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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"board" means the board of management of the corporation;
"corporation" means the Corporation of Land Surveyors of the Province of British Columbia;
"land surveying company" means a company for which a permit has been issued;
"member" means a member of the corporation;
"member in good standing" or "member of the corporation in good standing" means a member who is not in default for fees, dues or costs payable to the corporation, and who is not under suspension; but does not include a member whose name has, after application by him, been placed on a list of non-practising members;
"permit" means a permit issued under section 49.2 and includes a renewal of that permit;
"secretary" means the secretary treasurer of the corporation;
"to suspend", as applied to a member, means to suspend from all rights and privileges of a member.
Historical Note(s): RS1960-211-2; 1969-12-1; 1985-68-58, effective December 13, 1985 (B.C. Reg. 392/85); 1992-11-1.
2. The Corporation of Land Surveyors of the Province of British Columbia shall continue to be a corporation, and, except as otherwise provided by this Act, has the powers and immunities of a corporation.
Historical Note(s): RS1960-211-3.
3. The corporation may acquire property but the cost to the corporation of land, with fixtures and equipment, shall not exceed $1 million; and the corporation may dispose of its property.
Historical Note(s): 1990-4-9.
4. The corporation may pass bylaws not inconsistent with this Act, including provision for their enforcement and penalties for their infraction, with regard to
(a) government, discipline and professional standards of members;
(b) management of its property;
(c) exemption of certain senior members or non-practising members from all or part of their fees and dues, and keeping a list of members not practising;
(d) examination and admission of those applying to become articled pupils or members, and prescribing fees for examination and admission;
(e) borrowing money on the credit of the corporation;
(f) equipment and instruments used by members and the standard of their work;
(g) [Repealed 1989-4-10.]
(h) matters which may be necessary or expedient for the general management of the corporation; and
(i) insurance that provides indemnity against professional liability claims, including requiring members to maintain that type of insurance.
Historical Note(s): RS1960-211-5; 1969-12-3; 1989-4-10.
5. (1) Bylaws shall be passed at the annual general meeting, or at an extraordinary general meeting; but the corporation, by resolution indicating the scope of proposed bylaws, may delegate the passing of particular bylaws to the board, which, on being passed by the board, shall be deemed bylaws of the corporation.
(2) No bylaw of the corporation prescribing fees, dues or costs payable to the corporation by members is valid unless approved by the Lieutenant Governor in Council.
Historical Note(s): RS1960-211-6; 1969-12-3A; 1970-20-1.
6. (1) The business, property and affairs of the corporation, except as otherwise provided in this Act, shall be managed, and its powers may be exercised, by a general council of the corporation to be known as the "Board of Management", consisting of a president, vice-president and 5 other members, to be elected and hold office as provided in this Act, together with the Surveyor General of British Columbia for the time being, the last preceding president and the secretary, who are members ex officio. Except as otherwise provided in this Act, every elective officer of the board holds office until his successor is elected.
(2) The number of the elective members of the board may be varied by bylaw or by resolution of a general meeting of the corporation, but shall be not less than 4 and not more than 7.
(3) The board shall appoint from among the members in good standing a secretary, who shall hold office at the pleasure of the board, but shall not be dismissed except by the votes of at least 3/5 of the members of the complete board.
Historical Note(s): RS1960-211-7.
7. In addition to other powers conferred by this Act, the board's functions include
(a) maintaining the discipline and professional standards of members;
(b) preventing or conciliating misunderstandings between members, hearing and deciding complaints and accusations against them about their professional conduct and punishing members found guilty of misconduct or unprofessional conduct as provided in this Act;
(b.1) for the use of members and the general public, issuing and maintaining guidelines with respect to fees for professional services;
(c) dealing with applications to become an articled pupil or member, and providing for the term of articles and for examination of applicants;
(d) ordering a member to appear before the board;
(e) preparing draft bylaws to be laid before a general meeting, and preparing and passing bylaws pursuant to resolutions under section 5.
Historical Note(s): RS1960-211-8; 1969-12-4; 1990-4-11.
8. (1) Subject to subsection (2), 3 members of the board form a quorum. All decisions shall be made by a majority of those present, the chairman voting as a member and having no additional or casting vote.
(2) For hearings held by the board under sections 51, 52, 53 and 54, 5 members form a quorum, and decisions to expel or suspend a member of the corporation require a majority of at least 2/3 of the members of the board present.
Historical Note(s): RS1960-211-9.
9. An elective member of the board who resigns, dies or absents himself from the Province for more than 6 months, or a member of the board, except the Surveyor General, who ceases to be a member in good standing, ceases to be a member of the board, and shall be replaced by a member in good standing appointed by the board or failing appointment, elected at an extraordinary general meeting of the corporation. The new member holds office, subject to this Act, until his successor is appointed or elected.
Historical Note(s): RS1960-211-10.
10. An annual general meeting of the corporation shall be held in British Columbia at a place determined by the board, in January of each year, and may be continued from day to day. Thirty members in good standing form a quorum at an annual general meeting, and if within one hour after the time appointed for the meeting a quorum is not present, the meeting stands adjourned until the next day at the same time and place, and so on from day to day until a quorum is present.
Historical Note(s): RS1960-211-11; 1969-12-5; 1990-4-12.
11. An extraordinary general meeting may, and on the written requisition of 10 members in good standing shall, be convened by order of the president or vice president, on notice mailed 15 days before the date of the meeting to each member in good standing at his last known address or his address in the last list published in the Gazette under section 34 that contains his name.
Historical Note(s): RS1960-211-12.
12. General meetings shall be presided over by the president, or in his absence, by the vice president, or in the absence of both, by a chairman elected by the members of the board present.
Historical Note(s): RS1960-211-13.
13. At each annual general meeting the board shall submit a report of its operations and business during the preceding year.
Historical Note(s): RS1960-211-14.
14. (1) The elective members of the board shall be elected annually, in the manner provided by this Act, by votes to be counted at the annual general meeting. If the corporation by extraordinary resolution so decides, it may, at an extraordinary general meeting, fill vacancies in the board.
(2) No person shall be elected a member of the board unless he is a member in good standing, and was a member in good standing on October 15 in the year preceding the year of election.
(3) Retiring members of the board may be elected again.
(4) An extraordinary resolution is a resolution passed by not less than 3/4 of the members who, being entitled to do so, vote in person at a general meeting of which not less than 14 days' notice of the intention to propose the resolution as an extraordinary resolution has been given.
Historical Note(s): RS1960-211-15.
15. (1) The board shall act as a nominating committee and prepare in each year a list of nominees, of at least double the number of the vacancies to be filled, from members whom it considers to be suitable candidates for the board for the ensuing year.
(2) A member is not eligible for election to the board as a nominee of the board unless prior to October 15 in the year in which he is nominated he has consented in writing to his nomination.
(3) A copy of the list of nominees shall be mailed to each member in good standing not later than October 15 in that year.
Historical Note(s): RS1960-211-16.
16. Any 6 members in good standing may, in writing, nominate a candidate for the board in any year from members in good standing. The nomination shall be sent to the secretary not later than November 15 in that year, accompanied by the nominee's written consent to nomination.
Historical Note(s): RS1960-211-17.
17. A candidate for the board may not withdraw his consent to nomination except by written notice to the secretary received before November 15 of the year in which his consent was given.
Historical Note(s): RS1960-211-18.
18. Not later than December 1 in each year the secretary shall send each member in good standing a ballot paper in Form C, setting out the names of all nominees, their places of residence and, unless nominated by the board, the names of those nominating them.
Historical Note(s): RS1960-211-19.
19. Sections 15 to 18 do not apply to an election of members of the board at an extraordinary general meeting. Nomination of candidates may be made orally from the floor at the meeting, and the secretary shall distribute ballot papers to all at the meeting who have the right to vote.
Historical Note(s): RS1960-211-20.
20. (1) Voting at elections of members of the board at an annual meeting shall be by ballot on ballot papers in Form C, and each voter shall personally mark his ballot paper and fill in the declaration on it.
(2) Each voter at an annual meeting may vote for not more than the number of nominees to be elected, and shall vote by marking on the ballot paper a cross (X) placed opposite the name of each nominee for whom he votes. A ballot paper containing more marks than the number of nominees to be elected shall be invalid, and the votes recorded on it shall not be counted.
(3) Votes for membership on the board at an extraordinary general meeting shall be cast by the voter writing on a ballot paper the names of the nominees for whom he votes, and making the declaration required by subsection (1). A ballot paper containing the names of more nominees than there are vacancies to be filled shall be invalid, and the votes recorded on it shall not be counted.
Historical Note(s): RS1960-211-21.
21. Except at an election held at an extraordinary general meeting, ballot papers shall be delivered to the secretary between December 1 of the preceding year and the start of the annual general meeting. Ballot papers received by the secretary by post shall be deemed to have been delivered.
Historical Note(s): RS1960-211-22.
22. (1) The board shall appoint 4 scrutineers to act with the secretary, or with another member appointed by the board, at all elections not held at an extraordinary general meeting.
(2) The secretary or that other person appointed by the board, as the case may be, and 2 scrutineers are a quorum.
(3) The chairman at an extraordinary general meeting shall appoint scrutineers to act in the same way as those appointed for the annual meeting.
Historical Note(s): 1990-4-13.
23. Ballot papers shall be opened on the day of the election
(a) by the secretary, or by another member appointed by the board, and
(b) in the presence of scrutineers, who shall scrutinize and count the votes and record them in a book provided by the corporation.
Historical Note(s): 1990-4-13.
24. A voter at an election has the right to be present when ballot papers are opened and scrutinized.
Historical Note(s): RS1960-211-25.
25. (1) At an election held at an annual meeting, the places on the board to be filled by elective members shall be filled by the candidates who receive the highest number of votes, and who shall be deemed elected. The board so elected shall immediately select by ballot one of their number to be president of the corporation and another to be vice president.
(2) At an election of members of the board held at an extraordinary general meeting vacancies in the board shall be filled by the candidates who receive the highest number of votes, and if either the office of president or vice president is vacant it shall immediately be filled by ballot of the members of the board.
Historical Note(s): RS1960-211-26.
26. If at an election 2 or more candidates receive an equal number of votes, so that their election remains undecided, the election of the candidates required to complete the board shall be determined as follows: a scrutineer shall at once put into a ballot box a slip of paper for each candidate whose election is undecided, with his name written on it, and the secretary shall draw by chance, in the presence of the meeting, as many slips as there are vacancies in the board still to be filled, and the persons whose names are drawn shall be deemed elected.
Historical Note(s): RS1960-211-27.
27. On completion of the scrutiny and counting of votes and any drawing of lots under section 26, the secretary shall at once declare the result of the election and shall cause the names of those elected to be so indicated on the next list of members published in the Gazette under section 34.
Historical Note(s): RS1960-211-28.
28. The president, if present, shall be chairman of meetings of the board. In his absence the vice president shall be chairman; or, if both are absent, the members of the board who are present may elect a chairman.
Historical Note(s): RS1960-211-29.
29. A meeting of the board may be called by the president or vice president, and shall be called on the request of 3 members of the board. Notice of a meeting shall be sufficiently given if mailed to the members at their last known addresses.
Historical Note(s): RS1960-211-30.
30. (1) Meetings of the board shall be held in the City of Victoria or another place determined by the board, and may be adjourned.
(2) The board shall meet at least annually to admit candidates as articled pupils or members and for other business.
Historical Note(s): RS1960-211-31; 1969-12-7; 1990-4-14.
31. The secretary is also registrar of the corporation.
Historical Note(s): RS1960-211-32.
32. The secretary shall, within 15 days after his appointment, give security of $1,000, either in money or by a bond of a guarantee company, in a form satisfactory to the board, which shall be deposited with the president of the corporation.
Historical Note(s): RS1960-211-33.
33. The secretary shall
(a) keep a careful record of the proceedings of the corporation and the board;
(b) be responsible for custody of the common seal, records and archives of the corporation and board;
(c) certify copies of documents or extracts of documents from the records, as required;
(d) receive the money of the corporation, deposit it in a chartered bank and make all authorized payments;
(e) render accounts to the annual general meeting showing receipts and payments for the year ending on the preceding December 31;
(f) render accounts required by the board;
(g) make and keep among the records of the corporation a register of members, with addresses, giving particulars of deaths, expulsion or suspension from membership and other particulars which the board directs;
(h) generally perform other services specified by the board or the corporation.
Historical Note(s): RS1960-211-34; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
34. (1) The secretary shall also, immediately after February 1 in each year, furnish to the Surveyor General and to the registrar of each land title district in the Province an alphabetical list of members in good standing, with their last known addresses made up to the first day of that month, and publish the list in one issue of the Gazette in that month.
(2) The secretary, on receipt after February 1 in any year of all money due to the corporation from a member otherwise in good standing, together with a sum sufficient to pay the cost of publishing and furnishing a supplementary list, shall prepare and publish once in the Gazette the name and address of each member who has since the publication under subsection (1) complied with this subsection, and shall furnish a copy of every supplementary list to the Surveyor General and to the registrar of each land title district.
(3) A member in good standing may complain to the board that a name has been improperly inserted in or omitted from a list published under this section, and the board shall promptly examine the complaint and rectify any error. The board's decision is subject to appeal under section 58, and any error shall be rectified in accordance with the decision on appeal.
(4) Only the votes of persons whose names appear on the list of members in good standing at the date of a general meeting shall be counted on any vote.
(5) The secretary shall, during each year, publish once in the Gazette the name of any member who since publication of a prior list of members in good standing has ceased to be a member in good standing.
Historical Note(s): RS1960-211-35; 1978-25-333; 1990-4-15.
35. A person shall not be admitted as an articled pupil in land surveying until he satisfies the board of his knowledge of arithmetic, mensuration, algebra, plane and solid geometry, plane and spherical trigonometry, elementary physics, the use of logarithms and any other subjects specified by the bylaws.
Historical Note(s): RS1960-211-36; 1969-12-8; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
36. A candidate for admission as an articled pupil shall apply in writing to the secretary and shall pay the fees specified by the bylaws. The application shall be filed not less than one month before any preliminary examination the candidate is required to write.
Historical Note(s): 1969-12-9; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
37. A candidate who fails his examination may present himself again for examination on again complying with section 36.
Historical Note(s): RS1960-211-38.
38. A candidate authorized to enter into articles shall pay to the secretary the fee specified by the bylaws for a certificate of admission.
Historical Note(s): RS1960-211-39; 1969-12-10; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
39. In accordance with and in the form of articles specified under the bylaws of the corporation, a pupil must be articled to a member in good standing.
Historical Note(s): 1990-4-16.
40. (1) A pupil must serve under articles for a period determined by the board of not more than 2 years and 9 months.
(2) A pupil's service under articles must include at least 12 months in the field, in British Columbia.
Historical Note(s): 1990-4-16.
41. (1) A pupil articled to a member, with the board's consent may have his articles transferred to or enter into fresh articles with another member in good standing. Application for the board's consent shall be accompanied by written consent of the member whose pupil applies, unless the member cannot, in the board's opinion, carry out his part of the articles.
(2) On transfer or entry into fresh articles, the time already served by a pupil shall be counted as part of the term to be served by him. He shall pay to the corporation the transfer fee specified by the bylaws.
Historical Note(s): RS1960-211-42; 1969-12-13; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
42. (1) An articled pupil of a land surveyor who practises under lawful authority outside the Province may, with the board's consent, transfer his articles to or enter into fresh articles with a member in good standing, and on paying the fees specified by the bylaws he has the status of an articled pupil originally articled in the Province.
(2) Such part of the time served under articles out of the Province as the board determines shall count as part of the term under section 40, but no pupil who has served out of the Province shall serve less than 12 months in the field in the Province.
Historical Note(s): 1969-12-14; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
43. (1) An articled pupil in land surveying shall not be admitted as a member until the pupil has passed the examinations set by the board in the subjects specified by the bylaws.
(2) A pupil shall not be permitted to take the final examination unless he satisfies the board of his sobriety and probity, and that he has for the specified time regularly and faithfully served as pupil under articles in accordance with this Act, or unless he produces to the board a discharge from his articles in Form A. The board may permit a pupil to take the final examination if the period actually served by him is not more than 30 days less than required and Form A shall be varied accordingly.
(3) A candidate intending to take the final examination shall give the secretary at least 60 days' notice, and at that time pay to the secretary the fee specified by the bylaws.
(4) A candidate who fails an examination may again present himself for further examination on complying with subsection (3).
Historical Note(s): 1969-12-15; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1990-4-17.
44. (1) A person who is or was authorized to practise as a land surveyor under the laws of Canada or of another province may be permitted by the board to take examinations established by the board for admission as a member if the person
(a) satisfies the board of the person's competence, sobriety and probity and that the person is or was in good standing in the other province, and
(b) gives at least 60 days' notice of the person's intention to take the examinations, and at that time pays to the secretary the fee specified by the bylaws.
(2) On passing the examinations and paying the further fees specified by the bylaws, the person shall be admitted as a member.
Historical Note(s): 1990-4-18.
45. A person shall not be admitted to membership in the corporation unless he is a Canadian citizen or permanent resident of Canada of the full age of 19 years, and satisfies the board that he has passed all required examinations and has complied with all the prerequisites of this Act for admission.
Historical Note(s): RS1960-211-46; 1985-68-59, effective December 13, 1985 (B.C. Reg. 392/85).
46. Every member, immediately before admission to membership and before practising as a land surveyor, shall take and subscribe before a member of the board the following oath or affirmation in writing:
I, A.B., solemnly swear [or affirm]:
1. That I am a Canadian citizen or permanent resident of Canada.
2. That I will faithfully, without favour, affection or partiality, perform my duties as a land surveyor and member of the Corporation of Land Surveyors of British Columbia according to law. So help me God.
The oath or affirmation shall be kept among the records of the corporation, and no commission to practise shall be obtained by a member until he has taken the oath or affirmation.
Historical Note(s): RS1960-211-47; 1985-68-60, effective December 13, 1985 (B.C. Reg. 392/85).
47. Every admission to membership shall be effected by resolution of the board and entry of the member's name in a register of members to be kept by the secretary among the records of the corporation.
Historical Note(s): RS1960-211-48.
48. Every person admitted as a member who has complied with every prerequisite of the right to practise as a land surveyor, and has paid the sums specified by the bylaws for his commission and for the entry of his name in the register of members, shall have issued to him a commission in writing in Form B or to the like effect, which shall be signed by the secretary and at least one other member of the board.
Historical Note(s): 1969-12-17; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
49. (1) Every member shall, on or before January 31 in each year, pay to the secretary the annual membership fee for that year fixed by this Act or by bylaw.
(2) A member continues to be liable for annual membership fees unless he has resigned from membership.
(3) A member in good standing or a member whose name is on a list of non-practising members may resign membership by notice in writing to the secretary, but is liable for the annual membership fee for the year in which the notice is given.
(4) A person who has resigned from membership may be readmitted as a member if the person
(a) applies in writing to the board,
(b) satisfies the board of the person's competence, and
(c) pays the annual membership fee for the year of application.
(5) A member of the corporation may not resign from membership while an inquiry or proceeding is pending under this Act about any act or conduct of that member.
(6) A resignation of a person from membership, and a notice given by a person under subsection (3), does not affect the exercise of a power vested in the board or a court by this Act in respect of that person or a matter or thing existing or done while he was a member. The resignation or notice does not relieve him from any punishment, penalty, liability or proceeding to which he would otherwise be liable or subject.
Historical Note(s): RS1960-211-50; 1990-4-19.
49.1 Subject to this Act and the bylaws, a land surveying company may carry on the business of providing land surveying services to the public through one or more persons each of whom is
(a) a member of the corporation in good standing, or
(b) an employee of the land surveying company under the direct supervision of a member of the corporation in good standing.
Historical Note(s): 1992-11-2.
49.2 (1) The board must issue a land surveying company permit to a company that is incorporated under the Company Act and is in good standing under that Act if the board is satisfied that
(a) the name of the company includes the words "land surveying",
(b) all of the voting shares are legally and beneficially owned by a member or members in good standing,
(c) all of the non-voting shares are legally and beneficially owned by
(i) members,
(ii) the spouse of a member who is a shareholder,
(iii) a person who, although not married to a member who is a shareholder, lives with the member and has lived with that member as husband or wife for a period of not less than 2 years,
(iv) a child, as defined in the Family Relations Act, of a member who is a shareholder, or
(v) any other relative of a member who is a shareholder where the relative resides with that member,
(d) all of the directors of the company are members in good standing, and
(e) all of the persons who will be practising as land surveyors on behalf of the company are members in good standing or are under the direct supervision of a member in good standing.
(2) The board may refuse to issue a permit under subsection (1) where
(a) the land surveying company has previously had its permit revoked, or
(b) a shareholder of the land surveying company was a shareholder of a land surveying company that previously had its permit revoked.
Historical Note(s): 1992-11-2.
49.3 (1) A company that has the words "land surveying" as part of its name must not carry on any business unless it holds a permit.
(2) A land surveying company that holds a permit must not carry on any activities that would, for the purposes of the Income Tax Act (Canada), give rise to income from business, except the provision of land surveying services or services that are directly associated with the provision of land surveying services.
(3) No act of a land surveying company, including a transfer of property to or by the company, is invalid by reason only that the company contravenes subsection (1) or (2).
Historical Note(s): 1992-11-2.
49.4 A shareholder of a land surveying company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a member of the corporation in good standing the authority to exercise the voting rights attached to any or all of the shares.
Historical Note(s): 1992-11-2.
49.5 (1) The liability for professional negligence of a member carrying on the practice of land surveying is not affected by the fact that the member is carrying on that practice as an employee of a land surveying company.
(2) The relationship of a member to a land surveying company, whether as a shareholder, director, officer or employee of the company, does not affect, modify or diminish the application to the member of the provisions of this Act and the bylaws.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between a land surveyor and a person receiving the professional services of that land surveyor.
(4) The relationship between a land surveying company carrying on business as permitted under this Act and a person receiving land surveying services provided by the company is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and the member's client.
Historical Note(s): 1992-11-2.
49.6 (1) The board may, after a hearing, revoke the permit issued to a land surveying company where
(a) in the course of providing land surveying services the company does anything that, if done by a member, would be conduct unbecoming a member,
(b) the company contravenes section 49.3, or
(c) the company ceases to comply with a condition of qualification for a permit referred to in section 49.2 or a condition under section 49.7 (1) (c) or (2).
(2) The board may, rather than revoking a permit under subsection (1),
(a) reprimand one or more of the shareholders of the land surveying company, or
(b) impose a fine on the land surveying company in an amount not exceeding $10 000.
(3) Where a permit is revoked under this section, the board must inform the Registrar of Companies and the Registrar of Companies must amend the name of the company whose permit has been revoked
(a) by deleting the words "land surveying" from it, and
(b) by making any other amendments to it that the Registrar of Companies considers necessary or advisable.
(4) All shareholders, directors, officers and employees of a land surveying company may be
(a) compelled to give evidence at a proceeding under this Act other than as a member against whom a proceeding is brought under section 51, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding referred to in paragraph (a).
Historical Note(s): 1992-11-2.
49.7 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 49.1 to 49.6 including rules
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) fixing fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before the board,
(c) fixing conditions that may be attached to permits that are issued or renewed under this Act,
(d) respecting names and the approval of names including the types of names by which a land surveying company may be known, and
(e) respecting the disposition of shares of a shareholder of a land surveying company who
(i) ceases to be a member, or
(ii) remains a member but is not qualified to practise as a land surveyor.
(2) The board may, as a condition of issuing or renewing a permit, fix an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims.
(3) The rules under subsection (1) or the amount fixed under subsection (2) may be different for different permit holders, at the discretion of the board.
Historical Note(s): 1992-11-2.
49.8 The bylaws made under section 4 apply to land surveying companies, and the corporation and the board may exercise the powers given by this Act and the bylaws to enforce the bylaws made under section 4.
Historical Note(s): 1992-11-2.
49.9 Sections 56 to 60 apply to a land surveying company as though it was a member.
Historical Note(s): 1992-11-2.
50. (1) No person, other than a member in good standing, shall act or profess to act as a land surveyor or hold himself or herself out to the public or to a member of the public as being a land surveyor.
(2) No person, other than a member in good standing, shall use or display the designation "land surveyor", "B.C. Land Surveyor" or "British Columbia Land Surveyor" or the initials "B.C.L.S."
(3) A person who contravenes subsection (1) or (2) commits an offence.
(4) This section does not apply to a land surveying company.
Historical Note(s): 1990-4-20; 1992-11-3.
51. (1) Where the board determines that a member has breached or is in breach of a bylaw of the corporation, the board by order may do one or more of the following:
(a) censure the member;
(b) suspend the member for a period, not exceeding 6 months, that the board thinks fit;
(c) fine the member an amount not more than $3 000.
(2) Where the board determines that a member has been guilty of unprofessional conduct, the board may do one or more of the following:
(a) censure the member;
(b) suspend the member for a period that the board thinks fit or expel the member;
(c) fine the member an amount not more than $5 000.
(3) Unprofessional conduct includes, among other things, falsification of documents and the negligent or improper performance of a professional duty.
(4) The board may expel from membership, or suspend for a period it thinks fit, a member convicted of a criminal offence which, in the board's opinion, involves moral turpitude.
(5) The board may also order payment by a member whom it has found guilty of an offence, of the costs of any hearing relating to the offence, including the expenses of witnesses. The amount of these costs shall be ascertained and certified to by the secretary, and a copy of his certificate sent to the offender, who may appeal to the board within 10 days of its receipt by notice in writing. The board's decision is subject to further appeal under section 57.
(6) The board may also by order made at any time suspend an offending member until he pays any costs which the board has ordered him to pay. The corporation may recover the costs as a debt by action in a court of competent jurisdiction.
(7) The powers conferred by this section are exercisable against a member while he is under suspension.
Historical Note(s): RS1960-211-52; 1990-4-21.
52. Before censuring, suspending, expelling or fining a member, the board shall summon him to appear before them by summons under the hand of the secretary, or, in his absence, of 2 members of the board, giving the member reasonable notice and indicating with reasonable particularity in its summons the matters he will be called on to answer. If the member fails to appear as required by the summons, the board may proceed in his absence and make any order or decision it could have made if he were present.
Historical Note(s): RS1960-211-53; 1990-4-22.
53. The board may require, by summons similarly issued, the attendance of a witness at a hearing involving the conduct of a member, and the production of any records, and it may examine witnesses under oath. The board's summons has the force of a subpoena issued out of the Supreme Court, and a witness disobeying it or refusing to be sworn or give evidence is liable, on application to the Supreme Court, to attachment, fine or other punishment the court thinks fit.
Historical Note(s): RS1960-211-54.
54. (1) The board has full power to inquire into a suspected breach of a bylaw or unprofessional conduct by a member, and, without any complaint having been made or lodged, may summon the member to appear before the board for examination as to matters specified in the summons. On return of the summons or at an adjournment of the hearing, the board may examine the member on oath. If he fails to appear before the board, refuses to be sworn, or answer questions put to him to the board's satisfaction or is found by the board, on examination or on the evidence of witnesses, to have been guilty of breach of a bylaw or of unprofessional conduct, the board may punish him under section 51.
(2) The powers conferred by this section may be exercised against a member while he is under suspension.
(3) In proceedings under this section it is no disqualification of a member of the board that the board has proceeded of its own motion or at the instance of a member of the board, but all members of the board, whether initiators of the proceedings or not, are entitled to sit and adjudicate at any hearing.
Historical Note(s): RS1960-211-55.
55. Any number of offences or of alleged or suspected offences may be dealt with at one hearing and disposed of in one order.
Historical Note(s): RS1960-211-56.
56. When a member has been expelled from membership or suspended, the secretary shall enter the suspension or expulsion against the name of the member in the register of the corporation, and a notice of the suspension or expulsion shall be published in the Gazette within 15 days of the board ordering the suspension or expulsion.
Historical Note(s): RS1960-211-57.
57. An order or decision of the board under section 34, 51, 52 or 54 may be appealed, by the member affected or by a complainant, to the Supreme Court.
Historical Note(s): RS1960-211-58(1).
58. (1) An appeal to the Supreme Court shall be taken by service of a notice of appeal, containing the grounds of appeal, within 30 days from the date the appellant first had notice of the board's order or decision, or where notice of the order or decision is published in the Gazette, within 30 days of the publication. Notice of appeal shall be served on the board and on the complainant or member against whom complaint was made, as the case may be.
(2) Within 10 days after service of notice of appeal, the appellant shall set down the appeal for hearing as though it were a trial, deposit a record of all proceedings before the board for the use of the court, and furnish a copy of the record to each respondent.
Historical Note(s): RS1960-211-59.
59. (1) On the hearing of an appeal, the court shall proceed on the record of the proceedings before the board, unless the court, for special reasons, directs further evidence to be received.
(2) On the hearing of an appeal, the court may review the decision of the board on the facts and the law, and reverse or confirm it in whole or in part, or remit the proceedings to the board for a rehearing. No decision shall be reversed unless it appears that substantial justice has not been done.
(3) On the hearing of an appeal, the court may make any order which the board should have made, modify a penalty imposed, or impose the penalty which the board should have imposed, and has a discretion like that of the board.
(4) Appeals shall be heard in the City of Victoria or of Vancouver, unless otherwise agreed by the board and the parties concerned.
Historical Note(s): RS1960-211-60.
60. No writ of certiorari shall issue for the removal of an order or decision of the board into a court of law, nor shall an order or decision be quashed or reviewed by any means other than appeal as provided in this Act.
Historical Note(s): RS1960-211-61.
60.1 On application of the board and on being satisfied that there is reason to believe that there is or will be a contravention of this Act, the Supreme Court may grant an injunction restraining a person from continuing or committing the contravention, and, pending disposition of the action seeking the injunction, the court may grant an interim injunction.
Historical Note(s): 1990-4-23.
61. An action may not be brought against the board or a member of it for anything done in good faith in pursuance or intended pursuance of this Act.
Historical Note(s): RS1960-211-62.
62. Copies of records of the corporation certified under the signature of the secretary and the seal of the corporation are admissible in all courts in the Province as evidence of the original records.
Historical Note(s): RS1960-211-63.
63. All fees, fines, penalties and costs receivable or recoverable under this Act, other than under section 50, or a bylaw are the property of the corporation.
Historical Note(s): RS1960-211-64; 1990-4-24.
64. Section 5 of the Offence Act does not apply to this Act or to the bylaws of the corporation.
Historical Note(s): 1990-4-25.
Form A
Discharge From Articles as Pupil of Land Surveyor
This certifies that _______________________ has regularly and faithfully served _________________ years under the articles of apprenticeship attached, including ________________ months of actual practice in the field, in British Columbia. He has shown [here insert testimony as to the pupil's character for sobriety and probity] _____________________, and is now honourably discharged from the articles.
Dated __________ [month, day], 19__.
(Signed) ____________________
Form B
Commission as Land Surveyor
This certifies that ____________________, of ____________________, has passed his examination before the Board of Management of the Corporation of Land Surveyors of British Columbia, and has qualified to fill the office and perform the duties of a land surveyor for British Columbia, having complied with all the requirements of the law. ____________________ is admitted to membership in the corporation and commissioned to discharge the duties of a land surveyor, and is by law authorized to practise as a land surveyor in British Columbia, as long as he remains a member in good standing.
In witness we, on behalf of the board, have signed this commission at ____________________ on __________ [month, day], 19__.
______________________________
President or Member of Board
______________________________
Secretary
Form C
Form of Ballot Paper
Corporation of Land Surveyors of the Province of British Columbia
Election of Board of Management, 19__.
I, ____________________, of ____________________ British Columbia, member of the Corporation in good standing, declare that
1. The signature hereto is my proper handwriting.
2. I vote for the following persons opposite whose names I have marked a cross (X) as members of the Board of Management of the Corporation of Land Surveyors of the Province of British Columbia for the ensuing year:
| Votes | |||
| Names of Proposers | Names of Nominees | Residence | (Not more than ____ names to be marked with an X.) |
3. I have signed no other ballot paper at this election.
4. This ballot paper was marked and signed by me on the date below.
Witness my signature __________ [month, day], 19__.
Historical Note(s): RS1960-211-Sch.; 1969-12-18; 1990-4-26.
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