O. Reg. 327/12: GENERAL

 

ontario regulation 327/12

made under the

Surveyors Act

Made: May 14, 2012
Approved: October 31, 2012
Filed: November 1, 2012
Published on e-Laws: November 2, 2012
Printed in The Ontario Gazette: November 17, 2012

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

(General)

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

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

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

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

2. Clause 7 (7) (c) of the Regulation is amended by striking out “mail a copy of the return” in the portion before subclause (i) and substituting “send, by mail or electronic means, a copy of the return”.

3. (1) Clause 20 (1) (a) of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(2) Clause 20 (1) (c) of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

4. (1) Clause 22 (1) (b) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

(2) Clause 22 (1) (c) of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(3) Subsection 22 (3) of the Regulation is amended by striking out “professional land surveying” in the portion before clause (a) and substituting “professional surveying”.

5. (1)  The heading immediately before section 22.1 of the Regulation is revoked and the following substituted:

Branches of Professional Surveying

(2) Section 22.1 of the Regulation is amended by striking out “professional land surveying” in the portion before paragraph 1 and substituting “professional surveying”.

6. (1) Subsection 23 (3) of the Regulation is revoked and the following substituted:

(3) An applicant for a term of articles must provide proof of,

(a) successful completion of a program at the baccalaureat level in professional surveying approved by the Academic and Experience Requirements Committee;

(b) successful completion of a program that, in the opinion of the Academic and Experience Requirements Committee, is equivalent in content and level of difficulty to a program approved under clause (a); or

(c) experience or knowledge or a combination thereof that, in the opinion of the Academic and Experience Requirements Committee, provides equivalent competencies to a program approved under clause (a).

(2) Clause 23 (4) (a) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

(3) Clause 23 (4) (b) of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(4) Subsection 23 (5) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

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

(15) The Academic and Experience Requirements Committee may waive or vary the requirements for articles, as set out in this section, for an applicant who,

(a) is a professional surveyor in good standing in another jurisdiction or holds an equivalent professional designation in another jurisdiction; or

(b) has met the requirements of subsection (3) and has recently worked, in Ontario or elsewhere, a minimum of five years in a position that, in the opinion of the Academic and Experience Requirements Committee, provides experience that is equivalent to the experience obtained working as a professional member in Ontario.

7. Clause 25 (2) (c) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

8. (1) Subsection 26 (1) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) a professional development report, completed by the applicant, for the 12-month period ending that December 31.

(2) Clause 26 (2) (c) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

9. The Regulation is amended by adding the following section:

Suspension

26.1 (1) The Registrar may suspend a member’s licence, certificate of authorization or certificate of registration if the member,

(a) fails to file anything required under clause 26 (1) (b), (c) or (d) or (2) (b) or (c); or

(b) fails to meet the requirements of the professional development program described in section 41.

(2) The Registrar shall not suspend a licence, certificate of authorization or certificate of registration without first giving the member two months notice of the default and intention to suspend. 

(3) A person whose licence, certificate of authorization or certificate of registration was suspended by the Registrar under subsection (1) is entitled to have the suspension removed on,

(a) filing of the thing the person failed to file; or

(b) meeting the requirements of the professional development program.

(4) If a licence, certificate of authorization or certificate of registration is suspended by the Registrar under subsection (1) and the suspension is not removed under subsection (3) within one year of the date of the suspension, the Registrar shall refer the matter to the Council with a recommendation that the matter be referred to the Discipline Committee.

10. Subsection 31 (2) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

11. Clauses 33 (2) (e) and (f) of the Regulation are revoked and the following substituted:

(e) ensure that clients are aware of the complexity of a project and the nature of fees for service;

(f) when signing a survey plan or a project, include a statement that certifies that the plan or project complies with all relevant legislative requirements and all standards of the Association; and

12. (1) Subsection 34 (1) of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(2) Clauses 34 (2) (a) and (b) of the Regulation are amended by striking out “professional land surveying” wherever it appears and substituting in each case “professional surveying”.

(3) Clause 34 (2) (c) of the Regulation is amended by striking out “profession of land surveying” and substituting “profession of surveying”.

(4) Clauses 34 (2) (d) and (e) of the Regulation are amended by striking out “professional land surveying” wherever it appears and substituting in each case “professional surveying”.

(5) Clauses 34 (2) (i) and (j) of the Regulation are revoked and the following substituted:

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

(j) no professional member shall pay a commission in respect of a project or offer or agree to divide his or her remuneration with another person in respect of a project unless the other person has participated in completing the project;

(k) every professional member shall participate in the professional development program described in section 41; and

(l) every licensed member shall conduct every survey in an impartial manner.

(6) Subsection 34 (4) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

(7) Section 34 of the Regulation is amended by adding the following subsection:

(6) For the purposes of clause (2) (l), a licensed member fails to conduct a survey in an impartial manner if he or she acts as an advocate for a client or renders an opinion on the location of a boundary or corner by,

(a) failing to collect and assess all best available documentary and physical evidence with respect to the true location of the boundary or corner; or

(b) unfairly favouring some documentary or physical evidence with respect to the true location of the boundary or corner over other such evidence.

13. (1) Paragraph 1 of section 35 of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

(2) Paragraph 2 of section 35 of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(3) Paragraph 3 of section 35 of the Regulation is amended by striking out “professional land surveying” at the end and substituting “professional surveying”.

(4) Paragraph 6 of section 35 of the Regulation is amended by striking out “certificate, report or plan” and substituting “project”.

(5) Paragraph 7 of section 35 of the Regulation is amended by striking out “phases of survey work” and substituting “phases of a project”.

(6) Paragraph 12 of section 35 of the Regulation is amended by striking out “surveying services” wherever it appears and substituting in each case “professional surveying services”.

(7) Paragraph 15 of section 35 of the Regulation is amended by striking out “practice of surveying” and substituting “practice of professional surveying”.

(8) Paragraph 21 of section 35 of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

14. Subsection 36 (1) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

15. (1) Clause (a) of the definition of “firm” in subsection 40 (1) of the Regulation is amended by striking out “professional land surveying” and substituting “professional surveying”.

(2) The definition of “project” in subsection 40 (1) of the Regulation is revoked. 

16. The Regulation is amended by adding the following sections:

Professional Development Program

41. (1) The Council shall establish a professional development program for the professional members of the Association in accordance with this section.

(2) The requirements of the professional development program shall be published by the Council, posted on the Association’s website and distributed to the professional members by mail or electronic transmission.

(3) If the Council changes any of the requirements of the professional development program published under subsection (2), the Council shall, immediately after the changes are made, publish the changes, post them on the Association’s website and give notice of the changes to the professional members by mail or electronic transmission.

(4) Despite subsection (2), it shall be a requirement of the professional development program that, every three years, a professional member shall,

(a) complete at least 36 hours of continuing education courses relating to the practice of professional surveying that are offered by the Association or approved by the Council;

(b) participate in at least 66 hours of professional activities that support the profession of professional surveying, that are approved by the Council and that may include,

(i) attendance at Association meetings or meetings of Association committees or other professional organizations,

(ii) participation in Association committees or other related professional organizations,

(iii) publication of works relating to the profession or presentations of papers relating to the profession, and

(iv) independent learning and self-study activities; and

(c) satisfy such other requirements as may be required by the Council and published in accordance with subsection (2).

(5) The three-year period referred to in subsection (4) shall begin,

(a) for a person who is a professional member on December 31, 2012, on January 1, 2013, and every three years thereafter subject to subsection (7); and

(b) for a person who becomes a professional member after December 31, 2012, on January 1 of the year following the year in which he or she became a professional member, and every three years thereafter subject to subsection (7).

(6) A professional member is not required to participate in the professional development program during a year in which he or she becomes ill or physically disabled or during which such other extenuating circumstances exist, if the Registrar determines that the illness, disability or circumstances are such that the member should be exempt from the professional development requirements.

(7) If the Registrar determines that a professional member is not required to participate in the professional development program during one or more years, the three-year period determined under subsection (5) shall be adjusted accordingly.

(8) Every professional member shall participate in the professional development program.

42. Every professional member shall complete an annual report on their professional development activities and submit the report to the Registrar along with their application for renewal of a licence or certificate of authorization under section 26.

43. (1) Every professional member shall maintain records of their professional development activities for a period of at least five years.

(2) The Registrar may conduct audits of members’ professional development records to ensure that members are complying with the requirements of the professional development program.

Commencement

17. This Regulation comes into force on December 1, 2012.

Made by:

Council of the Association of Ontario Land Surveyors:

Paul Benedict

President

Blain Martin

Executive Director

Date made: May 14, 2012.