Bill 101 (Legislature 15, Session 2)

L15 S2 1542

Alberta — Bills

No. 101 2nd Session, 15th Legislature, Alberta 13 Eliz'abeth II BILL 101 A Bill respecting Alberta Land Surveyors HON. MR. HOLOWACH Printoo by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill repeals and replaces The Alberta Land Surveyors Act, R.S.A., 1955,

chapter 169, which was originally passed in 1910. Generally, it deals with the management and functions of the Alberta Land Surveyors' Association and the qualifications and professional conduct of Alberta Land Surveyors. It confers on Association members the exclusive right to practise as Alberta land surveyors. 2.

Definitions. 3. The present

section 4 revised to continue the present Associa tion as a corporation. 4. Powers of Association. The present

section 5 revised. 5. Application of funds. The present sections 48 and 49 revised.

BILL No. 101 of 1965

An Act respecting Alberta Land Surveyors (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of ALberta, enacts as follows: 1. This Act may be cited as "The Alberta Land Surveyors Act, 1965". 2. In this Act, (a) "active member" means a member other than an inactive memher or a suspended member; (b) "Association" means the Alberta Land Surveyors' Association; (c) "Co-ordinating Council" means the Co-ordinating Council of the University of Alberta; (d} "council" means the Council of Management of the Associa tion ; (

e) umember" means a person registered as a member of the Association; (/) "prescribed" means prescribed by the by-laws of the Association; (g) "register" means the Alberta Land Surveyors' Register. The Association 3. The Alberta Land Surveyors' Association as hereto fore constituted is continued as a body politic and corpor ate. 4. The Association may (

a) acquire and hold real property and sell, lease or otherwise dispose of its real property or any part thereof, and (

b) may borrow money for the purposes of the Associ ation and may mortgage or charge property of the Association or its sources of funds as security for moneys borrowed. 5.

(1) All fees, levies and fines payable to the Associ ation under this Act

8. The present

section ,6 revised. The by-laws of the Association will now require approval of the Lieutenant Governor in Council. 2

(

a) may be recovered as debts due to the Association, and (

b) s~all belong to and shall be expended by the ASSQci atI'On for the purp'Oses and uses authorized by this Act. (2) 'The council may in the name of the Association invest any sum not required by the Association for its immediate purposes in such securities as are approved fQr the invest ... ment of trust funds under The Trustee Act.

(3) Any income derived from (

a) any sums so invested, (

b) the sale of publicati'Ons of the AssQciation, (

c) any donations, grants or bequests of money made to the AssociatiQn, and (

d) any other sources, shall be added to and accounted for as part of the ordinary income of the AssQciation.

(4) The Association may use any of its surplus funds .or invested capital f'Or (

a) the rental or purchase .of land or premises, (

b) the building of premises to serve as offices, lecture r'Ooms or libraries, (

c) the printing and publication of a }'and surveying manual or any other book or periodical containing material relating to land surveying, (

d) the purchase of furniture and office equipment, and any b'Ooksand periodicals to be placed in .a, lihrary for the use of members and articled pupils, and (

e) any .other purpose of benefit to the Association .or for the furtherance of the practice of land sur veying.

(5) The Secretary-Treasurer shall enter in books to be kept for that purpose a true account of all ,sums of money received and paid by the AssQciation under this Act.

(6) The books and accounts shall be audited by the audi tors and submitted to the council or the Association at such time or times as the council or the Association may require. 2 6.

(1) The Association may make by-l'8ws (

a) for the government and discipline of its members and 'Of articled pupils, (

b) for the management of the Association, its property and funds, (

c) prescribing the registration fees, annual fees and other fees payable to the Association, (

d) for the m'aintenance of the AssociatiQn by an annual levy upon the members not to exceed in any year the sum of fifty dollars on each member,

7. Association meetings. The present

section 18 revised. 8. New. Officers of the Association. 3

(

e) respecting the calling and conduct of its meetings and the meetings of the council, (

I) respecting the time and place of the annual meeting and special meetings of the Association and the notice necess,ary therefor, (

g) prescribing the manner of proof of good character of candidates for registration as members, (

h) prescribing forms to be used for any purpose under this Act or the by-laws, (

i) pr,escribing the information that may be entered in the register with respect to a member, (

j) prescribing the rights of inactive members, (

k) respecting the transfer of articles of service, and (

l) generally, providing for any other matter pertain ing to the management of its affairs and the exer cise of its powers and duties.

(2) No by-laws made under this Act are valid until they are (

a) ratified by a maj ority vote of the members of the Association in attendance at an annual meeting or at a special meeting called for that purpose, and (

b) approved by the Lieutenant Governor in .council. 7.

(1) A general meeting of the members of the Associ ation shall be held at least once in every year and not later than the last day of April. .

(2) A special meeting of the Association shall be held at the call of the council or upon petition signed by not less than fifteen active members of the Association and delivered to the Secretary-Treasurer.

(3) A special meeting called by the council shall be held on such date and at such place as the council determines or, if called for upon petition, at such place as the President shall determine and within sixty days of the date of receipt of the petition by the Secretary-Treasurer.

(4) Notice of every meeting of the Association shall be given by the Secretary-Treasurer to each memher of the Association showing the date, time and place of the meeting at least twenty-one days before the date of the meeting. 8.

(1) The officers of the Association are the President, the Vice-President, the Secretary-Treasurer, the Registrar and the auditors.

(2) The offices of Secretary-Treasurer and Registrar may be held by the same person.

(3) The Vice-President shall be the Acting President if the President is absent or unaJble to act.

(4) A mapority of the council may appoint one of their numher as Acting President if both the President and the Vice-President are absent or unable to act. 3

9. Honorary and life members. 10. The present

section 7, subsection (1) revised to include the immediate past President. 1 I. The present

section 8 substantially revised. 4

(5) The Acting President has the powers and shall per form the duties of the President.

(6) Where the Secretary-Treasurer or the Registrar is absel!t or for any reason unable to act, the President may apPoInt any other member as Acting Secretary-Treasurer or Acting R.egistrar, as the case may be, and that member, when so actIng, has the powers and shall perform the duties of the officer for whom he acts. 9. (1) 'The Association may by resolution (

a) appoint as a life member of the Association a person who has been a member for at least thirty-five years, and (

b) appoint as an honourary member of the Association a person who is not a member.

(2) An honourary member shall not be registered as a member of the Association.

(3) A life member shall not be required to pay any annual fee or any levy payable to the Association. The Council 1.0.

(1) There shall be a Council of Management of the Association which shall consist of the President, the Vice President, the immediate past President and six active members of the Association.

(2) The term of office of a member of the council other than the President, Vice-President or immediate past Presi dent shall be two years. 11.

(1) The council shall manage and conduct the busi ness and affairs of the Association generally 'and may exer cise the powers of the Association. 4

(2) The council shall (

a) appoint from its number such standing or special committees as it considers necessary and prescribe their terms of reference, (

b) control the expenditure, investment and use of the funds of the Association, (

c) appoint the Secretary-Trea.surer and the Registrar, (

d) prescribe those duties to be performed by the Sec retary~Treasurer and the Registrar which are not expressly specified by this Act, and the duties to be performed by any other officer of the Association, and (

e) present to the annual general meeting of the Associ ation a report on the operation of the Association, which shall be prepared from the minutes of all meetings of the council held during the preceding year.

12. Elections and election by-laws. 13. New. Petition to Supreme Court as to validity of election. This now conforms to most of the other professional Acts. The present

section 16 permits the council members "duly elected" to decide the legality of elections in cases of doubt or dispute. 5

(1) At each annual meeting of the Association an election shall be conducted in accordance with the by-la~s to elect the President, the Vice-President, three members of the council and two auditors, all of whom shall be active members.

(2) The Association may make by-laws governing the election and such by-laws may (

a) provide the procedure for the nomination of candi dates, (

b) provide for the appointment or designation of pre siding officers for the election, (

c) prescribe the forms to be used, (

d) prescribe the procedure to be used in the holding of elections and for determining the persons elected, and (

e) define acts that constitute offences in connection with elections.

(3) Only active members are entitled to vote at an elec tion. 13.

(1) A member of the Association may dispute the validity of an election under

section 12 or the validity of the election of one or more of the persons declared elected by petition to the Supreme Court filed within thirty days of the date of the election.

(2) The petition shall be heard by a judge of the Supreme Court in chambers in a

summary way.

(3) Where it appears to the judge that the election or the voting was conducted SUbstantially in accordance with the requirements of this Act and the by-laws and that the non-compliance, violation, mistake or irregularity did not materially affect the result of the election or the voting, he may adjudge the election or the voting to be valid.

(4) Where the judge decides that the election is invalid, he shall (

a) give directions as to the holding of another election, and (

b) direct that the per~ons who held ~ffice .imme~iately prior to the electIon shall contInue In offIce or resume their offices until that election.

(5) Where the judge decides that the election of one or more but not all of the persons declared elected is invalid, he shall (a) (

b) direct the rema.ining members of the council to appoint another or others in his or their stead until the next annual election, or give directions as to the holding of another election to fill the vacancies and the terms for which they shall be elected. 5

14. The matter of examinations, etc. is presently dealt with in sections 19, 20 and 21. 15. Qualifications to enter into articles. The present sections 22, 23 and 24 (1) revised. 16. Articles between a member and a pupil. The present

section 24, subsections (3) and (4) revised. 6

(6) The decision of the Court is final and the costs of the proceedings shall be in the discretion of the judge. Examinations 14.

(1) The examination of candidates for admission as articled pupils or registration as members shall be under the control of the Co-ordinating Council, which shall pre scdbe the subjects of all examinations.

(2) The Association may enter into arrangements with the Go-ordinating Council for conducting the examinations. Articled Pupils 15.

(1) A person shall he qualified to enter into articles of service with a member if (

a) he is at least eighteen years of age, (

b) he has passed the examinations prescribed by the Co-ordinating Council, unless the examinations are waived by it, and (

c) he complies with subsection (2) and pays to the Association any prescrihed fees.

(2) Each person who proposes to enter into articles of service with a member shall (

a) give six weeks' notice to the Co-ordinating Council of his intention to present himself as a candidate for examination and pay to the University its required examination fee, or (b) ,apply to the Co-ordinating Council to have the examinations waived and pay to the University its required fee.

(3) No articles of service shall be entered into unless (

a) the pupil is qualified under subsection (1), and (

b) the member is an active menlber actually engaged in practice as an Alberta land surveyor and has so practised for a period or periods totalling not less than two years.

(4) A member shall not enter into articles with more than one new pupil in the course of each year. 16.

(1) An articled pupil shall, within two months after the execution of the articles, file one copy thereof with the Secretary-Treasurer together with the prescribed regis tration fee.

(2) Articles shall be in the form prescribed by the by laws.

(3) If subsection (1) is not complied with, the term of service under articles shall commence from the date on which the articles and the fee are received by the Secretary Treasurer instead of from the date of excution thereof. 6

17. Educational leave to pupil. The present

section 27 revised. 18. New. Termination of articles. 19. Transfer of articles. The present ,sections 31 and 32 revised. 20. The present

section 26 revised. 21. The present sections 25 and 28 revised. 7

(1) An articled pupil may, with the permission of the member to whom he is articled, attend the University of Alberta or any Canadian university, college or technical school .f~r the purpose of taking a, course of study that, in th~ !>pll~IOn of the Co-ordinating Council, provides suitable tUItIOn In any of the subjects required in the examination for registration as a member.

(2) The periods of time during which the taking of the course of study requires the pupil to a;bsent himself from service with the member shall not be reckoned as part of the term of articled service. 18.

(1) If an articled pupil leaves the service of the member to whom he is articled or if, through any wilful breach thy the pupil of his obligations under the articles the member considers that the articles should be terminated, the council, upon report by the member and after a hearing of which the member and the nupil are notified, may order that the articles be terminated.

(2) W,hen the service of an articled pupil is terminated by mutual consent of the member and the pupil, the member shall so inform the ISecretary-Treasurer by means of a letter signed by the member and the pupil. 19.

(1) An articled pupil may be transferred from the service of one member to another in accordance with the by-laws. (2) !Subject to the by-laws, when a member dies, leaves the Province, is suspended or struck off the register or ceases to practise, the articled pupil of that member may complete his term of articled service with another member. Educational Qualifications of Candidates for Registration 20. A person has satisfactory educational qualifications for registration as a member if he (

a) has passed the examinations prescribed by the Co-ordinating Council, and (

b) has served under articles of service in accordance with this Act for not less than three years, of which at least twelve months have been in actual practice in the field. 21.

(1) Subject to su?s.ecti?n (2), a pe:son ~as satis factory educational qualIfIcatIons for regIstratIon as a member if (

a) he is authorized to survey lands under the pro visions of the Canada Land Surv.eys Act or an ~ct of a province of Canada governIng the profeSSIon of land surveyors, and (

b) in becoming so authorized, he has (

i) served a term under articles to a surveyor sim- 7

22. The present

section 29 revised. 23. The present

section 30 revised. 8

ilar to the term prescribed by clause (

b) of

section 20, and (ii) passed ,examinations in academic and techni cal subjects relating to surveying that are, in the opinion of the Co-ordinating Council com parable in scope and standard to the ex~mina tion in such subjects prescribed under clause (

a) of

section 20, except for subjects relating to Alberta statutes and regulations, and (

c) he has passed the examinations prescribed by the Go-ordinating Council on subjects relating to Al berta statutes and regulations. (2:) If the service performed or the subjects of the ex aminations taken outside Alberta by a candidate for ad m'ission under this

section are, in the opinion of the Co-ordi nating Council, not sufficiently similar in scope and stand ard to those prescribed under

section 20, it may (

a) examine him in any other subjects prescribed by it, or (

b) require the candidate to complete a further specified term of service under articles to a member and to pass such further examinations as it may prescribe. 22. A person has satisfactory educational qualifications for registration as a member if (

a) he has been authorized under any staute, ordinance or regUlations in that behalf as a surveyor of public or Grown lands in any country, state, province or territory of the British Commonwealth other than the provinces and territories of Canada, (

b) he has had, either as a surveyor or as a pupil to a surveyor, at least two years of practice and training in land surveying, of which at least six months has been in actual practice in the field, (

c) he has also served under articles of service with a member for not less than one year, of which at least six months has been in actual practice in the field, (

d) he has passed the examinations prescribed by the Co-ordinating Council on subjects relating to Al berta statutes and regulations pertaining to land surveys, and (

e) he has passed any examinations prescribed by the Co-ordinating Council on any other subjects except those in respect of which examination is waived by the Oo-ordinating Council. 23.

(1) A person has satisfactory educational qualifica tions for registration as a member if 8 (

a) he has successfully completed in any university or college a regular course of study of at least three

24. New. 25. The present

section 33 revised. 9

years in the technical and academic subjects in which candidates for admission are required to be examined under

section 20, (

b) he has served a term or terms totalling not less than one year under articles of service in accordance with this Act of which at least six months has been in actual practice in the field, and (

c) he has passed the examinations prescribed by the Co-ordinating Council.

(2) The Co-ordinating Council shall decide whether the course of study in the university or college meets the require ments of clause (

a) of subsection (1), and, if it decides that it does not, may (

a) refuse any application for examination under this ,section, or (

b) require the candidate to serve a longer term under articles than is specified in clause (

b) of subsection (1) or vary the examination requirements under clause (

c) of subsection (1).

(3) A person who has successfully completed the first two years of a course of study that is approved by the Co ordinating Council for the purpose of clause (

a) of sub section (1) may then commence the term of articled service required under clause (

b) of subsection (1), and such per iods as he thereafter serves as an articled pupil shall be recognized as part of the service required under the said clause (b).

(4) If a person who com'mences his articled service as provided by subsection (3) does not successfully complete the course of study required by clause (

a) of subsection (1), his term of articled service under clause (

b) of subsection ( 1) and the period of field practice required of him shall be of such longer duration as the Co-ordinating Council re quires instead of the term and period specified in the said clause (b). 24. Any person has satifactory educational qualifications for registration as a memher if (

a) he has successfully completed a two-year course of study and training in surveying at a provincial In stitute of Technology in Alberta and has been granted a diploma by the Institute, (

b) he has served a term or terms totalling not less than two years under articles with a member, including at least twelve months of actual practice with him in the field, and (

c) he has passed the examinations prescribed by the Co-ordinating Council. 25.

(1) Every person who wishes to take any examina tions required under

section 20, 21, 22, 23 or 24 shall 9

26. The present

section 34 revised. 27. New. 28. New. 10

(

a) apply to the Co-ordinating Council at least six weeks before the date when he proposes to submit himself for examination, (

b) file with the Co-ordinating Council such credentials as are required by the by-laws to verify his service under articles and his qualifications for admission to the examination, land (

c) pay to the University its required fee.

(2) Where a person seeks to qualify under

section 22, his application to the Co-ordinating Council may include a request for the waiver of the examinations in any or all of the prescribed subjects other than the subjects relating to Alberta statutes and regulations. 26.

(1) When a candidate applies for examination as provided in

section 24, the Co-ordina ting Council shall notify the Secretary-Treasurer of the application.

(2) Upon being notified of an application, the Secretary T'reasurer shall make a report to the Co-ordinating Council as to (

a) those portions of his service under articles and actual field practice performed by the candidate prior to the date of the examination, (

b) the validity of the credentials presented by the candidate in support of an application for eX!amina tion under

section 21 or 22, (

c) the sufficiency of the training and practice in land surveying of a candidate for examination under

section 21 or 22, and (

d) the term of articled service and the period of field practice that should be required of a candidate pur suant to clause (

b) of subsection (2) of

section 21 or clause (

b) of subsection (2) of

section 23.

(3) When a candidate for membership has passed his prescribed examinations, the Co-ordinating Council shall issue to him a certificate to that effect and shall forward a copy thereof to the Registrar. 27. The Co-ordina ting Council shall decide any question that arises as to the qualifications of a candidate for exami nation under this Act or as to his compliance with any re quirement made by the Co-ordinating Council in respect of examinations or articled service. 28.

Where a candidate for membership has served the required term under articles but has not passed the exami nations. prescribed by the Co-ordinating Council, he shall, unless the council otherwise directs, continue to serve under the articles until he has passed the examinations. 10

29. The present

section 40 revised. 30. The present sections 35 and 37 revised. 31. New. 32. New. 11

Registration 29. The Registrar shall keep and maintain a register called the "Alberta Land Surveyors' Register" in which shall be registered the names of all persons entitled to regis tration as members of the Association and such other in formation with respect to each member as the by-laws pres'crihe. 30. The Registrar shall register a person as a member of the Association if he receives in respect of that person (

a) proof that he is at least twenty-one years of age, (

b) proof of his good character, (

c) the certific1ate of the Go-ordinating Council issued under ,subsection (3) of

section 26, (

d) if he has been required to serve under articles with a member (

i) a certificate as to his service in the form pre scribed by the by-laws and m'ade by the member with whom he served under articles, and (ii) an affidavit by the member in the form pre scribed by the by-laws stating the particulars of his actual field practice in such detail as the Registrar requires, (

e) proof that he has taken and subscribed before a judge of the 'Supreme Court of Alberta or a district court the oath of allegiance and the official oath prescribed by The Oaths of Office Act, and (

f) the prescribed application and registration fee and, unless he elects to be an inactive member, the annual fee and the annual levy, if any, for the current year. 31. The Registrar may refer an application for registra tion to the council and thereupon (

a) the council shall consider the documents presented to the Registrar under

section 30 and decide whether they are sufficient or not, and (

b) direct the Registrar to register or refuse to register the candidate, as the case may be. 32.

(1) A member or a person entitled to be registered as a member may by a notice filed with the Registrar elect to be registered as an inactive member, and an entry to that effect shall be made in the register.

(2) An inactive member is not entitled to (

a) vote at a meeting of the Association, or (

b) be elected or appointed as an offic~r of the Associ ation or as a member of the councIl, and has only those rights given to inactive members by the by-laws. 11

33. New. Resignation subject to council approval. 34. The present

section 41 revised. 35. Sections 43 and 44 revised. 38. New. 12

(3r'An honourary member of the Association is not entitled to (

a) vote at a meeting of the Association, or (

b) be elected or appointed as an officer of the Associ ation or as a member of the council, or (

c) he registered as a member, and has only those rights given to honourary members by the by-laws. 33. No member may resign from the Association unless his resignation is submitted to and approved by the council. 34.

(1) When an inactive member or a former member wishes to be registered as an active member, he shall (

a) apply to the Registrar, and (

b) pay to the Association (

i) the annual membership fee and the annual levy, if any, for the current year, and (ii) in the case of a former member, the inactive membership fee for each year intervening be tween the year for which he last paid an annual membership fee and the year in which the 'application is n1ade.

(2) This

section does not apply where a person is a former member by reason of having been struck off the register upon the order of the council. 35. The Registrar shall (

a) not later than the first day of March in each year (

i) prepare an annual membership list showing the names and addresses of all active members registered as of the preceding first day of February, and (ii) send a copy of the list to each member and to the Director of Surveys and each Registrar of Land Titles, and (

b) keep the register at his office for public inspection without charge. 36. When a person is registered as an active member after the annual membership list is sent out and before the next first day of February, the Registrar shall 12 (

a) prepare a supplement to the annual membership lis~, showing his name and address and the date of hIS registration, and (

b) send a copy thereof to the Director of Surveys and each Registrar of Land Titles, and (

c) send to him a copy of the current annual member ship list and supplement.

31. New. Suspension for non-payment of fees, levy or fine. 38 to 52. These provisions are a revision of the present sections 38 to 38s dealing with discipline. The effect is to bring the pro cedures more in line with other professional Acts. Clause 38 is the present

section 38n in part and

section 51, revised. Clauses (e), (

f) and (

g) are new. 39. New. 13

37. The council may, without notice, suspend a member who is in default of payment for a period of at least three months of an amount owing by him to the Association as an annual memhership fee or levy or as a fine and upon pay_ ment of the amount owing and a fee of five dollars, the suspension by reason of the default is thereby cancelled. Discipline 38.

(1) The council may order (

a) the name of a member to be struck off the register, or (

b) the susp-ension of a member for a fixed period, or (

c) the imposition of a fine against a member not ex ceeding five hundred dollars, where that member is found by the council to be guilty of conduct unbecoming an Alberta land surveyor.

(2) The question of whether a member is guilty of con duct unbecoming an Alberta land surveyor shall be deter mined by the council or, on appeal, by the Supreme Court.

(3) For the purposes of this Act, the following acts are deemed to be conduct unhecoming an Alberta land surveyor: (a) 'any act or conduct that is inimical to the best inter ests of the public or the members of the Association; (

b) acting as a professional agent of a person not duly qualified to practise as a land surveyor; (

c) using or suffering his name to be used in any such agency; (

d) doing any act or affording -any means (

i) tha t is calcula.ted to, or does, or may lead the the public or a person to believe that a person who is not a me·mber is entitled by law to prac tise as a land surveyor, or (ii) tending to enable a person who is not a member to practise in any respect as an Alberta land surveyor or to be paid any fee or sum of money for the performance of any survey; (

e) falsely certifying as to the service under articles of a pup.il when such service has not been actually and bona fide performed in the manner required by this Act and in accordance with the articles; (

f) failing or neglecting to instruct -an articled pupil in the practice of land surveying in the manner required by the terms of the articles entered into by him; (

g) the contravention of any provision of this Act or the by-laws. 39. The Association may make by-laws (

a) providing for the preliminary investigation of com- 13

40. 'The present

section 38 with the addition of a new subsection (4). 41. New. 42. New. 14

plaints ~,gainst members and prescribing the powers and dutIes of the member or members appointed to conduct the investigation, (

b) s?b~ec~ to this . Act, gov~rning proceedings of the dIscIplIne commIttee appoInted under

section 40, and (

c) governing proceedings before the council in matters pertaining to discipline. 40.

(1) The council shall from time to time appoint from its own number a committee of not less than three members to be known as the "discipline committee" and shall designate its chairman.

(2) Three members of the discipline committee constitute a quorum.

(3) The council may at any time alter the number con stitution, and tenure of office of the discipline committ~e.

(4) The discipline committee, subject to the provisions of this Act and the by-laws of the Association, may regulate (

a) the convening, notice, place, management, conduct and adjournment of its meetings, (

b) the mode of deciding questions, (

c) its rules of procedure and evidence, and (

d) generally, the transaction and management of its business. 41.

(1) The chairman of the discipline committee shall review all complaints received against members of the As sociation and shall either (

a) direct that the complaint be dealt with by the dis cipline committee, or (

b) direct that a preliminary investigation be held regarding the complaint in accordance with the hy-laws, or (

c) direct that no further action be taken, if he is of the opinion that the complaint is frivolous or with out basis or, if proven, would not constitute conduct unhecoming an Alberta land surveyor.

(2) Upon receiving the report of a preliminary investiga tion, the chairman of the discipline committee shaII either (

a) direct that the complaint be dealt with by the dis cipline committee, or (

b) direct that no further action be taken, if he is of the opinion that the complaint is frivolous or with out basis or, if proven, would not constitute con duct unbecoming an Alberta land surveyor. 42. Where the chairman of the discipline committee di rects, pursuant to subsection (1) ?r (2) of sec.tion 41, that no fuvther action be taken regardIng a complaint, the com plainant may appeal his direction to the council who may 14

43 New. 44 The present sections 38e, 38e and 38k revised. 45. New. 46. The present

section 381 revised. 15

make any direction regarding it that the chairman could have made under either of those subsections. 43.

(1) Where the chairman of the discipline committee or the council directs that a complaint is to be dealt with by the discipline committee under this Part, (

a) the chairman shall direct the Secretary-Treasurer to lay a charge of conduct unbe'coming an Alberta land surveyor against the member concerned con taining particulars of the complaint, and (

b) the charge shall be heard by the discipline com mittee. 44.

(1) The discipline committee shall inquire into the charge against the member.

(2) At least ten days' notice of the date, time and place of the meeting of the discipline committee for the hearing of the charge shall be served on the member charged.

(3) The notice shall contain a copy of the charge th~t forms the subject of the inquiry.

(4) If the member charged does not attend, though noti fied, the committee may proceed in his absence.

(5) The meetings of the committee shall be held in camera. 45.

(1) The member charged may be represented by counsel.

(2) The evidence of the witnesses shall be taken under oath.

(3) Any member of the committee may administer oaths to witnesses.

(4) There shall be full right to cross-examine all wit nesses called, and examine all documents and reports, and to adduce evidence in defence and in reply. 46.

(1) For the purposes of an investigation by the discipline committee, the discipline committee m1ay summon witnesses and require them (

a) to give evidence before it, and (

b) to produce such docu~ents and t~ings ~s t~e dis cipline com,mittee requIres for the InvestIgatIOn.

(2) A witness (

a) who fails (

i) to attend before the discipline committee in obedience to a notice to attend, (ii) to produce any books, papers or other docu ments in obedience to a notice to produce the~ or (iii) in any way to comply with either such notice, or 15

47. New. Equivalent to the present 'Section 38m. 16

(b) ,,:,ho refuses to be sworn or to ans,wer any question dIrected to be answered by the chairman of the discipline committee, is liable to attachment upon application to a judge of the Supreme Court and may be punished as for contempt of that Court.

(3) Where the witness referred to in subsection (1) is the member charged, his failure or refusal may be held to be conduct unbecoming an Alberta l'and surveyor.

(4) Witnesses are entitled to the same allowances as witnesses attending up'on the trial of an action in the Supreme Court.

(5) Testimony may be adduced before the committee in such manner as the committee deems proper and the com mittee is not bound by the rules of law concerning evidence applicable to judici1al proceedings.

(6) A member whose conduct is being investigated by the discipline committee is a compellable witness and may be examined on oath on all matters relevant to the charge and shall not be excused from answering any question on the ground that the answer (a), might tend to criminate him, (

b) might subj ect him to punishm·ent under the dis ciplinary provisions of this Act, or (

c) might tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, or (ii) to prosecution under any statute, but the ans/wer so given, if it is such as tends to criminate him, shall not be used or received against him in any civil proceedings or in any proceedings under any other Act of the Province. 47.

(1) The committee shall report in writin~ to .the council giving a

summary of the evidence adduced, Its fInd ings and such recommendations as it deems advisable.

(2) The absence of one member of the committee during the investigation does not invalidate the report.

(3) Upon considering the report of the committee, the council shall dismiss the complaint or make an order under sulbsection (1) of

section 38. ( 4) Any member of the council who has been a member of the committee investigating the particular charge shall not participate in any proceedings of the council relating to that charge. ( 5) A copy of the order, with the council's findings and reasons, shall be served upon the member charged. 16

48. New. 49. The present

section 38s revised. 50. The present

section 380, subsection (1) and 38p, in part, revised. 51. The present sections 380, subsection (2) and 38p, subsection ( 1) revised. 17

(1) When the council finds the member charged to be guilty. of conduct unbecoming an Alberta land surveyor, it may dIrect that the costs of and incidental to the inquiry be paid by that member.

(2) When the complaint is dismissed on the ground that it is frivolous or vexatious, the council may order the pay ment by the Association or the person making the complaint of such costs as it considers just to the member charged.

(3) Any costs that are not ordered to be paid by the member charged or by the person who made the complaint shall be borne by the Association. ( 4) After taxation of the costs of the taxing officer of the Supreme Court at Edmonton or Calgary, execution may issue out of the Supreme Court for the recovery thereof in like manner as upon a judgment in an action in that Court. (5) 'The costs to be taxed and allowed shall, as far as practical, be the same as the like costs in an action in the Supreme Court. (6 ) The taxing officer may also allow such fees and dis bursements for work done or proceedings taken before notice of complaint ;as he deems just. 49.

No action lies against the Association, the council or the discipline committee or any member thereof or any person conducting a preliminary investigation for any act done in proceedings taken in good faith or orders made or enforced under the disciplinary provisions of this Act or the by-laws. 50.

(1) A member who has been found guilty of conduct unbecoming an Alberta land surveyor may app'eal to the Supreme Court by originating notice of motion (

a) from the finding of guilt, or (

b) if an order has been made against him under sub section (1) of

section 38, from the finding of guilt and the order or from the order only.

(2) The Registrar, upon the request of any person desir ing to appeal, shall furnish him with a certified cop¥ of all proceedings, reports, orders and. papers upon ~hIch the council acted in making the order appealed agaInst.

(3) Notice of the appeal shall be given to the Registrar. 51.

(1) The judge hearing the motion shall consider (

a) the proceedings before the committee and the evi dence taken, (

b) the report of the com'mittee, and (

c) the order of the council, if any, certified by an officer of the Association.

(2) The judge may 17

52. Cf. the present sections 38g and 38r. 53. The present

section 3 revised to include reference to Th'e Public Lands Act. These exceptions are made due to the common practice of having oil and gas well site locations surveyed by pro fessional engineers. Mine surveyors are also now included. 18

(

a) receive further evidence by 'oral examination or by affidavit, or (

b) direct a trial to determine any or all of the matters in issue.

(3) The judge on the hearing of the appeal may, as the case may be, (

a) confirm the finding of guilt, or (b) ·confirm the order to the council made under sub section (1) of

section 38, or (

c) order that the appellant be reinstated as a member of the Association, or (

d) cancel, reduce or lengthen the appellant's suspen sion from practice, or (

e) cancel, decrease or increase the fine imposed by the council, or (

f) make any order in substitution for the order of the council under subsection (1) of

section 38, or (

g) cancel or vary any order of the council under sec tion 48 as· to costs, or (

h) make such other order as to the judge seems just, and award costs in his discretion. 52. Except during the period that an appeal is pending before a judge, the council at any time may (

a) order the restoration to the register of the name of a person whose name has been struck off, or (

b) cancel or reduce the period of suspension of a person from practice, upon such terms and conditions as the council deems just. Offences and Penalties 53.

(1) No person within the Province shall act as a surveyor of any land other than land of the Crown in ri!fht of Canada unless he is registered under this Act as an actlve member of the Association. 18

(2) This

section does not apply to a person who is I (

a) authoriz·ed to act as a surveyor of land by the pro v-isions of (b) (

i) The Oil and Gas Conservation Act or regula tions thereunder, or (ii) The Right of Entry Arbitration Act or the rules of procedure and practice of the Board of Arbitration thereunder, or (iii) regulations under The Public Lands Act, or authorized to survey mines within the meaning of The Coal Mines Regulation Act by reason of being the holder of a mine surveyor's certificate under that Act.

54. The present

section 42 (1) revised. 55. The present sections 3 (2) and 42(2) revised. 56. The present 'sections 45 and 46 revi5;ed. 57. The present

section 43, subsection (2) revised. 19

54. No person, other than a member shall take or use the name or title of "Alberta land surv~yor" either alone or in combin~tion wit~a;ny other wor.d ?r ~ords, or any other name, tItle, descrIptIOn or abbrevIatIon implying that he is a member of the Association or entitled by law to prac tise as an Alherta land surveyor. 55. A person who contravenes

section 53 or 54 is guilty of an offence and liable on

summary conviction (

a) for a first 'Offence to a fine of not more than one hundred dollars and in default of payment to im prisonment for not more than thirty days, (

b) for a second offence to a fine of not more than three hundred dollars and in default of payment t'O imprisonment for not more than sixty days, and (

c) for a third or subsequent offence to imprisonment for not more than three months. 56.

(1) If the Registrar (

a) wilfully makes or causes or allows to be made any falsification in any matters relating to the register or the annual membership list, or (

b) wilfully omits to make an entry therein that should be made, he is guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and in default of payment to imprisonment for a term of not more than six months.

(2) A person who wilfully procures or attempts t'O pro cure registration under this Act by making or producing or causing to be produced or made a false or fraudulent repre sentation or declaration either orally or in writing is guilty 'Of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and in default of pay ment to imprisonment for a term of not more than six months.

(3) An ·entry in the register or in the annual me.mbership list that is proved to the satisfaction of the councIl to have been fraudulently or incorrectly made or omitted shall be removed from, added to or amended in the register or list accordingly as the council may order. Miscellaneous 57. In any action, proceeding or prosecution a certificate signed by the Registrar sh~ll be. admitted in ~vide~ce as prima facie proof of the regIstratIOn or non-regIstratIon of any person as a member of the Association or. of. the s~spen sion from practice of a member of the ASSOCIatIon, WIthout proof of the office or signature of the Registrar. 19

58. The present

section 47 revised. 59. New. 60. 'Transitional. 61.

Chapter 169 of the Revised Statutes is repealed. 62. Commencement of Act. 20

(1) U?less otherwise provided in this Act or the by laws, any notIce or other document that mayor is required to be served under this Act, may be served by mail.

(2) A notice or other document may be served on the Association or the council by serving it on an officer of the Association or a member of the council.

(3) A letter containing a notice or other document served on a member by mail is sufficiently addressed if it is addressed to him at the address indicated for him in the register. 59. Nothing in this Act applies to or affects a profes sional engineer registered as such under The Engineering and Related Professions Act in the practice of his profession. 60. Upon the commencement of this Act (

a) the "Surveyors' Register" under the former Act becomes the register under this Act, (

b) the members, officers, council and committees of the Association under the former Act continue, respectively, subject to this Act, to be the members, officers, council and committees of the Association under this Act, and (

c) proceedings or appeals pertaining to discipline com menced under the former Act shall be continued as if it had not been repealed. 61.. This Act repeals and replaces The Alberta Land Sur veyors Act. 62. This Act comes into force on the first day of January, 1966. 20

No. 101 SECOND SESSION FIFTEENTH LEGISLATURE 13 E:LIZABETH II 196'5 BILL

An Act respecting Alberta Land Surveyors Received and read the First time ............ . Second time ......... Third time ......................................... . HON. MR. HOLOWACH Title: 1965 (15th, 2nd) Bill 101,

An Act respecting Alberta Land Surveyors

Document details

Collection	Alberta — Bills
Citation	L15 S2 1542
Type	bill
Volume / chapter	L15 S2 1542
Language	en
Format	json
Source	PROVINCIAL
Identifier	7f7ca9373cc407dfd4f6701f8c42ced777242121

Source file is stored in the law ingest library (json).