BILL NO. 133

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008

Government Bill

Land Surveyors Act
(amended)

The Honourable David M. Morse
Minister of Natural Resources

First Reading: April 25, 2008

(Explanatory Notes)

Second Reading: May 26, 2008

Third Reading: May 27, 2008 (LINK TO BILL AS PASSED)

Clause 1 permits a member of the Association of Nova Scotia Land Surveyors to represent on the Council of the Association a provincial zone in which the member is not resident if the member's normal place of employment is in the zone.

Clause 2 reduces by one month the time after which a member may be removed from the roll of members for the non-payment of a fee, assessment or levy.

Clause 3 sets out the costs and fine that a member of the Association may be directed to pay by the Discipline Committee of the Association and provides that a member shall not practise professional land surveying while such costs are due and outstanding.

Clause 4 provides that the Act comes into force upon proclamation.

1 Subsection 4(3) of Chapter 249 of the Revised Statutes, 1989, the Land Surveyors Act, is amended by striking out "he is ordinarily resident" in the second line and substituting "the person is ordinarily resident or maintains that person's normal place of employment".

2 Subsection 12(4) of Chapter 249 is amended by striking out "three" in the second line and substituting "two".

3 (1) Clause 26(1)(g) of Chapter 249 is repealed and the following clauses substituted:

(g) direct such person to pay the costs of the Council in relation to the matter, in whole or in part, up to a maximum of fifteen thousand dollars, at such time and on such terms as the Discipline Committee directs;
(h) direct such person to pay a fine not exceeding five thousand dollars.

(2) Section 26 of Chapter 249 is further amended by adding immediately after subsection (1) the following subsections:

(1A) In this Section, "costs of the Council" include

(a) expenses incurred by the Council, the Board, the Complaints Committee and the Discipline Committee; and

(b) legal costs, including disbursements and the goods and services tax.

(1B) No person shall practise professional land surveying while any costs directed to be paid pursuant to subsection (1) are due and outstanding.

4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.