Land Surveyors Act

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Published: 2015-11-01

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chapter A-23

Land Surveyors Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 363-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1873.

DIVISION I 
DEFINITIONS

Interpretation:

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

“Order”;

 (a) “Order”: the Ordre des arpenteurs-géomètres du Québec constituted by this Act;

“board of directors”;

 (b) “board of directors”: the board of directors of the Order;

“land surveyor”;

 (c) “land surveyor” or “member of the Order”: any person entered on the roll;

“permit”;

 (d) “permit”: a permit issued in accordance with the Professional Code (chapter C-26) and this Act;

“roll”;

 (e) “roll”: the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act;

“surveyor general”.

 (f) “surveyor general”: the Minister of Natural Resources and Wildlife.

1973, c. 61, s. 1; 1974, c. 65, s. 100; 1977, c. 5, s. 229; 1979, c. 81, s. 20; 1994, c. 13, s. 15; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2008, c. 11, s. 212.

DIVISION II 
ORDRE DES ARPENTEURS-GÉOMÈTRES DU QUÉBEC

Professional order. Names.

2. All the persons qualified to practise the profession of land surveyor in Québec constitute a professional order called the “Ordre professionnel des arpenteurs-géomètres du Québec” or the “Ordre des arpenteurs-géomètres du Québec”.

1973, c. 61, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 202.

Seal.

3. The seal of the Order shall bear the following inscription: “Ordre des arpenteurs-géomètres du Québec”.

1973, c. 61, s. 3; 1977, c. 5, s. 229; 1994, c. 40, s. 203.

Code to govern.

4. Subject to the provisions of this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1973, c. 61, s. 4.

Head office.

5. The head office of the Order shall be within the territory of Ville de Québec or that of an adjoining local municipality or at any other place in Québec determined by regulation of the board of directors adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

1973, c. 61, s. 5; 1994, c. 40, s. 204; 1996, c. 2, s. 73; 2008, c. 11, s. 212.

Service of proceedings.

6. Every proceeding brought against the Order must be served upon the president, the secretary or one of his assistants, at the head office of the Order.

1973, c. 61, s. 6.

DIVISION III 
THE BOARD OF DIRECTORS
2008, c. 11, s. 212.

Composition of board of directors.

7. The Order shall be governed by a board of directors consisting of 14 directors.

1973, c. 61, s. 7; 1994, c. 40, s. 205; 2008, c. 11, s. 212.

Elected directors.

8. Eleven directors shall be elected in the manner provided for in the Professional Code (chapter C-26).

Appointed directors.

Three other directors shall be appointed by the Office des professions du Québec, in the manner provided in the Professional Code.

1973, c. 61, s. 8; 1974, c. 65, s. 109; 1994, c. 40, s. 206.

President and vice-president.

9. At the first meeting of the board of directors following an election, the elected directors shall designate from among their number a president and vice-president by secret ballot and without prior nominations.

1973, c. 61, s. 9; 2008, c. 11, s. 212.

Replacement.

10. If the president is absent or unable to act, he shall be replaced by the vice-president.

1973, c. 61, s. 10; 1999, c. 40, s. 22.

11. (Repealed).

1973, c. 61, s. 11; 1994, c. 40, s. 207.

12. (Repealed).

1973, c. 61, s. 12; 1994, c. 40, s. 207.

Regulations of board of directors.

13. In addition to the powers provided in section 94 of the Professional Code (chapter C-26), the board of directors may, by regulation:

 (a) (subparagraph repealed);

 (b) (subparagraph repealed);

 (c) (subparagraph repealed);

 (d) (subparagraph repealed);

 (e) establish standards respecting the keeping of records;

 (f) determine the form, dimensions and nature of the boundary marks, marks or bench-marks placed by a land surveyor;

 (g) determine the procedure which the syndic must follow to claim possession of records and remit such records to the clerk of the Superior Court in the case referred to in subsection 2 of section 59 and fix the costs that must be assumed by the person obliged to make such deposit;

 (h) determine the circumstances in which the board of directors may appoint a person as provisional custodian of records, the powers and obligations of such provisional custodian, the term of such provisional custody and the terms and conditions concerning the affixing of seals on such records until the appointment of a provisional custodian and determine the costs of provisional custody and of the affixing of seals which must be assumed by the land surveyor whose records are placed in provisional custody;

 (i) determine the terms and conditions for the issuing of a permit to the person mentioned in section 37, particularly the subject matters on which such person must pass examinations.

Provisions applicable.

Sections 95.2 and 95.3 of the Professional Code apply to the regulations adopted pursuant to subparagraphs e, f, g and h of the first paragraph.

1973, c. 61, s. 13; 1974, c. 65, s. 101; 1975, c. 80, s. 46; 1983, c. 54, s. 8; 1994, c. 40, s. 208; 2000, c. 13, s. 53; 2008, c. 11, s. 212; 1994, c. 40, s. 208.

14. (Repealed).

1973, c. 61, s. 14; 1994, c. 40, s. 209.

DIVISION IV 
EXECUTIVE COMMITTEE
2008, c. 11, s. 212.

Composition.

15. An executive committee composed of five members of the board of directors, including the president, the vice-president, two elected directors and one appointed director, shall exercise the powers and be subject to the rules prescribed in sections 96 to 100 of the Professional Code (chapter C-26).

1973, c. 61, s. 15; 1994, c. 40, s. 210; 2008, c. 11, s. 157, s. 212.

DIVISION V 
SECRETARY OF THE ORDER

Secretary.

16. The board of directors shall choose the secretary from among the members of the Order.

1973, c. 61, s. 16; 1977, c. 66, s. 34; 2008, c. 11, s. 212.

Duties.

17. The secretary shall act as secretary of the Order, the board of directors and the executive committee.

1973, c. 61, s. 17; 2008, c. 11, s. 212.

Certificate authentic.

18. Every certificate bearing the signature of the secretary shall be authentic.

1973, c. 61, s. 18.

Absence of secretary.

19. If the secretary is absent or unable to act, any act required of him shall be validly done by the president of the Order or any other person designated by the board of directors.

1973, c. 61, s. 19; 2008, c. 11, s. 212.

DIVISION VI 
Repealed, 1994, c. 40, s. 211.
1994, c. 40, s. 211.

20. (Repealed).

1973, c. 61, s. 20; 1975, c. 80, s. 47; 1994, c. 40, s. 211.

21. (Repealed).

1973, c. 61, s. 21; 1994, c. 40, s. 211.

22. (Repealed).

1973, c. 61, s. 22; 1994, c. 40, s. 211.

23. (Repealed).

1973, c. 61, s. 23; 1994, c. 40, s. 211.

24. (Repealed).

1973, c. 61, s. 24; 1994, c. 40, s. 211.

25. (Repealed).

1973, c. 61, s. 25; 1994, c. 40, s. 211.

26. (Repealed).

1973, c. 61, s. 26; 1994, c. 40, s. 211.

27. (Repealed).

1973, c. 61, s. 27; 1994, c. 40, s. 211.

28. (Repealed).

1973, c. 61, s. 28; 1994, c. 40, s. 211.

29. (Repealed).

1973, c. 61, s. 29; 1994, c. 40, s. 211.

30. (Repealed).

1973, c. 61, s. 30; 1994, c. 40, s. 211.

DIVISION VII 
Repealed, 1994, c. 40, s. 211.
1994, c. 40, s. 211.

31. (Repealed).

1973, c. 61, s. 31; 1994, c. 40, s. 211.

32. (Repealed).

1973, c. 61, s. 32; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1994, c. 40, s. 211.

33. (Repealed).

1973, c. 61, s. 33; 1994, c. 40, s. 211.

DIVISION VIII 
PRACTICE OF THE PROFESSION

Public officer.

34. A land surveyor is a public officer.

Acts constituting practice.

The following constitute the practice of the profession of land surveyor:

 (a) all surveys of land, measurements for boundary purposes, making of boundaries, plotting of plans, making of plans, minutes, reports, technical descriptions of territories, certificates of localization and all documents and operations made by direct, photogrammetric, electronic or other methods connected in any way with bounding, laying out of lots, or establishing the site of servitudes, staking of lots, and scaling of lakes, rivers, and other bodies of water in Québec, with the calculation of the area of public and private property, all cadastral operations or compiling of lots or parts of lots, and cartographic representation of territory for the above-mentioned purposes;

 (b) establishing and keeping up-to-date the skeleton map of geodetic points of any order of precision and establishing of photogrammetric controls for the purposes of the work enumerated in subparagraph a.

1973, c. 61, s. 34; 1974, c. 65, s. 102.

Validity of operation.

35. No operation defined by section 34 is valid unless performed by a land surveyor and carried out in accordance with the law and the regulations of the Order.

1973, c. 61, s. 35.

Prohibited acts relating to survey documents.

36. Subject to sections 62 and following, every land surveyor is, on pain of nullity of his acts and the other disciplinary penalties provided in the Professional Code (chapter C-26), prohibited from signing or certifying as land surveyor any document connected with a survey or any of the operations defined by section 34, which he has not himself performed or which has not been carried out under his direct supervision and which has not been carried out in accordance with the law and the regulations of the Order.

Exception.

Nothing in this section shall prevent a land surveyor from preparing a document based on a document prepared by another land surveyor provided that he expressly mentions it in his own document.

1973, c. 61, s. 36.

Conditions.

37. Any person who, before 1 February 1974, was the holder of a certificate for admission to the study of land surveying authorizing him to become articled to a master land surveyor is entitled to obtain a permit if he meets the conditions determined by the board of directors under subparagraph i of the first paragraph of section 13.

1973, c. 61, s. 37; 1975, c. 80, s. 48; 1994, c. 40, s. 212; 2008, c. 11, s. 212; 1994, c. 40, s. 212.

Restrictive permit.

38. The board of directors may issue a restrictive permit to any person who:

 (a) (subparagraph repealed);

 (b) has established to the satisfaction of the committee formed by the board of directors for that purpose, his competence and his special training in geodesy, photogrammetry, cartography, hydrography, geography or other discipline recognized by the board of directors;

 (c) has paid the dues fixed by the board of directors;

 (d) has filed a specimen of his signature in the office of the secretary.

Rights of holder.

The holder of such a permit shall enjoy all the rights of a land surveyor and be subject to the same duties and obligations, except that he shall only be called a “surveyor” and shall not perform professional acts other than those specifically authorized by his permit.

1973, c. 61, s. 38; 1994, c. 40, s. 213; 2000, c. 13, s. 54; 2008, c. 11, s. 158, s. 212.

39. (Repealed).

1973, c. 61, s. 39; 1994, c. 40, s. 214.

40. (Repealed).

1973, c. 61, s. 40; 1994, c. 40, s. 214.

41. (Repealed).

1973, c. 61, s. 41; 1975, c. 80, s. 49; 1994, c. 40, s. 214.

DIVISION IX 
ILLEGAL PRACTICE

Acts restricted to land surveyor.

42. Subject to the rights and privileges expressly granted by law to other professionals, no person may perform any of the acts described in section 34 unless he is a land surveyor.

Exceptions.

This section does not apply to the acts performed:

 (a) by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26);

 (b) by a person merely gathering information for his own use.

Rights not affected.

Nothing in this section shall specially affect the rights of the members of the Ordre des architectes du Québec, the Ordre des ingénieurs du Québec, the Ordre des ingénieurs forestiers du Québec and the Ordre professionnel des évaluateurs agréés du Québec in fields recognized by law to be within their competence.

1973, c. 61, s. 42; 1977, c. 5, s. 229; 1994, c. 40, s. 215.

Offence and penalties.

43. Every person who contravenes section 42 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 61, s. 43.

DIVISION X 
MISCELLANEOUS

§ 1. —  Measures and standards

Verification of instruments.

44. A land surveyor must verify the precision of every instrument for measuring angles or length which he acquires and repeat such verification at the intervals fixed by the board of directors and in accordance with the methods recognized by the board of directors and approved by the surveyor general.

1973, c. 61, s. 44; 1994, c. 40, s. 216; 2008, c. 11, s. 212.

§ 2. —  Assistants

Oath of assistants.

45. Before employing the services of a person for survey operations, the land surveyor shall make him take an oath:

 (a) to do his work correctly and to the best of his judgment and ability;

 (b) to render a true and faithful account of his operations to the land surveyor.

1973, c. 61, s. 45; 1999, c. 40, s. 22.

Spouse or person allied not to be employed.

46. The spouse of or a person allied or related within the degree of cousin-german inclusively to a person interested in a survey operation shall not be employed as a technical assistant in such land survey.

1973, c. 61, s. 46; 2002, c. 6, s. 83.

§ 3. —  Powers and duties of land surveyors

Offence and penalty for interrupting surveyor.

47. Every person who interrupts, molests or interferes in any manner with a land surveyor or unduly intervenes in the performance of his duties is guilty of an offence and is liable to the penalties contemplated in section 188 of the Professional Code (chapter C-26), without any prejudice to any civil recourse which the land surveyor or any other person may exercise against him.

1973, c. 61, s. 47.

Right of passage.

48.  (1) The land surveyor, and those who assist him, may, in the performance of their duties, pass over any property and thereon perform the operations they consider necessary.

Injury.

 (2) The land surveyor is bound to repair any injury he or his assistants cause to other persons in performing their duties.

Recourse of surveyor.

 (3) Unless the injury results from the fault of the land surveyor or his assistants, the land surveyor shall have a right of action for recovery against his mandator.

1973, c. 61, s. 48; 1999, c. 40, s. 22.

Standards of practice.

49. A land surveyor, in the practice of his profession, shall follow standards of practice established by the regulations of the board of directors.

1973, c. 61, s. 49; 2008, c. 11, s. 212.

Interrogation on oath.

50.  (1) A land surveyor may interrogate, under oath, any person whom he thinks capable of giving him information or is in possession of any writings, plans or documents touching on boundaries or limits of the land which he is employed to survey.

Subpoena.

 (2) Any person who refuses to give information voluntarily or produce documents required may be compelled, by a writ of subpoena, to appear before the land surveyor at the time and place fixed in the writ, and to bring with him any writing, plan or document mentioned therein.

Issue of writ.
Such writ shall be issued, at the request of the land surveyor, by the clerk of the Superior Court or the clerk of a Court of Québec in the district where the survey is carried out.

Service.
It shall be served in the manner provided in the Code of Civil Procedure (chapter C-25).

Contempt of court.

 (3) Any person so summoned, whose reasonable expenses have been paid or tendered, is deemed guilty of contempt of court if he refuses or neglects to appear.

1973, c. 61, s. 50; 1988, c. 21, s. 66.

Boundary markers.

51.  (1) A land surveyor carrying out boundary operations agreed to by the parties or ordered by the Court shall place one or more boundary markers to mark the boundary of any land or property which he is surveying, or to show the course of any division line.

Form of markers.

 (2) The form, dimension and nature of the boundary markers placed by the land surveyor shall be established by regulation of the board of directors.

Other person placing marker.

 (3) Any person, other than a land surveyor, who places a boundary marker contemplated in subsection 2 is guilty of an offence and is liable to the penalties provided in section 188 of the Professional Code (chapter C-26).

Entry of impossibility to place marker.

 (4) When, because of local conditions, it is impossible to place a boundary marker in accordance with subsections 1 and 2, the land surveyor shall enter such fact in his minutes; he shall fix the boundaries and describe his operations by designating the streets, neighbouring properties and other fixed objects in such manner that any other land surveyor may by means of such minutes repeat the operations and determine the boundaries, points, lines and other details; he may also fix the boundaries and describe his operations with respect to a local system of rectangular coordinates detailed in the minutes.

1973, c. 61, s. 51; 1975, c. 80, s. 50; 2008, c. 11, s. 212.

Minute of operations.

52.  (1) A land surveyor determining the boundaries shall, when he has finished his operations, draw up a minute declaring therein on pain of nullity:

(a)  the judicial district where the immovables are situated;

(b)  the date on which the boundary operations are carried out;

(c)  the names of the parties to the boundary determination, their qualities, and residences;

(d)  his name, his right to practice the profession of land surveyor, the name of the partnership or company within which he carries on professional activities and the address of his office;

(e)  the titles and documents which he has examined;

(f)  under what authority he has placed the boundary markers;

(g)  the presence of the parties at the operations, or their authorized representatives, or in their absence, the names and qualities of the witnesses who were present at the placing of the boundary markers;

(h)  the operations which he has carried out, including the referencing;

(i)  the names of the assistants, mentioning their swearing-in, if necessary, their ages and domiciles;

(j)  information helpful in locating and ascertaining the identity of the boundary markers which he has placed and the lines which he has established;

(k)  the date on which he draws up such minutes, the date and place of the signature of the parties, if necessary, and the number he gives his minutes.

Annexing copy of report.

Instead of recording the information contemplated in the above subparagraphs e and h, the land surveyor may annex to his minutes a copy of the report that he has prepared in accordance with article 789 of the Code of Civil Procedure (chapter C-25) and refer to it.

Interlineations.

 (2) A land surveyor shall not enter any interlineation or erase in the minutes or in the copies of the minutes.

Mention of words struck out.
The number of words struck out and the number of marginal notes shall be mentioned in the minutes and each such mention shall be initialed by the land surveyor and the persons signing the minutes. On the copies, the words struck out and the marginal notes shall be initialed by the land surveyor on pain of nullity.

1973, c. 61, s. 52; 1992, c. 57, s. 432; 1995, c. 33, s. 15; 1999, c. 40, s. 22; 2009, c. 35, s. 29.

Signature of minutes.

53.  (1) The land surveyor shall have the minutes signed before him, by the parties if they are present, or by their authorized representatives if they are able and willing to sign.

Signature in presence of an other surveyor.

 (2) The signature of any party to the minutes of a boundary determination may be affixed in the presence of a land surveyor other than the land surveyor who has drawn up the minutes. In such case, after signing by the party and immediately below, the land surveyor who has executed it must enter and sign an attestation of receipt of such signature before him and the date of receipt of such signature.

Mention of non-presence.

 (3) If the parties or their representatives are not present, or if they are unable or unwilling to sign, the land surveyor shall mention it.

Registration.

 (4) The land surveyor is bound to require that all minutes of boundary determination prepared by him be registered in the land register and the registrar is bound to enter them in the register.

1973, c. 61, s. 53; 1999, c. 40, s. 22; 2000, c. 42, s. 100.

Removing marks.

54. Any person who voluntarily and illegally effaces, disturbs or removes any boundary mark, geodesic monument, post, reference mark or any other mark placed or planted by a land surveyor in the performance of his duties is guilty of an offence and is liable to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 61, s. 54.

§ 4. —  Records

Records of survey.

55. A land surveyor shall keep a record of all his survey operations, indicating the date and the nature of his operations, the names of the parties for whom he has worked and the description of the land upon which he has worked.

1973, c. 61, s. 55.

Signing of minutes.

56.  (1) A land surveyor shall sign and preserve as minutes, the minutes of boundary determination and the other survey documents he prepares and shall protect them from any alteration or change. The assignee, custodian or provisional custodian of records shall also keep in good order and protect from any alteration or change the documents contained in any records of which he is the assignee, custodian or provisional custodian.

Preservation of documents.

 (2) The board of directors may, by regulation, determine which documents must be preserved and the manner and duration of their preservation. Sections 95.2 and 95.3 of the Professional Code (chapter C-26) apply to such a regulation.

Repertory.

 (3) A land surveyor shall also enter in good order in a repertory and index the minutes he signs and the operations he carries out.

Content.

 (4) The repertory is a register in which the land surveyor enters day by day, the minutes he signs and the operations he carries out. Entry in the repertory must contain consecutively the date, the number of the minute, if any, the number of the lot, the nature of the operations or of the document and the names of the owners and interested parties.

Records of surveyor.

 (5) The minutes, the records of a survey operation and the documents connected therewith which are necessary for the reconstruction of such operation, the repertory and the index respecting it constitute the records of a land surveyor.

1973, c. 61, s. 56; 1975, c. 80, s. 51; 2008, c. 11, s. 212; 2009, c. 35, s. 30.

Joint records.

57.  (1) Several land surveyors practising in partnership or under a common authority may keep joint records.

Custodian.

 (2) Such records shall be in the custody of a land surveyor designated by the members or shareholders of the partnership or, as the case may be, by the common authority on whose behalf the records are kept.

Notice to secretary.

 (3) A land surveyor designated custodian of a joint record must notify the secretary of the Order within seven days of being designated.

Permanent withdrawal of documents

 (4) Unless by prior agreement, a land surveyor shall not permanently withdraw from such records the documents he has prepared without the consent of a majority of the members or shareholders of the partnership or, as the case may be, without the consent of the common authority on whose behalf the records are kept.

Deposit of joint records.

 (5) When joint records cease to be in the custody of a land surveyor, the documents constituting such records shall be deposited in accordance with section 58 by the last land surveyor who had custody of such records, by his successors or by the common authority on whose behalf such records were kept.

Copy to depositor.

 (6) The person who makes a deposit under subsection 5 is entitled to obtain from the depositary a copy of each document deposited, upon the conditions fixed by regulation of the board of directors.

1973, c. 61, s. 57; 1999, c. 40, s. 22; 2008, c. 11, s. 212; 2009, c. 35, s. 31.

Deposit of records in case of death.

58.  (1) The records of a land surveyor who dies, leaves Québec or the region where he practises, becomes unable to act following the institution of tutorship or curatorship or following his removal from office, or voluntarily ceases to practise his profession shall be deposited by him, his tutor or curator or his successors, as the case may be, in the office of the clerk of the Superior Court for the district in which such land surveyor last practised or had his residence, if he has not assigned them to another land surveyor.

Time limit for deposit.

 (2) Such deposit must be made within 30 days after notice given for that purpose at the last known address of the land surveyor by the secretary of the Order, except in the case of death, when the time limit shall be 90 days.

Assignment of records.

 (3) A land surveyor may at any time assign all or part of his records to another land surveyor or to the clerk of the district in which he practises.

Notice to secretary.

 (4) A land surveyor who becomes assignee of the records of another land surveyor shall give notice of it to the secretary of the Order within seven days following the date of assignment.

Duty to preserve.

 (5) When a clerk becomes the depository of records under this section, he is bound by the obligation to preserve as provided in section 56.

1973, c. 61, s. 58; 1975, c. 80, s. 52; 1989, c. 54, s. 154; 1999, c. 40, s. 22.

Failure to make deposit.

59.  (1) Every person who is obliged to make such deposit and who refuses or neglects to do so, is guilty of an offence and is liable to a fine of $500 for each month's delay following the expiry of the time limit fixed by subsection 2 of section 58.

Notice to syndic.

 (2) As soon as the secretary of the Order is informed that a land surveyor's records have become subject to be deposited and that such deposit has not been made within the prescribed time limit, he shall give notice of it to the syndic, who shall claim possession of it.

1973, c. 61, s. 59; 1990, c. 4, s. 61; 1999, c. 40, s. 22.

Retaking possession.

60. The land surveyor who is readmitted to practice may retake possession of his records from the hands of the assignee, the provisional custodian, the syndic or the clerk upon an attestation signed by the secretary to the effect that the land surveyor:

 (a) is entitled to resume the practice of his profession;

 (b) has paid the dues fixed by the board of directors;

 (c) has paid any and all expenses incurred for the repossession of his records as well as for the assignment, provisional custody, claim or deposit of such records.

1973, c. 61, s. 60; 1975, c. 80, s. 53; 1994, c. 40, s. 217; 2008, c. 11, s. 158, s. 212.

Documents unseizable.

61. The documents included in the records of a land surveyor are unseizable.

1973, c. 61, s. 61.

§ 5. —  Issue of copies and certification of documents

Copies of minutes from records.

62. A land surveyor shall, for remuneration determined by the board of directors, communicate or send copies of or extracts from the minutes forming part of his records or the records of which he is assignee or custodian to the person who requested the work to be done and to the successors of such person. Where another interested person requests that a document be communicated or sent, the land surveyor must comply if such document is registered at a registry office or is mentioned in a registered document. In other cases, the land surveyor shall not communicate or send a document except on an order of the court or with the authorization of the person who requested the work to be done or the successors of such person.

Rules to apply.

The same rules apply to the clerk who is the depositary of the records of a land surveyor under section 58.

1973, c. 61, s. 62; 1975, c. 80, s. 54; 1994, c. 40, s. 218; 1999, c. 40, s. 22; 2008, c. 11, s. 158, s. 212.

Content of copy.

63. Any copy or extract of a document from the records of a land surveyor must contain the date of the document, its nature, the name of the signatory and the names and designations of the parties, if any.

Certifying true copy.

Such a copy or extract shall only be certified to be a true copy by the land surveyor or clerk who issues it.

1973, c. 61, s. 63.

Certifying true copy.

64. Every copy or extract of a document in the records of a land surveyor used in an act respecting a real right must be certified true.

1973, c. 61, s. 64.

Authority to be cited.

65. The land surveyor, assignee, custodian of records, clerk or depositary of records who issues a copy or extract of a document from such records, shall cite the authority under which he acts.

1973, c. 61, s. 65.

Authorization to certify.

66. A land surveyor may, by a writing a copy of which is sent to the secretary of the Order, authorize any land surveyor to certify and issue copies of documents which he may himself issue.

1973, c. 61, s. 66.

Certified copy of plans to surveyor general.

67. A land surveyor shall, for remuneration determined by the board of directors, issue to the surveyor general, if he requires it, a certified copy of plans or minutes of a survey which he may have performed for any person, on pain of being struck off the roll, unless he shows sufficient cause before the board of directors.

1973, c. 61, s. 67; 1974, c. 65, s. 103; 1994, c. 40, s. 219; 2008, c. 11, s. 158, s. 212.

Private stamp or seal.

68. A land surveyor shall be bound to affix the private stamp or seal provided for by the board of directors to every copy he certifies to be true.

1973, c. 61, s. 68; 1994, c. 40, s. 220; 2008, c. 11, s. 158, s. 212.

69. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 61 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 69 to 75 and 88, effective from the coming into force of chapter A-23 of the Revised Statutes.