Bill C-31

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act respecting Canada Lands Surveyors''.
	SUMMARY
	This enactment establishes the Association of Canada Lands Surveyors as a self-governing association and substitutes it for the Board of Examiners established under the Canada Lands Surveys Act as the authority responsible for the examination, admission and qualifications of candidates for commissions as Canada Lands Surveyors.
	The enactment
	(a) authorizes the Association to establish the standards of qualification, conduct, knowledge and skill of Canada Lands Surveyors;
	(b) authorizes the Association to grant commissions as Canada Lands Surveyors to persons who have acquired the appropriate education, qualifications and work experience;
	(c) authorizes the Association to receive complaints and take disciplinary measures; and
	(d) requires Canada Lands Surveyors to obtain a licence to practice cadastral surveying on Canada Lands.
	EXPLANATORY NOTES
	Canada Lands Surveys Act
	Clause 91: (1) to (3) The definitions ``Board'', ``candidate'', ``commission'', ``examination'', ``prescribed'' and ``Secretary'' in subsection 2(1) read as follows:
	``Board'' means the Board of Examiners appointed under section 5;
	``Canada Lands Surveyor'' means a person who holds a commission;
	``candidate'' means an applicant for a commission;
	``commission'' means a valid and subsisting commission granted under this Act authorizing the person to whom it is granted to survey lands under this Act;
	``examination'' means the examination of a candidate;
	``prescribed'' means prescribed in rules or regulations made by the Board;
	``Secretary'' means the Secretary of the Board;
	``Surveyor General'' means a person who is a Canada Lands Surveyor and is appointed as Surveyor General in the manner authorized by law or a person authorized by the Minister to carry out the duties of the Surveyor General.
	(4) New.
	(5) Subsection 2(2) reads as follows:
	(2) Every person who holds a valid and subsisting certificate as a Dominion topographical surveyor or a valid and subsisting commission as a Dominion land surveyor is deemed to hold a commission granted under this Act.
	Clause 93: Sections 5 to 16 read as follows:
	5. (1) The Governor in Council shall appoint a Board of Examiners consisting of the Surveyor General, who shall be Chairman, and four other members.
	(2) Where a member of the Board, other than the Chairman, is, in the opinion of the Governor in Council, unable permanently or temporarily to perform the duties of his office, the Governor in Council may, as he deems expedient, appoint a new member or a temporary member to replace that member.
	(3) Four of the members of the Board shall be persons having training or practical experience in the major fields of surveying.
	(4) Members of the Board, other than the Chairman, hold office during pleasure.
	(5) Three members of the Board constitute a quorum.
	(6) The Minister shall appoint a person to be Secretary of the Board whose duties include the keeping of records of all proceedings of the Board.
	(7) Every member or temporary member of the Board shall, before entering office, take an oath or solemn affirmation in the following form:
	I, ..............., do solemnly swear (or affirm) that I will faithfully discharge the duty of an examiner of candidates for commissions as Canada Lands Surveyors, according to law, and without favour, affection or partiality. (Add, in the case of an oath, ``So help me God'').
	6. (1) The Board shall comply with any directions given to it by the Governor in Council or by the Minister with respect to the exercise of its powers.
	(2) Subject to section 8, the Board shall examine candidates.
	(3) The Board has control over all matters relating to the examination, admission and qualifications of candidates and may, for those purposes, with the approval of the Governor in Council, make rules or regulations prescribing
	(a) the subjects in which candidates shall be examined;
	(b) the conduct of examinations including notice to be given respecting examinations;
	(c) the standards, nature and length of training and experience in surveying required of any candidate;
	(d) such forms, rules, instructions and regulations as the Board deems requisite in any matter respecting the examination, admission and qualifications of candidates;
	(e) the form of commissions; and
	(f) the fees payable by candidates.
	7. Every member or temporary member of the Board and the Secretary, whether or not he is employed or paid in any other capacity in the public service of Canada, may, in respect of the performance of his duties and functions under this Act, be paid
	(a) remuneration at an annual rate to be fixed by the Treasury Board; and
	(b) his actual living and travel expenses incurred while away from his normal place of residence.
	Special Examiners
	8. (1) The Minister may, on the recommendation of the Board, appoint qualified persons as special examiners to examine candidates, to prepare examination papers and to appraise the responses of candidates thereto.
	(2) A member of the Board is, ex officio, a special examiner.
	(3) Persons qualified for appointment as special examiners are
	(a) Canada Lands Surveyors;
	(b) provincial land surveyors duly qualified under the laws of the province in which they will preside at examinations to be held therein; or
	(c) persons who are, in the opinion of the Board, particularly conversant with the specific subjects of the various examinations.
	(4) Every special examiner, other than a member of the Board, shall before entering office take the oath described in subsection 5(7).
	9. Every special examiner, other than a member of the Board, may be paid for the work performed with respect to the preparation of examination papers and with respect to the appraisal of responses of candidates thereto, and for each day on which he presides at an examination such fees as may be fixed by the Treasury Board together with his actual living and travel expenses incurred while away from his normal place of residence.
	Examinations
	10. (1) The Board shall, in order to hold examinations, meet at Ottawa on the second Monday in the month of February in each year and at such other times and places as the Minister may direct.
	(2) The Minister may direct that examinations be held by special examiners at such times and places as the Minister thinks fit.
	(3) Subject to subsection (4), notice of examinations to be held under this section shall be published in the Canada Gazette as prescribed.
	(4) The Minister may, in special cases where the Minister deems it expedient, dispense with publication of notice of an examination or may direct that notice may be given in a manner other than as prescribed.
	11. Unless otherwise provided for in this Act, all examinations are subject to the rules and regulations made by the Board.
	12. (1) No candidate shall be examined unless the candidate has, in accordance with this Act and the rules and regulations made by the Board,
	(a) submitted notice of his intention to be examined;
	(b) paid all fees required in respect of an examination; and
	(c) complied with all requirements relating to an examination.
	(2) Subject to subsection (3), no candidate is eligible to be examined for a commission unless the candidate
	(a) demonstrates to the satisfaction of the Board that the candidate has been adequately instructed in subjects prescribed by the Board; and
	(b) has received the prescribed training and experience in surveying and has filed with the Secretary a record of such training and experience.
	(3) The Board may permit a candidate to be examined for a commission before the candidate has received the prescribed training and experience in surveying if the Board is satisfied that the candidate will receive such training and experience within one year of the examination.
	(4) Where, pursuant to subsection (3), the Board permits a candidate to be examined for a commission, no commission shall be granted to the candidate until the candidate has furnished the Board with affidavits or other evidence acceptable to the Board showing that the candidate has fully complied with the rules and regulations.
	13. The Board or a special examiner, as the case may be, may examine a candidate under oath, to be administered by a member of the Board or the special examiner, respecting any qualification or other matter relating to the examination of the candidate.
	Commissions
	14. The Board may grant a commission as a Canada Lands Surveyor to a person who
	(a) has complied with the requirements of this Act respecting eligibility for an examination for a commission; and
	(b) has complied with all the rules and regulations made by the Board under subsection 6(3).
	15. (1) Every person who is granted a commission shall, before commencing practice as a Canada Lands Surveyor,
	(a) take an oath or solemn affirmation, before any person duly authorized to take it, in the following form:
	I, ..............., do solemnly swear (or affirm) that I will faithfully discharge the duties of a Canada Lands Surveyor according to law and without favour, affection or partiality. (Add, in the case of an oath, ``So help me God''); and
	(b) pay the prescribed fee.
	(2) Every commission shall be registered in the office of the Registrar General of Canada.
	(3) An oath or affirmation referred to in subsection (1) shall be filed and kept in the office of the Surveyor General.
	Cancellations and Suspension of Commissions
	16. (1) The Board may suspend a commission for such period as it thinks advisable or may cancel a commission where it finds that the holder thereof is guilty of
	(a) gross negligence or corrupt practice in carrying out his duties as a surveyor;
	(b) certifying to false returns of a survey;
	(c) certifying as his survey a survey made by another surveyor; or
	(d) making a survey in which he has used a measure that is not regulated and verified in accordance with this Act.
	(2) The Board shall not make a finding under subsection (1) unless and until
	(a) the Secretary has, at least thirty days before the day on which a finding is to be made, sent to the surveyor a registered letter containing a notice of the grounds for cancellation or suspension to be considered by the Board and notifying the surveyor to appear before the Board at the day set for the hearing;
	(b) the Board has heard such evidence as may be adduced in support of the charges against the surveyor; and
	(c) the Board has heard such evidence in rebuttal of the charges as may be adduced by the surveyor, by witnesses called by the surveyor or, in the event that the surveyor fails to appear, by a person appointed by the Board to act on behalf of the surveyor.
	Clause 94: Sections 19 to 21 read as follows:
	19. A surveyor may, for the purposes of carrying out a survey of lands under this Act, enter on, pass over or measure the boundaries of the lands of any person, but the surveyor shall take all reasonable precautions to avoid causing any damage in so doing.
	20. (1) A surveyor may, in carrying out a survey of lands under this Act, if the surveyor believes on reasonable grounds that any person may have knowledge of any matter relating to the survey,
	(a) request the person to appear before the surveyor as a witness;
	(b) apply to a justice of the peace for a subpoena compelling the person to appear before the surveyor to give evidence and to bring such documents as may be specified in the subpoena; and
	(c) take evidence from any person requested or compelled to appear before the surveyor under an oath or a solemn affirmation to be administered by the surveyor.
	(2) A justice of the peace may, on application by a surveyor supported by an affidavit by the surveyor setting forth the reason for requiring the attendance of a witness, issue the subpoena referred to in subsection (1).
	(3) A subpoena under this section shall either be personally served on the person named therein or left with an adult person at the residence of that person and shall state the time and place at which the hearing before the surveyor will be held.
	(4) A surveyor may tender to a witness under this section such conduct money as will, in the opinion of the surveyor, compensate the witness for his reasonable expenses in attending before the surveyor and, in the event of a dispute as to the amount, shall refer the matter to a justice of the peace whose decision therein shall be final.
	(5) Where a person named in a subpoena refuses or fails to appear before a surveyor at the time and place named in the subpoena, the surveyor may apply to a justice of the peace for a warrant against that person and the justice of the peace may issue the warrant.
	21. All evidence, including any documents or other exhibits produced at the hearing, taken before a surveyor under section 20 shall be
	(a) reduced to writing;
	(b) read to and affirmed by the witness by whom it is given and by the surveyor; and
	(c) filed and kept in the office of the Surveyor General as part of the returns of the survey.
	Clause 95: Section 22 reads as follows:
	22. The provisions of sections 17 to 21 and 23 apply, with such modifications as the circumstances require, to surveys under any other Act of Parliament, or any regulation made thereunder, or any ordinance of the Yukon Territory or Northwest Territories where the Act, regulation or ordinance requires the surveys to be made by a Canada Lands Surveyor.
	Clause 96: Sections 51 and 52 read as follows:
	51. Every person who refuses or fails to appear before a surveyor and against whom a warrant is issued under subsection 20(5) is guilty of an offence punishable on summary conviction.
	52. Every person who interrupts, molests or hinders a surveyor in the performance of his duties with respect to a survey under this Act is guilty of an offence punishable on summary conviction.
	Clause 97: Section 54 reads as follows:
	54. Every person, other than a Canada Lands Surveyor, who
	(a) uses the title ``Canada Lands Surveyor'', uses any addition to or abbreviation of that title, or uses any words, name or designation that will lead to the belief that he is a Canada Lands Surveyor, or
	(b) advertises, holds himself out or conducts himself in any way or by any means as a Canada Lands Surveyor
	is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.