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The Land Surveyors Amendment Act

S.M. 1989-90, c. 29

Bill 40, 2nd Session, 34th Legislature

The Land Surveyors Amendment Act

(Assented to March 8, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L60 amended

1           The Land Surveyors Act is amended by this Act.

Section 1 amended

2           Section 1 is amended by adding the following definitions in alphabetical order within the section:

"Manitoba land surveyor" means an individual who has received a commission to practise as a surveyor of lands and is registered under this Act; («arpenteur géomètre du Manitoba»)

"practice of land surveying" means

(a) the determination, establishment, location, demarcation or definition of boundaries of land, land covered by water or air space, or a right or interest in land or in air space,

(b) the determination of the location of anything relative to a boundary for the purpose of certifying the location of the thing,

including the preparation of maps, plans and documents and advising and reporting with respect to any of the matters described in clauses (a) and (b); («exercice de la profession d'arpenteur-géomètre»)

"surveyor of lands" or "land surveyor" means an individual who engages in the practice of land surveying; («arpenteur-géomètre»)

Subsection 54(1) repealed and substituted

3           Subsection 54(1) is repealed and the following is substituted:

Unauthorized practice prohibited

54(1)       No person shall engage in or hold himself or herself out as engaging in the practice of land surveying unless the person is registered under this Act or is acting under the direct supervision of a person registered under this Act.

Exception for architects and engineers

54(2)        Nothing in this Act applies to or affects

(a) the practice of architecture by an architect practising under the authority of The Architects Act; or

(b) the practice of engineering by an engineer practising under the authority of The Engineering Profession Act.

Exception

54(3)       Subsection (1) does not apply to the survey of Canada Lands as defined in Part II of the Canada Lands Surveys Act.

Penalty

54(4)       A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2000.

Sufficient proof of unauthorized practice

54(5)       For the purpose of subsection (1), proof of the performance of one act of the practice of land surveying on one occasion is sufficient to establish engaging in the practice of land surveying.

Subsections 54(2) and (3) renumbered

4           Subsections 54(2) and (3) are renumbered as subsections 54(6) and 54(7).

Coming into force

5           This Act comes into force on the day it receives royal assent.