1992 Legislative Session: 1st Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 19th day of May, 1992
Ian D. Izard, Law Clerk.
MINISTER OF ENVIRONMENT,
LANDS AND PARKS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Land Surveyors Act, R.S.B.C. 1979, c. 217, is amended by adding the following definitions:
"land surveying company" means a company for which a permit has been issued;
"permit" means a permit issued under section 49.2 and includes a renewal of that permit; .
2 The following sections are added:
49.1 Subject to this Act and the bylaws, a land surveying company may carry on the business of providing land surveying services to the public through one or more persons each of whom is
(a) a member of the corporation in good standing, or
(b) an employee of the land surveying company under the direct supervision of a member of the corporation in good standing.
49.2 (1) The board must issue a land surveying company permit to a company that is incorporated under the Company Act and is in good standing under that Act if the board is satisfied that
(a) the name of the company includes the words "land surveying",
(b) all of the voting shares are legally and beneficially owned by a member or members in good standing,
(c) all of the non-voting shares are legally and beneficially owned by
(ii) the spouse of a member who is a shareholder,
(iii) a person who, although not married to a member who is a shareholder, lives with the member and has lived with that member as husband or wife for a period of not less than 2 years,
(iv) a child, as defined in the Family Relations Act, of a member who is a shareholder, or
(v) any other relative of a member who is a shareholder where the relative resides with that member,
(d) all of the directors of the company are members in good standing, and
(e) all of the persons who will be practising as land surveyors on behalf of the company are members in good standing or are under the direct supervision of a member in good standing.
(2) The board may refuse to issue a permit under subsection (1) where
(a) the land surveying company has previously had its permit revoked, or
(b) a shareholder of the land surveying company was a shareholder of a land surveying company that previously had its permit revoked.
49.3 (1) A company that has the words "land surveying" as part of its name must not carry on any business unless it holds a permit.
(2) A land surveying company that holds a permit must not carry on any activities that would, for the purposes of the Income Tax Act (Canada), give rise to income from business, except the provision of land surveying services or services that are directly associated with the provision of land surveying services.
(3) No act of a land surveying company, including a transfer of property to or by the company, is invalid by reason only that the company contravenes subsection (1) or (2).
49.4 A shareholder of a land surveying company must not enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a member of the corporation in good standing the authority to exercise the voting rights attached to any or all of the shares.
49.5 (1) The liability for professional negligence of a member carrying on the practice of land surveying is not affected by the fact that the member is carrying on that practice as an employee of a land surveying company.
(2) The relationship of a member to a land surveying company, whether as a shareholder, director, officer or employee of the company, does not affect, modify or diminish the application to the member of the provisions of this Act and the bylaws.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between a land surveyor and a person receiving the professional services of that land surveyor.
(4) The relationship between a land surveying company carrying on business as permitted under this Act and a person receiving land surveying services provided by the company is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and the member's client.
49.6 (1) The board may, after a hearing, revoke the permit issued to a land surveying company where
(a) in the course of providing land surveying services the company does anything that, if done by a member, would be conduct unbecoming a member,
(b) the company contravenes section 49.3, or
(c) the company ceases to comply with a condition of qualification for a permit referred to in section 49.2 or a condition under section 49.7 (1) (c) or (2).
(2) The board may, rather than revoking a permit under subsection (1),
(a) reprimand one or more of the shareholders of the land surveying company, or
(b) impose a fine on the land surveying company in an amount not exceeding $10 000.
(3) Where a permit is revoked under this section, the board must inform the Registrar of Companies and the Registrar of Companies must amend the name of the company whose permit has been revoked
(a) by deleting the words "land surveying" from it, and
(b) by making any other amendments to it that the Registrar of Companies considers necessary or advisable.
(4) All shareholders, directors, officers and employees of a land surveying company may be
(a) compelled to give evidence at a proceeding under this Act other than as a member against whom a proceeding is brought under section 51, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding referred to in paragraph (a).
49.7 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 49.1 to 49.6 including rules
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) fixing fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before the board,
(c) fixing conditions that may be attached to permits that are issued or renewed under this Act,
(d) respecting names and the approval of names including the types of names by which a land surveying company may be known, and
(e) respecting the disposition of shares of a shareholder of a land surveying company who
(i) ceases to be a member, or
(ii) remains a member but is not qualified to practise as a land surveyor.
(2) The board may, as a condition of issuing or renewing a permit, fix an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims.
(3) The rules under subsection (1) or the amount fixed under subsection (2) may be different for different permit holders, at the discretion of the board.
49.8 The bylaws made under section 4 apply to land surveying companies, and the corporation and the board may exercise the powers given by this Act and the bylaws to enforce the bylaws made under section 4.
49.9 Sections 56 to 60 apply to a land surveying company as though it was a member.
3 Section 50 is amended by adding the following subsection:
(4) This section does not apply to a land surveying company.
4 This Act comes into force by regulation of the Lieutenant Governor in Council.
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