C.C.S.M. c. L60
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PART 1
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INTERPRETATION
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1
| (1)
| Definitions
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| (2)
| Reference to "Act" includes by-laws
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PART 2
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PRACTICE OF LAND SURVEYING
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2
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| Practice of land surveying
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3
| (1)
| Exclusive right to practise
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| (2)
| Exceptions
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| (3)
| Permitted practices
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| (4)
| Use of stamp
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| (5)
| Use of name
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4
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| Plans to be certified by a Manitoba land surveyor
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5
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| Prohibition on holding out or use of title
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PART 3
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ASSOCIATION OF MANITOBA LAND SURVEYORS
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6
| (1)
| Association continued
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| (2)
| Powers
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| (3)
| Membership
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| (4)
| Purpose
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| (5)
| Duties
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| (6)
| Annual general meetings
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| (7)
| Special general meetings
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| (8)
| Notice of meetings
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7
| (1)
| Establishment of the council
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| (2)
| Council to manage affairs
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| (3)
| Composition of council
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| (4)
| Public representatives
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| (5)
| By-laws for election or appointment of members
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8
| (1)
| Council appointments
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| (2)
| Appointment of registration committee
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PART 4
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BY-LAWS
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9
| (1)
| By-laws
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| (2)
| Code of ethics
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| (3)
| Approval of by-laws
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10
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| By-laws are public documents
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PART 5
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REGISTRATION AND LICENSING
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REGISTERS
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11
| (1)
| Establishing registers
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| (2)
| Entry in the general register
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| (3)
| Entry in annual register — Manitoba land surveyors
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| (4)
| Entry in annual register — professional corporations
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| (5)
| Registers are open to the public
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12
| (1)
| Removal from annual register
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| (2)
| Effect of removal from annual register
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REGISTRATION
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13
| (1)
| Registration as a member
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| (2)
| Name to be entered in the general register
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| (3)
| Certificate of registration to be issued
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| (4)
| Application for registration not approved
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| (5)
| Appeal to council
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| (6)
| Hearing
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| (7)
| Right to appear and make representations
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| (8)
| Participation by registration committee
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| (9)
| Decision by the council
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| (10)
| Notice of decision on appeal
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| (11)
| Appeal to court
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| (12)
| Powers of court on appeal
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LICENSING
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14
| (1)
| Manitoba land surveyor licence application
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| (2)
| Additional requirements
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| (3)
| Issuance or renewal of a Manitoba land surveyor licence
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| (4)
| Licence terms or conditions
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15
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| Entitlement to practise
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16
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| Duration of licence
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17
| (1)
| Reinstatement of licence
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| (2)
| Reinstatement in annual register
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18
| (1)
| Application for renewal of a licence
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| (2)
| Licence continues
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19
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| Appeal
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PART 6
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PROFESSIONAL CORPORATIONS
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20
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| Professional corporation may practise
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21
| (1)
| Corporate permit
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| (2)
| Validity during consideration of renewal application
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| (3)
| Validity of permit
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| (4)
| Refusal to issue or renew permit
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| (5)
| Notice of decision
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| (6)
| Appeal to council
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| (7)
| How to appeal
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| (8)
| Decision by council
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| (9)
| Appeal to court
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22
| (1)
| Business without permit prohibited
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| (2)
| Restriction on business of professional corporation
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| (3)
| Interpretation of business restriction
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| (4)
| Validity of corporate act
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23
| (1)
| Voting agreements void
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| (2)
| Unanimous shareholders' agreements void
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24
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| Notice of changes
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25
| (1)
| Application of Act
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| (2)
| Obligations to clients not diminished
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| (3)
| Liability of member
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| (4)
| Liability of voting shareholders
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| (5)
| Effect of Manitoba land surveyor's conduct on professional corporation
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| (6)
| Manitoba land surveyor's conditions apply to corporation
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26
| (1)
| Grounds for suspension or cancellation of permit
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| (2)
| Limitation
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| (3)
| Surrender of permit
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27
| (1)
| Written notice of cancellation required
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| (2)
| Appeal to court
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| (3)
| Powers of court on appeal
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28
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| Alternative to cancellation or suspension
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PART 7
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COMPLAINTS
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29
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| Definitions
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COMPLAINTS COMMITTEE
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30
| (1)
| Complaints committee
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| (2)
| Public representatives
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31
| (1)
| Complaints against members
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| (2)
| Complaints against former members
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32
| (1)
| Referral to complaints committee
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| (2)
| Notice of referral
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33
| (1)
| Informal resolution
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| (2)
| Investigation
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| (3)
| Persons eligible to be an investigator
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| (4)
| Records and information
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| (5)
| Failure to produce records
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| (6)
| Investigation of other matters
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| (7)
| Report to the complaints committee and investigated member
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DECISION OF COMPLAINTS COMMITTEE
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34
| (1)
| Decision of complaints committee
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| (2)
| Matter not resolved by mediation
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| (3)
| Decision served on member and complainant
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| (4)
| Hearing not required
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35
| (1)
| Conditions on right to practise
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| (2)
| Costs
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CENSURE
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36
| (1)
| Personal appearance
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| (2)
| Publication of censure
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| (3)
| Order for costs
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VOLUNTARY SURRENDER OF REGISTRATION
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37
| (1)
| Voluntary surrender of registration
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| (2)
| Order for costs
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38
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| Conditions on reinstatement
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APPEAL BY COMPLAINANT
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39
| (1)
| Appeal by complainant to council
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| (2)
| Notice
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| (3)
| Power on appeal
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| (4)
| Notice of decision
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| (5)
| Hearing not required
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SUSPENSION OF REGISTRATION PENDING DECISION
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40
| (1)
| Suspension of registration pending decision
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| (2)
| Notice of suspension or conditions
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41
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| Application for stay
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MISCELLANEOUS
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42
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| Referral to inquiry committee
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43
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| Disclosure of information to authorities
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INQUIRY COMMITTEE
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44
| (1)
| Inquiry committee
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| (2)
| Public representatives
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45
| (1)
| Selection of panel
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| (2)
| Composition
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| (3)
| Exclusion from panel
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| (4)
| Effect of member being unable to continue
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HEARINGS
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46
| (1)
| Hearing
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| (2)
| Date of hearing
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| (3)
| Notice of hearing
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| (4)
| Public notice of hearing
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47
| (1)
| Procedure
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| (2)
| Rules of evidence do not apply
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| (3)
| Right to appear and be represented
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| (4)
| Adjournments
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| (5)
| Recording of evidence
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48
| (1)
| Member may examine documentary evidence
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| (2)
| Member to provide documentary evidence
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| (3)
| Evidence of expert without report
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| (4)
| Failure to comply — documentary evidence or summary
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49
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| Investigation of other matters
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50
| (1)
| Hearing open to public
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| (2)
| Request for private hearing
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| (3)
| When private hearing may be held
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| (4)
| Reasons for excluding the public to be available
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51
| (1)
| Evidence
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| (2)
| Power to administer oaths
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52
| (1)
| Witnesses
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| (2)
| Notice to attend and produce records
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| (3)
| Registrar to provide notices
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| (4)
| Witness fees
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| (5)
| Failure to attend or give evidence
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53
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| Hearing in absence of member
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DECISION OF PANEL
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54
| (1)
| Decision of the panel
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| (2)
| Findings of panel
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55
| (1)
| Orders of panel
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| (2)
| Panel may consider past censure
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| (3)
| Ancillary orders
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| (4)
| Costs when conditions imposed
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| (5)
| Contravention of order
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56
| (1)
| Costs and fines
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| (2)
| Nature of costs
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| (3)
| Failure to pay costs and fines by time ordered
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| (4)
| Filing of order
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THE DECISION
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57
| (1)
| Written decision
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| (2)
| Decision forwarded to registrar
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| (3)
| Service of decision
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| (4)
| Copies of transcript
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58
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| Publication of decision
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APPEAL TO COURT OF APPEAL
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59
| (1)
| Appeal to Court of Appeal
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| (2)
| Commencement of appeal
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| (3)
| Appeal on the record
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60
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| Powers of Court on appeal
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61
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| Stay pending appeal
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REINSTATEMENT
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62
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| Reinstatement
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PART 8
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RIGHTS AND POWERS OF LAND SURVEYORS
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63
| (1)
| Right of entry for purpose of making survey
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| (2)
| Entry into dwelling with consent
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| (3)
| Warrant for entry and inspection
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| (4)
| Abandoned building not a dwelling
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| (5)
| Conditions
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| (6)
| Obtaining assistance
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64
| (1)
| Compelling attendance before surveyor
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| (2)
| Justice may issue subpoena
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| (3)
| Failure to comply with a subpoena is an offence
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PART 9
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PROHIBITIONS
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65
| (1)
| Obstruction of Manitoba land surveyor
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| (2)
| Disturbance of monument
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66
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| Civil remedy not prejudiced
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67
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| Temporary removal of monuments
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68
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| False or misleading information
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PART 10
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COMPLIANCE
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INSPECTORS
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69
| (1)
| Appointment of inspectors
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| (2)
| Review of a practice
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70
| (1)
| Entry of premises and inspection of records
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| (2)
| Entry of dwelling with consent
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| (3)
| Admissibility of copies
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| (4)
| Warrant for entry and inspection
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| (5)
| Abandoned building not a dwelling
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| (6)
| Conditions
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| (7)
| Obtaining assistance
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| (8)
| Concealing, etc., records from an inspector
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OFFENCES
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71
| (1)
| Offence
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| (2)
| Offence re confidentiality of information
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| (3)
| Officers, directors and employees
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| (4)
| Limitation on prosecution
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| (5)
| Fines payable to the government
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| (6)
| Prosecution of offence
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| (7)
| Stay of proceedings
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72
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| Single act of unauthorized practice
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INJUNCTION
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73
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| Injunction
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PART 11
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GENERAL PROVISIONS
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SERVICE OF DOCUMENTS
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74
| (1)
| Service of documents
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| (2)
| Deemed receipt
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REGISTRAR'S CERTIFICATE
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75
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| Registrar's certificate
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PROTECTION FROM LIABILITY
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76
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| Protection from liability
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CONFIDENTIALITY OF INFORMATION
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77
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| Confidentiality of information
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LIMITED LIABILITY PARTNERSHIPS
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78
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| Limited liability partnerships
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EMPLOYER'S RESPONSIBILITY
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79
| (1)
| Employer's responsibility to ensure licensing
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| (2)
| Responsibility to report misconduct
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ANNUAL REPORT
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80
| (1)
| Annual report
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| (2)
| Contents of report
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| (3)
| Annual report is public document
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PART 12
|
JOINT BOARD ON INTER-PROFESSIONAL ISSUES
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81
| (1)
| Joint board with Association of Professional Engineers and Geoscientists of Manitoba
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| (2)
| Composition of board
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| (3)
| Rules of procedure
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| (4)
| Disputes
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PART 13
|
RELATED AND CONSEQUENTIAL AMENDMENTS
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82 to 84
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PART 14
|
TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
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85
| (1)
| Registration continued
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| (2)
| Commission continued as a licence
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| (3)
| Powers of executive council under this Act
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| (4)
| Council continued
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86
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| Complaints re past conduct
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87
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| Repeal
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88
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| C.C.S.M. reference
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89
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| Coming into force
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