Regulations can be made under Section 7 of the Surveyors Act as follows:
7 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
1. defining constituencies and prescribing the number of representatives on the Council of each constituency;
2. respecting and governing the qualifications, nomination, election and term or terms of office of the members to be elected to the Council, and controverted elections;
3. prescribing the conditions disqualifying elected members from sitting on the Council and governing the filling of vacancies on the Council;
4. respecting the composition of the committees required by this Act, other than the Complaints Committee and the Discipline Committee, the mechanism of the appointment of members of the committees and procedures ancillary to those specified in this Act in respect of any committee;
5. respecting matters of practice and procedure before committees required under this Act not inconsistent with this Act and the Statutory Powers Procedure Act;
6. prescribing the quorums of the committees required by this Act, except the Complaints Committee and the Discipline Committee;
7. prescribing classes of persons whose interests are related to those of the Association and the privileges of persons in the classes in relation to the Association;
8. respecting any matter ancillary to the provisions of this Act with regard to the issuing, suspension and revocation of licences, certificates of authorization and certificates of registration, and the requirements and qualifications therefor, including but not limited to regulations respecting,
i. the scope, standards and conduct of any examination set or approved by the Council as a licensing requirement or as a requirement for a certificate of registration,
ii. the curricula and standards of professional training programs offered by the Council,
iii. the academic, experience and other requirements for admission into professional training programs,
iv. the academic and experience requirements for the issuance of a licence, and
v. the academic and experience requirements for the issuance of a certificate of registration;
9. prescribing terms and conditions of licences, certificates of authorization or certificates of registration;
10. prescribing forms of applications for licences, certificates of authorization and certificates of registration and requiring their use;
11. Repealed: 2009, c. 33, Sched. 22, s. 11 (9).
12. requiring the making of returns of information in respect of the holdings of shares and the officers and directors of corporations that apply for or hold certificates of authorization, and prescribing and requiring the use of forms of such returns;
13. requiring and governing the signing and sealing of documents and drawings by members of the Association or by members entered on a specific register of the Association, specifying the forms of seals and respecting the issuance and ownership of seals;
14. requiring the making of returns of information by members of the Association and holders of certificates of authorization in respect of names, addresses, telephone numbers, associates, partners, employees, directors, officers and shareholdings, and, if the corporation engages in the practice of cadastral surveying, the name of the member of the Association who directs the practice of cadastral surveying by the corporation, and in respect of professional liability insurance, and prescribing and requiring the use of forms of such returns;
15. governing the use of names and designations in the practice of professional surveying by members of the Association and holders of certificates of authorization;
16. providing for the maintenance and inspection of registers of persons permitted to engage in the practice of professional surveying;
17. prescribing and governing standards of practice and performance standards for the practice of professional surveying;
18. providing for the setting of schedules of suggested fees for the practice of professional surveying and for the publication of the schedules;
19. respecting the advertising of the practice of professional surveying;
20. prescribing a code of ethics;
21. defining professional misconduct for the purposes of this Act;
22. providing for the designation of members of the Association as specialists, prescribing the qualifications and requirements for designation as a specialist, providing for the suspension or revocation of such a designation and for the regulation and prohibition of the use of the designation by members of the Association;
23. providing for inspection programs related to the practice of professional surveying, including programs for the inspection of records, other than financial records, of members of the Association and holders of certificates of authorization;
24. providing for the compilation of statistical data on the supply, distribution and professional activities of members of the Association and holders of certificates of authorization and on remuneration for the practice of professional surveying and requiring members of the Association and holders of certificates of authorization to provide the information necessary to compile such statistics, but persons engaged in the administration of this Act shall maintain secret the names of persons providing the information as a matter that comes to their knowledge in the course of their duties under this Act;
25. requiring members of the Association or holders of certificates of authorization, or both of them, to obtain and to maintain insurance against liability that may be incurred in the practice of professional surveying, respecting the terms and conditions and prescribing the minimum amounts of such insurance, requiring such members and holders to provide to the Registrar proof of the insurance coverage, and respecting the form of the proof and the times when the proof shall be provided;
26. exempting any class of members or holders of certificates of authorization from the requirement to be insured in respect of professional liability, and classifying members or holders of certificates of authorization for the purpose of such exemption;
27. requiring members of the Association or holders of certificates of authorization, or both, to inform the Registrar in respect of claims or impending claims against them for professional liability;
28. prohibiting or regulating the practice of professional surveying where there is a conflict of interest and defining the activities that constitute a conflict of interest for the purpose;
29. providing for a program of professional development of members of the Association and requiring members to participate in the program;
30. respecting the duties and authority of the Registrar;
31. prescribing qualifications and requirements that shall be complied with to obtain the reinstatement of a licence, certificate of registration or a certificate of authorization that was cancelled by the Registrar;
32. classifying and exempting any class of holders of licences, certificates of registration or certificates of authorization from any provision of the regulations under such special circumstances in the public interest as the Council considers advisable;
32.1 prescribing the kind and form of monuments used to identify points in surveys and prescribing how and where they are to be used and how they are to be designated on plans of survey;
33. prescribing any matter referred to in this Act as prescribed by the regulations. R.S.O. 1990, c. S.29, s. 7 (1); 1998, c. 18, Sched. I, s. 60 (1); 2009, c. 33, Sched. 22, s. 11 (9-11).
Regulation may be limited
(1.1) Any regulation authorized by paragraph 32.1 of subsection (1) may be limited territorially or as to time or otherwise. 1998, c. 18, Sched. I, s. 60 (2).
Confirmation by members
(2) The Council shall not request that the Lieutenant Governor in Council approve a regulation made by the Council until the regulation is confirmed by the members of the Association. R.S.O. 1990, c. S.29, s. 7 (2).
(3) The members of the Association may confirm a regulation by a majority of those voting,
(a) at an annual meeting;
(b) at a general meeting of the Association called for the purpose; or
(c) by means of a vote conducted by mail. R.S.O. 1990, c. S.29, s. 7 (3).
Distribution of regulations
(4) A copy of each regulation made under subsection (1),
(a) shall be forwarded to each member of the Association and to each holder of a certificate of authorization; and
(b) shall be available for public inspection in the office of the Association. R.S.O. 1990, c. S.29, s. 7 (4).
Regulations by Lieutenant Governor in Council
(5) Where the Minister requests in writing that the Council make, amend or revoke a regulation under subsection (1) and the Council has failed to do so within sixty days after the request, the Lieutenant Governor in Council may make the regulation, amendment or revocation specified in the request. R.S.O. 1990, c. S.29, s. 7 (5).
(6) Where the Lieutenant Governor in Council makes, amends or revokes a regulation under subsection (5), the Minister shall transmit a copy of the regulation, amendment or revocation to the Council and the Council shall cause the regulation, amendment or revocation to be distributed and to be made available in the same manner as a regulation made under subsection (1). R.S.O. 1990, c. S.29, s. 7 (6).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. I, s. 60 (1, 2) - 18/12/1998
2009, c. 33, Sched. 22, s. 11 (9-11) - 15/12/2009