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S.M. 2013, c. 43
Bill 29, 3rd Session, 40th Legislature
The Land Surveyors and Related Amendments 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(1) | C.C.S.M. c. R30 amended |
| (2) | |
| 128(1) | Plans to be certified by a Manitoba land surveyor |
| 83(1) | C.C.S.M. c. R50 amended |
| (2) | |
| 52(1) | Plans to be certified by a Manitoba land surveyor |
| (3) | |
| 84 | Consequential amendment, S.M. 2011, c. 30 (unproclaimed) |
| 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 |