This section has been included to assist anyone seeking general knowledge about the rules governing the Association of Newfoundland Land Surveyors. More information is available in the Association By-Laws, Association Act, and Association Policy Statements.

Table of Contents

1. General Use of Stamp or Seal
2. Discipline
2.1 Written Decision
3. Reinstatement of Disciplined Individual
4. Fines
5. Discipline Hearing
6. Disciplinary Cost
7. Surcharge on Late Fees and Dues
8. New Entrants Admission to the Association of Newfoundland Land Surveyors
9. Responsibility of a Newfoundland Land Surveyor sponsoring an Articled Pupil

1. General Use of Stamp or Seal

1(1) A stamp or seal issued to a professional member shall at all times remain the property of the Association.

1(2) A stamp or seal shall not be physically located in a manner that would allow its use by other than the professional member to whom it was issued.

1(3) A stamp or seal shall be accompanied by the signature of the professional member to whom it was issued and the date on which it was applied.

1(4) A stamp or seal may be applied to the cover page or final page of reports and specifications in a manner which clearly indicates acceptance of professional responsibility for the reports and specifications without being applied to each page.

1(5) A stamp or seal shall bear the impression of the name of land surveyor to whom it is issued and the words "Newfoundland Land Surveyor, province of Newfoundland", and shall be applied in a manner that will distinguish the respective document as an original.

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2. Discipline

2(1) A discipline committee shall be formed, to which Council shall appoint not less than five professional members of the Association, one of whom shall be designated as the chairperson and such additional laypersons as Council shall from time to time direct.

2(2) Except for the first year of operation of the Land Surveyors act, 1991 the term of appointments shall be as follows:

(a) The term of appointment shall be for two years;

(b) The chairperson shall hold the chair for a period of one year;

(c) Members may be reappointed for additional terms;

(d) To ensure continuity the appointment of committee members shall be staggered, so that on alternate years two or three committee positions will be filled.

2(3) Immediately following the 1993 Annual General Meeting, Council will request two committee members to resign and these positions will be filled by new appointments.

2(4) The membership of the committee shall at all times be such that the majority of members are members of the Association.

2(5) Any discipline process shall be in accordance with the Land Surveyors act, 1991 and these regulations.

2(6) Report of a preliminary investigation shall be in writing and if directed by the committee the full report and actions taken shall be published in an Association publication after an allowable period of sixty days has elapsed for any appeals that may be commenced.

2(7) With reference to section 46(3) of the Land Surveyors act, 1991 where a complainant is served with notice of termination of a preliminary investigation the complainant may appeal the decision to Council by submitting a written request to appeal to Council within thirty (30) days of the receipt of notification mentioned above.

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2.1 Written Decision

2(8) Further to the requirements of section 47(3) of the Land Surveyors act, 1991 the written decision of a disciplinary proceeding shall include a record of the hearing, consisting of all the evidence presented before it, including:

(a) All exhibits;

(b) All documents and records;

(c) A transcript of all testimony given, mechanically or in handwritten form.

2(9) The Council shall, immediately on receiving a report from the discipline committee, serve:

(a) A copy of the decision on the investigated person, and,

(b) A notice of the nature of the decision on the complainant, if any.

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3. Reinstatement of Disciplined Individual

3(1) A member whose registration has been cancelled as a result of a disciplinary proceeding may apply to Council to be reinstated.

3(2) An application under subsection (1) shall not be made until at least one year after the date on which the registration was cancelled or from the date on which the court makes an order confirming or varying the decision of Council or from the date the Council ruled on a previous application.

3(3) The Council may establish a committee of inquiry to consider the application for reinstatement and make recommendations to the Council.

3(4) In the case of a member whose registration was cancelled, the Council may require the former member to demonstrate, by means prescribed by Council, the competency to re-engage in the practice of land surveying.

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4. Fines

4.0 An offender convicted as a result of discipline proceedings is liable to:

(a) For the first offense to a fine of not more than $1000.00;

(b) For a subsequent offense to a fine of not more than $5000.00.

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5. Discipline Hearing

5.0 At a disciplinary hearing held by the discipline committee:

(a) A record shall be made of everything said at the hearing.

(b) One member of the Association (not a member of Council) may be delegated to act as the as the prosecutor at the hearing.

(c) At the beginning of the hearing, the presiding chairperson shall inquire from the impugned member if he has any objections as to any of the disciplinary committee taking part in the hearing, as to the procedure adopted in receiving and investigating the sworn complaint and in constituting the hearing and whether or not the impugned member agrees that the matter is properly before the discipline committee for hearing and finding.

(d) The impugned member shall be given every reasonable opportunity to make full answer to the sworn complaint against him.

(e) Generally the procedure to be followed at a hearing will be similar to that of any quasi-hearing.

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6. Disciplinary Cost

6.0 (a) Council may collect total cost or a reasonable portion of cost of disciplinary hearings and mediation process according to financial statements prepared for the same.

(b) A separate financial statement shall be prepared by the discipline committee for each complaint it investigates or conducts a disciplinary hearing into.

(c) A separate financial statement shall be prepared by a mediator for each complaint acted upon and shall be:

(1) Negotiated as part of a settlement if the mediation is successful, or;

(2) Submitted to the Secretary-Treasurer to be passed on to the discipline committee for addition to their financial statement of hearing cost.

(d) The time period for payment of such expenses documented in (b) and (c) above and fines levied by Council shall be set by Council on a case by case basis.

(e) Council may, after receiving a written request from an investigated person, cause the period of payment for expenses to change to accommodate the financial situation of the said investigated person.

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7. Surcharge on Late Fees and Dues

In accordance with Sections 7, 9 and 11 of the Land Surveyors Act (1991), Council of Management has decided to place a surcharge on fees and dues which are not submitted on time (by March 31 of each calendar year). This surcharge will be $100.00, plus any applicable taxes.

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8. New Entrants Admission to the Association of Newfoundland Land Surveyors

8(1) Applicants for admission to the Association must:

(a) Meet the requirements set out by the Canadian Board of Examiners for Professional Surveyors (CBEPS).

(b) Obtain a certificate of completion from CBEPS.

(c) Pay all applicable fees as outlines in Section 11 of the By-Laws

(d) Complete an Application for Articles.

(e) Provide written confirmation from the sponsoring Newfoundland Land Surveyor stating his/her willingness to supervise.

(f) Serve a period of articleship as set out by the Board but not less that one year.

(g) Complete a professional survey project prior to sitting for the exams. The board will review the proposed project and either accept or reject the project with recommendations. The final project returns shall be submitted to the Board not less than thirty days prior to the oral exam.

(h) Upon completion of the Articles, write examinations and sit for one oral examination. These exams will cover, but not be limited to, the following components
1.Professional Practice
2.Statute law
3.Practical Applications
The pass mark is set at 70%. After the third attempt to pass any component, the candidate will be required to do additional training as determined by the Board.

8(2) All requirements must be met within five years of the commencement of the articles.

8(3) Exams are set at the Board’s discretion or at a minimum of once a year, if there are articled students eligible. Exams will take place at a time and place designated by the Board.

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9. Responsibility of a Newfoundland Land Surveyor sponsoring an Articled Pupil

9(1) The Newfoundland Land Surveyor must:

9(2) Be capable of providing adequate practical experience as stated in the section “Guidelines for the Articling Period” in the Student Manual.

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