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O. Reg. 507/21: PERFORMANCE STANDARDS FOR THE PRACTICE OF PROFESSIONAL LAND SURVEYING
filed June 30, 2021 under Surveyors Act, R.S.O. 1990, c. S.29
Skip to contentontario regulation 507/21
made under the
Surveyors Act
Made: April 12, 2021
Approved: June 24, 2021
Filed: June 30, 2021
Published on e-Laws: June 30, 2021
Printed in The Ontario Gazette: July 17, 2021
Amending O. Reg. 216/10
(PERFORMANCE STANDARDS FOR THE PRACTICE OF PROFESSIONAL LAND SURVEYING)
1. (1) Section 1 of Ontario Regulation 216/10 is amended by adding the following definition:
“deliverable” means a component item of a project delivered to a client, including a field survey and monumentation, plan, map, drawing, data file, opinion report or any other form of transmittal; (“élément livrable”)
(2) The definition of “project” in section 1 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
“project” means a planned activity or work conducted over a period of time for a client by which a professional member advises or gives an opinion as to,
. . . . .
2. Sections 2 and 3 of the Regulation are revoked and the following substituted:
Standards for projects
2. When undertaking a project, a professional member shall ensure that the project deliverables meet all project requirements and specifications and that they comply with this Regulation.
Review with client
3. A professional member who undertakes a project for a client shall review the proposed project deliverables with the client to describe how the project shall be undertaken so that it complies with all applicable Acts, regulations under them and practice standards.
3. Section 5 of the Regulation is amended by striking out “project results” in the portion before clause (a) and substituting “project deliverables”.
4. Section 15 of the Regulation is amended by adding “accurate” after “clear”.
5. Subsection 17 (1) of the Regulation is revoked and the following substituted:
Plan requirements for hard copy registration or deposit
(1) A plan to be registered or deposited in the registry system or the land titles system in hard copy format shall,
(a) be drawn on translucent linen or translucent plastic material that is of durable quality and will not crack or break;
(b) be rectangular;
(c) be drawn and signed in black adhesion type ink;
(d) be drawn to a scale or scales sufficient for clarity of all particulars on the plan;
(e) be prepared to a drafting standard that will permit legible and accurate copies to be made from it; and
(f) not be coloured.
6. The Regulation is amended by adding the following sections:
Plan requirements in case of electronic registration or deposit
17.1 A plan to be electronically registered or deposited in the registry system or the land titles system shall,
(a) comply with the requirements for the electronic registration or deposit of plans of the Registry Act and the Land Titles Act and the regulations made under those Acts; and
(b) not be coloured.
Plan requirements where no registration or deposit
17.2 (1) A plan prepared as a result of a cadastral survey that will not be registered or deposited in the registry system or the land titles system shall,
(a) be produced in a hard copy or electronic format that is of durable quality suitable for long-term reproduction and preservation;
(b) be rectangular;
(c) be drawn and signed physically or electronically;
(d) be drawn to a scale or scales sufficient for clarity of all particulars on the plan;
(e) be prepared to a drafting standard that will permit legible and accurate copies to be made from it; and
(f) if any colour appears on the plan, contain a note on the face of the plan indicating that the original was in colour.
(2) A plan prepared under subsection (1) that is to be delivered electronically shall include the following notation below the scale bar required by clause 18 (1) (h):
The intended plot size of this plan is __mm in width by __mm in height when plotted at a scale of 1:__ .
(3) The only handwriting to appear on a plan shall be the original signatures of persons required to sign the plan and the dates of the signatures.
(4) Despite clauses (1) (a) and (c), a plan may be in whole or in part a photographic reproduction on plastic material that is of durable quality and will not crack or break, but all additions to the photographic reproduction shall be in black adhesion type ink and signatures shall not be reproductions.
(5) Despite clause (1) (c), the title, legend and margin and any applicable certificates and forms prescribed by the regulations under which the plan is prepared may be pre-printed on a plan in a manner that is permanent and permits legible and accurate copies of the plan to be made.
(6) In this section,
“intended plot size” means the intended overall physical dimensions of a plan, including a 15 mm plan margin, when a plan is printed at the scale at which the plan was drawn.
7. Section 23 of the Regulation is amended by adding the following clauses:
(c) the corresponding direction shown on the most recently registered or deposited plan or contained in the description in the most recently registered instrument or parcel, which shall be made consistent with the measured direction as to the ground or grid reference for the plan being prepared; and
(d) the rotation applied to the previous plan or description, in a note or table format.
8. The definition of “surveyor’s real property report” in section 28 of the Regulation is amended by adding “which is not occupied by apartment or condominium buildings, townhouses or industrial or commercial buildings” at the end.
9. Subsection 29 (1) of the Regulation is amended by striking out “documentation” and substituting “deliverables”.
10. The Regulation is amended by adding the following sections before the heading to Part III:
Provincial Survey Records Index
Provincial Survey Records Index
35.1 The Association shall establish and maintain a provincial Survey Records Index to facilitate members’ research of survey records that is capable of communicating with any other survey records system endorsed by the Council.
New records to be indexed
35.2 Where any survey project that establishes or retraces a property boundary is completed, within one month of the completion of the project or one month of the signing of a plan associated with the project the surveyor completing the project shall enter the following information in respect of the project in the provincial Survey Records Index, or in a survey records system endorsed by the Council:
1. Land Registry Office applicable in respect of the survey.
2. Municipality in which the survey is made.
3. Survey Record Type.
4. Survey Record Prefix (Alpha).
5. Plan number or Concession number.
6. Survey date.
7. Job number.
Historical records to be indexed
35.3 (1) In this section,
“firm” means any holder of a certificate of authorization practising cadastral surveying.
(2) Within five years after the day this section comes into force, firms shall, in respect of all survey records under their control, enter the information described in paragraphs 1 to 7 of section 35.2 in the provincial Survey Records Index.
(3) The Council may extend the five-year deadline referred to in subsection (2) upon receiving a written request from the holder of a certificate of authorization.
(4) The Council may exempt a firm from the requirement set out in subsection (2) upon receiving a written request from the holder of a certificate of authorization, if the following conditions are met:
1. The request is in respect of an area where there is limited searching activity by other firms.
2. The firm enters a record into the provincial Survey Records Index that describes its normal area of practice.
3. The firm agrees to provide timely and reasonable responses to research requests from other firms.
(5) Where there is a change in the holder of the certificate of authorization for a firm, a new written request for an exemption must be made to the Council within 30 days of the change.
Partial survey
35.4 Where a surveyor provides a deliverable that is not completely based on a survey, the deliverable shall,
(a) clearly indicate the purpose for which it was provided in the title block;
(b) identify any information shown that is not based on a survey as “not based on a survey” and indicate the source of the information; and
(c) include the following notation:
“Caution: This product is not a plan of survey and shall not be used except for the purpose indicated in the title block. This product is protected by copyright.”
11. The English version of section 37 of the Regulation is amended by striking out “a geodetic surveying” in the portion before clause (a) and substituting “geodetic surveying”.
12. The English version of section 39 of the Regulation is amended by striking out “hydrography” and substituting “hydrographic surveying”.
Commencement
13. This Regulation comes into force on the day it is filed.
Made by:
Pris par :
Council of the Association of Ontario Land Surveyors:
Le Conseil de l’Ordre des arpenteurs-géomètres de l’Ontario :
Brian Maloney
Executive Director
Gavin Lawrence
President/ Président
Date made: April 12, 2021
Pris le : 12 avril 2021