Vol. 137, No. 1 — January 1, 2003

Registration
SOR/2003-1 11 December, 2002

CANADA LANDS SURVEYORS

Regulations Amending the Canada Lands Surveyors Regulations

The Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors Act (see footnote a) , hereby approves the making of the annexed Regulations Amending the Canada Lands Surveyors Regulations, by the Council of the Association of Canada Lands Surveyors.

Ottawa, November 1, 2002

Herb Dhaliwal

Minister of Natural Resources

The Council of the Association of Canada Lands Surveyors, with the approval of the Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors Act (see footnote b) , hereby makes the annexed Regulations Amending the Canada Lands Surveyors Regulations.

Ottawa, December 10, 2002

REGULATIONS AMENDING THE CANADA LANDS SURVEYORS REGULATIONS

AMENDMENTS

1. The heading before section 2 of the English version of the Regulations is replaced by the following:

ASSOCIATION OF CANADA LANDS SURVEYORS CODE OF ETHICS

2. The portion of subsection 10(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) The registrar shall maintain a register of members of the Association in which the following information is to be entered in respect of each member, including former members:

3. The portion of section 14 of the English version of the Regulations before paragraph (a) is replaced by the following:

14. Every person who wishes to be a candidate for a commission as a Canada Lands Surveyor and who is entitled to survey lands in a province under the laws of that province shall submit to the Board of Examiners

4. Section 17 of the Regulations is replaced by the following:

17. 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.

5. Section 18 of the Regulations is replaced by the following:

18. 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.

6. Subsection 23(2) of the Regulations is replaced by the following:

(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.

7. Subsection 26(2) of the Regulations is replaced by the following:

(2) The requirement in paragraph (1)(b) to submit affidavits does not apply during the period beginning on March 18, 1999, and ending on March 17, 2004, to

• (a) persons who hold a commission as a Canada Lands Surveyor at the time of the coming into force of the Act, or
  (b) persons who subsequently receive a commission in consequence of having met all the requirements of the Board of Examiners before the coming into force of the Act.

8. The French version of paragraph 32(b) of the Regulations is replaced by the following:

• b) le nom des membres de l'Association titulaires d'un permis qui seront personnellement responsables des services d'arpentage;

9. Section 54 of the English version of the Regulations is replaced by the following:

54. For every hearing held by the Discipline Committee, a record shall be compiled consisting of the allegation and the notice referred to in subsection 44(1), any rulings or orders made in the course of the proceeding, a summary of the oral evidence presented at the hearing, any copies of documents and things that were placed in evidence and the decision and the reasons for it.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)

Description

The Canada Lands Surveyors Regulations establish procedures for the operation of the Association of Canada Lands Surveyors and include requirements for the qualification and examination of persons wishing to become Canada Lands Surveyors, for membership in the Association, for the issuance of licences, permits and liability insurance, and for the operation of complaint and discipline processes.

The amendments were determined by the Council of the Association of Canada Lands Surveyors, and approved by members of the Association on April 29, 2002.

The amendments were necessary to correct certain grammar problems, to make certain sections conform to the wording of other sections and to make the French and English versions correspond. The replacement of section 17 was necessary to provide flexibility to the Association in arranging the examinations, in keeping the examinations up to date with new technology and in maintaining compatibility with surveyor qualifications in other jurisdictions in Canada. The replacement of section 18 was necessary to clarify the requirement to have candidates for a commission as a Canada Lands Surveyor complete the examination requirements in a timely fashion. The replacement of subsection 26(2) was necessary to create equal conditions for persons applying for a licence after March 18, 2004. Prior to March 18, 2004, a Canada Lands Surveyor at the time of the coming into force of the Canada Lands Surveyors Act (March 18, 1999) does not have to submit affidavits concerning practical surveying experience and training.

Alternatives

No alternatives were considered.

Benefits and Costs

The amendments are of a minor nature and will not have a financial impact.

Environmental Impact

There is no environmental impact.

Regulatory burden

The amendments will not create a regulatory burden on Canadians. The regulations as a whole place almost the entire regulatory burden with the Association of Canada Lands Surveyors.

Consultation

The amendments and the regulations apply to Canada Lands Surveyors and people wishing to become Canada Lands Surveyors. Consultation concerning the amendments was entirely within the Association of Canada Lands Surveyors.

Compliance and Enforcement

The Association of Canada Lands Surveyors administers the regulations. The governing Council of the Association includes the Surveyor General representing the Minister of Natural Resources and two lay members representing the public.

Contact

• A. M. MacLeod, C.L.S., O.L.S.
  Legislative Advisor to the Surveyor General of Canada Lands
  Legal Surveys Division, Geomatics Canada
  Earth Sciences Sector
  Natural Resources Canada
  615 Booth Street, Room 557
  Ottawa, Ontario
  K1A 0E9
  Telephone: (613) 995-4572
  FAX: (613) 995-9191
  E-mail: almacleo@nrcan.gc.ca

Footnote a 

S.C. 1998, c. 14

Footnote b 

S.C. 1998, c. 14

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