Vol. 145, No. 26 — December 21, 2011

Registration

SOR/2011-291 December 6, 2011

CANADA LANDS SURVEYORS ACT

Regulations Amending the Canada Lands Surveyors Regulations

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 a), hereby makes the annexed Regulations Amending the Canada Lands Surveyors Regulations.

Ottawa, November 25, 2011

RICK BEAUMONT
President of the Association of Canada Lands Surveyors

The Minister of Natural Resources, pursuant to section 62 of the Canada Lands Surveyors Act (see footnote b), 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, August 1, 2011

JOE OLIVER
Minister of Natural Resources

REGULATIONS AMENDING THE CANADA LANDS SURVEYORS REGULATIONS

AMENDMENTS

1. (1) Paragraphs (d) and (e) of the definition “professional misconduct” in section 1 of the Canada Lands Surveyors Regulations (see footnote 1) are repealed.

(2) Paragraphs (h) and (i) of the definition “professional misconduct” in section 1 of the Regulations are repealed.

(3) Paragraph (k) of the definition “professional misconduct” in section 1 of the Regulations is repealed.

(4) Paragraph (o) of the definition “professional misconduct” in section 1 of the Regulations is repealed.

(5) The definition “professional misconduct” in section 1 of the Regulations is amended by adding the following after paragraph (q):

  • (q.1) failing to attend or produce documents in accordance with a notice issued under subsection 49(3) or (5);

2. (1) Subsection 3(2) of the French version of the Regulations is replaced by the following:

(2) Le membre doit servir le public de son mieux, avec exactitude et efficacité, en vue de la mise en valeur et de la jouissance paisible des terres et des ressources naturelles du Canada.

(2) Paragraph 3(5)(c) of the French version of the Regulations is replaced by the following:

  1. c) ne pas accepter de rémunération de plus d’une source pour le même service sans le consentement de toutes les parties en cause.

(3) Paragraph 3(7)(a) of the Regulations is replaced by the following:

  • (a) assume professional responsibility for all phases of survey work carried out under their supervision;

(4) Paragraph 3(7)(c) of the Regulations is repealed.

(5) Paragraph 3(7)(f) of the Regulations is replaced by the following:

  • (f) report any perceived professional misconduct or incompetence of members to the Registrar;

(6) Paragraph 3(7)(g) of the French version of the Regulations is replaced by the following:

  • g) tenir des dossiers appropriés de ses travaux afin que ses pairs puissent évaluer la qualité de ceux-ci;

(7) Paragraph 3(7)(i) of the Regulations is replaced by the following:

  • (i) avoid misleading and self-laudatory language in their advertising.

3. Subsection 25(1) of the Regulations is replaced by the following:

25. (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.

4. (1) The portion of subsection 26(1) of the Regulations before paragraph (a) is replaced by the following:

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

(2) Subsections 26(2) and (3) of the Regulations are replaced by the following:

(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).

5. Subsection 27(2) of the Regulations is replaced by the following:

(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.

6. Section 28 of the Regulations and the heading before it are repealed.

7. Subsection 29(3) of the Regulations is repealed.

8. Section 32 of the Regulations is renumbered as subsection 32(1) and is amended by adding the following:

(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).

9. (1) The portion of section 33 of the Regulations before paragraph (a) is replaced by the following:

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

(2) Paragraph 33(e) of the Regulations is replaced by the following:

  • (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.

10. Subsection 34(2) of the Regulations is replaced by the following:

(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.

11. Section 35 of the Regulations and the heading before it are repealed.

12. Subsection 44(1) of the Regulations is replaced by the following:

44. (1) Before the holding of a hearing by the Discipline Committee, the Registrar shall serve on the member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of the hearing, and on the complainant, a notice of hearing, signed by the chairperson of the Committee, stating the date, time and place at which the Committee will hold the hearing together with a detailed description of the allegations in respect of which the hearing will be held and a statement of material facts in respect of each allegation.

13. (1) Subsection 49(1) of the Regulations is replaced by the following:

49. (1) A member of the Association, Canada Lands Surveyor or permit holder, whose conduct is the subject of a hearing, and any other person who, in the opinion of the Discipline Committee, has knowledge bearing on the subject matter, may be requested to attend as witnesses in the hearing.

(2) Subsections 49(3) to (5) of the Regulations are replaced by the following:

(3) The attendance of a witness before the Discipline Committee is to be requested by a notice issued by the Registrar, or by the chairperson of the Committee, that states the date, time and place at which the witness is to attend.

(4) A witness — other than the member of the Association, Canada Lands Surveyor or permit holder whose conduct is the subject of the hearing — who has been served with a notice is entitled to be paid the same fees that are payable to witnesses in an action before the Federal Court.

(5) The production of documents is to be requested by a notice issued by the Registrar, or by the chairperson of the Committee, that identifies the documents that are to be produced and the date, time and place at which they are to be produced.

(6) The Discipline Committee may apply to a court of competent jurisdiction

  • (a) to compel the attendance of any witness who is requested to attend but fails to do so; or
  • (b) to compel the production of any documents that are requested and not produced.

14. Section 50 of the Regulations is repealed.

15. Section 56.1 of the Regulations and the heading before it are repealed.

COMING INTO FORCE

16. 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 (the Association) and include requirements for the issuance of a commission, for membership in the Association, for the issuance of licences, permits and liability insurance, and for the operation of complaint and discipline processes. The Regulations also contain provisions pertaining to the code of ethics and professional conduct.

Some of the amendments are made in response to comments received by the Standing Joint Committee for the Scrutiny of Regulations (the SJCSR.)

The amendments do the following:

In light of certain provisions of the code of ethics appearing in section 3, six subsections in section 1 need to be repealed because they are redundant. The repeal of these sections does not limit the scope of the definition of “professional misconduct” because, according to the provisions of paragraph 1(c), failing to comply with the code of ethics of the Association constitutes professional misconduct. Therefore,

  • Paragraph 1(d) is repealed because it duplicates paragraph 3(3)(b);
  • Paragraph 1(e) is repealed because it duplicates paragraph 3(7)(a);
  • Paragraph 1(h) is repealed because it duplicates paragraph 3(3)(a);
  • Paragraph 1(i) is repealed because it duplicates paragraph 3(5)(a);
  • Paragraph 1(k) is repealed because it duplicates paragraph 3(7)(i); and
  • Paragraph 1(o) is repealed because it duplicates paragraph 3(7)(h).

The amendments will add paragraph 1(q.1) which enacts that it is considered professional misconduct when a member, a Canada Lands Surveyor or a licence holder fails to attend or produce documents in accordance with notice issued under subsection 49(3) or (5). This addition relates to the amendment to section 49.

Subsections 3(2) and 44(1), and paragraphs 3(7)(f), 3(7)(g) and 3(7)(i), are amended to eliminate minor inconsistencies between the English and French versions.

The French version of paragraph 3(5)(c) is amended to correct an error. The term “provenant” is not in the correct place and the current version, as worded, does not respect the rules of French grammar. In addition, the current French and English versions do not have the same scope. The English text makes it mandatory to obtain the consent of the parties involved whereas the French text simply makes it mandatory to inform the parties.

Paragraph 3(7)(a) is amended to prevent the repeal of paragraph 1(e) from limiting the scope of the requirement placed on members to assume responsibility for all phases of the work carried out under their supervision.

Paragraph 3(7)(c) is repealed to address concerns raised by the SJCSR, after having decided that it has no practical utility.

Subsection 25(1) is amended to ensure that only members may use the title “arpenteur des terres du Canada” or “Canada Lands Surveyor” or the acronym “A.T.C.” or “C.L.S.”

Section 26 is rewritten to eliminate the transitional clause and to clarify the requirements to be met under paragraph 52(d) of the Canada Lands Surveyors Act in order for the Registrar to issue the licence.

Subsection 27(2) is amended to indicate the conditions for licence renewal.

Section 28 is repealed because the issuance of new licences is covered by section 26.

Subsection 29(3) is repealed because the provision is unnecessary.

Section 32 is rewritten in order to clarify the requirements for permit applications under section 58 of the Act, and under subsection 61(1) of the Act in respect of entities whose permits have been revoked for professional misconduct or incompetence.

Section 33 is rewritten to clarify the minimum requirements for permits under section 58 of the Act, while maintaining the discretionary authority of the Registrar.

Section 35 is repealed because the provision is unnecessary given that section 32 deals with new permit requests.

Section 49 is revised to address concerns raised by the SJCSR regarding the manner in which witnesses and documents may be requested and compelled.

In accordance with the Act, matters relating to the conduct of members, Canada Lands Surveyors and permit holders are addressed by the Complaints Committee; therefore, the Regulations repeal section 50.

Paragraph 31(1)(h) of the Act deals with reimbursement of costs associated with a complaint; therefore, section 56.1 is repealed.

Alternatives

Only regulatory amendments are possible.

Benefits and costs

Amendments to harmonize the French and English versions are absolutely necessary. The other amendments are required to eliminate contradictions between the Act and the Regulations and redundancy within the Regulations in order to advance the efficient and transparent operation of the regulatory scheme. They have no financial impact on the public or the government.

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 persons wishing to become Canada Lands Surveyors. The amendments were presented to members for discussion at the General Meeting held on May 29, 2009. Furthermore, the By-laws and Legislation Committee of the Canada Lands Surveyors Association has examined the proposal to the amendments, and recommended to Council to concur with the amendments. Finally, the proposed amendments were approved by a large majority vote (192-4) of the membership in June 2010. Comments were received from one member of the Association following publication in the Canada Gazette, Part Ⅰ. After a careful review of these comments, the Department and the Association concluded that no changes were required.

Contact

Daniel Fortin, C.L.S., Q.L.S.
Liaison and Coordination
Surveyor General Branch
Earth Sciences Sector
Natural Resources Canada
615 Booth Street, Room 563
Ottawa, Ontario
K1A 0E9
Telephone: 613-944-4515
Fax: 613-992-1122
Email: daniel.fortin@nrcan.gc.ca

Footnote a
S.C. 1998, c. 14

Footnote b
S.C. 1998, c. 14

Footnote 1
SOR/99-142