Surveyors Regulations
N.S. Reg. 308/2013
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
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Part II .
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Land Surveyors Regulations
made under subsection 12(1) of the
Land Surveyors Act
S.N.S. 2010, c. 38
O.I.C. 2013-337 (September 10, 2013), N.S. Reg. 308/2013
as amended by O.I.C. 2014-58 (February 25, 2014), N.S. Reg. 32/2014
Table of Contents
Citation
Definitions
Council and Executive
Composition of Executive
Composition of Council
Registration
Board of Examiners
Information in Register
Categories of membership
Waiver of registration or roster requirements
Criteria for registration and entry in candidate roster
Privileges of members in candidate roster
Criteria for registration and entry in active membership roster
Additional criteria for applicants not currently registered in another Canadian jurisdiction
Additional criteria for applicants registered in another Canadian jurisdiction
Privileges of members in active membership roster
Conditions imposed on membership
Other categories of membership
Term and renewal of membership
Member removed from applicable roster for non-renewal
Articles
Registration Appeal Committee
Procedure for appeal to Registration Appeal Committee
Disposition by Registration Appeal Committee
Composition of Complaints Committee
Professional Conduct
Referral to Complaints Committee
Authority to dismiss without investigation
Investigating complaint
Additional information to Complaints Committee
Complaints Committee disposition of complaint
Compliance with requirements of Complaints Committee
Complaints Committee retains jurisdiction
Composition of Hearing Committee
Notice of hearing
Amendment of notice of hearing
Preparing and tendering settlement proposals
Complaints Committee actions when settlement proposal referred
Hearing Committee actions when settlement proposal referred
Settlement proposals and hearings
Consent revocation
Public notice of hearing
Attendance at hearing
Hearing procedure
Compliance with requirement of Hearing Committee
Respondent’s failure to attend hearing
Subpoenaed witness fees
Recording evidence at hearing
Preservation of evidence
Disposition by Hearing Committee
Written decision of Hearing Committee
Disclosing and publishing decisions and registration sanctions imposed without hearing
Disclosing and publishing decisions and registration sanctions imposed through hearing
Costs awarded after hearing
Applying for reinstatement
Investigation on reinstatement application
Notice of reinstatement proceeding
Attendance at proceeding for review of reinstatement application
Reinstatement proceeding procedure
Decision of Reinstatement Committee
Costs of reinstatement proceeding
Practice Reviews
Review of active member’s practice
Member must cooperate with practice review
Practice review not warranty of member’s work
Practice review is confidential and privileged
Witness disclosure about practice reviews
Corporate Permits
Requirements for issuing corporate permit
Register of corporate permits
Corporate permit term and renewal
Suspension, revocation or refusal to renew corporate permit
Permit displayed at premises
Executive Director notified of changes to corporation
Notice to and from corporate permit holder
Appeal of decision to refuse, suspend, revoke or refuse to renew corporate permit
Ordinary High Water Mark
Ordinary high water mark as water boundary
Citation
1 These regulations may be cited as the Land Surveyors Regulations .
Definitions
2 In these regulations,
“Agreement on Internal Trade” means the agreement signed by the federal,
provincial and territorial governments of Canada, which came into force on July 1,
1995, to facilitate the free movement of persons, goods, services and investments
throughout Canada;
“approved education program” means an education program that prepares a person
for entry to the profession of land surveying, as approved by an examining body
determined by the Council;
“articles” means a period of training for a candidate under the direction of an active
member, as set out in the by-laws;
“articling agreement” means an agreement approved by the Board between a
candidate and an active member.
Council and Executive
Composition of Executive
3 The Executive must be composed of all of the following members:
(
a) the president;
(
b) the vice-president;
(
c) the immediate past president.
Composition of Council
4 In addition to not less than 1 public representative and a person appointed by the Minister
required by the Act, the Council must be composed of all of the following members:
(
a) the Executive members;
(
b) any number of members as set out in the by-laws.
Registration
Board of Examiners
(1) The Council must appoint a Board of Examiners.
(2) The Board of Examiners must include at least 5 active members or life members of
the Association.
Information in Register
6 In addition to the name of the person entitled to be registered, as required by subsection
17(1) of the Act, the Register must contain all of the following information for each
member:
(
a) contact information for the member, including any electronic contact
information;
(
b) the member’s registration number;
(
c) the date of entry on the Register;
(
d) category of membership.
Categories of membership
(1) The following are the categories of membership:
(
a) candidate;
(
b) active;
(
c) life;
(
d) retired;
(
e) associate;
(
f) honorary.
(2) The roster for each category of membership must be made available to the public.
Waiver of registration or roster requirements
8 The Board may waive any of the criteria for registration or entry in a roster required by
these regulations for either of the following reasons:
(
a) it is required by law;
(
b) it is consistent with the objects and purpose of the Association and the Board
considers it appropriate.
Criteria for registration and entry in candidate roster
9 The Board must register and record the name of a person in the candidate roster who does
all of the following:
(
a) pays the applicable registration fee;
(
b) successfully completes an approved education program;
(
c) enters an articling agreement.
Privileges of members in candidate roster
10 A member whose name is in the candidate roster has all of the following privileges:
(
a) to receive all official Association publications;
(
b) to attend, but not vote at, general meetings of the Association.
Criteria for registration and entry in active membership roster
(1) The Board must register and record the name of a person in the active membership
roster who meets all of the following criteria:
(
a) for an applicant who is not currently registered in another Canadian
jurisdiction, all the criteria in
Section 12;
(
b) for an applicant who is currently registered in another Canadian jurisdiction, all
the criteria in
Section 13;
(
c) payment of the applicable registration fee;
(
d) the applicant is not currently subject to any disciplinary finding that would
prohibit or limit the applicant’s ability to practise professional land surveying;
(
e) the applicant has provided any information required by the Board to establish
that
Section 50 of the Act does not apply to the applicant;
(
f) the applicant has met any applicable requirements of the professional
development program;
(
g) evidence satisfactory to the Board that the applicant has the capacity,
competence and character to safely and ethically practise professional land
surveying;
(
h) unless the requirement to carry professional liability insurance is waived under
subsection (2), proof that the applicant is covered by professional liability
insurance.
(2) Despite clause (1)(h), the requirement to hold professional liability insurance is
waived and the applicant is not required to hold professional liability insurance if any
of the following conditions apply:
(
a) the person is employed by a municipal, provincial or federal government or
agency, provided that the person undertakes in writing not to engage directly or
indirectly in the practice of professional land surveying for any member of the
public except on behalf of the employer, whether for or without compensation;
(
b) the person is employed by any person, firm or corporation that does not engage
directly or indirectly in the practice of professional land surveying for the
general public, provided that the person undertakes in writing not to engage
directly or indirectly in the practice of professional land surveying for any
member of the public, except on behalf of the employer, whether for or without
compensation; or
(
c) the Council has granted the member an exemption from the requirement to
hold professional liability insurance in accordance with subsections (3) to (5).
(3) A person who applies to the Council for an exemption from the requirement to hold
professional liability insurance under subsection (2) must provide any relevant
information the Council considers necessary to assess the application.
(4) If the Council is satisfied that the public interest is protected, the Council may grant a
member an exemption from the requirement to hold professional liability insurance.
(5) A person who is granted an exemption from the requirement to hold professional
liability insurance under subsection (4) must not engage directly or indirectly in the
practice of professional land surveying for the general public, whether for
compensation or not.
Additional criteria for applicants not currently registered in another Canadian
jurisdiction
12 An applicant for entry in the active membership roster who is not currently registered in
another Canadian jurisdiction must pay the applicable registration fee and meet all of the
following criteria:
(
a) all of the criteria for entry in the active membership roster in clauses 11(1)(
c) to (h);
(
b) certification from an examining body approved by the Council;
(
c) successful completion of a period of articles;
(
d) successful completion of any examinations prescribed by the Board;
the Board;
(
f) proof that the applicant is legally entitled to work in Canada;
(
g) the taking of an oath prescribed by the Board;
(
h) for an applicant who was previously registered in another Canadian jurisdiction
or is or was registered in a jurisdiction outside of Canada, a certificate of
standing from all jurisdictions where the applicant was previously licensed or
registered establishing that the applicant is not subject to any disciplinary
findings that would prohibit or limit the applicant’s ability to practise
professional land surveying.
Additional criteria for applicants registered in another Canadian jurisdiction
13 The following are the criteria for entry in the active membership roster for applicants who
are registered in another Canadian jurisdiction:
(
a) all of the criteria for entry in the active membership roster in clauses 11(1)(
c) to (h);
(
b) a certificate of standing from the Canadian jurisdiction where the applicant is
currently registered or licensed to practise professional land surveying
establishing that the applicant is registered or licensed to practise professional
land surveying in that jurisdiction and is not subject to any disciplinary findings
that would prohibit or limit the applicant’s ability to practise professional land
surveying;
(
c) successful completion of any requirements for registration established under
the Agreement on Internal Trade or any Mutual Recognition Agreement
entered into by the Association under the Agreement on Internal Trade;
(
d) the taking of an oath prescribed by the Board.
Privileges of members in active membership roster
14 A member whose name is in the active membership roster has all of the following
privileges:
(
a) use of the designation “Nova Scotia Land Surveyor” or the abbreviation
“NSLS” in accordance with
Section 20 of the Act;
(
b) subject to subsection 11(5), to practise professional land surveying;
(
c) upon election, hold office in the Association;
(
d) be eligible to serve as an appointed member of any committee of the
Association;
(
e) receive all official Association publications;
(
f) attendance, participation and a right to vote at meetings of the Association;
(
g) subject to the approval of the Board, entry into an articling agreement with a
candidate.
Conditions imposed on membership
(1) When considering an application for membership, the Board may impose conditions
on the membership of an applicant if
(
a) it is consistent with the objects of the Association; and
(
b) the Board gives the applicant an opportunity to address the proposed conditions
before the conditions are imposed.
(2) An applicant who has conditions imposed on their registration by the Board under
subsection (1) may appeal those conditions to the Registration Appeal Committee in
accordance with
Section 21.
(3) The Board must impose conditions on the registration of a member when conditions
have been imposed as part of a decision of any of the following bodies:
(
a) the Complaints Committee;
(
b) the Hearing Committee;
(
c) the Registration Appeal Committee;
(
d) the Reinstatement Committee;
(
e) an equivalent committee from another jurisdiction.
(4) Conditions imposed on a membership remain in effect until the Board determines
they have been met.
(5) A member who has conditions imposed on their membership retains their privileges
under
Section 10 or
Section 14, subject to the particular conditions that have been
imposed.
Other categories of membership
(1) The Board must enter the name of an applicant who meets the criteria for entry in the
life, retired, associate or honorary roster into the appropriate roster.
(2) The privileges of retired, associate and honorary members are as set out in the by-laws.
(3) A life member must meet all the criteria for entry into the active membership roster
under
Section 11 with the exception of the fee required by clause 11(1)(c).
(4) A life member has all of the privileges of an active member as set out in
Section 14.
(5) The Board must enter the name of a life member in the active membership roster if
the life member is engaged in the practice of professional land surveying.
Term and renewal of membership
(1) Unless suspended, revoked or amended as a result of any conditions imposed, a
candidate, active, retired and associate membership remains in effect until the end of
the calendar year in which it was issued.
(2) The Executive Director must renew a member’s registration and entry in the
applicable roster if the member meets all of the following conditions:
(
a) the member pays the applicable renewal fee and any penalties for late
application set by the Council;
(
b) the member meets all the criteria for entry in the applicable roster, excluding
the initial registration fee.
(3) Unless suspended or revoked by the Council, life and honorary memberships remain
in effect indefinitely.
Member removed from applicable roster for non-renewal
(1) The Board must remove the name of a member who does not renew their
membership in accordance with
Section 17 from the applicable roster, and the
member remains non-active until their name is restored under subsection (2).
(2) The Board must restore the name of a non-active member referred to in subsection
(1) to the applicable roster when the member meets the criteria for entry in the roster
and pays any applicable renewal fee and penalty as set by the Council.
(3) A member whose name has been removed from the applicable membership roster by
the Board under subsection (1) may appeal the Board’s decision to the Registration
Appeal Committee in accordance with
Section 21.
Articles
19 (1) The Board must approve the articling agreement of a person seeking membership as
a candidate before the period of articles begins.
(2) The Board must approve the name of the active member entering into an articling
agreement with a candidate.
(3) With the approval of the Board, a candidate may transfer the responsibility of articles
to another active member by signing a new articling agreement.
(4) A candidate must complete the period of articles in the manner and in accordance
with the timelines in the articling agreement.
(5) Upon completion of the articling period, an active member to whom a candidate is
articled must sign a form approved by the Board confirming that all the requirements
of the articling agreement have been met.
Registration Appeal Committee
(1) A Registration Appeal Committee is established by these regulations.
(2) The Council must appoint the following members to the Registration Appeal
Committee:
(a) 1 public representative;
(b) 2 members from the active membership roster.
(3) The Council must appoint a chair of the Registration Appeal Committee.
(4) A majority of the Registration Appeal Committee constitutes a quorum.
(5) The Registration Appeal Committee must perform the functions set out in these
regulations.
(6) Each person on the Registration Appeal Committee has all the rights, powers,
privileges and immunities of a commissioner appointed under the Public Inquiries
Act .
Procedure for appeal to Registration Appeal Committee
(1) The Board must give written reasons for any decision that
(
a) refuses an applicant’s
(
i) registration, or
(ii) entry in a roster; or
(
b) imposes conditions or restrictions on a member’s registration.
(2) An applicant may, by written notice, appeal a decision listed in subsection (1) to the
Registration Appeal Committee no later than 30 days after the date the applicant
receives the written reasons.
(3) On receiving a written notice of appeal, the Registration Appeal Committee must do
all of the following:
(
a) set a date for a hearing of the appeal that is no later than 60 days after the date
the Committee receives the written notice of appeal;
(
b) serve written notice of the date, time and place for the hearing of the appeal on
the appellant and the Executive Director;
(
c) advise the appellant of their right to
(
i) be represented by legal counsel,
(ii) disclosure of any information to be given to the Committee, and
(iii) a reasonable opportunity to present a response and make submissions.
(4) The parties to an appeal before the Registration Appeal Committee are the
Association and the appellant.
(5) Except as provided in subsection (6), evidence is not admissible before the
Registration Appeal Committee unless, at least 10 days before the appeal, the
opposing party has been given
(
a) in the case of written or documentary evidence, an opportunity to examine the
evidence;
(
b) in the case of evidence of an expert, a copy of the expert’s written report or, if
there is no written report, a written
summary of the evidence; and
(
c) in the case of evidence of any other witness, the identity of the witness.
(6) If it is in the public interest, the Registration Appeal Committee, in its discretion,
may allow the introduction of evidence that is otherwise inadmissible under
subsection (5) and may make directions it considers necessary to ensure that a party
is not prejudiced by the introduction of the evidence.
(7) In a proceeding before the Registration Appeal Committee, the parties have the right
to the opportunity to present evidence and make submissions, including the right to
examine and cross-examine witnesses.
(8) The Registration Appeal Committee must give the parties written reasons for its
decision within a reasonable time.
(9) All material relied upon by the Board in making the decision that is the subject of the
appeal must be given to the parties.
(10) The testimony of witnesses at a hearing before the Registration Appeal Committee
must be taken under oath or affirmation.
Disposition by Registration Appeal Committee
(1) The Registration Appeal Committee must do 1 of the following upon completion of
the registration appeal process:
(
a) confirm the original decision of the Board;
(
b) vary the original decision of the Board;
(
c) dismiss the original decision of the Board.
(2) The Registration Appeal Committee must give its decision in writing.
(3) A decision of the Registration Appeal Committee is final.
(4) The Registration Appeal Committee must send a copy of its written decision to all of
the following parties:
(
a) the appellant, by registered mail or personal service;
(
b) the Association, by regular mail or personal service.
Composition of Complaints Committee
22A The Complaints Committee must be composed of all of the following:
(a) 1 public representative;
(b) 4 members, at least 3 of whom are active members.
Section 22A added: O.I.C. 2014-58, N.S. Reg. 32/2014.
Professional Conduct
Referral to Complaints Committee
23 On receiving a complaint under subsection 43(1) of the Act, the Executive Director must
forward the complaint to the Complaints Committee.
Authority to dismiss without investigation
(1) On receiving a complaint, the Complaints Committee may dismiss the complaint and
provide any guidance the Complaints Committee considers useful to the
complainant, the respondent or any other person associated with the complaint, if the
Complaints Committee determines that any of the following apply:
(
a) the complaint is outside the jurisdiction of the Association;
(
b) the complaint is frivolous, vexatious or constitutes an abuse of process;
(
c) the complaint does not allege facts that, if proven, would constitute
professional misconduct, conduct unbecoming, incompetence or incapacity, or
would merit a counsel or a caution, or both;
(
d) the complaint cannot be substantiated.
(2) If the Complaints Committee dismisses the complaint, the Complaints Committee
must provide a copy of the letter of dismissal to the complainant and the respondent.
(3) If the complaint is not dismissed under subsection (1), the Complaints Committee
must do 1 of the following:
(
a) attempt to resolve the complaint, if in the opinion of the Complaints
Committee it may be satisfactorily resolved without an investigation;
(
b) forward the complaint to the respondent and an investigator for investigation in
accordance with
Section 25.
Investigating complaint
(1) When investigating a complaint, an investigator may do 1 or more of the following:
(
a) request additional documents and written or oral explanations from the
complainant, the respondent or third parties;
(
b) request an interview with the complainant, the respondent or third parties;
(
c) informally resolve the complaint in the interests of the respondent, the
complainant, the public and the Association.
(2) An investigator may investigate any matter relating to the respondent that arises in
the course of the investigation, in addition to the complaint, that may constitute any
of the following:
(
a) professional misconduct;
(
b) conduct unbecoming;
(
c) incompetence;
(
d) incapacity.
(3) A respondent may submit medical information and any other information relevant to
the complaint to an investigator.
(4) After completing an investigation, an investigator must send a report of the
investigation to the Complaints Committee.
Additional information to Complaints Committee
(1) The Complaints Committee may at any time direct an investigator to conduct any
investigation that the Complaints Committee considers necessary.
(2) At any time before making a decision under
Section 27, the Complaints Committee
may receive information in addition to the report of the investigation, if the
information is relevant to the matters before it.
(3) An investigator or the Complaints Committee may direct the respondent or a third
party to provide information or documents or to respond to correspondence, and the
respondent or third party must comply within 10 days after the date of the request.
(4) If the Complaints Committee receives additional information under subsection (2) or
(3), the respondent must be given an opportunity to respond to the information
before the final disposition of the complaint by the Complaints Committee.
Complaints Committee disposition of complaint
(1) For the purposes of this Section,
“caution” by the Complaints Committee means a determination that a member has
breached the standards of ethics or practice expected of members, but that breach
does not constitute professional misconduct, conduct unbecoming, incompetence or
incapacity, and a caution is not considered to be a registration sanction; and
“counsel” by the Complaints Committee means a determination that a member could
benefit from professional guidance from the Association about the subject matter of
the complaint, but the member’s conduct does not constitute professional
misconduct, conduct unbecoming, incompetence or incapacity, and a counsel is not
considered to be a registration sanction.
(2) On receiving a report from an investigator under subsection 25(4), the Complaints
Committee must do 1 of the following:
(
a) dismiss the complaint and provide any guidance the Complaints Committee
considers useful to the complainant, the respondent or any other person
associated with the complaint, if the Complaints Committee determines that
any of the following apply:
(
i) the complaint is outside the jurisdiction of the Association,
(ii) the complaint is frivolous, vexatious or constitutes an abuse of process,
(iii) the complaint does not allege facts that, if proven, would constitute
professional misconduct, conduct unbecoming, incompetence or
incapacity, or would merit a counsel or a caution, or both,
(iv) the complaint cannot be substantiated;
(
b) give the complainant, the respondent and any other person the Complaints
Committee considers appropriate a reasonable opportunity to appear before the
Complaints Committee and to submit representations or explanations.
(3) After providing the respondent the opportunity to appear before the Complaints
Committee under clause (2)(b), the Complaints Committee may require the
respondent to do 1 or more of the following:
(
a) submit to a review of the respondent’s practice by a qualified person or persons
designated by the Complaints Committee and authorize a copy of the review to
be given to the Complaints Committee;
(
b) produce any records or documents related to the respondent’s practice.
(4) After the Complaints Committee has given the parties the opportunity to appear
before the Committee under clause (2)(b), the Complaints Committee must do 1 or
more of the following:
(
a) dismiss the complaint and provide any guidance the Complaints Committee
considers useful to the complainant, the respondent or any other persons the
Complaints Committee considers appropriate;
(
b) counsel the respondent;
(
c) caution the respondent;
(
d) with the respondent’s consent, order that the respondent receive a reprimand
and that the reprimand be communicated to the respondent, the complainant
and any other persons the Complaints Committee considers appropriate;
(
e) with the respondent’s consent, impose conditions on the respondent’s
membership;
(
f) refer the matter to the Hearing Committee if
(
i) a determination is made that the matter or matters warrant a hearing, or
(ii) the respondent does not consent to a reprimand, conditions or restrictions
under clause (
d) or (e);
(
g) informally resolve the complaint, including entering into agreements with the
respondent, or authorizing the respondent’s resignation from the applicable
roster.
(5) A reprimand issued under clause (4)(
d) and conditions placed on a respondent’s
registration under clause (4)(
e) are registration sanctions against the respondent and
must be dealt with in accordance with
Section 62 of the Act.
Compliance with requirements of Complaints Committee
(1) If a respondent fails to comply with subsection 27(3), or otherwise fails to comply
with the direction of the Complaints Committee, the Complaints Committee may
suspend or restrict the respondent’s registration and the suspension or restriction
remains in place until it is lifted, superseded or annulled by the Complaints
Committee or Hearing Committee.
(2) The costs of complying with a requirement made under subsection 27(3) must be
initially borne by the Association and may be awarded as an award of costs against a
respondent under
Section 49.
Complaints Committee retains jurisdiction
29 The Complaints Committee retains jurisdiction over a complaint until the commencement
of a hearing or the acceptance of a settlement proposal by the Hearing Committee.
Composition of Hearing Committee
29A Subject to subsection 52(1) of the Act, the Hearing Committee must be composed of all of the following:
(a) 1 public representative;
(b) 4 members, at least 3 of whom are active members.
Section 29A added: O.I.C. 2014-58, N.S. Reg. 32/2014.
Notice of hearing
(1) A notice of hearing required by subsection 53(2) of the Act must be served at the
respondent’s or the complainant’s last known address by 1 of the following methods:
(
a) personal service;
(
b) substituted service;
(
c) registered mail.
(2) A notice of hearing sent by registered mail is deemed to have been served on the
date it was posted.
(3) A notice of hearing must state all of the following:
(
a) the details of the charges;
(
b) the time and place of the hearing;
(
c) that the respondent may be represented by legal counsel.
Amendment of notice of hearing
(1) At any time before or during a hearing, the Hearing Committee may, on its own
motion or on the motion of a party to the hearing, amend or alter the notice of
hearing for any of the following reasons:
(
a) to correct an alleged defect in substance or form;
(
b) to make the notice conform to the evidence, if there appears to be a difference
between the evidence and the notice, or if the evidence discloses any of the
following that is not alleged in the notice:
(
i) professional misconduct,
(ii) conduct unbecoming,
(iii) incapacity,
(iv) incompetence.
(2) A respondent must be given an opportunity to respond to an amendment or alteration
to a notice of hearing made by the Hearing Committee.
(3) If the Hearing Committee determines that an amendment or alteration to a notice of
hearing sought by a party is not appropriate, the Hearing Committee may refuse to
make the amendment or alteration and, if considered appropriate, may refer any new
allegations that are included in the amendment or alteration to the Executive Director
for processing in accordance with
Section 23.
Preparing and tendering settlement proposals
(1) A settlement proposal may be tendered in writing to the other party at any time
before a hearing begins.
(2) A settlement proposal must include all of the following:
(
a) an admission or admissions by the respondent to 1 or more of the allegations
set out in the notice of hearing;
(
b) the respondent’s consent to a specified disposition, conditional upon the
acceptance of the settlement proposal by the Complaints Committee and the
Hearing Committee;
(
c) sufficient facts to provide context for the admissions of the respondent and the
agreed disposition.
(3) If both parties agree with the settlement proposal tendered under subsection (1), the
Association must refer the settlement proposal to the Complaints Committee for
consideration.
(4) The parties may agree to use a mediator to prepare a settlement proposal, and the
costs for the mediator must be divided equally between the Association and the
respondent, unless the parties agree to a different division of the costs.
Complaints Committee actions when settlement proposal referred
(1) The Complaints Committee may recommend acceptance of a settlement proposal if
it is satisfied that all of the following criteria are met:
(
a) the public is protected;
(
b) the conduct or its causes can be, or have been, successfully remedied or treated
and the respondent is likely to successfully pursue any remediation or treatment
required;
(
c) settlement is in the best interests of the public and the profession.
(2) If the Complaints Committee recommends acceptance of a settlement proposal, the
Complaints Committee must refer the settlement proposal to the Hearing Committee.
(3) If the Complaints Committee does not recommend acceptance of a settlement
proposal, the Complaints Committee must do 1 of the following:
(
a) recommend changes to the settlement proposal that
(
i) if agreed upon by the parties will result in acceptance by the Complaints
Committee, or
(ii) if not agreed upon by the parties will result in rejection by the
Complaints Committee;
(
b) reject the settlement proposal and refer the complaint considered by the
Complaints Committee to the Hearing Committee for hearing.
Hearing Committee actions when settlement proposal referred
(1) If the Hearing Committee accepts a settlement proposal
(
a) the settlement proposal forms the decision of the Hearing Committee disposing
of the matter, unless the Hearing Committee wishes to issue a further written
decision in the matter; and
(
b) except as provided in subsection 35(3) for a breach of the settlement proposal,
there is no hearing.
(2) If the Hearing Committee does not accept a settlement proposal, it must do 1 of the
following:
(
a) suggest amendments to the settlement proposal and return it to the parties for
review;
(
b) reject the settlement proposal and refer the matter to another panel of the
Hearing Committee for a hearing.
(3) If both parties do not agree with the amendments to a settlement proposal made
under clause (2)(a), the settlement proposal is deemed to be rejected and the matter
must be referred to another panel of the Hearing Committee for a hearing.
(4) If both parties agree with the amendments to a settlement proposal made under
clause (2)(a), the revised settlement proposal must be sent back to the Complaints
Committee who must do 1 of the following:
(
a) accept the revised settlement proposal and refer the revised settlement proposal
back to the Hearing Committee for approval; or
(
b) reject the revised settlement proposal and refer the matter to another panel of
the Hearing Committee for a hearing.
(5) A person who sits on a panel of the Hearing Committee that reviews a rejected
settlement proposal must not sit on a panel of the Hearing Committee that conducts a
hearing related to the same complaint.
Settlement proposals and hearings
(1) If a settlement proposal is rejected by the Hearing Committee, a hearing must
proceed without reference to the settlement proposal or any admissions contained in
the settlement proposal until after the Hearing Committee has determined whether
professional misconduct, conduct unbecoming, incompetence or incapacity has been
proven.
(2) Before deciding whether to award costs in a hearing, the Hearing Committee may be
given a copy of any settlement proposals exchanged between the parties.
(3) Any alleged breach by a respondent of an accepted settlement proposal must be
referred to a Hearing Committee and may form the subject of a new hearing.
(4) A settlement proposal may include any disposition that could be ordered by the
Hearing Committee under the Act or these regulations.
Consent revocation
(1) A respondent who does not contest the allegations or admits to some or all of the
allegations set out in a complaint or a notice of hearing may, with the consent of the
Association, ask the Hearing Committee to revoke their registration.
(2) The Hearing Committee may consent to the revocation of the respondent’s
registration in accordance with subsection (1), with or without conditions, or may
refuse consent.
(3) A respondent who consents to the revocation of their registration must be treated as
though their registration was revoked by the Hearing Committee.
(4) Notification of a revocation under this
Section must be given in accordance with
Section 47.
Public notice of hearing
37 The Association must give public notice of any scheduled hearings through its website or
any alternate means the Association considers appropriate, including notice of all of the
following:
(
a) the date, time and location of the hearing;
(
b) reference to any application being made under subsection 38(2).
Attendance at hearing
(1) Except as provided in subsections (2) and (3), a hearing is open to the public.
(2) At the request of a party, the Hearing Committee may order that the public, in whole
or in part, be excluded from a hearing or any part of it if the Hearing Committee is
satisfied that any of the following apply:
(
a) personal, medical, financial or other matters that may be disclosed at the
hearing are of such a nature that avoiding public disclosure of those matters in
the interest of the public or any person affected outweighs adhering to the
principle that hearings should be open to the public;
(
b) the safety of any person may be jeopardized by permitting public attendance.
(3) The Hearing Committee may make an order that the public be excluded from a part
of a hearing dealing with an application for an order under subsection (2).
(4) The Hearing Committee may make any orders that it considers necessary to prevent
public disclosure of matters disclosed at a hearing, including an order to impose a
publication ban as authorized by subsection 51(7) of the Act.
(5) Subject to any order made under this Section, the Hearing Committee must state at a
hearing its reasons for any order made under this Section.
Hearing procedure
(1) A complainant cannot participate as a party at a hearing.
(2) The Hearing Committee may determine any additional rules of procedure for
hearings not covered by the Act or these regulations.
(3) Witnesses at a hearing must testify under oath or affirmation.
(4) An oath or affirmation taken at a hearing may be administered by a member of the
Hearing Committee or other person in attendance authorized by law to administer
oaths or affirmations.
(5) The Hearing Committee may require a respondent to do 1 or more of the following:
(
a) submit to a review of the member’s practice by a qualified person or
persons designated by the Hearing Committee and authorize a copy of the
review to be given to the Hearing Committee;
(
b) produce any records kept about the member’s practice.
Compliance with requirement of Hearing Committee
(1) If a respondent fails to comply with a requirement under subsection 39(5), the
Hearing Committee may order that the respondent be suspended until the respondent
complies.
(2) The costs of complying with the requirements described in subsection 39(5) must be
initially borne by the Association and may be awarded as costs against a respondent
under
Section 49.
Respondent’s failure to attend hearing
41 After receiving proof of service of the notice of hearing in accordance with
Section 30, the
Hearing Committee may proceed with a hearing in the respondent’s absence and take any
action authorized under the Act and these regulations without further notice to the
respondent.
Subpoenaed witness fees
42 Witnesses who are present under subpoena at a hearing are entitled to the same allowances
as witnesses attending a trial of an action in the Supreme Court of Nova Scotia.
Recording evidence at hearing
(1) All evidence presented at a hearing must be recorded by a person authorized by the
Association.
(2) Subject to subsection 57(2) of the Act, evidence may be presented at a hearing in any
manner that the Hearing Committee considers appropriate and the Hearing
Committee is not bound by the rules of law respecting evidence applicable to judicial
proceedings.
Preservation of evidence
44 Evidence presented to the Hearing Committee and information obtained by the Complaints
Committee or an investigator regarding a complaint that has not been dismissed by the
Complaints Committee must be preserved for at least 5 years from the date the evidence is
presented or information is obtained.
Disposition by Hearing Committee
(1) A Hearing Committee that finds professional misconduct, conduct unbecoming,
incompetence or incapacity on the part of a respondent may do 1 or more of the
following and must include orders for it in the committee’s disposition of the matter:
(
a) revoke the respondent’s membership and remove the respondent’s name from
the appropriate roster;
(
b) authorize the respondent to resign from membership in the Association and
remove the member’s name from the appropriate roster;
(
c) suspend the respondent from the practice of professional land surveying and
remove the respondent’s name from the roster in which their name is entered
(
i) for a specified period of time, or
(ii) until any conditions ordered by the Hearing Committee are satisfied;
(
d) suspend the respondent’s ability to obtain entry in a roster for a specified
period of time;
(
e) suspend the membership of a candidate and remove the candidate’s name from
the candidate roster
(
i) for a specified period of time, or
(ii) until any conditions ordered by the Hearing Committee are satisfied;
(
f) impose any restrictions or conditions, or both, on the respondent’s registration
for a period of time specified by the Hearing Committee;
(
g) reprimand the respondent and direct that the reprimand be recorded in the
records of the Association;
(
h) direct the respondent to pass a particular course of study or satisfy the Hearing
Committee, or any other committee established under the Act, of the
respondent’s general competence or competence in a particular field of
practice;
(
i) direct the respondent to obtain medical treatment;
(
j) direct the respondent to obtain any counselling the Hearing Committee
consider appropriate;
(
k) for findings that involve the respondent practising professional land surveying
while not currently registered, direct the respondent to pay a fine in an amount
determined by the Council.
(2) A Hearing Committee that does not find professional misconduct, conduct
unbecoming, incompetence or incapacity on the part of a respondent must dismiss
the complaint.
Written decision of Hearing Committee
46 The Hearing Committee must prepare a written report of its disposition of a hearing
including the reasons for the decision in accordance with clause 58(
c) of the Act and must
provide copies of its decision or information from its decision in accordance with
Section
Disclosing and publishing decisions and registration sanctions imposed without hearing
(1) Except as prohibited by any publication bans, the Hearing Committee may disclose
or publish a decision or part of a decision that dismissed a complaint in a manner
determined by the Hearing Committee.
(2) Except as prohibited by any publication bans, the Executive Director must do all of
the following for any registration sanction that is issued other than through a hearing:
(
a) make the appropriate entries on the Register, in the roster, on the website and
on the member’s registration;
(
b) publish a
summary of the decision in accordance with subsection (3) in all of
the following publications:
(
i) the Association website,
(ii) the Professional Conduct Digest retained by the Association and
available to the public,
(iii) any official publication determined by the Hearing Committee;
(
c) notify all of the following of the registration sanction ordered and provide a
copy of some or all of the decision as requested:
(
i) registering bodies in other Canadian land surveying jurisdictions,
(ii) registering bodies in a jurisdiction where the respondent was originally
registered,
(iii) registering bodies in other jurisdictions where the respondent is known to
have practised;
(
d) give the respondent a copy of the decision;
(
e) give a copy of some or all of the decision to the complainant, as permitted by
the Hearing Committee or the Complaints Committee;
(
f) give any of the following to any person the committee making the decision
directs:
(
i) notice of the decision,
(ii) a
summary of the decision,
(iii) a copy of parts or all of the decision.
(3) Except for information that must be excluded under subsection (4), the
summary of a
decision required by clause (2)(
b) must be prepared by the Association and must
contain all of the following information:
(
a) the member’s name, city or town of residence and registration number;
(
b) the provision of the Act or these regulations under which the registration
sanction is issued;
(
c) the date of the decision;
(
d) the allegations that were upheld by the Hearing Committee or the Complaints
Committee or, for a consent revocation, the allegations that were either
admitted by or not contested by the respondent;
(
e) whether the allegations amounted to professional misconduct, conduct
unbecoming, incompetence or incapacity;
(
f) the disposition ordered by the Complaints Committee or the Hearing
Committee;
(
g) the reasons for the decision;
(
h) any additional information the Association considers necessary to meet the
objects of the Association.
(4) If a complaint is resolved without a hearing and any allegations have been found to
constitute incapacity, the specific nature of the incapacity must not be included in the
summary of the decision under subsection (3).
Disclosing and publishing decisions and registration sanctions imposed through hearing
48 Except as prohibited by any publication bans, the Executive Director must take all of the
actions set out in clauses 47(2)(
a) to (
f) for any registration sanction issued following a
hearing and, in addition, must do the following:
(
a) provide a copy of some or all of the decision, as determined by the Hearing
Committee, to the relevant employer or employers;
(
b) publish a copy of the full decision in the Association’s Professional Conduct
Digest and make the Professional Conduct Digest available to the public.
Costs awarded after hearing
(1) In this Section, “costs” includes all of the following:
(
a) expenses incurred by the Association in the investigation of a complaint;
(
b) expenses incurred by the Association for the activities of the Complaints
Committee and the Hearing Committee;
(
c) expenses incurred under subsections 28(2) and 40(2);
(
d) the Association’s solicitor and client costs, including disbursements and HST,
relating to the investigation and hearing of a complaint, including those of the
Association’s counsel and counsel for the Hearing Committee;
(
e) fees for retaining a court reporter and preparing transcripts of the proceedings;
(
f) travel costs and reasonable expenses of any witnesses, including expert
witnesses, required to appear at a hearing.
(2) Except when awarded costs in accordance with subsection (4), a respondent is
responsible for all expenses incurred in his or her defence.
(3) If the Hearing Committee finds professional misconduct, conduct unbecoming,
incompetence or incapacity on the part of a respondent, it may order that the
respondent pay costs in whole or in part.
(4) If the Hearing Committee is of the opinion that a hearing was unnecessary, it may
order the Association to pay some or all of the respondent’s legal costs.
(5) The Executive Director may suspend the registration of any respondent who fails to
pay the costs under this
Section within the time ordered until payment is made or
satisfactory arrangements for payment are made.
Applying for reinstatement
(1) An application for reinstatement under the Act or these regulations must be sent in
writing to the Reinstatement Committee together with the reinstatement fee
prescribed by the Council.
(2) An application for reinstatement must include any information that the
Reinstatement Committee requires to assist it in determining whether the objects of
the Association will be met if reinstatement is granted.
Investigation on reinstatement application
(1) On receiving an application for reinstatement, the Reinstatement Committee may
request that an investigation be conducted to gather relevant and appropriate
information about the application.
(2) A person who conducts an investigation must give a written report to the
Reinstatement Committee and the applicant containing all material relevant to the
application including the decision of the Hearing Committee that revoked the
applicant’s registration and any relevant information gathered during the
investigation.
Notice of reinstatement proceeding
52 The Reinstatement Committee must set a date for a proceeding to review a reinstatement
application and must
(
a) advise the applicant of the date; and
(
b) give public notice of all of the following through its website or by any alternate
means the Association considers appropriate:
(
i) the date, time and location of the proceeding,
(ii) any application being made for an order under subsection 53(2).
Attendance at proceeding for review of reinstatement application
(1) Except as provided in subsections (2) and (3), a proceeding to review an application
for reinstatement is open to the public.
(2) At the request of a party, the Reinstatement Committee may order that the public, in
whole or part, be excluded from a proceeding to review a reinstatement application
or any part of it if the Reinstatement Committee is satisfied that any of the following
apply:
(
a) personal, medical, financial or other matters that may be disclosed at the
proceeding are of such a nature that avoiding public disclosure of those matters
in the interest of the public or any person affected outweighs adhering to the
principle that hearings be open to the public;
(
b) the safety of any person may be jeopardized by permitting public attendance.
(3) The Reinstatement Committee may make an order that the public be excluded from
a part of a proceeding dealing with an application for an order under subsection (2).
(4) The Reinstatement Committee may make any orders that it considers necessary to
prevent the public disclosure of matters disclosed in a proceeding to review a
reinstatement application, including an order to impose a publication ban as
authorized by subsection 51(7) of the Act.
(5) Subject to any order made under this Section, the Reinstatement Committee must
state at the proceeding to review a reinstatement application its reasons for any order
made under this Section.
Reinstatement proceeding procedure
(1) The parties to a proceeding to review an application for reinstatement are the
Association and the applicant for reinstatement.
(2) Evidence presented to the Reinstatement Committee must be taken under oath and
recorded, and is subject to cross-examination.
(3) An oath or affirmation taken at a proceeding may be administered by a member of
the Reinstatement Committee or other person in attendance authorized by law to
administer oaths or affirmations.
(4) In a proceeding to review an application for reinstatement the burden is on the
respondent to show that the objects of the Association will be served by terminating
the order of revocation.
Decision of Reinstatement Committee
(1) After considering the evidence and representations from an applicant and the
Association representative, the Reinstatement Committee must decide to accept or
reject the reinstatement application and must communicate its decision in writing to
all of the following people:
(
a) the applicant;
(
b) the Executive Director;
(
c) any person the Reinstatement Committee considers appropriate.
(2) If [the] Reinstatement Committee decides to reinstate an applicant, the committee
may impose any restrictions and conditions it considers appropriate on the
applicant’s reinstatement, and the applicant must satisfy all criteria required for the
renewal of registration.
(3) Except as provided in subsection (4), a decision of the Reinstatement Committee
about reinstatement of registration is final.
(4) An applicant may resubmit an application for reinstatement after 1 year has passed
since the date of the Reinstatement Committee’s initial decision, or after a longer
period determined by the Reinstatement Committee that rejected the application.
Costs of reinstatement proceeding
56 Whether an application for reinstatement is accepted or rejected, the Reinstatement
Committee may recover costs from the applicant, including any of the following:
(
a) expenses incurred by the Association and the Reinstatement Committee in
investigating the reinstatement application;
(
b) expenses incurred by the Association and the Reinstatement Committee for the
role of the Association or the Reinstatement Committee in the reinstatement
application process;
(
c) the Association’s solicitor and client costs, including disbursements and HST,
relating to a reinstatement application and proceeding, including those of the
Association’s counsel and counsel for the Reinstatement Committee;
(
d) fees for retaining an expert, preparing reports and preparing transcripts of the
proceedings;
(
e) travel costs and reasonable expenses of any witnesses required to appear at a
proceeding to review a reinstatement application.
Practice Reviews
Review of active member’s practice
(1) The Council may establish a committee, department or division, or appoint a person
or consultant approved by the Council, to perform practice reviews of active
members in a manner determined by the Council.
(2) A practice review conducted under subsection (1) may be conducted by reviewing
any documents or practices of a member that the Council considers appropriate,
including all of the following:
(
a) survey plans;
(
b) location certificates;
(
c) office practices;
(
d) field work.
Member must cooperate with practice review
58 A member must fully cooperate with any person authorized under subsection 57(1) to
conduct a practice review.
Practice review not warranty of member’s work
59 A practice review does not warrant the accuracy or correctness of a member’s plan, work
or practice.
Practice review is confidential and privileged
(1) Except as provided for in the Act or these regulations, a practice review must be kept
confidential and is privileged from production in legal proceedings.
(2) A practice review may be disclosed to the Complaints Committee or any other
committees or individuals determined by the Council, if the disclosure is consistent
with the objects of the Association and privilege is not waived.
(3) Unless otherwise determined by a court of competent jurisdiction, any decision or
recommendation arising from a practice review is not admissible in a civil
proceeding other than in an appeal or review under the Act.
Witness disclosure about practice reviews
(1) A witness in any legal proceeding, whether a party to the proceeding or not, is
excused from all of the following:
(
a) answering any question regarding a practice review;
(
b) producing any report, statement, memorandum, plan, location certificate,
recommendation, documentation or information prepared for purposes of the
practice review.
(2) Subsection (1) does not apply to plans, location certificates, documents or records
that have been made available to the public.
Corporate Permits
Requirements for issuing corporate permit
(1) A professional corporation may apply for a corporate permit by submitting a
completed application to the Executive Director together with all of the following:
(
a) the corporate permit fee set by the Council;
(
b) all of the following information:
(
i) the names of all partners, directors and officers of the professional
corporation;
(ii) satisfactory proof that the professional corporation is registered and in
good standing with the applicable registering authority;
(iii) any name proposed to be used in the practice of professional land
surveying;
(iv) the name of each person who will practise professional land surveying
for and on behalf of the professional corporation;
(
c) proof of compliance with subsection (2).
(2) The following are the requirements for a professional corporation seeking a
corporate permit:
(
a) a person who practises professional land surveying on behalf of the
professional corporation must be an active member and must have professional
liability insurance coverage as required by these regulations;
(
b) the professional corporation must have 1 or more full-time employees who are
active members and who personally supervise, direct and control of the
practice of professional land surveying in which the professional corporation
engages;
(
c) for a professional corporation that is a body corporate,
(
i) a majority of the issued voting shares must be beneficially held by and
registered on the books of the corporation in the name of an active
member of the Association or 1 or more corporate permit holders, and
(ii) at least 1 of the directors and 1 of the officers of the corporation must be
members of the Association;
(
d) for a professional corporation that is a partnership or association of persons, a
majority of the partners or persons must be
(
i) active members of the Association, or
(ii) corporate permit holders;
(
e) any name used by a professional corporation in the practice of professional
land surveying must be a fit and proper name.
(3) Despite anything contained in the Act or these regulations, the Executive Director
must issue a corporate permit to a partnership, association of persons or body
corporate that submits all of the following:
(
a) the applicable fee;
(
b) a completed application form;
(
c) proof that one of their principal and customary functions is the application of
engineering as defined in the Engineering Profession Act ;
(
d) a list of the names of employees who are active members of the Association.
(4) Professional land surveying carried out by a partnership, association of persons or
body corporate holding a corporate permit under subsection (3) must be done under
the supervision of at least 1 full-time employee who is an active member.
Register of corporate permits
63 The Executive Director must maintain a register of corporate permits, showing the name
and business address of the entity, together with all of the following:
(
a) a list of all partners, directors and officers of the professional corporation,
except for partnerships, associations of persons or bodies corporate issued a
corporate permit under subsection 62(3);
(
b) the names of all persons who will practise professional land surveying on
behalf of the entity that is issued a corporate permit.
Corporate permit term and renewal
(1) A corporate permit is valid for the calendar year in which it is issued.
(2) A corporate permit may be renewed on or before the expiry date by submitting a
completed corporate permit application to the Executive Director together with all of
the following:
(
a) the corporate permit fee set by the Council;
(
b) for a corporate permit holder that is a professional corporation, information
satisfactory to the Executive Director to establish that the professional
corporation continues to meet the requirements of subsections 62(1) and (2);
(
c) for a partnership, association of persons or body corporate issued a corporate
permit under subsection 62(3), information satisfactory to the Executive
Director to establish that the entity continues to meet the requirements of
clauses 62(3)(
c) and (d).
Suspension, revocation or refusal to renew corporate permit
(1) If the Executive Director determines that a professional corporation that holds a
corporate permit fails to meet any of the requirements of these regulations, the
Executive Director must notify the holder in writing of the specific requirements that
have not been met.
(2) On direction from the Council, the Executive Director must suspend, revoke or
refuse to issue or renew the corporate permit of a professional corporation that fails
to meet any of the requirements of these regulations.
Permit displayed at premises
66 A professional corporation must display its current corporate permit, or a copy of it, in a
conspicuous place at its premises at all times.
Executive Director notified of changes to corporation
(1) Except for an entity issued a corporate permit under subsection 62(3), no later than
15 days after a change, a professional corporation must notify the Executive Director
in writing with the specifics of any changes in any of the following:
(
a) its partners;
(
b) its officers;
(
c) its directors;
(
d) persons who practise professional land surveying for or on behalf of the
professional corporation.
(2) An entity issued a corporate permit under subsection 62(3) must submit annually to
the Executive Director the names of employees who are active members and under
whose supervision professional land surveying is carried out and must keep the list
up to date on a quarterly basis.
Notice to and from corporate permit holder
(1) A notice required to be given to a professional corporation under the Act or these
regulations may be sent by registered mail to the address recorded on the Register of
Corporate Permits and is deemed to be received on the 3rd day after the date the
notice is sent.
(2) Notice of any act or thing that is required to be given by a professional corporation
under the Act or these regulations must be in writing and sent by registered mail and
is deemed to be received on the 3rd day after the date the notice is sent.
Appeal of decision to refuse, suspend, revoke or refuse to renew corporate permit
(1) The Council must give written reasons to a professional corporation that has been
refused a corporate permit, or the renewal of a corporate permit, or has had its permit
suspended or revoked under
Section 65.
(2) A professional corporation may, by written notice, appeal the refusal, suspension or
revocation of a corporate permit to the Registration Appeal Committee, no later than
30 days after the date it receives the written notice under subsection (1).
(3) Sections 21 and 22 apply with the necessary changes in detail to an appeal under
subsection (1).
Ordinary High Water Mark
Ordinary high water mark as water boundary
(1) In this Section, “ordinary high water mark” means
(
a) for non-tidal waters, the limit or edge of the bed of a body of water where the
land has been covered by water so long as to wrest it from vegetation or as to
mark a distinct character upon the vegetation where it extends into the water or
upon the soil itself; and
(
b) for tidal waters, the mark on the seashore reached by the average of the mean
high tides of the sea between the spring and neap tides in each quarter of a
lunar revolution during the year excluding only extraordinary catastrophes or
overflows.
(2) Unless there are existing rights to the contrary, the ordinary high water mark must be
used as the feature defining water boundaries.