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Bill C-31

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DUTIES AND POWERS OF MEMBERS

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.

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.

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-appearan ce

(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.

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.

Permit required

46. No licence holder shall provide cadastral surveying services as an employee of an entity unless the entity holds a permit.

Certification of documents and drawings

47. Members of the Association must certify their documents and drawings in accordance with the regulations.

COMMISSIONS

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.

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.

LICENCES

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.

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.

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.

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.

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.

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.

LIABILITY INSURANCE

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).

PERMITS

Permit required

57. No entity, other than a permit holder, may provide cadastral surveying services on Canada Lands or private lands in a territory.

Issuance of permit

58. The Registrar may issue a permit to an entity that applies for a permit in accordance with the regulations.

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.

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.

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.

REGULATIONS

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.

OFFENCES

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.

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.

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.

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.

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.

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.

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.

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