Bill C-31

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-31
	An Act respecting Canada Lands Surveyors
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Canada Lands Surveyors Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``Associa- tion'' « Associa- tion »	``Association'' means the Association of Canada Lands Surveyors continued by section 4.
``boundary'' « ligne de démarca- tion »	``boundary'' 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.
``by-law'' « règlement administra- tif »	``by-law'' means a by-law of the Association made under section 18.
``cadastral surveying'' « arpentage cadastral »	``cadastral surveying'' 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.
``Canada Lands'' « terres du Canada »	``Canada Lands'' means Canada Lands within the meaning of subsection 24(1) of the Canada Lands Surveys Act.
``Canada Lands Surveyor'' « arpenteur des terres du Canada »	``Canada Lands Surveyor'' means a person who holds a commission.
``commission' ' « brevet »	``commission'' means a commission granted under section 49 or deemed to have been granted under that section by section 48.
``Council'' « conseil »	``Council'' means the Council of the Association referred to in section 13.
``entity'' « entité »	``entity'' 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.
``licence'' « permis »	``licence'' means a licence issued under section 53.
``Minister'' « ministre »	``Minister'' means the Minister of Natural Resources.
``permit'' « licence »	``permit'' means a permit issued under section 58.
``survey- ing'' « arpen- tage »	``surveying'' 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.
``Surveyor General'' « arpenteur général »	``Surveyor General'' means the Surveyor General within the meaning of subsection 2(1) of the Canada Lands Surveys Act.
	HER MAJESTY
Binding on Her Majesty	3. This Act is binding on Her Majesty in right of Canada or a province.
	ASSOCIATION OF CANADA LANDS SURVEYORS
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.
Status and composition of Association	5. The Association is a body corporate consisting of a governing body and members.
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.
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.
Capacity of Association	8. In carrying out its objects, the Association has the capacity of a natural person.
Association not agent of Her Majesty	9. The Association is not an agent of Her Majesty in right of Canada.
Head office	10. The head office of the Association shall be located in Canada at the place stated in the by-laws.
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.
Other meetings	(2) The Association may hold other general or special meetings as it considers necessary.
	PRESIDENT AND VICE-PRESIDENT OF THE ASSOCIATION
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.
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
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.
Chairperson of the Council	14. (1) The President of the Association is the Chairperson of the Council.
Duties of Chairperson	(2) The Chairperson of the Council shall preside at meetings of the Council and perform the duties that the Council specifies.
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.
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.
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.
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.
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.
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
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.
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
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.
Other committees	(2) The Council may from time to time as it considers necessary establish committees other than those referred to in subsection (1).
	Executive Committee
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.
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
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.
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.
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.
Recommen- dations 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.

Bill C-31

BILL C-31