with the requirements and qualifications prescribed by the regulations.  R.S.O. 1990, c. S.29, s. 20.
21 (1) The Complaints Committee shall be composed of at least five members, including, (a)  at least one member of the Association who was elected to the Council under clause 3 (2) (a); (b)  at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and (c)  the other members of the Association that are appointed by the Council.  2009, c. 33, Sched. 22, s. 11 (17). Qualifications (1.1) A person appointed to the Complaints Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee.  2009, c. 33, Sched. 22, s. 11 (17). Idem (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee.  R.S.O. 1990, c. S.29, s. 21 (2). Exception (2.1) Despite subsection (2), if a member of the Complaints Committee who is a member of the Council appointed by the Lieutenant Governor in Council under clause (1) (b) is unable to act as a member of the Committee for a part of, or the remainder of, his or her appointment, the Council may appoint to the Committee a member of the Discipline Committee who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f), but the member of the Discipline Committee is appointed only until the time that the member who is unable to act is able to resume his or her duties or is replaced.  2009, c. 33, Sched. 22, s. 11 (18). Same (2.2) A member of the Discipline Committee who is appointed to act in the place of a member of the Complaints Committee under subsection (2.1) shall not serve on a disciplinary panel that holds a hearing with respect to any matter that the member was involved with as a member of the Complaints Committee.  2009, c. 33, Sched. 22, s. 11 (18). Chair (3) The Council shall name one member of the Complaints Committee to be chair.  R.S.O. 1990, c. S.29, s. 21 (3). Quorum (4) For the purpose of transacting business, a quorum of the Complaints Committee consists of five members of the Committee, where, (a)  at least one member is a member of the Association elected to the Council under clause 3 (2) (a); and (b)  at least one member is a person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f).  2009, c. 33, Sched. 22, s. 11 (19). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (17-19) - 15/12/2009
22 (1) A member of the public or a member of the Association may file a complaint in writing with the Registrar attributing conduct or actions to a member of the Association that may be found to constitute professional misconduct or incompetence.  2009, c. 33, Sched. 22, s. 11 (20). Notice to member (2) When a complaint is filed under subsection (1), the Registrar shall give written notice of the complaint to the member of the Association who is the subject of the complaint and advise the member that he or she may submit a written response to the complaint to the Registrar within two weeks of receiving the notice.  2009, c. 33, Sched. 22, s. 11 (20). Written response (3) A member who receives a notice under subsection (2) may submit a written response to the complaint to the Registrar within two weeks of receiving the notice.  2009, c. 33, Sched. 22, s. 11 (20). Refusal to consider (4) The Complaints Committee may refuse to consider or investigate a complaint filed under subsection (1) if, in the opinion of the Committee, the complaint is frivolous, vexatious or an abuse of process.  2009, c. 33, Sched. 22, s. 11 (20). Notice (4.1) If the Complaints Committee refuses to consider or investigate a complaint under subsection (4), the Committee shall give written notice of its decision and of the reasons for it to the complainant, the member who is the subject of the complaint and the Council.  2009, c. 33, Sched. 22, s. 11 (20). Duty of Committee (4.2) Subject to subsection (4), the Complaints Committee shall consider and investigate all complaints filed under subsection (1).  2009, c. 33, Sched. 22, s. 11 (20). Power of Committee (4.3) Upon consideration of the complaint, of any response received under subsection (3) and of any other information, record or document relating to the complaint that has come to the attention of the Complaints Committee in the course of its investigation, the Committee may, (a)  direct that the matter be referred, in whole or in part, to the Council with a recommendation that Council refer the matter to the Discipline Committee; or (b)  take the action that it considers appropriate in the circumstances and that is not inconsistent with this Act or the regulations or by-laws.  2009, c. 33, Sched. 22, s. 11 (20). Decision and reasons (4.4) The Complaints Committee shall give its decision in writing to the Registrar for the purposes of subsection (4.5) and, if the decision is to not refer the matter under clause (4.3) (a), its reasons for the decision.  2009, c. 33, Sched. 22, s. 11 (20). Notice (4.5) The Registrar shall send to the complainant and to the person who is the subject of the complaint by mail a copy of the written decision made by the Complaints Committee and its reasons for it, if any.  2009, c. 33, Sched. 22, s. 11 (20). Hearing (5) The Committee is not required to hold a hearing or to afford to any person an opportunity for a hearing or an opportunity to make oral submissions before making a decision or giving a direction under this section.  R.S.O. 1990, c. S.29, s. 22 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (20) - 15/12/2009
25 (1) The Discipline Committee shall be composed of at least six members, including, (a)  at least one member of the Association who was elected to the Council under clause 3 (2) (a); (b)  at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and (c)  at least two members of the Association who do not sit on the Council and are appointed to the Committee by the Council.  2009, c. 33, Sched. 22, s. 11 (25). Qualifications (2) A person appointed to the Discipline Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee.  2009, c. 33, Sched. 22, s. 11 (25). Disqualification (3) No person who is a member of the Complaints Committee shall be a member of the Discipline Committee.  2009, c. 33, Sched. 22, s. 11 (25). Exception (4) Despite subsection (3), if a member of the Discipline Committee who is a member of the Council appointed by the Lieutenant Governor in Council under clause (1) (b) is unable to act as a member of the Committee for a part of, or the remainder of, his or her appointment, the Council may appoint to the Committee a member of the Complaints Committee who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f), but the member of the Complaints Committee is appointed only until the time that the member who is unable to act is able to resume his or her duties or is replaced.  2009, c. 33, Sched. 22, s. 11 (25). Quorum (5) For the purpose of transacting business other than the business of conducting a hearing under section 26, a quorum of the Discipline Committee consists of six members of the Committee, where at least one of the members was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f).  2009, c. 33, Sched. 22, s. 11 (25). Chair (6) The Council shall name one member of the Discipline Committee who is a member of and elected to the Council to be chair.  2009, c. 33, Sched. 22, s. 11 (25). Duties (7) The Discipline Committee shall, (a)  if directed by the Council to do so, hear and determine allegations of professional misconduct or incompetence against any member of the Association in accordance with section 26; (b)  if directed by the Council to do so, prepare for the Council’s approval rules governing the practice and procedures before a discipline panel appointed under section 26; and (c)  perform the other duties that are assigned to it by the Council.  2009, c. 33, Sched. 22, s. 11 (25). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (25) - 15/12/2009
25.1 (1) If a matter comes to the attention of the Council for referral to the Discipline Committee, whether from the Registrar or the Complaints Committee or otherwise, the Council may appoint a mediator to look into the matter and make a report to the Council as to whether the matter should be referred to the Discipline Committee.  2009, c. 33, Sched. 22, s. 11 (25). Role of mediator (2) The mediator shall make reasonable efforts to meet with the member against whom the allegations are made and any other interested party to facilitate a resolution of the matter and, if a resolution is not possible, to further define the issues to be brought before the Committee.  2009, c. 33, Sched. 22, s. 11 (25). Report (3) The mediator shall submit a written report to the Council within 90 days of his or her appointment and the report shall contain the mediator’s recommendation as to whether the matter should be referred to the Discipline Committee and as to any issues that the Committee should consider.  2009, c. 33, Sched. 22, s. 11 (25). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (25) - 15/12/2009
28 (1) A party to proceedings before the Registration Committee or the Discipline Committee may appeal to the Divisional Cou rt, in accordance with the rules of court, from the decision or order of the committee. Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from. Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and as the court considers proper, and for such purposes the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. S.29, s. 28.
29 (1) No person who is a member of the Complaints Committee or the Discipline Committee shall be a member of the Fees Mediation Committee. R.S.O. 1990, c. S.29, s. 29 (1). Duties of Fees Mediation Committee (2) The Fees Mediation Committee, (a)  shall, unless the Committee considers it inappropriate to do so, mediate any written complaint by a client of a member of the Association or of a holder of a certificate of authorization in respect of a fee charged for services in the practice of professional surveying provided to the client; and (b)  shall perform such other duties as are assigned to it by the Council. R.S.O. 1990, c. S.29, s. 29 (2); 2009, c. 33, Sched. 22, s. 11 (44). Arbitration by Fees Mediation Committee (3) The Fees Mediation Committee, with the written consent of all parties to the dispute, may arbitrate a dispute in respect of a fee between a client and a member of the Association or a holder of a certificate of authorization and in that case the decision of the Fees Mediation Committee is final and binding on all parties to the dispute. R.S.O. 1990, c. S.29, s. 29 (3). Application (4) Where the Fees Mediation Committee acts as arbitrator under subsection (3), the Arbitration Act, 1991
does not apply. R.S.O. 1990, c. S.29, s. 29 (4); 2020, c. 34, Sched. 26, s. 5. Enforcement (5) A decision by the Fees Mediation Committee under subsection (3), exclusive of the reasons therefor, certified by the Registrar, may be filed with the Superior Court of Justice and when filed the decision may be enforced in the same manner as a judgment of the court. R.S.O. 1990, c. S.29, s. 29 (5); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2009, c. 33, Sched. 22, s. 11 (44) - 15/12/2009 2020, c. 34, Sched. 26, s. 5 - 06/02/2021
31 (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of professional surveying.  R.S.O. 1990, c. S.29, s. 31 (1); 2009, c. 33, Sched. 22, s. 11 (46). Information (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar any information that is in the possession of the insurer and that is specified in the request related to a claim or claims for indemnity in respect of the practice of professional surveying.  R.S.O. 1990, c. S.29, s. 31 (2); 2009, c. 33, Sched. 22, s. 11 (46). Exception (3) Subsection (2) does not apply in respect of a document prepared by an insured person relating to a claim for indemnity in respect of the practice of professional surveying by the insured person.  R.S.O. 1990, c. S.29, s. 31 (3); 2009, c. 33, Sched. 22, s. 11 (46). Transmittal of information (4) The Registrar may forward any information referred to in subsection (2) to such committee as he or she considers appropriate.  R.S.O. 1990, c. S.29, s. 31 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (46) - 15/12/2009
32 (1) No member of the Association or holder of a certificate of authorization shall engage in the practice of professional surveying unless insured against professional liability in accordance with the regulations or in accordance with arrangements under subsection (2).  R.S.O. 1990, c. S.29, s. 32 (1); 2009, c. 33, Sched. 22, s. 11 (46). Arrangements by Association (2) The Association may make arrangements respecting insurance against professional liability for members of the Association and holders of certificates of authorization.  R.S.O. 1990, c. S.29, s. 32 (2). Premiums (3) Arrangements under subsection (2) may include arrangements respecting the payment and remission of premiums.  R.S.O. 1990, c. S.29, s. 32 (3). Levies (4) The Association may prescribe levies that shall be paid by members of the Association and holders of certificates of authorization related to arrangements under subsection (2).  R.S.O. 1990, c. S.29, s. 32 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (46) - 15/12/2009
34 Where a licence, certificate of authorization or certificate of registration is revoked or cancelled, the former holder thereof shall forthwith deliver the licence or certificate and related seal to the Registrar.  R.S.O. 1990, c. S.29, s. 34.
35 (1) A person whose licence, certificate of authorization or certificate of registration has been revoked for cause under this Act, or whose membership has been cancelled for cause under a predecessor of this Act, may apply in writing to the Registrar for the issuance of a licence, certificate of authorization or certificate of registration, but such application shall not be made sooner than two years after the revocation or cancellation.  R.S.O. 1990, c. S.29, s. 35 (1). Reference to Registration Committee (2) The Registrar shall refer the application to the Registration Committee and the Committee shall, (a)  hold a hearing and make a decision with respect to the application; and (b)  report its decision and reasons to the Council and to the applicant.  2009, c. 33, Sched. 22, s. 11 (47). Procedures (3) The provisions of this Act applying to hearings by the Registration Committee, except section 28, apply with necessary modifications to proceedings of the Discipline Committee under this section.  R.S.O. 1990, c. S.29, s. 35 (3). Direction by Council to issue licence (4) Despite subsections (1), (2) and (3), the Council may direct at any time that a licence, certificate of authorization or certificate of registration be issued to a person whose licence, certificate of authorization or certificate of registration has previously been revoked for cause or suspended for cause or that a suspension or cancellation for cause under a predecessor of this Act be removed, subject to such terms, conditions and limitations as the Council considers appropriate.  R.S.O. 1990, c. S.29, s. 35 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (47) - 15/12/2009
36 (1) Every person engaged in the administration of this Act, including any person making a review or investigation under section 30, shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of the person’s duties, employment, inquiry or investigation and shall not communicate any such matter to any other person except, (a)  as may be required in connection with the administration of this Act and the regulations and by-laws or any proceedings under this Act or the regulations; (a.1)  in accordance with the Association’s policies and practices with respect to the collection, use and disclosure of personal information as set out in the by-laws; (b)  that the person may communicate any such matter to his or her counsel; or (c)  with the consent of the person to whom the information relates.  R.S.O. 1990, c. S.29, s. 36 (1); 2009, c. 33, Sched. 22, s. 11 (48). Testimony in civil action (2) No person to whom subsection (1) applies shall be required to give testimony or to produce any book, record, document or thing in any action or proceeding with regard to information obtained in the course of his or her duties, employment, inquiry or investigation except in a proceeding under this Act or the regulations.  R.S.O. 1990, c. S.29, s. 36 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (48) - 15/12/2009
37 (1) A corporation whose name includes the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” and that ceases to hold a subsisting certificate of authorization shall not carry on or engage in any business until the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” are removed from the name of the corporation. Exception (2) Subsection (1) does not apply to prevent a corporation from carrying on an activity necessary to the winding up of the corporation.  R.S.O. 1990, c. S.29, s. 37.
38 Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Association may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will result or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.  R.S.O. 1990, c. S.29, s. 38; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
39 (1) Every person who contravenes section 11 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $15,000 and for each subsequent offence to a fine of not more than $30,000. Idem (2) Every person who is not a member of the Association and who uses the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” as an occupational designation is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $5,000 and for each subsequent offence to a fine of not more than $15,000. Idem (3) Every person who obstructs a person appointed to make an investigation under section 30 in the course of his or her duties is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Idem (4) Every corporation that contravenes section 37 is guilty of an offence and on conviction is liable for a first offence to a fine of not more than $5,000 and for each subsequent offence to a fine of not more than $15,000. Idem, director or officer of corporation (5) Where a corporation is guilty of an offence under subsection (1), (2), (3) or (4), every director or officer of the corporation who authorizes, permits or acquiesces in the offence is guilty of an offence and on conviction is liable to a fine of not more than $30,000. Limitation (6) Proceedings shall not be commenced in respect of an offence under subsection (1), (2), (3), (4) or (5) after two years after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. S.29, s. 39. Offences involving falsity
40 (1) Any person who makes or causes to be made any wilful falsification in any matter relating to a register or issues a false licence, certificate of authorization or certificate of registration or a false document with respect to a register maintained by the Registrar under this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Offences for false representation (2) Any person who wilfully procures or attempts to procure the issuance of a licence or the issuance of a certificate of authorization or a certificate of registration under this Act by knowingly making any false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Aiding and assisting (3) Every person knowingly aiding and assisting in the commission of an offence under subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Limitation period (4) Proceedings to obtain a conviction for an offence under subsection (1) shall not be commenced after the expiration of six months after the date on which the offence was, or is alleged to have been, committed.  R.S.O. 1990, c. S.29, s. 40.
41 Where licensing or the holding of a certificate of authorization under this Act is required to permit the lawful doing of any act or thing, if in any prosecution it is proven that the defendant has done such act or thing, the burden of proving that the defendant was so licensed or that the defendant held a subsisting certificate of authorization under this Act rests upon the defendant.  R.S.O. 1990, c. S.29, s. 41.
42 A notice or document required by this Act to be served or delivered may be served or delivered personally or by mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served or delivered by mail, the service or delivery shall be deemed to have been made on the tenth day after the day of mailing unless the person to whom notice is given establishes that the person, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the notice, or did not receive the notice until a later date. R.S.O. 1990, c. S.29, s. 42; 2020, c. 34, Sched. 26, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 26, s. 6 - 06/02/2021
43 Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the Association, is admissible in evidence in all courts as proof in the absence of evidence to the contrary of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal.  R.S.O. 1990, c. S.29, s. 43.
44 (1) No action or other proceeding for damages shall be instituted against the Association, a committee of the Association or a member of the Association or committee, or an officer, employee, agent or appointee of the Association for any act done in good faith in the performance or intended performance of any duty or in the exercise or the intended exercise of any power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power. Councillor indemnified in suits respecting execution of office (2) Every member of the Council and every officer, member or employee of the Association, and the person’s heirs, executors and administrators, and estate and effects, respectively, may, with the consent of the Association, given at any meeting of the members of the Association, from time to time and at all times, be indemnified and saved harmless out of the funds of the Association, from and against, (a)  all costs, charges and expenses whatsoever that the person sustains or incurs in or about any action, suit or proceeding that is brought, commenced or prosecuted for or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by the person, in or about the execution of the duties of the person’s office, employment or appointment; and (b)  all other costs, charges and expenses that the person sustains or incurs in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by the person’s own wilful neglect or default.  R.S.O. 1990, c. S.29, s. 44. 45 Repealed:  1998, c. 18, Sched. I, s. 62. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 62 - 18/12/1998 Not-for-Profit Corporations Act, 2010 46 The Not-for-Profit Corporations Act, 2010 does not apply to the Association, except as is prescribed by regulation. 2017, c. 20, Sched. 8, s. 133. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (49) - 15/12/2009 2017, c. 20, Sched. 8, s. 133 - 19/10/2021
46 The Not-for-Profit Corporations Act, 2010 does not apply to the Association, except as is prescribed by regulation. 2017, c. 20, Sched. 8, s. 133. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (49) - 15/12/2009 2017, c. 20, Sched. 8, s. 133 - 19/10/2021
47 A reference in any Act or regulation to a surveyor or an Ontario land surveyor licensed or registered under this Act or to an Ontario Land Surveyor shall be deemed to be a reference to a member of the Association licensed to engage in the practice of cadastral surveying.  R.S.O. 1990, c. S.29, s. 47. ______________  Français