Bill 41 - An Act to Incorporate the Association of New Brunswick Land Surveyors

BILL 41

An Act to Incorporate the Association of New Brunswick Land Surveyors

WHEREAS the Association of New Brunswick Land Surveyors prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 This Act may be cited as the New Brunswick Land Surveyors Act, 2017.

2 The following definitions apply in this Act.

“Association” means the Association of New Brunswick Land Surveyors. (Association)

“Board” means the Board of Examiners appointed under the provisions of this Act. (Commission)

“by-laws” mean by-laws made under the authority of this Act. (règlements administratifs)

“certificate of authorization” means a certificate issued under this Act for the purpose of allowing a partnership, association of persons or a corporation to practise land surveying. (certificat d’autorisation)

“Council” means the Council of the Association established under section 9 (Conseil)

“land surveyor” means any person registered under this Act to practise land surveying in the Province of New Brunswick. (arpenteur-géomètre)

“member” means a land surveyor who is a member of the Association in good standing, and, for the purpose of a disciplinary action or investigation under this Act, includes a person whose membership is suspended, revoked, or who has resigned or has retired. (membre)

“practice of land surveying” includes (exercer l’activité d’arpentage)

(a) the survey of land or airspace to determine or establish legal boundaries, including subdivision thereof, or any right or interest therein,

(b) the survey of land or airspace to determine the location of anything relative to a boundary for the purpose of certifying its location,

(c) the survey of lakes, rivers or watercourses to establish or determine legal boundaries, or any right or interest therein,

(d) the survey, by any means including photogrammetric, electronic or astronomic methods, of land, water or airspace for the purpose of preparing plans and documents connected with the establishment of legal boundaries, or to determine any right or interest therein, and

(e) the preparation of maps, plans, documents and giving advice with respect to any of the matters specified in paragraphs (a) to (d).

“president” means the president of the Association or the presiding officer. (président)

“register” means the land surveyors’ register as provided for under this Act. (registre))

“surveyor-in-training” means a person who has registered with the Association and is in good standing, and for the purpose of a disciplinary action or investigation under this Act, includes a person whose registration is suspended, revoked, or who has resigned or is retired. (arpenteur-géomètre stagiaire)

ASSOCIATION

3( 1) The Association, incorporated by An Act to Incorporate the Association of New Brunswick Land Surveyors, chapter 97 of the Acts of New Brunswick, 1954, and continued by chapter 91 of the Acts of New Brunswick, 1986, is continued as a corporation without share capital.

3( 2) The Association shall consist of persons who are members on the date this Act comes into force, together with such persons who become members thereafter.

3( 3) The category of membership of a person who is a member when this Act comes into force shall not change by reason thereof.

4( 1) The head office of the Association shall be determined by Council.

4( 2) The Association shall have a seal in a form approved by by-law.

4( 3) English and French are the official languages of the Association.

OBJECTIVES

5 In order to serve and protect the public interest, the objects of the Association are:

(a) to regulate the practice of land surveying and to govern the members and surveyors-in-training in accordance with this Act and the by-laws;

(b) to establish, maintain and develop standards of knowledge and skill for the practice of land surveying;

(d) to establish, maintain and develop standards of professional ethics;

(e) to promote public awareness of the role of the Association and communicate and co-operate with other professional organizations for the advancement of the best interests of the Association.

POWERS

6 The Association, in furtherance of its objectives, shall have the power to:

(a) provide for the governance and regulation of persons practising the profession of land surveying in the Province of New Brunswick;

(b) admit, reinstate, suspend, remove or discipline members, surveyors-in-training, or holders of certificates of authorization;

(c) acquire and hold assets and property, both real and personal, by way of purchase, lease, grant, hire, exchange or otherwise, and to dispose of such property by any means;

(d) provide for the management of its property and assets, and of its affairs and business including the employment of staff;

(e) borrow money for the purpose of carrying out any of the objectives of the Association and give security for money borrowed on any of its real or personal property by way of mortgage, pledge, charge or otherwise;

(f) invest money of the Association, not immediately required for any of its objectives, in any manner as it may from time to time determine;

(g) establish and maintain a register of land surveyors who are members, which register shall be the official register of persons entitled to practise land surveying in the Province;

(h) fix and collect fees payable by any person

( i) upon being admitted as a member or enrolled as a surveyor-in-training,

( ii) desiring to write any examination prescribed by the Association with a view to becoming a member or being enrolled as a surveyor-in-training,

( iii) for certificates of authorization, or

( iv) as annual dues;

(i) assess members for any ordinary, special or extraordinary expenditure that may be deemed necessary or expedient to further any of the objectives of the Association;

(j) prescribe the nature and extent of the education and practical experience in land surveying which must be possessed by any person before being registered to practise land surveying in the Province;

(k) prescribe requirements for mandatory continuing education and competency for members including procedures for the review and auditing of the mandatory continuing education and competency;

(l) provide for the determination, by examination or other means, of the competency of persons seeking to be registered as land surveyors or to be enrolled as surveyors-in-training and grant certificates of registration to persons qualified to practise land surveying;

(m) arrange and establish ways and means by which persons may be trained in the profession of land surveying;

(n) enter into agreements on behalf of the Association as may be necessary for or incidental or conducive to the carrying out of the objects of the Association;

(o) exempt any person from the payment of fees, dues or assessments for such reason and upon such terms and conditions as the Association may from time to time determine and suspend members and surveyors-in-training for non-payment;

(p) receive gifts, donations and bequests, and make gifts or donations for the promotion of the objectives of the Association;

(q) regulate advertising;

(r) establish requirements for insurance;

(s) call and regulate meetings and the method of voting;

(t) provide for the eligibility, nomination, election, number and term of office of members of Council and committees, including the appointment and revocation of persons as ex officio or honorary officers or members of Council;

(u) provide for the eligibility, nomination, and term of office of public representation on Council and committees;

(v) provide for the establishment of committees by the Association or Council, prescribe their powers and duties, method of operation, including procedures at meetings and for filling vacancies, and provide for the delegation of powers or duties of Council to any committee and establish the form and frequency of reports to Council or the Association;

(w) establish categories of membership in the Association, and prescribe the privileges, obligations and conditions of membership;

(x) establish and provide minimum standards for surveys, for the practice of land surveying, and make provisions respecting professional misconduct;

(y) provide for the establishment and payment of scholarships, fellowships and other educational incentives, benefits and awards by the Association;

(z) provide for investigations by the complaints and discipline committees, including the procedures to be followed; and

(aa) do all other things as may be necessary or desirable to exercise the powers conferred by this Act, or any powers incidental thereto, and in furtherance of the objectives of the Association.

BY-LAWS

7( 1) For the purpose of the attainment of its objectives and for the implementation of its powers the Association may make by-laws not inconsistent with the provisions of this Act.

7( 2) No by-law, amendment, or repeal thereof shall be effective until passed by resolution of two-thirds of members voting

(a) at the annual general meeting; or

(b) at a special meeting of the Association called for such purpose.

7( 3) A proposed new by-law or the amendment or repeal of an existing by-law shall be presented in writing to the secretary signed by at least two members 60 days before the meeting, and the secretary shall, in the notice calling the meeting, include a copy thereof.

RULES BY COUNCIL

8( 1) The Council may make rules not inconsistent with the provisions of this Act or the by-laws, providing for

(a) the appointment, revocation and filling of vacancies of committees;

(b) calling, holding and conducting of meetings of all committees;

(d) the establishment and conduct of committees of inquiry;

(e) the custody and use of the seal;

(f) the execution of documents by the Association;

(g) banking and finance;

(h) fixing the financial year of the Association and for the audit of the accounts and transactions of the Association;

(i) calling, holding and conducting of meetings of the Council and the duties of members of the Council;

(j) meetings of the Council and committees by electronic means at which all persons participating in the meeting can hear each other, and a member of the Council or committee participating in such a meeting shall be deemed to be present in person at the meeting;

(k) the calling, holding and conducting of the annual and special meetings of the membership of the Association;

(l) the payment of necessary expenses of the Council and committees in the conduct of their business;

(m) the management of the property of the Association;

(n) the appointment, composition, powers and duties of additional or special committees;

(o) the application of the funds of the Association and the investment and reinvestment of any of its funds not immediately required, and for the safekeeping of its securities; and

(p) such other rules for the proper administration and governance of the Association as may be required for the purpose of the Act and by-laws.

8( 2) A rule proposed by Council is not effective until confirmed by the members of Council by resolution.

COUNCIL

9( 1) There shall be a Council of the Association consisting of the president, vice-president, past president, secretary, and such other members to be elected and hold office as provided by by-law.

9( 2) Council shall appoint a person to be a public representative on Council who is not a member or a surveyor-in-training and to hold office as determined by by-law.

9( 3) Subject to the provisions of the by-laws, the secretary shall be the treasurer of the Association.

9( 4) The members of Council in office when this Act comes into force shall continue in office until their successors are elected in accordance with the by-laws.

9( 5) The president, or in his or her absence the vice-president, or in the absence of both, an elected member of Council chosen by Council, shall act as chair of all meetings of Council.

9( 6) At the first meeting following the election, or as soon thereafter as possible, Council shall appoint such persons or committees as may be necessary for the carrying out of the provisions of this Act, who shall hold office during the pleasure of Council or as provided by by-law.

9( 7) Council shall appoint a Registrar who shall hold office during the pleasure of Council or as provided by by-law.

9( 8) Meetings of Council may be held by order of the president or at the request of three members of Council.

9( 9) The quorum required for a meeting of Council shall be determined by by-law, and all matters shall be decided by a majority of the votes of the members of Council attending the meeting, the chair voting only when the votes are evenly divided.

9( 10) In case of the resignation, death, or suspension of the president, vice-president, secretary, any elected member of Council, or the public representative, Council may appoint a person to fill any vacancy so caused.

10 The functions of Council are

(a) to manage the affairs of the Association in accordance with the provisions of this Act, by-laws and rules,

(b) to prepare an annual report on the operations of the Association for submission to the annual general meeting, and

(c) to carry out whatever other functions are necessary or incidental to the conduct of the affairs of the Association provided such are not inconsistent with the Act or by-laws.

MEETINGS

11( 1) An annual general meeting of the Association shall be held on a date and in a place to be determined by Council.

11( 2) A special meeting of the Association may be called

(a) at any time by Council, or

(b) within 60 days of receipt of a written request from at least ten members of the Association to the secretary setting out the reason for the meeting.

11( 3) Notice of an annual or special meeting shall be given by the secretary in a manner determined by by-law to each member of the Association at least 14 days before the date set for a special meeting and at least 60 days before an annual general meeting.

11( 4) Notice of a special meeting shall state the specific purpose for which the meeting is called and no other business shall be transacted at the meeting.

BOARD OF EXAMINERS

12( 1) The examination of candidates for admission or readmission to practise land surveying, or for admission or readmission as surveyors-in-training, shall be under the control of a Board of Examiners.

12( 2) The Board shall consist of the secretary and three other members appointed by Council to hold office for three years, and may be reappointed for all or part of any renewed term.

12( 3) Council may

(a) appoint from time to time special examiners as it considers necessary; or

(b) in co-operation with any association in any other province or territory of Canada, having objects similar to those of the Association, establish a central or regional examining board having the powers possessed by Council respecting the examination of candidates for admission to practise, but any examinations conducted by such central or regional examining board shall be held in at least one place in New Brunswick as required.

13 Examination of candidates for admission as a surveyor-in-training, or to practise as a New Brunswick land surveyor, shall be held at such places and times as the Board shall determine.

14 The Board shall meet at such places and times as it shall determine.

REGISTRATION

15( 1) Any applicant for registration may be registered as a land surveyor who:

(a) has met the necessary educational requirements prescribed in the by-laws,

(b) has fulfilled the requirements of surveyors-in-training as prescribed in the by-laws,

(d) pays the prescribed fees.

15( 2) Any person not having met the conditions under paragraph (1)(a) who desires to be registered as a land surveyor, may make application to the Board, and upon the Board certifying in writing to Council that the conditions of paragraph (1)(a) have been met, Council may consider the application for registration.

15( 3) Any applicant denied registration may appeal to Council for the reconsideration of the application.

15( 4) On an appeal to Council, pursuant to subsection (3), Council may;

(a) accept the application and impose conditions on the practice of the applicant;

(b) reject the application; or

15( 5) Any person who fulfils all the conditions of subsection (1), except paragraph (1)(b), shall be entitled to become registered as a member in the Association on recommendation of Council with all rights, privileges, and responsibilities except that of the practice of land surveying.

15( 6) Any applicant may be registered as a member of the Association who is, at the time of application, a duly registered member of an association of land surveyors of some other province or territory of Canada, with an act of incorporation or a constitution similar to that of the Association, upon application and payment of requisite fees and upon provision of satisfactory evidence to the Association of registration in good standing in such other association.

RIGHT TO PRACTISE

16( 1) No person shall practise in New Brunswick as a land surveyor unless registered to practise under the provisions of this Act.

16( 2) A partnership, association of persons, or a corporation may be permitted to practise land surveying as provided under section 17.

PARTNERSHIP, ASSOCIATION OF PERSONS, CORPORATIONS

17( 1) Council may authorize members of the Association to form, enter into, belong to, or be employed by a partnership, association of persons, or corporation for the purpose of the practice of land surveying.

17( 2) No member of the Association shall form, enter into, belong to, or be employed by a partnership, association of persons, or corporation, to practise land surveying, unless such partnership, association of persons or corporation holds a certificate of authorization issued by the Association, provided a member of the Association shall not be prohibited from employment as a land surveyor for an employer which does not, as between it and the public, engage in the practice of land surveying.

17( 3) A partnership, association of persons or a corporation may be issued a certificate of authorization if

(a) one of its principal and customary functions is to engage in the practice of land surveying, and

(b) the practice of land surveying is done by or under the personal supervision, direction and control of a land surveyor who is present in New Brunswick for that purpose.

17( 4) To obtain a certificate of authorization a partnership, association of persons, or corporation shall submit to the Registrar an application in the form prescribed by Council or by-law containing

(a) the names and addresses of all partners, members, directors, and officers,

(b) the names and addresses of all partners, members, directors and officers or employees who are land surveyors, and who will be in charge of land surveying for the partnership, association of persons or corporation, and whose duty it will be to ensure that this Act and the by-laws are complied with,

(c) the address of its head office and any office in which the practice of land surveying for application in New Brunswick will be carried out, and

(d) such other information as Council may require to evaluate the qualifications of the applicant.

17( 5) The applicant or the holder of a certificate of authorization shall, whenever there is a change in the particulars in its application made under subsection (4), give notice of the change to the Registrar within 30 days after the effective date of the change.

17( 6) If the provisions of subsections (3) and (4) are met, and the application is approved by Council, the Registrar shall, upon payment of fees prescribed by the by-laws, issue to the applicant a certificate of authorization.

17( 7) A land surveyor who is a member of a partnership or association of persons, or a shareholder, director or officer of a corporation, formed pursuant to subsection (1) to practise land surveying shall be personally responsible to observe the provisions of this Act, and may be found guilty of professional misconduct or incompetence notwithstanding the existence of a partnership, association of persons or corporation.

17( 8) If the Discipline Committee finds that the holder of a certificate of authorization has failed to observe any of the provisions of this Act, or has been guilty of conduct that, in the case of an individual member, would have been professional misconduct or incompetence, it may reprimand the holder, or suspend or revoke its certificate of authorization.

17( 9) Sections 22 to 25 apply, with such modifications as the circumstances require, to partnerships, associations of persons and corporations formed pursuant to subsection (1) to practise land surveying.

REGISTRATIONS AND FEES

18( 1) The Registrar shall maintain in accordance with the by-laws a register of all persons authorized to practise land surveying under this Act.

18( 2) No name shall be entered in the register other than as authorized by this Act or the by-laws, and unless the Registrar is satisfied by proper evidence that the person requesting to be registered is entitled.

18( 3) Any person affected by a decision of the Registrar with respect to registration may appeal to Council, which may reconsider the decision of the Registrar and may order that the name of the person be entered in the register.

18( 4) Each year the Registrar shall print, publish, and keep for inspection, as determined by by-law, at the head office of the Association, an alphabetical list, together with the address, of all persons registered.

18( 5) The register, or a copy of the list printed in accordance with subsection (4), is prima facie evidence in all courts that the persons named are registered according to the provisions of this Act.

18( 6) In the case of any person whose name does not appear on the list mentioned in subsection (4) , the Registrar may certify the entry of the name in the register, and such is evidence that the person is registered under the provisions of the Act.

19( 1) Every member, surveyor-in-training and holder of a certificate of authorization shall, on or before a date to be determined by by-law, pay to the Association the annual fees for that year fixed by the by-laws.

19( 2) Subject to subsection (3), a member of the Association who fails to pay his or her annual fees as required by subsection (1) loses all rights and privileges conferred under this Act and his or her name shall not be entered on the register.

19( 3) Where a person fails to comply with subsection (1), he or she may make full payment of fees within one year of the time payment was due, in which case the name of the person may be added to the register effective as of the date of payment only.

19( 4) If payment is not made as provided by subsection (3), the name of the person cannot be added to the register except upon application to Council for approval, in which case Council may upon consideration of the circumstances

(a) direct the Registrar to add the name of the person to the register upon payment of such fees as it considers appropriate, but in no event less than payment for one full year;

(b) require the person to pass such examinations as it considers necessary; or

REGISTRAR OF COMPLAINTS

20( 1) Council shall appoint a Registrar of Complaints who shall hold office during the pleasure of Council or as provided by by-law.

20( 2) The Registrar of Complaints may be the Registrar of the Association.

20( 3) The Registrar of Complaints shall not be a member of Council.

20( 4) In the event the Registrar of Complaints is not able to act or it is not appropriate for the Registrar of Complaints to act, Council may appoint a member to act as Registrar of Complaints for a specified purpose with all the powers of the Registrar of Complaints under the Act.

21 The Registrar of Complaints shall provide for the administration of the complaints and discipline process and perform such duties in the administration of the complaints and discipline process as shall be determined by by-law.

COMPLAINTS COMMITTEE

22( 1) Council shall appoint a Complaints Committee composed of not fewer than three members and shall appoint one of the three members to be the chair.

22( 2) Council shall name two alternate members of the Complaints Committee to be called upon by the chair to act as necessary.

22( 3) No person who is a member of the Discipline Committee or Council shall be a member of the Complaints Committee.

22( 4) Three members of the Complaints Committee constitute a quorum.

COMPLAINTS

23( 1) A complaint against a member, surveyor-in-training or holder of a certificate of authorization shall

(a) be in writing, and

(b) be delivered to the Registrar of Complaints.

23( 2) Any person may file a complaint.

24( 1) The Complaints Committee shall consider and investigate complaints regarding the conduct of any member, surveyor-in-training or holder of a certificate of authorization.

24( 2) The Complaints Committee, in accordance with the information it received, may

(a) direct that the matter be referred, in whole or in part, to the Discipline Committee,

(b) direct that the matter not be referred under paragraph (a), or

(c) take such action as it considers appropriate in the circumstances to resolve the complaint and that is not inconsistent with this Act or the by-laws.

24( 3) The Complaints Committee shall give its decision in writing to the Registrar of Complaints for the purposes of subsection (4) and its reasons therefor.

24( 4) The Registrar of Complaints shall deliver or send to the complainant, and to the person complained against, a copy of the written decision of the Complaints Committee and its reasons therefor.

24( 5) A complainant who is not satisfied with the disposition of his or her complaint by the Complaints Committee may apply to Council for a review of the treatment of the complaint.

24( 6) The procedures, functions and duties of the Complaints Committee may be established by by-law.

25 When the Complaints Committee refers a matter to the Discipline Committee, the Complaints Committee may, if it considers it probable that the continued practice of a member, surveyor-in-training or holder of a certificate of authorization will be harmful to the public, pending final disposition of the matter, make an order

(a) suspending the member, surveyor-in-training or holder of a certificate of authorization; or

(b) placing conditions on the practice of the member, surveyor-in-training or holder of a certificate of authorization.

DISCIPLINE COMMITTEE

26( 1) There shall be a Discipline Committee of five members appointed by Council.

26( 2) Council shall appoint two public representatives, who are not members, to the Discipline Committee.

26( 3) Council shall designate members to be the chair and vice-chair of the Discipline Committee, and in the event the chair is unable to act, the vice-chair shall act.

26( 4) In the event the chair and vice-chair are unable to act, Council shall appoint a member to act as the chair for that complaint.

26( 5) Members of Council who are not appointed to the Discipline Committee shall be alternate members of the Committee and may be called upon by the chair of the Committee to act as necessary.

26( 6) The term of office, procedures, and functions of the Discipline Committee may be established by by-law.

26( 7) The Discipline Committee shall sit in panels of three or five, which shall include one public representative, and be presided over by the chair or the vice-chair.

27( 1) The Discipline Committee shall

(a) hear and determine allegations of professional misconduct or incompetence against a member of the Association;

(b) hear and determine matters referred to it under section 24; and

27( 2) A member, surveyor-in-training or holder of a certificate of authorization of the Association may be found guilty of professional misconduct by the Discipline Committee if

(a) the member, surveyor-in-training or holder of a certificate of authorization has been convicted in a court of competent jurisdiction of an offence which, in the opinion of the Committee, is relevant to his or her suitability to practise land surveying, or

(b) the member, surveyor-in-training or holder of a certificate of authorization has been guilty in the opinion of the Committee of professional misconduct as defined in the by-laws.

27( 3) The Discipline Committee may find a member, surveyor-in-training or holder of a certificate of authorization of the Association to be incompetent if in its opinion

(a) the member, surveyor-in-training or holder of a certificate of authorization has displayed in his or her professional responsibilities a lack of knowledge, skill, or judgment, or disregard for the welfare of the public of such a nature or extent that demonstrates the member is unfit to carry out the responsibilities of a person engaged in the practice of land surveying; or

(b) the member or surveyor-in-training is suffering from a physical or mental condition or disorder of such a nature and extent making it desirable in the interests of the public or the member, that the member no longer be permitted to engage in the practice of land surveying.

27( 4) Where the Discipline Committee finds a member, surveyor-in-training or holder of a certificate of authorization of the Association guilty of professional misconduct or incompetence it may, by order, do any one or more of the following:

(a) revoke the right to practise land surveying,

(b) suspend the right to practise land surveying for a stated period, not exceeding 24 months;

(c) accept an undertaking to limit the professional work of the member, surveyor-in-training or holder of a certificate of authorization in the practice of land surveying to the extent specified in the undertaking;

(d) impose terms, conditions and limitations on the right to practise land surveying including, but not limited to, the successful completion of a particular course or courses of study, as are specified by the Committee;

(e) impose specific restrictions on the right to practise land surveying including, but not limited to, requiring the member, surveyor-in-training or holder of a certificate of authorization to

( i) engage in the practice of land surveying only under the personal supervision and direction of another member,

( ii) not alone engage in the practice of land surveying;

( iii) accept periodic inspections by the Committee, or its delegate, of the books, accounts, records and work of the member, surveyor-in-training or holder of a certificate of authorization in connection with his or her practice,

( iv) report to the Registrar, or to such committee of Council as the Committee may specify;

(f) require that the member, surveyor-in-training or holder of a certificate of authorization be reprimanded or counselled and, if considered warranted, direct that the fact of the reprimand or counselling be recorded on the register;

(g) revoke or suspend for a stated period of time the designation of the member by the Association as a specialist in any branch of land surveying;

(h) impose such fine as the Committee considers appropriate, to a maximum of $5,000;

(i) subject to subsection (5), direct that a finding or order of the Committee be published in an official publication of the Association in detail or in summary and either with or without the name of the member, surveyor-in-training or holder of a certificate of authorization;

(j) fix the costs of any investigation or procedures by the Complaints Committee and the Discipline Committee to be paid by the member to the Association;

(k) direct that the imposition of a penalty be suspended or postponed for such period and upon such terms or for such purpose as may be specified by the Committee;

(l) make such order as in the opinion of the Discipline Committee is necessary and appropriate in the circumstances.

27( 5) Where the Discipline Committee finds a member, surveyor-in-training or holder of a certificate of authorization of the Association guilty of professional misconduct or incompetence, the Discipline Committee shall cause the order of the Committee to be published and the order shall be available to the public as shall be specified by by-law.

27( 6) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published upon the request of the member against whom the allegation was made.

27( 7) Where the Discipline Committee is of the opinion that commencement of the proceedings was unwarranted, the Committee may order that the Association reimburse the member, surveyor-in-training or holder of a certificate of authorization for his or her costs, or such portion thereof as the Committee fixes, and the Association shall comply with the order.

27( 8) Where the Discipline Committee revokes, suspends or restricts the right to practise land surveying on the ground of incompetence, the decision takes effect immediately notwithstanding that an appeal is taken from the decision unless the court to which the appeal is taken otherwise orders.

27( 9) Where the Discipline Committee revokes, suspends or restricts the right to practise land surveying on a ground other than incompetence, the decision does not take effect until the time for appeal from the decision has expired, or until an appeal has been disposed of or abandoned, except that when the Committee considers it is necessary for the protection of the public it may otherwise order.

27( 10) Where the Discipline Committee finds a member, surveyor-in-training or holder of a certificate of authorization guilty of professional misconduct or incompetence, a copy of the decision shall be served upon the person complaining in respect of the conduct of the member.

27( 11) Where a proceeding is commenced before the Discipline Committee and the term of office of a member on the Council or on the Committee expires or is terminated, other than for cause, before the proceeding is disposed of but after evidence has been heard, the member shall be deemed to remain a member of the Discipline Committee for the purpose of completing the disposition of the proceeding in the same manner as if his or her term of office had not expired or been terminated.

28( 1) In proceedings before the Discipline Committee, the Association and the member, surveyor-in-training or holder of a certificate of authorization of the Association whose conduct is being investigated in the proceedings are parties to the proceedings.

28( 2) A member, surveyor-in-training or holder of a certificate of authorization whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

28( 3) A member of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject matter of the hearing other than as a member of the Council considering the referral of the matter to the Discipline Committee, or at a previous hearing of the Committee, and shall not communicate, directly or indirectly, in relation to the subject matter of the hearing with any person or with any party or his or her representative except upon all parties receiving notice and having the opportunity to participate, but the Committee may seek legal advice.

28( 4) Subject to subsection (5), the hearing before the Discipline Committee arising from a complaint shall be open to the public.

28( 5) The Discipline Committee may order that the public, in whole or in part, be excluded from any part of the hearing if it is satisfied that possible disclosure of one of the following outweighs the public interest of holding the hearing in public:

(a) financial or personal information;

(b) public security information; or

28( 6) The Discipline Committee or someone designated by it to act on its behalf, may, by summons in a form prescribed by by-law, require the attendance before it of any person whose evidence may be material to the subject matter of the hearing and may order any person to produce such records, reports or other documents for the purpose of the hearing.

28( 7) A person served with a summons shall attend and answer all questions concerning matters being inquired into at the hearing and shall produce to the Discipline Committee all records, reports or other documents that are under his or her custody or control.

28( 8) The testimony of any witness may be taken under oath or affirmation which may be administered by the chair or vice-chair of the Discipline Committee or any person designated to do so on his or her behalf.

28( 9) If a person on whom a summons has been served fails to appear before the Discipline Committee or upon appearing refuses to be sworn or refuses without sufficient cause to answer any question relevant to the hearing, the Committee may by application to a Judge of the Court of Queen’s Bench of New Brunswick, cause the person to be cited for contempt under the provisions of the Rules of Court in the same manner and to the same extent as if the alleged contempt took place in proceedings before the Court of Queen’s Bench.

28( 10) The oral evidence taken before the Discipline Committee shall be recorded and, if so required, copies of a transcript shall be furnished only to the parties at their own expense.

28( 11) No member of the Discipline Committee shall participate in a decision of the Committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.

28( 12) Documents and other exhibits put in evidence at a hearing of the Discipline Committee shall, upon the request of the party who produced them, be returned by the Committee within a reasonable time after the matter in issue has been finally determined.

29( 1) A party to proceedings before the Discipline Committee may appeal within 30 days from the date of the decision or order of the Committee to the Court of Queen’s Bench of New Brunswick by way of Notice of Application in accordance with the Rules of Court.

29( 2) Upon the request of a party desiring to appeal, and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from.

29( 3) An appeal under this section may be on questions of law or fact, or both, and the Court may

(a) affirm, vary or rescind the decision of the Committee;

(b) exercise all powers of the Committee;

(d) substitute its opinion for that of the Committee; or

(e) refer the matter back to the Committee for rehearing in whole or in part, in accordance with such directions as the Court considers proper.

OFFENCES

30 Any person not registered to practise as a land surveyor under this Act, or whose registration is revoked or suspended, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence if that person

(a) practises as a land surveyor,

(b) uses the title of land surveyor or makes use of any abbreviation of such title, or any name, title or designation which may lead to the belief that the person is a land surveyor,

(d) acts or holds himself or herself out in such manner as to lead to the belief that he or she is authorized to fill the office of or to act as a land surveyor.

31 Any person who procures or attempts to procure admission to the Association for himself or herself or for another person by making, or causing to be made, any fraudulent representation or declaration, either oral or written, or who makes any false statement in any application, declaration or other document under this Act or the by-laws, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

32 An information alleging an offence under this Act may be laid in accordance with the Provincial Offences Procedure Act in the name of the Association on oath or solemn affirmation of a person authorized by Council.

33( 1) Unless the partnership, association of persons, or corporation is the holder of a valid certificate of authorization under section 17, no partnership, association of persons, or corporation shall:

(a) practise land surveying,

(b) use any name, title, description or designation that will lead to the belief that it is entitled to practise land surveying;

(c) advertise, hold itself out, or conduct itself in any manner as to lead to the belief it is entitled to practise land surveying.

33( 2) Every member or manager of the partnership or association of persons, and every shareholder, director, officer or manager of a corporation who participates in a violation of this section, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

34( 1) Upon conviction of any person for an offence under section 30, 31 or 33 , the judge convicting the person may in addition to any other punishment imposed, immediately prohibit that person from engaging in the practice of land surveying or from doing anything for which the person was convicted.

34( 2) Any person who fails to comply with an order under subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

34( 3) Nothing in this Act applies to, prohibits, or prevents the carrying on of any profession, practice or occupation by a person authorized to carry on such profession, practice or occupation by any public or private Act of the legislature.

34( 4) Nothing in this Act applies to, prohibits or prevents the carrying on of the occupation and practice of engineering technology by a person certified to carry on such occupation and practice under the Engineering Technology Act.

SEALS

35( 1) Every person registered to practise as a land surveyor shall have a seal of a design approved by by-law which shall include the words “New Brunswick Land Surveyor” and also the registration number of the member.

35( 2) All final survey plans, reports, opinions or other documents prepared by or under the direction of a land surveyor, the accuracy of which is intended to be relied upon by the person for whom such is prepared, shall be signed by the land surveyor, who shall affix the seal required under subsection (1).

35( 3) Every land surveyor who does not comply with subsection (2) is subject to disciplinary proceedings for professional misconduct.

GENERAL

36( 1) All original land survey plans, records and documents prepared by a land surveyor are and remain the property of such surveyor except as provided in subsection (2).

36( 2) All original land survey plans, records and documents prepared by a land surveyor in the course of his or her employment by another are and remain the property of the employer and may not, without the prior written consent of the employer, be removed from the employer’s place of business.

37 No person shall, without the prior written consent of the land surveyor responsible for its preparation, alter, add to, delete or obliterate a land survey plan or a copy or reproduction thereof.

38 A land surveyor, or a partnership, association of persons, or corporation under section 17, or the estate of a land surveyor shall upon the request of another land surveyor, in manner established by by-law, supply copies of any survey plans, descriptions or other documents which are in their possession and are needed in the course of completing a survey of contiguous or nearby land.

39 A land surveyor, or a partnership, association of persons, or corporation under section 17, ceasing to do business within the Province of New Brunswick, shall provide for the maintenance of all records in the manner established by by-law.

40 No action lies against members, officers or directors of the Association, Council, or any committees of the Association for anything done in good faith pursuant to the provisions of this Act.

41 No member of the Association shall be personally liable for any debt of the Association beyond the amount of his or her unpaid dues or subscriptions.

42( 1) A land surveyor when engaged in the performance of his or her duties may, with all necessary assistants, equipment and supplies, enter and pass over the lands of any person, including the right to pass over or through any building or other improvement, and to enter mines or other underground works, to open or mark any line or course and to erect or place survey markers or monuments.

42( 2) A land surveyor, or assistants, in the course of the performance of their duties under subsection (1), shall do no more damage to property than is essential to complete the necessary work, and no action may be brought against them arising out of anything done, provided that they shall be liable for any unnecessary damage done without the approval of the owner of the property.

42( 3) No person shall obstruct, impede or otherwise interfere with any land surveyor in the performance of his or her duties, and any person who violates this subsection commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

43 All by-laws made under the provisions of An Act to Incorporate the Association of New Brunswick Land Surveyors, chapter 91 of the Acts of New Brunswick, 1986, and in effect at the time of the repeal of that Act shall continue in effect, to the extent that they are not inconsistent with this Act, until repealed or amended under the provisions of this Act.

44 An Act to Incorporate the Association of New Brunswick Land Surveyors, chapter 91 of the Acts of New Brunswick, 1986, is repealed.

45 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.