Examination and Training Regulation

(Consolidated up to 218/2022) ALBERTA REGULATION 86/2003 Land Surveyors Act EXAMINATION AND TRAINING REGULATION Table of Contents 1 Definitions Part 1 Articles 2 Prerequisites for articles 3 Approval of articles 4 Length of articled service 5 Number of pupils 6 Filing of articles 7 Transfer of articles 8 Filing of transfer of articles 9 Affidavit of service 10 Leave from articles 11 Courses and seminars 12 Breach of articles 13 Termination of articles by mutual consent 14 Automatic termination of articles 15 Transfer of articles required 16 Times when training and examinations must be completed 17 Prior service 18 Termination of articles Part 2 Qualifications for Registration as an Alberta Land Surveyor 19 Alberta applicants 20 Canadian land surveyors 21 Retired members 22 Procedure for examinations 23 Authority of Registration Committee 24 Applicants for registration 25 Application referred to Registration Committee 26 Transitional 27 Repeal Schedule Definitions 1 In this Regulation, (a) “Act” means the Land Surveyors Act ; (b) “affidavit of service” means an affidavit of service prescribed in the General Bylaws; (c) “articles” means articles of service entered into between an individual seeking to become an Alberta land surveyor and an Alberta land surveyor permitted to accept pupils, and, for the purposes of section 3, includes a transfer of articles; (c.1) “domestic trade agreement” means a domestic trade agreement as defined in section 2 of Schedule 6 to the Government Organization Act ; (d) “Examination Board” means the Canadian Board of Examiners for Professional Surveyors or other Board as may from time to time be designated by the Council; (e) “General Bylaws” means the General Bylaws of the Association; (f) “principal” means an Alberta land surveyor to whom a pupil is articled; (g) “professional practice examinations” means the oral and written examinations prescribed by the Registration Committee on legislation, survey law, practical surveying and any other matters considered necessary; (h) “pupil” means an individual who has entered into articles with a principal; (i) “transfer of articles” means a transfer of articles described in section 7. AR 86/2003 s1;122/2019 Part 1 Articles Prerequisites for articles 2 An individual may enter into articles with an Alberta land surveyor if (a) the individual (i) holds a Certificate of Completion issued by the Examination Board, and (ii) pays to the Association the required fees prescribed in the General Bylaws, (b) the Alberta land surveyor has been engaged in the active practice of surveying as an Alberta land surveyor for at least the 2 years immediately preceding the date the articles are proposed to be entered into, (c) the articles are in the form prescribed in the General Bylaws, and (d) the articles have been approved by the Registration Committee or, on review, by the Council. AR 86/2003 s2;122/2019 Approval of articles 3 (1) The Registration Committee may not approve articles unless it is satisfied that (a) the Alberta land surveyor will provide the individual with sufficient practical training and experience or, if the Alberta land surveyor is not able to personally provide it, is able to satisfactorily arrange that training and experience, (b) the individual will be under the direct personal supervision of (i) the Alberta land surveyor or, (ii) if during any part of the articling period the Alberta land surveyor will not be able to personally supervise the individual, another person satisfactory to the Registration Committee, (c) the relationship between the Alberta land surveyor and the individual is such that the Alberta land surveyor will not, through employment arrangements or otherwise, be subservient to the individual, and (d) the Alberta land surveyor will be personally responsible for the training given and experience received by the individual. (2) An individual and the Alberta land surveyor with whom the individual wishes to enter into articles must have such interviews with the Registration Committee as the Committee requires before it approves the articles. (3) If the Registration Committee refuses to approve the articles, it must send written reasons to the Alberta land surveyor and the individual. (4) An individual whose articles are refused by the Registration Committee may, within 30 days of receiving a notice of refusal and the reasons for it, request the Council to review the articles by serving on the Registrar a written request for review by the Council setting out the reasons why, in the individual’s opinion, the articles should be approved. (5) The Council must, after receipt of a request for review under this section, review the articles. (6) An individual who requests a review (a) must be notified in writing by the Association of the date, place and time that the Council will review the articles, and (b) is entitled to appear and make representations to the Council when it reviews the articles. (7) A member of the Registration Committee who is also a member of the Council may participate at a review by the Council under this section but may not vote in a decision of the Council. (8) On considering a review under this section, the Council may make any decision the Registration Committee may make under this section. AR 86/2003 s3;122/2019 Length of articled service 4 (1) A pupil must complete at least 2 years of articled service. (2) Except as otherwise permitted by the Registration Committee, the 2 years of articled service referred to in subsection (1) must consist of (a) at least 18 months of field practice, and (b) at least 6 months of office practice. (3) If a pupil has completed the term of articled service, but has not passed the professional practice examinations, the pupil must, unless the Registration Committee otherwise permits, continue to serve under the articles until the pupil has passed the examinations. Number of pupils 5 Unless the Registration Committee otherwise permits, a principal may not accept more than one pupil in any one calendar year. Filing of articles 6 (1) A pupil must, within 2 months after the articles are entered into, file one copy of the articles with the Registration Committee together with the fees referred to in section 2(a)(ii). (2) Subject to subsection (3), the term of articled service begins on the date that the articles are entered into. (3) If a pupil fails to comply with subsection (1), the term of articled service begins on the date on which the articles and the required fees are received by the Association . AR 86/2003 s6;122/2019 Transfer of articles 7 Articles may be transferred from the service of a pupil’s principal to another Alberta land surveyor if (a) the pupil (i) files with the Registration Committee a transfer of articles and an affidavit of service for the period of articles served to date, and (ii) pays to the Association the required fees prescribed in the General Bylaws, (b) the Alberta land surveyor has been engaged in the active practice of surveying as an Alberta land surveyor for at least the 2 years immediately preceding the date the transfer of articles is proposed to be entered into, (c) the transfer of articles is in the form prescribed in the General Bylaws, and (d) the transfer of articles has been approved by the Registration Committee. AR 86/2003 s7;122/2019 Filing of transfer of articles 8 (1) A pupil must, within 2 months after the transfer of articles is entered into, file one copy of the transfer of articles with the Registration Committee together with the fees referred to in section 7(a)(ii). (2) Subject to subsection (3), the term of articled service begins on the date that the transfer of articles is entered into. (3) If a pupil fails to comply with subsection (1), the term of articled service begins on the date on which the transfer of articles and the required fees are received by the Registration Committee . AR 86/2003 s8;122/2019 Affidavit of service 9 (1) On or before January 15 of each year, a pupil must provide to the Association an affidavit of service that (a) is signed by the principal, and (b) describes the surveying operations in which the pupil was engaged during the preceding calendar year. (2) Repealed AR 122/2019 s8. AR 86/2003 s9;122/2019 Leave from articles 10 (1) A pupil may, with the approval of the pupil’s principal and the Registration Committee, take a leave from the pupil’s articles (a) for the purposes of attending a course of study at a university, college or technical school, or (b) for the purposes of a maternity or parental leave under the Employment Standards Code. (2) A pupil must provide the Registration Committee with a letter signed by both the pupil and the pupil’s principal setting out the details of the leave. (3) The period of time that the pupil is on leave may not be considered field practice or office practice for the purposes of section 4(2). AR 86/2003 s10;122/2019 Courses and seminars 11 A pupil must, during the pupil’s articled service, take such courses of study or seminars as are prescribed by the Registration Committee. Breach of articles 12 (1) If a pupil (a) leaves the service of the pupil’s principal without consent, (b) breaches any of the pupil’s obligations under the pupil’s articles, or (c) is involved in conduct that may put in question the pupil’s good character, the principal or the Association may report the matter to the Registration Committee. (2) If a pupil’s employment with the principal is terminated by the principal, the pupil or the Association may report the matter to the Registration Committee. (3) On receipt of a report under subsection (1), and after giving notice to the pupil and the principal, the Registration Committee must hold a hearing into the matter and may (a) order the articles terminated, (b) suspend the articles, (c) permit or order the articles to continue with or without conditions, (d) make an order as to the future conduct of the pupil or the principal, or both, or (e) order that the pupil enter into a transfer of articles with another Alberta land surveyor. (4) On receipt of a report under subsection (2), the Registration Committee may meet with the pupil, or the pupil and the principal, and may (a) order that the articles be continued, or (b) provide advice, suggestions or direction as to the future conduct of the pupil or the principal, or both. AR 86/2003 s12;122/2019 Termination of articles by mutual consent 13 (1) A pupil and the pupil’s principal may terminate articles by mutual consent. (2) If articles are terminated by mutual consent under subsection (1), the principal must provide to the Association a letter signed by both the principal and the pupil notifying the Association of the termination. AR 86/2003 s13;122/2019 Automatic termination of articles 14 (1) If a pupil fails (a) to pay annual fees to the Association within the time prescribed in the General Bylaws, (b) to provide the Association with an affidavit of service in accordance with section 9, or (c) to pass any of the professional practice examinations after 3 attempts, the articles are terminated and the Association must notify the pupil and the principal accordingly. (2) If a pupil’s articles are terminated under subsection (1), the pupil may apply to the Registration Committee for approval of new articles after paying any required fees prescribed in the General Bylaws. (3) If a principal dies or the principal’s registration as an Alberta land surveyor is suspended or cancelled, the articles are terminated. (4) A pupil whose articles are terminated under subsection (3) may apply to the Registration Committee for approval of new articles for the balance of the pupil’s term of articled service. AR 86/2003 s14;122/2019 Transfer of articles required 15 ( 1) Unless otherwise permitted by the Registration Committee, if a principal ceases to engage in the practice of land surveying in Alberta, the principal must transfer the articles of a pupil to another Alberta land surveyor permitted to accept pupils in accordance with section 7. (2) If a principal fails, refuses or is not able to transfer the articles of a pupil under subsection (1), the pupil may apply to the Registration Committee for termination of the articles and approval of new articles for the balance of the pupil’s term of articled service. AR 86/2003 s15;122/2019 Times when training and examinations must be completed 16 (1) Subject to subsection (2), a pupil who commences articles must complete the pupil’s required practical training, experience and professional practice examinations within 5 years of the commencement of the articles. (2) The 5‑year period referred to in subsection (1) may be extended (a) by the same period of time as a leave that the pupil takes under section 10, or (b) by any other period approved by both the pupil’s principal and the Registration Committee. AR 86/2003 s16;122/2019 Prior service 17 (1) Unless the Registration Committee otherwise permits, if a pupil’s articles are terminated and the Registration Committee approves an application for new articles, the pupil must subsequently (a) pass all of the professional practice examinations, and (b) complete all of the field practice and office practice requirements under section 4(2), even if the pupil had completed any or all of these examinations or practice requirements during prior articles. (2) If the Registration Committee permits credit for prior service under subsection (1), the Registration Committee may impose any conditions that it considers appropriate with respect to future field practice and office practice. (3) Subsections (1) and (2) do not apply in respect of articles terminated under section 14(3) or 15(2). AR 86/2003 s17;122/2019 Termination of articles 18 If a pupil fails to complete the pupil’s required practical training, experience and professional practice examinations within the 5‑year period under section 16(1) or any longer period extended under section 16(2), the Registration Committee must terminate the articles of the pupil by notice in writing to the pupil and the principal. AR 86/2003 s18;122/2019 Part 2 Qualifications for Registration as an Alberta Land Surveyor Alberta applicants 19 An applicant is entitled to be registered as an Alberta land surveyor if the applicant meets the requirements of section 24 and (a) the applicant (i) completes the term of articled service in accordance with Part 1, and (ii) passes the professional practice examinations to the satisfaction of the Registration Committee, or (b) the applicant has a combination of education, practice requirements, examinations and other qualifications that demonstrate the competence required for registration to the satisfaction of the Registration Committee. Canadian land surveyors 20 An applicant is entitled to be registered as an Alberta land surveyor if the applicant (a) meets the requirements of section 24, (b) is an individual who is licensed under the Canada Lands Surveyors Act (Canada) or is registered as a land surveyor in good standing with a professional regulatory organization governing land surveying in a province or territory of Canada that is a signatory to a domestic trade agreement in force in Alberta at the time the application is made, and (c) passes an examination designed to test the level of knowledge of specific surveying topics unique to Alberta. AR 86/2003 s20;122/2019 Retired members 21 A retired member of the Association is entitled to be registered as an Alberta land surveyor if the member meets the requirements of section 24 and the requirements of section 19(b). Procedure for examinations 22 An individual who wishes to take a professional practice examination under this Part must (a) apply to the Association at least 2 weeks before the date set for the examination by the Registration Committee, (b) satisfy the Association that the other requirements of this Regulation have been met, and (c) pay to the Association the required fees prescribed in the General Bylaws. AR 86/2019 s22;122/2019 Authority of Registration Committee 23 The Registration Committee must decide any question that arises as to the qualifications of a candidate for examination under this Regulation or as to the candidate’s compliance with any requirement of the Registration Committee with respect to professional practice examinations. Applicants for registration 24 (1) In addition to the other requirements of the Act or this Regulation for registration as an Alberta land surveyor, an applicant must (a) be at least 18 years old, (b) satisfy the Registration Committee that the applicant is of good character, (c) pay to the Association the required fees prescribed in the General Bylaws, (d) provide the Association with a discharge of articles prescribed in the General Bylaws, and (e) repealed AR 122/2019 s19, (f) take and subscribe the oath of office, set out in the Schedule, before (i) the chair of the Registration Committee, a member of the Council or the Registrar if the chair, member or Registrar, as the case may be, is a commissioner for oaths in and for Alberta, (ii) a judge of the Court of King’s Bench, or (iii) a judge of the Court of Appeal. (2) Subsection (1)(d) does not apply to an applicant described in section 19(b) or 20. AR 86/2003 s24;122/2019;218/2022 Application referred to Registration Committee 25 The Registrar must refer an application for registration as an Alberta land surveyor to the Registration Committee for its decision on whether to register the applicant as an Alberta land surveyor in accordance with section 20 of the Act. Transitional 26 (1) In this section, “previous Regulation” means the Examination and Training Regulation (AR 326/82). (2) A person who immediately before the coming into force of this Regulation was a pupil under the previous Regulation continues as a pupil under this Regulation. (3) A person who immediately before the coming into force of this Regulation was registered as an Alberta land surveyor under the previous Regulation continues to be registered as an Alberta land surveyor under this Regulation. Repeal 27 The Examination and Training Regulation (AR 326/82) is repealed. Schedule Oath of Office I, (name) , do swear (or solemnly affirm) that I will diligently, faithfully and to the best of my ability, execute according to law the office of land surveyor; and that I will, as an Alberta land surveyor, conduct all surveys faithfully and to the best of my ability, giving due consideration to the lawful rights of all persons; I will accurately locate and record all evidence of boundary monumentation truly and accurately to the best of my ability, I will measure and record all data truly without prejudice either toward or against any land owner, but in all things conduct myself truly and with integrity; maintaining and upholding the law and the interests of the public. So help me God (omit if affirmed)