Where an applicant has been made aware that they have failed a written examination, they can appeal to AERC to have the examination remarked.  Where the examination is remarked it will be done by two different markers, who will look at the entirety of the exam (not individual questions as done in the initial marking).  There is a fee of $125.00 plus HST for the reevaluation.

Additionally the Surveyors Act has provisions for appeals to the Registration Committee.

Where the Registrar proposes,

  1.  to refuse an application for a licence, a certificate of authorization or a certificate of registration;
     
  2.  to revoke a certificate of authorization; or
     
  3.  to issue a licence, a certificate of authorization or a certificate of registration subject to terms, conditions or limitations,

the Registrar shall serve notice of the proposal, together with written reasons therefor, on the applicant. The applicant shall have the right to a hearing by the Registration Committee if the applicant delivers a writtent request within 30 days of the notice.

Powers of Registration Committee re licence

Following a hearing in relation to a licence, the Registration Committee by order may,

  1. where the Committee is of the opinion upon reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the practice of cadastral surveying with competence and integrity, direct the Registrar to issue a licence to the applicant;
     
  2. where the Committee is of the opinion upon reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations,
     
    1.  direct the Registrar to refuse to issue a licence to the applicant, or
       
    2.  where the Committee is of the opinion upon reasonable grounds that the applicant will engage in the practice of cadastral surveying with competence and integrity, exempt the applicant from any of the requirements and qualifications of this Act and the regulations and direct the Registrar to issue a licence; or
       
  3.  where the Committee is of the opinion upon reasonable grounds that it is necessary in order to ensure that the applicant will engage in the practice of cadastral surveying with competence and integrity,
     
    1.  require the applicant to take and successfully complete such examinations as the Registration Committee may set or approve and to pay such fees therefor as the Registration Committee fixes,
       
    2.  require the applicant to take such additional training as the Registration Committee specifies, or
       
    3.  direct the Registrar to issue a licence subject to such terms, conditions and limitations as the Registration Committee specifies.

Powers of Registration Committee re certificates of authorization

(Following in relation to a certificate of authorization, the Registration Committee by order may,

  1. where the Committee is of the opinion upon reasonable grounds that the applicant meets the requirements and qualifications of this Act and the regulations and will engage in the business of providing services that are within the practice of cadastral surveying with competence and integrity, direct the Registrar to issue a certificate of authorization to the applicant or to not revoke the certificate of authorization held by the applicant, as the case requires;
     
  2.  where the Committee is of the opinion upon reasonable grounds that the applicant does not meet the requirements and qualifications of this Act and the regulations,
     
    1.  direct the Registrar to refuse to issue a certificate of authorization to the applicant or to revoke the certificate of authorization held by the applicant, or
       
    2.  where the Committee is of the opinion upon reasonable grounds that the applicant will engage in the business of providing services that are within the practice of cadastral surveying with competence and integrity, exempt the applicant from any of the requirements and qualifications of this Act and the regulations and direct the Registrar to issue a certificate of authorization to the applicant or to not revoke the certificate of authorization held by the applicant, as the case requires; or
       
  3.  where the Committee is of the opinion upon reasonable grounds that it is necessary in order to ensure that the applicant will engage in the business of providing services that are within the practice of cadastral surveying with competence and integrity, direct the Registrar to issue a certificate of authorization subject to such terms, conditions and limitations as the Registration Committee specifies.  R.S.O. 1990, c. S.29, s. 17 (10).

Powers of Registration Committee re certificates of registration

11.

  • Following a hearing under this section in respect of a proposal by the Registrar in relation to a certificate of registration, the Registration Committee by order may,
     
  1.  where the Committee is of the opinion upon reasonable grounds that the applicant meets the requirements and qualifications prescribed by the regulations, direct the Registrar to issue a certificate of registration to the applicant or to not revoke the certificate of registration held by the applicant, as the case requires;
     
  2.  where the Committee is of the opinion upon reasonable grounds that the applicant does not meet the requirements and qualifications prescribed by the regulations,
     
    1.  direct the Registrar to refuse to issue a certificate of registration to the applicant or to revoke the certificate of registration held by the applicant, as the case requires, or
       
    2.  where the Committee is of the opinion upon reasonable grounds that the applicant will engage in the practice of professional surveying with competence and integrity, exempt the applicant from any of the requirements and qualifications prescribed by the regulations and direct the Registrar to issue a certificate of registration to the applicant or to not revoke the certificate of registration held by the applicant, as the case requires; or
       
  3.  where the Committee is of the opinion upon reasonable grounds that it is necessary in order to ensure that the applicant will engage in the practice of professional surveying with competence and integrity, direct the Registrar to issue a certificate of registration to the applicant subject to such terms, conditions and limitations as the Registration Committee specifies.  R.S.O. 1990, c. S.29, s. 17 (11).

Extension of time for requiring hearing

12.

  • The Registration Committee may extend the time for the giving of notice requiring a hearing by an applicant under this section before or after the expiration of such time where it is satisfied that there are apparent grounds for granting relief to the applicant following upon a hearing and that there are reasonable grounds for applying for the extension, and the Registration Committee may give such directions as it considers proper consequent upon the extension.  R.S.O. 1990, c. S.29, s. 17 (12).
     

Parties

13.

  • The Registrar and the applicant who has required the hearing are parties to proceedings before the Registration Committee under this section.  R.S.O. 1990, c. S.29, s. 17 (13).
     

Opportunity to show compliance

14.

  • The applicant shall be given a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements in respect of the licence, the certificate of authorization or the certificate of registration, as the case requires.  R.S.O. 1990, c. S.29, s. 17 (14).
     

Examination of documentary evidence

15.

  • A party to proceedings under this section shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. S.29, s. 17 (15).
     

Members holding hearing not to have taken part in investigation, etc.

16.

  • Members of the Registration Committee holding a hearing shall not have taken part before the hearing in any investigation or consideration of the subject-matter of the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or his or her representative except upon notice to and opportunity for both parties to participate, but the Registration Committee may seek legal advice from a person who is not counsel in the proceedings and, in such case, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. S.29, s. 17 (16).
     

Recording of evidence

17.

  • The oral evidence taken before the Registration Committee at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice.  R.S.O. 1990, c. S.29, s. 17 (17); 2006, c. 19, Sched. C, s. 1 (1).
     

Only members at hearing to participate in decision

18.

  • No member of the Registration Committee shall participate in a decision of the Registration Committee following upon a hearing unless the member was present throughout the hearing and heard the evidence and argument of the parties.  R.S.O. 1990, c. S.29, s. 17 (18).
     

Release of documentary evidence

19.

  • Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person by the Registration Committee within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. S.29, s. 17 (19).
     

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006