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C.C.S.M. c. L60
The Land Surveyors Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"association" means the Association of Manitoba Land Surveyors; (« Ordre »)
"board" means the board of examiners of the association; (« comité des examens »)
"council" means the executive council of the association; (« conseil »)
"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 »)
"president" means the president of the association, or the presiding officer for the time being at any general meeting of the association; (« président »)
"registrar" means the registrar of the association; (« registraire »)
"secretary-treasurer" means the secretary-treasurer of the association; (« secrétaire-trésorier »)
"student" means a person serving under articles to a Manitoba land surveyor. (« stagiaire »)
"surveyor of lands" or "land surveyor" means an individual who engages in the practice of land surveying; (« arpenteur-géomètre »)
S.M. 1989-90, c. 29, s. 2.
2 The Association of Manitoba Land Surveyors is continued as a body corporate.
3 All persons before or after the coming into force of this Act duly registered under this Act are, while they continue so registered, members of, and form, the association.
4(1) The association may acquire and hold real and personal property for its corporate purposes but not for any other purpose.
4(2) The association may, under the authority of a by-law of the association, sell, mortgage, lease, or otherwise dispose of any real or personal property.
5(1) The association may pass by-laws not inconsistent with this Act for
(a) the government, discipline, honour, and ethics of its members, including, without limiting the generality of the foregoing, providing a code of ethics for its members;
(b) the management of its property;
(c) the examination and admission of candidates for the study and practice of the profession; and
(d) all such other purposes as may be necessary for the management and working of the association.
5(2) All by-laws shall be prepared by the executive council of the association and, before becoming effective, shall, except as hereinafter provided, be ratified by the association at the annual general meeting, or at a special general meeting to be called for the purpose.
5(3) The association, at any annual or special general meeting, may, for the guidance of the council in the preparation of any by-law, pass resolutions which may be either authoritative or instructive in character, or both; and any by-law prepared and passed by the council in accordance
therewith, and not inconsistent with this Act, becomes effective on the passing thereof, or according to the terms and conditions recited therein.
5(4) The notice of any general meeting of the association, at which ratification of a by-law is to be voted upon shall set out particulars of the by-law.
6(1) There shall be an executive council for the management of the association, to consist of the president, immediate past president, and vice-president, the secretary-treasurer of the association, and four other elective members, to be elected and hold office as hereinafter provided.
6(2) Five members of the council are a quorum for the transaction of business at meetings of the council.
6(3) Meetings of the council may be called by the chairman and shall be called by the chairman at the request of any two members of the council.
6(4) Each meeting of the council shall be presided over by the president or, in his absence, by the vice-president or, in the absence of both the president and the vice-president, by a chairman to be elected by the members of the council present at the meeting.
6(5) Due notice of each meeting of the council, as shall be provided by by-law, shall be given by the secretary-treasurer to each member thereof, and also to such members of the association as may have business therewith, by mailing the notice to the registered address of each member at least two days previous to the time of the meeting.
6(6) At the first meeting of the council following the annual election of officers by the association, the council shall appoint such other officers as may be necessary to carry out this Act; and the officers appointed under this subsection hold office during the pleasure of the council.
7(1) The annual general meeting of the association for the transaction of business and the election of officers and members of council shall be held in Manitoba on a date in each year determined by the council, at such place and hour as the council may appoint, and may be continued from day to day as may be necessary.
7(2) Due notice of the meeting shall be given by the secretary-treasurer to each member of the association by circular letter mailed to his registered address at least two weeks previous to the meeting.
7(3) Special general meetings of the association may be called when deemed necessary by the council or on a written request of ten members of the association, including at least three members of the council, addressed to the secretary-treasurer, setting forth their reasons and object for the special meeting.
7(4) The secretary-treasurer shall thereupon give at least six days' notice of the meeting by circular letter setting forth the object of the meeting, mailed to the registered address of each member of the association.
8(1) At each annual meeting of the association there shall be elected a president, a vice-president, a secretary-treasurer, a registrar, two auditors, and two elective members of the executive council; and the two elective members of council shall hold office for the term of two years, or until their successors are elected, and the other officers shall hold office for one year, or until their successors are elected.
8(2) The registrar may hold any other office in the association or be a member of council.
9(1) All elections under this Act shall be by ballot if demanded, and in the manner required under the by-laws of the association.
9(2) Each person elected shall have at least a majority of the votes cast at such election.
9(3) Retiring officers may be re-elected.
10(1) Where a ballot is demanded, the president shall forthwith appoint two members as scrutineers to receive and count the ballots.
10(2) Where an elector places upon a ballot paper more than the required number of names in any case, the first names only, not exceeding the required number, shall be counted.
10(3) Upon completion of the scrutiny, the president shall forthwith declare the result of the election; and the secretary-treasurer shall cause the names of the officers elected to be published in the next ensuing issue of The Manitoba Gazette.
11 No person is qualified to vote at an election, or is eligible for election or appointment to any office or position in the association or the executive council, or to hold any office or to fill any vacancy, unless all his fees have been paid and he is duly qualified under this Act and by the by-laws of the association.
12 In the case of doubt or dispute as to who has or have been elected to any office, or as to the legality of the election, the other duly elected officers are a committee to hold an inquiry and decide who, if any, is or are the legally elected officer or officers; and the person or persons, if any, whom they decide have been elected, shall be deemed to be the officer or officers legally elected; and, if the election is found to have been illegal, the committee may order a new election.
13 In case of the resignation, death, suspension, dismissal, disqualification, or inability to act, of any officer of the association or any elective member of the council, the council, or the other members thereof, as the case may be, except as in this Act otherwise provided, may fill any vacancy so caused for the unexpired portion of the term.
14(1) The secretary-treasurer of the association shall give notice of all meetings of the association, and of the executive council, and take and enter the minutes and transactions of all the meetings, and enter a true account of all moneys received and paid by him under this Act in proper books provided for the purpose.
14(2) The accounts of the secretary-treasurer shall be audited by the auditors and submitted to the council and the association at such time or times as they may require.
14(3) The secretary-treasurer shall give a bond of security satisfactory to the council, and shall have charge of the records and documents and other property of the association not specially placed in charge of any other person, and shall perform such other duties in connection with his office as required by this Act and as the council or the association may prescribe.
14(4) The secretary-treasurer is secretary of the executive council.
14(5) The secretary-treasurer of the association shall allow any person requesting it to read and make copies of any by-law of the association.
15(1) The registrar shall
(a) give notice of all meetings of the board to the members thereof;
(b) take and enter the minutes and transactions of all meetings of the board;
(c) enter a true account of all moneys received by him under this Act in proper books provided for the purpose; and
(d) remit all such moneys to the secretary-treasurer.
15(2) The accounts of the registrar shall be audited by the auditors of the association.
BOARD OF EXAMINERS
16(1) There shall be a board of examiners for the examination of candidates for admission to study, and for commissions to practise as land surveyors; and the board shall consist of the registrar and four other duly qualified members of the association, two of whom shall be appointed each year by the council at its first meeting after the annual election of officers by the association, to hold office for two years.
16(2) In case of resignation, death, suspension, dismissal, disqualification, or inability to act, of any member of the board, the council shall appoint a member of the association to be a member of the board for the unexpired portion of his term.
16(3) Each member of the board, before assuming the duties of an examiner, shall take and subscribe an oath of office in Form A in the Schedule; and the oath shall be filed with the registrar and kept with the records of the board.
16(4) Three members of the board constitute a quorum thereof.
16(5) The board shall, as often as may be necessary, elect one of its members, other than the registrar, as its chairman; and may make rules and regulations, subject to this Act and the by-laws of the association, for the conduct and management of examinations; and shall annually, prior to the annual general meeting of the association and whenever else required by the council, make a report in writing to the council of the results of its examinations.
17(1) The board shall annually meet and hold regular examinations of candidates in Winnipeg at a place appointed by the board on the Monday of the first complete week in April that does not contain a holiday, and may adjourn the meeting from time to time as it may deem necessary.
17(2) Where in any year there are candidates who are permitted by the association to write supplemental examinations, the board shall in that year meet and hold supplemental examinations on the Monday of the first complete week in November that does not contain a holiday, and may adjourn the meeting from time to time as it may deem necessary.
17(3) A special examination for commission to practise as a surveyor may be held at any time at the discretion of the board on the payment in addition to the regular fees prescribed by this Act, of a fee not exceeding $25. for each paper written by the candidate.
18 A member of the association who supervises an examination held by the board may be paid from the funds of the association an amount set by the board and approved by the executive council.
19(1) The council may appoint competent persons to assist the board of examiners in any of the subjects of examination and shall fix the fees and expenses to be paid for such assistants.
19(2) The council may make such arrangements with the Senate, or the corresponding body, of any university or educational institution in Canada, as it deems advisable and advantageous for the examination of candidates by the university or institution in any subject, or portion thereof, forming part of the course of instruction required for examination of candidates for commissions as Manitoba land surveyors.
20 A person who has a grade 12 university entrance standing in Manitoba or a school standing equivalent thereto from some other province or country, may be admitted as a student, but before filing his articles he shall submit evidence of the standing satisfactory to the board.
21(1) Except as hereinafter provided, no person is entitled to be examined for admission to practise as a Manitoba land surveyor unless
(a) he is serving as a student of a Manitoba land surveyor under articles in writing in Form B in the Schedule or under articles to the like effect;
(b) he produces a certificate in Form D in the Schedule signed by the Manitoba land surveyor with whom he served as a student, or, if for a reason satisfactory to the board the certificate cannot be produced, he proves to the satisfaction of the board that he has served a full period under articles mentioned in clause (a);
(c) his service as a student of a Manitoba land surveyor included at least two years of actual practice in the field; and
(d) he produces evidence of good character satisfactory to the board.
21(2) No Manitoba land surveyor shall have more than two students under articles to him at any time.
21(3) A Manitoba land surveyor shall not accept a student under articles unless he has been a member of the association in practice as a Manitoba land surveyor for periods totalling in aggregate not less than two years.
21(4) A surveyor with whom a student is serving under articles and the student, by mutual agreement, or the surveyor, or the student, with the consent of the board, may terminate the articles of service.
22 Where a surveyor to whom the student is articled dies, or leaves the province, or is suspended, dismissed, or disqualified, or ceases to practise, or where the articles of service are terminated under subsection 21(4), the student may complete his term of service under articles with another Manitoba land surveyor.
23 A Manitoba land surveyor may, with the consent of the student, assign to another Manitoba land surveyor the articles of service of a student articled to him, by an instrument in writing in Form C in the Schedule and the student may complete his term of service under articles with that other Manitoba land surveyor; but the student shall be required to produce a certificate from each of the surveyors for the purposes of clause 21(1)(b) or in default thereof such other evidence of service under articles as is satisfactory to the board.
24(1) A copy of the articles of service of a student signed by all parties thereto, and a copy of every assignment of such articles of service signed by both parties thereto together with a consent thereto signed by the student shall be filed with the registrar within two months of the date thereof to be kept by him with the records of the association, and the fees prescribed therefor under section 51 shall be paid to the registrar.
24(2) Where a copy of articles of service, or of an assignment of articles of service, is not filed with the registrar within the time set out in subsection (1), it may be filed after the expiration of that time; but, in that case, the period of service of the student shall, unless the board otherwise directs, be reckoned only from the date of filing.
25 A person intending to write an examination required under this Act or prescribed by the association for qualification for a commission to practise as a land surveyor shall give to the registrar written notice of his intention to present himself for the examination at least one month before the examination, and shall pay to the registrar at the time of giving notice the fees prescribed under section 50.
26(1) No person shall be admitted to practise as a land surveyor in Manitoba until he has attained the full age of 18 years, and, except as hereinafter provided, has passed an examination satisfactory to the board in botany, geology, algebra, geometry, plane and spherical trigonometry, astronomy, levelling and curves, practical computations, descriptions, laws relating to surveys and plans made or required in Manitoba, manuals of survey, practical surveying, town planning, photogrammetry, field work and observing, and such other subjects as the association may from time to time prescribe.
26(2) Before receiving a commission to practise as a land surveyor in Manitoba, an applicant shall perform such practical operations as the board may require to demonstrate his familiarity with surveying operations and his capability of intelligently reporting thereon, and shall answer under oath, which may be administered by any member of the board, such questions as the board or any member thereof may require, as to his actual experience in the field and with instruments.
26(3) Where an applicant for examination, or further examination, for a commission to practise as a land surveyor applies more than four years after the completion of his period of articles, he may be required by the board to serve under articles as a student of a Manitoba land surveyor for a further period of not more than two years before he is permitted to write the examination.
27 A person serving under articles as a student of a Manitoba land surveyor may, after filing his articles, write the examinations mentioned in subsection 26(1) in such parts and at such stages during his articles as the association may prescribe.
ADMISSION TO PRACTISE
28(1) Every person who passes the examinations and fulfils the requirements of this Act shall receive a commission from the association in Form E in the Schedule, authorizing him to practise as a surveyor of lands in and for Manitoba; but before receiving the commission he shall, with two sufficient sureties, to the satisfaction of the board, enter into a bond, in duplicate, in Form F in the Schedule, jointly and severally, in the sum of $1,000 to Her Majesty, her heirs and successors, conditioned for the due and faithful performance of the duties of his office, and shall take and subscribe the oath of allegiance in Form G in the Schedule and the oath of office, in Form H in the Schedule.
28(2) The oaths of allegiance and of office shall be deposited, and the commission shall be recorded, in the office of the Minister of Finance.
28(3) The bond shall be deposited and kept in the manner prescribed by law with regard to bonds given for like purposes by other public officers, and shall inure to the benefit of any person sustaining damage by breach of any condition thereof.
28(4) The secretary-treasurer shall cause the name of every person who receives a commission to be published in the next ensuing issue of The Manitoba Gazette.
29 Any surveyor, registered or unregistered, who becomes a subject or citizen of any foreign sovereign or a country other than Canada, or who has formally declared an intention to become a subject or citizen of a foreign sovereign or a country other than Canada, and who afterwards wishes to begin or resume the practice of land surveying in Manitoba, shall
(a) become re-naturalized under the Citizenship Act (Canada) or by other sufficient legal process; and
(b) furnish the bond and take the official oaths prescribed by this Act.
R.S.M. 1987 Supp., c. 4, s. 15.
31 Where, under subsection 26(3), the board requires a person to serve a period of articles or write an examination, the person affected thereby may appeal the requirement to the council which may confirm, vary or quash the requirement; and the person affected may appeal the decision of the council in respect thereof as provided in section 44 and section 44 applies, with such modifications as the circumstances require, to the appeal of the decision of the council.
R.S.M. 1987 Supp., c. 4, s. 15.
32 A graduate from any Canadian university or college which included a regular course of study in the technical and academic subjects in which candidates for a commission are required to be examined may
(a) be admitted to service under articles as a student of a Manitoba land surveyor without being required to pass the examination to which reference is made in subsection 27(1);
(b) write such examinations as may be prescribed by the association;
(c) serve under articles as a student of a Manitoba land surveyor for such period of not less than 18 months, of which not less than twelve months shall be actual practice in the field, as the board may direct; and
(d) upon passing an examination and complying with the requirements set out in clauses 21(1)(b) and (d), receive a commission authorizing him to practise as a surveyor of lands.
33 A person
(a) who has successfully completed a course of two or more years study and training in surveying at a provincial institute of technology in Manitoba, or at a similar institution in Canada with standards acceptable to the board, and who has been granted his diploma by such institute;
(b) who has served a term of service under articles as a student of a Manitoba land surveyor for such period of not less than two years, of which at least 12 months shall be actual practice in the field, as the board may direct;
(c) who has written such examinations as may be prescribed by the association; and
(d) who has passed an examination and complied with the requirements set out in clauses 21(1)(b) and (d);
may receive a commission authorizing him to practise as a surveyor of lands.
REGISTER OF SURVEYORS
34 The secretary-treasurer shall make and keep a correct register in Form I in the Schedule, of all persons who are entitled to be registered under this Act, and shall enter opposite the names of all registered persons who have died a statement of the fact, and make the necessary alterations in the addresses of persons registered, and, subject to this Act, keep the register in accordance with the by-laws of the association and the orders and regulations of the council.
35 No name shall be entered in the register except of a person authorized by this Act to be registered, nor unless the secretary-treasurer is satisfied by proper evidence that the person claiming to be registered is so entitled; and any appeal from the decision of the secretary-treasurer shall be decided by the council, and any entry that is proved to the satisfaction of the council to have been fraudulently or incorrectly made shall be erased from, or amended in, the register by order of the council.
36 Any person who wilfully procures, or attempts to procure, registration under this Act by making or producing, or causing to be produced or made, any false or fraudulent representation or declaration, either orally or in writing, that he is entitled to registration, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $25. and not more than $100., and, in default of payment, to imprisonment for a period not exceeding six months; and the council may remove the name of the offender from the register.
37 If the secretary-treasurer wilfully makes, or causes or allows to be made, any falsification in any matters relating to the register, he is guilty of an offence, and is liable on summary conviction, to a fine of not less than $25. or more than $100., and, in default of payment, to imprisonment for a period not exceeding six months.
38(1) A registered surveyor who desires to cease practice may have his name removed from the register at any time by giving to the secretary written notice of his desire and paying up all fees due from him to the association to date of notice; and upon receiving the notice and payment of the fees the secretary shall remove the name of the surveyor from the register and thereafter the surveyor shall not be liable to the association for annual or other fees.
38(2) Where a person whose name has been removed from the register in accordance with subsection (1) or with section 45 desires to resume practice as a registered surveyor, he may apply to the council to be registered, and upon
(a) passing such examinations as the council may prescribe;
(b) paying an amount determined by the council, which shall not exceed the total of the annual fees for the period since his name was removed from the register; and
(c) otherwise complying with this Act; his name may be re-registered.
39 The resignation or withdrawal as aforesaid of any registered surveyor does not operate to release the surveyor or his sureties, or either of them, from any obligation incurred or resulting in consequence of any professional negligence or misconduct of the surveyor during the time he was so registered.
SUSPENSIONS AND DISCIPLINE
40 Where a member has been convicted of an indictable offence carrying a maximum penalty in excess of two years imprisonment, the council may, after holding a hearing to which sections 42, 43, and 44 apply with such modifications as the circumstances require, suspend or expel the member from the association and cause his name to be removed from the register.
41(1) Although no complaint has been made against a member of the association, the council may
(a) inquire into any suspected unprofessional conduct of the member or suspected breach of a by-law of the association by the member; and
(b) summon the member to appear before the council for examination as to any such matter specified in the summons.
41(2) Where a summons has been issued under subsection (1), the council may deal with the matter specified in the summons as though it had been raised by a complaint against the member summoned; and the provisions of this Act referring or applying to a complaint against a member refer and apply with such modifications as the circumstances require to the matter specified in the summons.
41(3) Where a member of council was an initiator of any proceeding under this section, he is disqualified from sitting and adjudicating in the proceeding or any hearing or meeting with respect thereto.
42(1) The council may hear and determine any complaint made against a member respecting a violation of any provision of this Act or of the by-laws or of the rules of professional ethics of the association, or charging gross negligence or corruption in the execution of the duties of his office, or professional misconduct, or conduct likely to bring the profession of land surveying into disrepute.
42(2) Upon receipt of a complaint the council shall fix a time and place for hearing the complaint, and at the time and place so fixed, the council shall meet and hear the evidence adduced and if the council is satisfied as to the truth of the complaint, it may, in its discretion, reprimand, fine, or suspend or fine and suspend, the accused person or expel him from the association.
42(3) A member suspended or expelled may be reinstated and have his name entered in the register and all his rights and privileges under this Act restored in such manner and upon such terms and conditions as may be prescribed by the council.
42(4) Notwithstanding anything contained herein, the council may appoint a discipline committee of members of the association, not less than three in number, of whom three shall constitute a quorum, for the purpose of ascertaining the facts of any matter of complaint, and may alter the number, constitution and tenure of office of such committee.
42(5) The discipline committee shall meet from time to time for the dispatch of business and, subject to any rules made by the council, may regulate the convening, notice, place, management and adjournment of such meetings, the appointment of a chairman, the mode of deciding questions, and generally the transaction and management of business and if there is a quorum the committee may act notwithstanding any vacancy in the committee, and in case of a vacancy may appoint a member of the association to fill the vacancy until the next meeting of the council.
42(6) The discipline committee, of its own motion or upon the application of any person, may, and upon the request of the council shall, inquire into and determine any matter of complaint against any member where it is alleged, or the committee has reasonable ground for believing, that the member has been guilty of any of the matters mentioned in subsection (1).
42(7) Before the holding of an inquiry by the discipline committee or the council under this Act, a notice shall be served upon the person whose conduct is the subject of inquiry, and where there is a complainant, upon the complainant, and the notice shall embody, or be accompanied by, a copy of the charges made or a statement of the subject matter of the inquiry, and shall also specify the time and place of the inquiry, and shall be signed by the chairman of the discipline committee or by the secretary-treasurer.
42(8) A notice under subsection (7) shall be served by sending it by registered mail in an envelope addressed to the person to be served at his address as shown in the annual register, or in the complaint, at least 15 days before the date of the inquiry by the discipline committee or the council, and proof that the notice or document was so sent shall be proof of service.
42(9) If a complainant or the person whose conduct is the subject of inquiry fail to attend, the discipline committee or council may, upon service of the notice mentioned in subsection (7), being proved by affidavit or statutory declaration or viva voce evidence under oath, proceed with the inquiry and, without further notice to that complainant or person, make a report of its findings or take any other action authorized by this Act.
42(10) The testimony of witnesses shall be taken under oath, which the chairman or acting chairman of the discipline committee or of the council is hereby authorized to administer, and there shall be full right to cross-examine and re-examine all witnesses called and to adduce evidence in defence and reply, and any party to the inquiry shall have the right to be represented by counsel.
42(11) The discipline committee or the council shall keep a record of all evidence adduced at the inquiry.
42(12) The discipline committee shall report in writing to the council its findings and such recommendations as it may deem advisable, and the council may act upon the report of the committee and may make such order thereon as the council may deem just.
42(13) The council shall, forthwith after making a decision under this section, serve written notice of the decision on the person in respect of whom the decision was made.
42(14) No personal action for damages lies against the council or the discipline committee, or any member thereof, for any proceedings taken in good faith or orders made or enforced under the disciplinary provisions of this Act.
42(15) The council, or the discipline committee with the concurrence of the council, may make rules not inconsistent with this Act regulating the making of complaints and the hearing and determination of matters of complaint under the disciplinary provisions of this Act.
43 The person against whom a complaint is made, the person preferring the complaint or the council may obtain from the registrar of the Court of Queen's Bench a subpoena ad testificandum or a subpoena duces tecum requiring the attendance of any witness or witnesses before the council or the discipline committee at the hearing of the complaint.
44(1) A member reprimanded, fined, or suspended or fined and suspended or expelled may, within 30 days after the date of service upon him of notice of the decision of the council, appeal to a judge of the Court of Queen's Bench from the decision, and the judge, upon hearing the appeal, may affirm, vary or rescind the decision of the council or order the council to re-hear the matter of complaint and for that purpose to receive and consider such evidence as he may specify; and any order of the judge is a judgment of the court and binding upon the association.
44(2) Notice of an appeal shall be served on the president or vice-president or secretary-treasurer of the association.
44(3) The secretary-treasurer shall, upon the request of any person desiring to appeal, furnish him with a certified copy of all proceedings, reports, orders and papers before the discipline committee and the council in the matter in respect of which the appeal is taken.
44(4) Any party to the appeal may, with the leave of a judge of the Court of Appeal given upon an application made within 30 days after the date of the decision of the judge of the Court of Queen's Bench appeal that decision to the Court of Appeal.
44(5) In an appeal under this section, a judge of the Court of Queen's Bench or the Court of Appeal, as the case may be, may make such order as to costs as may be deemed just.
44(6) A member who has been suspended or expelled shall not, while an appeal under this section is pending, practise as a land surveyor.
45 Sections 42, 43 and 44 apply with such modifications as the circumstances require to complaints made against articled students or candidates for admission to practise as land surveyors.
46(1) A member who
(a) uses or suffers his name to be used by a person who is not a member of the association in such a way that it may be inferred that a person who is not entitled to practice as a land surveyor, is entitled to so practice; or
(b) does any act or thing, or affords any means or facilities, to enable any unqualified person to practise as a land surveyor; or
(c) does any act or thing calculated to lead the public or any person to believe that an unqualified person is a land surveyor or authorized to practise as such; or
(d) certifies any plan of survey not made under his own personal supervision; or
(e) falsely certifies as to the service of a student under articles when such service has not been bona fide performed in the manner required by this Act; or
(f) knowingly acts as the professional agent of a person who is not duly qualified to practise as a land surveyor;
is guilty of misconduct in the execution of the duties of his office and is liable to proceedings under section 42 in addition to any other liability that he may incur by reason of such misconduct.
46(2) Subsection (1) does not prevent a member from permitting a student serving under articles to perform for and in his name, and under his supervision, any work that the student is capable of performing; but the member is liable for any damage caused by the student or resulting from lack of knowledge or skill on his part.
47 The council may order to be paid out of funds at its disposal such costs as to it seems just to any person against whom a complaint has been made that, when finally determined, is found to be frivolous or vexatious.
48(1) The secretary-treasurer shall in each year, under the direction of the council, keep for inspection, at his office, free of charge, a correct register of names, in alphabetical order according to the surnames, with the respective residences or post office addresses, in Form J in the Schedule, of all persons appearing on the general register on the third Wednesday in January in every year, who are not in arrears for any fees.
48(2) The register shall be called "Surveyors' Annual Register", and it shall be corrected from time to time as becomes necessary.
48(3) A copy of the register for the time being, certified by the secretary-treasurer under the seal of the association, is admissible in evidence in all courts and land titles offices, and before all municipal councils and others, that the persons specified therein are registered and duly authorized land surveyors.
48(4) The secretary-treasurer shall give or send free of charge, on the application of any person, accompanied by postage thereon, a copy of the register, certified as aforesaid; and, on or before March 1 in each year, he shall send prepaid to each land titles office, and municipal clerk whose address is known, a copy of the register corrected to date and certified as aforesaid.
48(5) In the case of any person whose name does not appear in such a copy, a certified copy under the hand of the secretary, of the entry of the name of the person in the register, is evidence that that person is a registered and duly authorized surveyor under this Act.
49 Every Manitoba land surveyor shall pay to the secretary-treasurer, or any person deputed by him to receive it, such annual fee, as may be determined by the association at the previous annual meeting; and the fee is payable on or before the Tuesday after the first Monday in January in each year.
50 A member of the association who omits or neglects to pay his annual fees to the association is not entitled to any of the rights and privileges conferred under this Act as long as the omission or neglect continues and his name shall be removed from the register; and he is liable to the penalties provided in this Act for practising as a Manitoba land surveyor without being qualified to do so.
51 The association may pass by-laws prescribing fees for any service, matter or thing provided or done by the association for which no other fee is prescribed under this Act.
52 All fees payable under this Act may be recovered as ordinary debts due the association.
53 The association may by by-law provide that any registered surveyor who has been a member in good standing of the association for an aggregate total of 35 years or more, is exempt from further payment of the annual fee for membership.
PROHIBITIONS — PENALTIES
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.
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 professional engineering and the practice of professional geoscience under the authority of The Engineering and Geoscientific Professions Act.
54(3) Subsection (1) does not apply to the survey of Canada Lands as defined in Part II of the Canada Lands Surveys Act.
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.
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.
54(6) No person so admitted and registered, and who is in default to the association for any fee imposed or authorized to be imposed by this Act, shall practise or profess to practise as a land surveyor for hire, gain, hope of reward, or self interest, under a penalty of $100. dollars for each and every offence, and in default of payment the offender shall be imprisoned for a term not exceeding three months; nor shall any such person recover in any court for any services performed by him.
54(7) The certificate of the secretary-treasurer, under the seal of the association, is conclusive evidence of such non-registration or non-membership or non-payment of fees, as the case may be.
S.M. 1989-90, c. 29, s. 3 and 4; S.M. 1998, c. 55, s. 71.
55(1) No person, unless registered as in this Act provided, is entitled to take or use the name of Manitoba land surveyor, either alone or in combination with any other word or words, or the letters M.L.S., or any name, title or description implying that he is registered under this Act or that he is authorized to act as a surveyor of lands under this Act.
55(2) Any person who, not being registered under this Act, takes or uses any name, letters, titles or description as aforesaid is guilty of an offence and is liable, on summary conviction, to a fine of $50. for the first offence, and of $100. for each subsequent offence.
56 No plan of survey of land in this province shall be accepted by any registrar or district registrar unless it is signed by a duly authorized Manitoba land surveyor; but this section does not apply to plans or surveys of lands belonging to Her Majesty in right of Canada.
57(1) Any person who in the province interrupts, molests, or hinders, a Manitoba land surveyor, or the duly authorized assistant of a Manitoba land surveyor while in the discharge of his duties with respect to a survey, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50. or to imprisonment for a term not exceeding two months or to both.
57(2) Subsection (1) does not prejudice any civil remedy that the land surveyor or other person may have against the offender for damages occasioned by the offence.
58(1) Every person who knowingly or wilfully defaces, alters, or removes, any mound or landmark, post or monument, placed by, or under the supervision and on the instructions of, a Manitoba land surveyor or a Dominion land surveyor under the Canada Lands Surveys Act (Canada), to any limit, boundary, or angle, of any township or section, or any legal subdivision, lot, parcel of land, in Manitoba is guilty of an offence and liable, on summary conviction, to a fine of not more than $100. or to imprisonment for a term of not more than three months or to both.
58(2) Subsection (1) does not prejudice any civil remedy that any person may have against the offender for damages occasioned by the offence.
58(3) Nothing in this Act prevents a Manitoba land surveyor or a Dominion land surveyor or the duly authorized assistant of a Manitoba land surveyor or Dominion land surveyor, in his operations, from taking up posts and other boundary marks when necessary, after which he shall carefully replace them as they were before or renew them.
RIGHTS AND POWERS OF SURVEYORS
59(1) Any Manitoba land surveyor or the duly authorized assistant of a Manitoba land surveyor when engaged in the performance of his duties may pass over, measure along, and ascertain the bearings of, any line or limit whatsoever; and for those purposes may pass over the lands of any persons whomsoever, doing no actual damage to the property of the person.
59(2) For the purpose of obtaining any measurement or sight necessary to a proper and satisfactory performance of his duties, a Manitoba land surveyor, or the duly authorized assistant of a Manitoba land surveyor, may enter upon any land or into any building, mine, or structure at a time suitable to the person in rightful possession thereof.
59(3) Where a Manitoba land surveyor, or the duly authorized assistant of a Manitoba land surveyor, is hindered in doing anything that he is authorized to do under subsection (1) or (2), he may apply to a judge of the Court of Queen's Bench for an order restraining such hindrance and the judge may make such order as to him seems just.
60 Where a Manitoba land surveyor is in doubt as to the true corner, boundary or limit of any township, section, lot or tract of land which he is employed to survey, and has reason to believe that any person is possessed of any important information touching that corner, boundary, or limit, or of any writing, plan, or document tending to establish the true position of the corner, boundary, or limit, if the person does not willingly appear before, and submit to examination by the surveyor, or does not willingly produce to him the writing, plan, or document, the surveyor may apply to any justice of the peace for a subpoena accompanying the application by an affidavit or solemn declaration, to be made before the justice, of the facts on which the application is founded; and the justice may issue a subpoena accordingly.
61 The subpoena shall be served upon the person named therein by delivering a copy thereof to him, or by leaving the subpoena for him with some grown person of his family at his residence, exhibiting to him or the grown person the original.
62 Where the person commanded by the subpoena to appear, after being paid his reasonable expenses or having them tendered to him, refuses or neglects to appear before the surveyor at the place and time appointed in the subpoena, or to produce the writing, plan, or document, if any, therein mentioned or referred to, or to give such evidence or information as he may possess touching the boundary or limit in question, a warrant by the justice for the arrest of the person may be issued and he may be punished accordingly by a fine not exceeding $50., or by imprisonment not exceeding one month, or both, in the discretion of the justice.
63 All fees, fines, and penalties receivable and recoverable under this Act belong to, and are the property of, the association.
64(1) All moneys arising from fees or otherwise shall be paid to the secretary-treasurer of the association, to be applied, in accordance with such regulations as may be made by the council, for defraying the expenses of registration and other expenses of the execution of this Act.
64(2) The council may invest any moneys of the association not required for the immediate purposes of the association in securities in which a trustee is authorized to invest trust moneys in accordance with The Trustee Act, and any income derived from the moneys so invested shall be added to and considered as part of the income of the association.
64(3) The association may also use surplus funds or invested capital for the rental or purchase of land and premises, for the building of premises to serve as offices, examination halls, lecture rooms, library, or for any other public purpose connected with land surveying.
65(1) Subject to the other provisions of this Act, all notices and documents required by, or for the purposes of, this Act to be sent, may be sent by post, by letter, and shall be deemed to have been received at the time when the letter containing them would be delivered in the ordinary course of mail; and, in proving the sending, it is sufficient to prove that the letter containing the notice or document was prepaid and properly addressed and mailed.
65(2) The notices and documents may be in writing or in print, or partly in writing and partly in print; and, when sent to a municipal council or another authority, shall be deemed to be properly addressed if addressed to the council or authority, or to some officer of the council or authority, at the principal place of business of the council or authority, and, when sent to a person registered under this Act, shall be deemed to be properly addressed if addressed to him according to his address registered in the register of the association.
66 In all prosecutions and legal proceedings under this Act the certificate of the secretary-treasurer, under the seal of the association, is admissible in evidence as prima facie proof of the facts therein certified to, or of any act, proceeding, by-law, or regulation, of the association.
67 Any person may be prosecutor or complainant under this Act.
68 Any oath, affidavit, or declaration required or authorized under this Act to be sworn, affirmed, taken, or declared shall be so sworn, affirmed, taken, or declared before a person authorized under The Manitoba Evidence Act to take, administer, or receive oaths, affirmations, affidavits, or statutory declarations.