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Bill C-31

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REPORT

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.

GENERAL

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.

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.

TRANSITIONAL PROVISIONS

Definitions

73. The definitions in this section apply in sections 74 to 89.

``former Association''
« ancienne association »

``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.

``former Board of Examiners''
« Commis-
sion d'examina-
teurs »

``former Board of Examiners'' means the Board of Examiners appointed under section 5 of the Canada Lands Surveys Act.

``new Association''
« nouvelle association »

``new Association'' means the Association of Canada Lands Surveyors continued under section 4.

``new Board of Examiners'' Version anglaise seulement

``new Board of Examiners'' means the Board of Examiners established under paragraph 19(1)(b).

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.

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.

References

76. Every reference to the former Association in any deed, contract, agreement or other document executed by the former Association shall, unless the context otherwise requires, be read as a reference to the new Association.

Rights and obligations

77. All rights and property of the former Association and all obligations of the former Association are transferred to the new Association.

Commence-
ment of legal proceedings

78. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Association may be brought against the new Association in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Association.

Continuation of legal proceedings

79. Any action, suit or other legal proceeding to which the former Association is party pending in any court immediately before the day on which this section comes into force may be continued by or against the new Association in like manner and to the same extent as it could have been continued by or against the former Association.

By-laws

80. Every by-law of the former Association is, to the extent that it is not inconsistent with this Act, a by-law of the new Association.

Officers and employees

81. Nothing in this Act affects the status of any person who, immediately before the day on which this section comes into force, was an officer or employee of the former Association except that, as of that day, the person is an officer or employee, as the case may be, of the new Association.

Members

82. Every member of the former Association immediately before this section comes into force is a member of the new Association on that coming into force.

President and Vice-
President

83. The President and Vice-President of the former Association before the coming into force of this section are, on that coming into force, the President and Vice-President of the new Association and shall hold office as such until the election or appointment of the first President and Vice-President of the new Association.

Most recent past President

84. (1) For the purpose of paragraph 13(b), the most recent past President of the former Association as of the day on which this subsection comes into force is deemed to be the most recent past President of the new Association.

Elected members of the new Association

(2) For the purpose of paragraph 13(c), the first members of the Council under that paragraph shall be three members of the new Association elected at a meeting of the members of the new Association called for the purpose as soon as practicable after the coming into force of this subsection.

Continuation of proceedings

85. Proceedings relating to any matter before the former Association on the coming into force of this section, including any matter that is in the course of being heard or investigated by the former Association, shall be continued by the new Association.

Applicants for commissions

86. Every person whose application for a commission had been accepted by the former Board of Examiners before the day on which this section comes into force and who had paid the prescribed fee required by the regulations before that day shall be examined by the new Board of Examiners under the Canada Lands Surveys Act as though that Act had not been amended by this Act.

Records and documents

87. As soon as possible after the coming into force of this section, the Surveyor General shall provide the new Association with a copy of all records and documents in the Surveyor General's possession 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.

Suspension or cancellation of commissions

88. The Discipline Committee shall hear and determine, in accordance with section 16 of the Canada Lands Surveys Act, as that section read immediately before the coming into force of this section, all matters relating to the cancellation or suspension of commissions held by persons to whom a notice referred to in paragraph 16(2)(a) of that Act had been sent by the former Board of Examiners before that day.

Decisions remain in force

89. Every decision of the former Board of Examiners, including those relating to the cancellation or suspension of commissions, that is in force immediately before the day on which this section comes into force remains in force and is deemed to be a decision of the new Association.

Complaints

90. Where, after the day on which this section comes into force, a complaint is made regarding the conduct or actions of a Canada Lands Surveyor before that day, the Discipline Committee may suspend or cancel the Canada Lands Surveyor's commission only if it determines that the Canada Lands Surveyor is guilty of anything mentioned in subsection 16(1) of the Canada Lands Surveys Act, as that subsection read immediately before that day.

CONSEQUENTIAL AMENDMENTS

R.S., c. L-6

Canada Lands Surveys Act

91. (1) The definitions ``Board'', ``candidate'', ``commission'', ``examination'', ``prescribed'' and ``Secretary'' in subsection 2(1) of the Canada Lands Surveys Act are repealed.

(2) The definitions ``arpenteur en chef'' and ``arpenteur fédéral'' in subsection 2(1) of the French version of the Act are repealed.

(3) The definition ``Canada Lands Surveyor'' in subsection 2(1) of the English version of the Act is replaced by the following:

``Canada Lands Surveyor''
« arpenteur des terres du Canada »

``Canada Lands Surveyor'' means a Canada Lands Surveyor within the meaning of section 2 of the Canada Lands Surveyors Act;

(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

« arpenteur général »
``Surveyor General''

« arpenteur général » Arpenteur des terres du Canada nommé arpenteur général de la manière autorisée par la loi ou personne autorisée par le ministre à exercer les fonctions d'arpenteur général.

« arpenteur des terres du Canada »
``Canada Lands Surveyor''

« arpenteur des terres du Canada » S'entend au sens de l'article 2 de la Loi sur les arpenteurs des terres du Canada.

(5) Subsection 2(2) of the Act is repealed.

92. The heading ``EXAMINATIONS, POWERS AND DUTIES OF CANADA LANDS SURVEYORS'' before section 5 of the Act is replaced by the following:

POWERS AND DUTIES OF CANADA LANDS SURVEYORS

1992, c. 54, s. 80; 1993, c. 44, ss. 181, 182

93. The heading ``Board of Examiners'' before section 5 and sections 5 to 16 of the Act are repealed.

94. Sections 19 to 21 of the Act are repealed.

95. Section 22 of the Act is replaced by the following:

Surveys made by Canada Lands Surveyor under other Act

22. The provisions of sections 17, 18 and 23 apply, with any modifications that 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.

96. Sections 51 and 52 of the Act are repealed.

97. Section 54 of the Act is repealed.

Replacement of ``arpenteur en chef'' with ``arpenteur général''

98. The French version of the Act is amended by replacing the expression ``arpenteur en chef'' with the expression ``arpenteur général'' in the following provisions:

    (a) subsections 3(2) and (3);

    (b) subsection 4(1);

    (c) subsections 17(1) and (2);

    (d) section 18;

    (e) paragraphs 23(2)(a) and (b);

    (f) subsection 24(2);

    (g) subsection 26(2);

    (h) subsections 28(2) and (3);

    (i) subsection 29(1);

    (j) subsections 29(3) and (4);

    (k) subsection 29(6) and (7);

    (l) section 31;

    (m) subsection 32(1);

    (n) subsection 33(2);

    (o) subsection 36(2);

    (p) subsection 36(4);

    (q) subsections 37(1) and (2);

    (r) subsection 38(1);

    (s) section 39;

    (t) sections 42 to 44;

    (u) paragraphs 45(1)(a) to (d);

    (v) section 46;

    (w) subsection 47(1);

    (x) subsections 48(1) and (2); and

    (y) subsections 53(1) and (2).

Replacement of ``arpenteur fédéral'' with ``arpenteur des terres du Canada''

99. The French version of the Act is amended by replacing the expressions ``arpenteur fédéral'' and ``arpenteurs fédéraux'' with the expressions ``arpenteur des terres du Canada'' and ``arpenteurs des terres du Canada'', respectively, in the following provisions:

    (a) the definition ``arpenteur'' in subsection 2(1);

    (b) subsections 26(1) and (2);

    (c) subsections 36(3) and (4); and

    (d) section 49.

Replacement of ``terres fédérales'' with ``terres du Canada''

100. The French version of the Act is amended by replacing the expression ``terres fédérales'' with the expression ``terres du Canada'' in the following provisions:

    (a) the heading ``ARPENTAGE DES TERRES FÉDÉRALES'' before section 24;

    (b) subsections 24(1) and (2);

    (c) section 25;

    (d) subsections 26(1) and (2);

    (e) section 27;

    (f) subsection 29(1);

    (g) subsection 29(3);

    (h) subsection 29(5);

    (i) subsections 32(1) and (2); and

    (j) subsections 33(1) and (2).

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