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The Land Surveyors Act

C.C.S.M. c. L60

The Land Surveyors Act

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