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Canada Lands Surveyors Regulations (SOR/99-142)

Regulations are current to 2024-05-01 and last amended on 2016-10-12. Previous Versions

Commissions (continued)

Application for Admission as a Candidate for a Commission (continued)

  •  (1) Every person, other than a person who is entitled to survey lands in a province or is registered as a candidate to become entitled to survey lands in a province, who wishes to be a candidate for a commission as a Canada Lands Surveyor shall submit to the Board of Examiners

    • (a) an application for admission as a candidate on the form provided by the Association;

    • (b) a summary of all academic education together with an official transcript of marks for any post-secondary education; and

    • (c) a copy of any diploma, degree, certificate or other similar evidence of level of education awarded by a college, university or other educational institution or a certifying body.

  • (2) Official documents submitted pursuant to paragraphs (1)(b) and (c) that are not in English or French must be accompanied by an English or French translation attested to by a certified translator.

  • (3) No person shall be admitted as a candidate unless the information submitted indicates that the person has achieved at least the level of education obtained by a graduate in survey technology of a Canadian college.

  • SOR/2006-188, s. 3

Application for Examination

  •  (1) A candidate for a commission shall submit notice of the candidate’s intention to be examined to the Registrar at least two months before the date of commencement of the examinations as announced in accordance with section 20.

  • (2) Despite subsection (1), a candidate who submits notice of the candidate’s intention to be examined after the deadline referred to in subsection (1) shall only be admitted on a first come, first served basis in accordance with the availability of places and copies of the examinations.

Examination Subjects

 The subjects of the examinations for a commission are the following:

  • (a) effective communication,

  • (b) mathematics,

  • (c) cadastral surveys,

  • (d) survey systems,

  • (e) land registration systems,

  • (f) cadastre,

  • (g) civil and common law,

  • (h) survey law,

  • (i) survey instruments,

  • (j) survey astronomy,

  • (k) geodetic positioning,

  • (l) control surveys,

  • (m) engineering surveys,

  • (n) hydrographic surveys,

  • (o) applied photogrammetry,

  • (p) remote sensing,

  • (q) cartography,

  • (r) map projections,

  • (s) probability and statistics,

  • (t) least-squares estimation,

  • (u) computer science,

  • (v) spatial database management systems,

  • (w) data analysis,

  • (x) earth sciences,

  • (y) oceanography,

  • (z) environmental management,

  • (z.1) land-use planning,

  • (z.2) land administration,

  • (z.3) management of geographical information systems,

  • (z.4) professional affairs and ethics,

  • (z.5) business administration, economics and law,

  • (z.6) acts and regulations relating to surveys of Canada Lands,

  • (z.7) property rights systems on Canada Lands,

  • (z.8) government structures, and

  • (z.9) aboriginal government issues.

  • SOR/2003-1, s. 4

Examination

 A candidate is required, within a period of seven years after the date on which the candidate’s application is accepted, to pass all the examinations prescribed by the Board of Examiners after an evaluation of the candidate’s qualifications, or to demonstrate to the Board of Examiners that the candidate has received equivalent training.

  • SOR/2003-1, s. 5

 Subject to section 18, a candidate may rewrite any examination that the candidate fails.

  •  (1) Examinations shall be held at least once a year at times and places determined by the Board of Examiners.

  • (2) The times and places referred to in subsection (1) shall be announced by the Board of Examiners at least six months before the date of commencement of the examinations.

 If a candidate who has been admitted to an examination is found to be ineligible to be examined, the examination of that candidate is void.

Special Examiners

  •  (1) The Council shall, on the recommendation of the Board of Examiners, appoint as special examiners persons who are particularly conversant with the specific subjects set out in section 17 for which they will prepare examinations and appraise responses of candidates thereto.

  • (2) Every special examiner shall, before entering office, take the oath or affirmation required of members of the Board of Examiners under subsection 7(4).

Granting of Commissions

  •  (1) Every candidate shall, before the Board of Examiners recommends the granting of a commission,

    • (a) take, before any person duly authorized to take oaths or affidavits, an oath (or solemn affirmation) 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 to the Registrar the fee, as set out in the by-laws, for a commission.

  • (2) The oath or affirmation referred to in paragraph 1(a) shall be in writing and signed by the candidate.

  • (3) Every commission shall be registered in the office of the Association by the Registrar, and a copy of the commission shall be retained by the Registrar.

  • (4) The oath or affirmation referred to in paragraph (1)(a) shall be sent by the candidate to the office of the Association and be filed by the Registrar.

  • SOR/2003-1, s. 6

Review of Decisions of the Board of Examiners

  •  (1) Every person subject to a decision by the Board of Examiners may request that the Board review the decision by submitting both a written application to the Registrar within 21 days after the issue of the decision and the fee for review, as set out in the by-laws.

  • (2) If a request under subsection (1) is made, the Board of Examiners shall review the decision and respond to the person in writing within three months after the day on which the request was received.

Use of Title

  •  (1) Subject to subsection (2), a person who holds a commission may not use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S” or “A.T.C.” or any form of those letters unless they are a member of the Association.

  • (2) No person shall use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada” or the letters “C.L.S.” or “A.T.C.” or any form of those letters in connection with the name of an entity, unless the person holds a licence issued by the Association pursuant to the Act and these Regulations.

  • SOR/2011-291, s. 3

Licences

Applications

  •  (1) Submission of the following to the Registrar is a requirement for the purposes of paragraph 52(d) of the Act:

    • (a) an application for a licence on the form provided by the Association;

    • (b) an affidavit or affidavits, on forms provided by the Association, verifying the completion of the experience and practical training required under paragraph 52(c) of the Act, detailing the period or periods and the nature of the experience and training, and stating the names and qualifications of the persons under whose supervision the experience and training was acquired;

    • (c) the annual licence fee for the current fiscal year, as set out in the by-laws, prorated for the period beginning on the first day of the month in which the application is filed and ending on the last day of the fiscal year of the Association;

    • (d) any other fee or levy imposed under the Act or these Regulations; and

    • (e) proof of professional liability insurance coverage or proof of exemption therefrom.

  • (2) A member of the Association, whose licence has been revoked for the non-payment of any fee or levy specified in the by-laws or whose licence has lapsed, is not required, in order to obtain a new licence, to submit the affidavit or affidavits referred to in paragraph (1)(b) if the revocation or lapse occurred less than five years before the day on which the new licence is applied for.

  • (3) For the purposes of subsection 55(1) of the Act, when the licence of a member of the Association has been revoked for professional misconduct or incompetence, their application for a new licence shall be made in the manner set out in paragraph (1)(a) and shall include the affidavit or affidavits, fees, levies and proof of insurance coverage or exemption set out in paragraphs (1)(b) to (e).

  • SOR/2003-1, s. 7
  • SOR/2011-291, s. 4

Annual Renewal

  •  (1) An application for a renewal of a licence shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association.

  • (2) The Registrar shall renew the licence if the following conditions are met:

    • (a) the application was filed in accordance with subsection (1);

    • (b) the applicant holds a commission;

    • (c) the applicant is a member of the Association;

    • (d) the applicant provides, with their application, proof of professional liability insurance coverage or proof of exemption; and

    • (e) the applicant provides, with their application, the annual licence fee payable for the current fiscal year.

  • SOR/2011-291, s. 5

 [Repealed, SOR/2011-291, s. 6]

Professional Liability Insurance

Requirement

  •  (1) Every member of the Association who must have insurance against professional liability shall be insured through

    • (a) a master policy maintained by the Association for its members; or

    • (b) any other policy that meets the requirements as set out in subsection (4).

  • (2) The policy limit for each individual certificate under the master policy shall not be less than $250,000 for each single occurrence and $500,000 for all occurrences in any 12 month period.

  • (3) [Repealed, SOR/2011-291, s. 7]

  • (4) A policy not maintained by the Association shall provide at least the minimum coverage required under subsection (2) and shall contain a clause that the Association shall be given 10 days notice before the policy is cancelled.

  • SOR/2011-291, s. 7

 A member of the Association who does not hold a licence is exempt from any requirement to be insured against professional liability as a Canada Lands Surveyor.

Proof of Professional Liability Insurance

 Every member of the Association who holds a licence and is insured through a policy not maintained by the Association shall provide the Registrar with a copy of that policy and a notice of any change in that policy.

Permits

Applications

  •  (1) An entity may apply for a permit by submitting to the Registrar

    • (a) an application for a permit on the form provided by the Association;

    • (b) names of the licensed members of the Association who will be personally responsible for the surveying services;

    • (c) the annual permit fee, as set out in the by-laws;

    • (d) any other fee or levy imposed under the Act or these Regulations; and

    • (e) proof of the required professional liability insurance coverage or proof of the entity’s exemption from it.

  • (2) For the purposes of subsection 61(1) of the Act, when the permit of an entity has been revoked for professional misconduct or incompetence, their application for a new permit shall be made in the manner set out in paragraph (1)(a) and shall include the information, fees, levies and proof of insurance coverage or exemption set out in paragraphs (1)(b) to (e).

  • SOR/2003-1, s. 8(F)
  • SOR/2006-188, s. 4
  • SOR/2011-291, s. 8

 The Registrar may not issue a permit to an entity that has applied in accordance with section 32 unless the following conditions are met:

  • (a) a principal function of the entity is surveying;

  • (b) the entity has within its management at least one licence holder who ensures that the entity complies with the Association’s standards of conduct, knowledge and skill in its surveying activities;

  • (c) the entity has professional liability insurance coverage at least equivalent to that required by licensed members under subsection 29(4);

  • (d) the name of the entity is not misleading, self-laudatory or inappropriate with regard to protection of the public and the integrity of the profession; and

  • (e) in respect of the members of the Association that have been identified in respect of the requirement in paragraph 32(1)(b), the Registrar is not aware of any existing non-compliance on their part with the requirements of the Act and these Regulations.

  • SOR/2006-188, s. 5
  • SOR/2011-291, s. 9

Annual Renewal

  •  (1) An application for a renewal of a permit shall be filed, on the form provided by the Association, with the Registrar before the end of the fiscal year of the Association.

  • (2) The Registrar shall renew the permit if the following conditions are met:

    • (a) the application was filed in accordance with subsection (1);

    • (b) the applicant provides, with their application, the information, fees and levies and proof of insurance or exemption referred to in paragraphs 32(1)(b) to (e); and

    • (c) the conditions in section 33 are met.

  • SOR/2011-291, s. 10

 [Repealed, SOR/2011-291, s. 11]

Certification of Documents

Seal

 A member of the Association who holds a licence may obtain a seal from the Registrar.

  • SOR/2016-270, s. 1

Certification

  •  (1) A member of the Association who holds a licence shall certify a document or drawing by

    • (a) including in it a statement of responsibility that is in accordance with section 38;

    • (b) signing it by hand or, if it is in electronic format, signing it with an electronic signature that is generated using a technology or process that is approved by the Council for the purpose of certifying documents and drawings;

    • (c) dating it with the date on which it is signed in accordance with paragraph (b); and

    • (d) applying the seal referred to in section 36 to it or, if it is in electronic format, including in it an electronic version of the seal.

  • (2) The Council shall not approve a technology or process for the purpose of certifying documents and drawings that are in electronic format unless the technology or process generates an electronic signature that

    • (a) is unique to each member of the Association;

    • (b) is intended solely for use of the member of the Association; and

    • (c) provides a means of determining whether a document or drawing has been modified after it is signed by the member of the Association.

  • SOR/2016-270, s. 1
 

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