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O. Reg. 218/10: GENERAL


Published: 2010-06-07

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ontario regulation 218/10

made under the

surveyors Act

Made: February 16, 2010
Approved: June 2, 2010
Filed: June 7, 2010
Published on e-Laws: June 9, 2010
Printed in The Ontario Gazette: June 26, 2010


Amending Reg. 1026 of R.R.O. 1990

(General)

1. Section 1 of Regulation 1026 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“professional member” means a member who holds a licence or a certificate of registration.

2. (1) Section 3 of the Regulation is amended by striking out “member” in the portion before clause (a) and substituting “professional member”.

(2) Clause 3 (b) of the Regulation is revoked and the following substituted: 

(b) the issue of the member’s professional conduct or competence is not before the Discipline Committee or the member is not subject to any order of that Committee; and

3. Section 4 of the Regulation is revoked and the following substituted:

4. (1) The Council shall annually appoint a Nominating Committee to be composed of six members of the Association, of whom,

(a) three shall have served as President of the Association within the eight years preceding their appointment and shall not be members of the Council;

(b) two shall be members of the Association who are not members of the Council; and

(c) one shall be a member of the Council appointed by the Lieutenant Governor in Council.

(2) The Nominating Committee shall meet before August 31 in each year and shall elect a chair from among its members.

4. (1) Subsection 5 (2) of the Regulation is amended by striking out “the 15th day of November” and substituting “November 15”.

(2) Subsection 5 (4) of the Regulation is amended by striking out “the 20th day of November” and substituting “November 20”.

(3) Subsection 5 (5) of the Regulation is amended by striking out “the 15th day of December” and substituting “December 15”.

5. Subsection 13 (1) of the Regulation is amended by striking out “and” at the end of clause (a) and by revoking clause (b) and substituting the following:

(b) at least five persons, and no more than eight persons, appointed for a term of three years by the Council who are members of the Association but not members of the Council, at least one of whom holds a certificate of registration; and

(c) one member of the Council appointed by the Lieutenant Governor in Council.

6. Section 17 of the Regulation is revoked.

7. Subsection 19 (2) of the Regulation is revoked and the following substituted:

(2) Retired members are entitled to receive general information issued by the Association, serve on committees of the Council, attend meetings of the Association and vote on all member issues at the meetings.

8. Clauses 20 (1) (a) and (c) of the Regulation are revoked and the following substituted:

(a) is enrolled in a post-secondary school course in professional land surveying;

. . . . . .

(c) is employed in, retired from or aligned with the practice of professional land surveying.

9. (1) Clause 22 (1) (a) of the Regulation is amended by striking out “the 31st day of December, 1969” and substituting “December 31, 1969”.

(2) Clause 22 (1) (b) of the Regulation is revoked and the following substituted:

(b) subject to subsection (3), the name or names of one or more persons who are professional members engaged with each other in the practice of professional land surveying; or

(3) The following provisions of the Regulation are amended by striking out “cadastral surveying” and substituting “professional land surveying”:

1. Clause 22 (1) (c).

2. Subsection 22 (3) in the portion before clause (a).

(4) The following provisions of the Regulation are amended by striking out “licensed member” and substituting “professional member”:

1. Clause 22 (3) (a).

2. Subsection 22 (5).

(5) Subsection 22 (6) of the Regulation is revoked.

10. Section 22.1 of the Regulation is revoked and the following substituted:

22.1 The following are prescribed as branches of professional land surveying:

1. Cadastral surveying.

2. Geodetic surveying.

3. Hydrographic surveying.

4. Photogrammetric surveying.

5. Geographic information management.

11. (1) Subsection 23 (5) of the Regulation is amended by striking out “one year” at the end and substituting “six months”.

(2) Subsections 23 (7) and (8) of the Regulation are revoked and the following substituted:

(7) An articling student shall complete the assignments and examinations that are required by the policies of the Academic and Experience Requirements Committee as approved by the Council.

(8) An articling student shall satisfy the requirements of subsections (4) and (7) within four years of the commencement of his or her term of articles or by the end of the period as extended by the Academic and Experience Requirements Committee under subsection (8.1).

(8.1) The Academic and Experience Requirements Committee may extend the period of four years for up to one year if the student has taken parental leave during the initial period and applies to the Committee for an extension before the end of the initial period.

(8.2) An articling student who fails to complete the requirements within the time period required under subsection (8) may, one year after the expiry of the original term of articles, reapply for articles, at which time the Academic and Experience Requirements Committee shall determine the term and conditions of articles in accordance with its policy.

(3) Subsection 23 (11) of the Regulation is amended by striking out “them” at the end and substituting “each of them”.

(4) Subsection 23 (14) of the Regulation is amended by striking out “(8)” and substituting “(7)”.

(5) Subsection 23 (15) of the Regulation is revoked and the following substituted:

(15) The Academic and Experience Requirements Committee may waive the term of articles prescribed in this section for an applicant who is a professional land surveyor in good standing in another jurisdiction.

12. (1) Clause 25 (1) (c) of the Regulation is revoked.

(2) Clause 25 (2) (b) of the Regulation is amended by striking out “licensed member” and substituting “professional member”.

(3) Clause 25 (2) (c) of the Regulation is revoked and the following substituted:

(c) a statement of the names of its directors and officers, the professional member or professional members responsible for personally supervising the practice of professional land surveying, the addresses and telephone numbers of all offices and the professional members responsible for each office.

13. (1) Clause 26 (2) (b) of the Regulation is amended by striking out “licensed members” and substituting “professional members”.

(2) Clause 26 (2) (c) of the Regulation is revoked and the following substituted:

(c) a statement of the names of its directors and officers, the professional member or professional members responsible for personally supervising its practice of professional land surveying, the addresses and telephone numbers of all offices and the professional members responsible for each office.

14. Subsection 28 (1) of the Regulation is amended by striking out “member” in the portion before clause (a) and substituting “professional member”.

15. (1) Subsection 29 (1) of the Regulation is amended by striking out “licensed member” and substituting “professional member”.

(2) Subsection 29 (2) of the Regulation is revoked and the following substituted:

(2) A professional member of the Association shall return his or her seal upon the suspension or cancellation of his or her licence or certificate of registration.

16. Section 31 of the Regulation is revoked and the following substituted:

31. (1) Professional members and holders of certificates of authorization shall complete and return to the Association, on the request of the Council, returns of information in the form prescribed by the by-laws, setting out their names, addresses, telephone numbers, the names of their associates, partners and employees who are professional members and a statement of their professional liability insurance coverage.

(2) Corporations that hold certificates of authorization shall set out in their returns of information the information in subsection (1) and a statement of the names of their directors and officers, the professional member or professional members responsible for personally supervising their practice of professional land surveying, the addresses and telephone numbers of all offices and the professional members responsible for each office.

17. (1) Subsection 34 (1) of the Regulation is amended by striking out “Members” at the beginning and substituting “Professional members”.

(2) Clauses 34 (2) (a) to (e) of the Regulation are revoked and the following substituted:

(a) every professional land surveying office that operates under the authority of a certificate of authorization shall be operated and supervised on a full-time basis by a professional member or professional members of the Association qualified in the professional land surveying services offered;

(b) no professional member shall hold himself or herself out as carrying on the practice of professional land surveying from more than one office unless specifically authorized by the Registration Committee;

(c) no partnership or corporation authorized to practice the profession of land surveying shall list a professional member as being in charge of more than one office unless specifically approved by the Registration Committee;

(d) no professional member shall enter into or continue to practise professional land surveying in a partnership unless all of the partners are professional members;

(e) no professional member shall act as a servant or agent of a person who is not a professional member so as to enable the person to offer professional land surveying services to the public;

(3) Clauses 34 (2) (h) to (j) of the Regulation are revoked and the following substituted:

(h) every professional member shall report to the Registrar any gross or consistent practice or omission of another professional member, of which the member is aware, that may constitute professional misconduct or incompetence;

(i) every professional member shall keep and make available to his or her client, on request, an itemized and accurate record of the cost of a survey; and

(j) no licensed member shall pay a commission in respect of a cadastral survey or offer or agree to divide his or her remuneration with another person in respect of a cadastral survey unless the other person has participated in making the survey.

(4) Subsections 34 (3) and (4) of the Regulation are revoked and the following substituted:

(3) A professional member may operate a consultation office if it is maintained for the sole purpose of client communication and if it is open to the public for specified hours only with a professional member in attendance.

(4) A consultation office is not a professional land surveying office for the purposes of clause (2) (a) or an office for the purposes of clauses (2) (b) and (c).

18. Subsection 36 (1) of the Regulation is revoked and the following substituted:

(1) Every professional member who holds a certificate of authorization or practises under the authority of a partnership, or corporation that holds a certificate of authorization shall have insurance coverage for liability for errors, omissions and negligent acts arising out of the performance or non-performance of all services within the practice of professional land surveying offered or provided to the public by the member.

19. Subsection 38 (1) of the Regulation is amended by striking out “member” and substituting “professional member”.

20. (1) Subsection 40 (1) of the Regulation is revoked and the following substituted:

(1) In this section,

“firm” means,

(a) any professional member or group of professional members that undertakes professional land surveying, or

(b) a government department or agency, that undertakes cadastral surveying, whether or not it is a service offered to the public; 

“project” means a plan, map, drawing, file, report or any other form of transmittal by which a professional member advises or gives an opinion as to,

(a) the establishment or determination of boundaries delineating any right or interest in land or land covered with water, or

(b) the determination or analysis of spatial attributes of natural and artificial features on, above or below the surface of the earth, whether or not the surface of the earth is situated below water.

(2) Subsection 40 (3) of the Regulation is amended by adding “in accordance with the policies of the Council” after “each firm”.

(3) Subsection 40 (4) of the Regulation is amended by adding “or project” after “one plan”.

(4) Subsection 40 (8) of the Regulation is amended by adding “and the Registrar shall report the instances to the Complaints Committee” at the end.

21. This Regulation comes into force on the day it is filed.

Made by:

Council of the Association of Ontario Land Surveyors:

Alan J. Worobec

President

Blain Martin

Executive Director

Date made: February 16, 2010.