Surveying on Canada Lands
Since the profession of Canada Lands Surveyors became self-regulated on March 18th, 1999 we have been made aware of instances where surveyors holding a provincial commission have performed cadastral surveying on Canada Lands without an ACLS licence to practice. Some individuals still seem to be unaware that they are performing an act of illegal practice, even though these surveys are performed within the limits of their province.
Section 50 of the Act respecting Canada Lands Surveyors (http://laws-lois.justice.gc.ca/eng/acts/L-5.8/ ) stipulates that:
“No person, other than a licence holder or a person acting under the direction of a licence holder, may engage in cadastral surveying on Canada Lands or on private lands in a territory.”
Furthermore, section 64 of the same Act states the following:
“Every person, other than a licence holder or a person acting under the direction of a licence holder, who engages or purports to be engaged in cadastral surveying on Canada Lands or on private lands in a territory is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both.”
What constitutes Canada Lands you may ask? The answer is available in another federal piece of legislation entitled the Canada Lands Surveys Act:
“24 (1) In this Part, Canada Lands means
(a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories or Nunavut and any lands that are
(i) surrendered lands or a reserve, as those expressions are defined in the Indian Act, other than reserve lands described in regulations made under section 4.1 of the First Nations Commercial and Industrial Development Act,
(ii) Category IA land or Category IA-N land, as defined in the Cree-Naskapi (of Quebec) Act, chapter 18 of the Statutes of Canada, 1984,
(iii) Sechelt lands, as defined in the Sechelt Indian Band Self-Government Act, chapter 27 of the Statutes of Canada, 1986,
(iv) settlement land, as defined in the Yukon First Nations Self-Government Act, and lands in which an interest is transferred or recognized under section 21 of that Act,
(v) lands in the Kanesatake Mohawk interim land base, as defined in the Kanesatake Interim Land Base Governance Act, other than the lands known as Doncaster Reserve No. 17, or
(vi) Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act; and
(a.1) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in any National Park of Canada or in the Rouge National Urban Park established by the Rouge National Urban Park Act; and
(b) any lands under water belonging to Her Majesty in right of Canada or in respect of any rights in which the Government of Canada has power to dispose.”
Basically, in the provinces, all First Nation reserves and Federal Parks are Canada Lands.
Individuals holding a commission as land surveyor in a province only have to write one professional examination to obtain a commission as a Canada Lands Surveyor. The professional examination is available on-line and on demand. Go to the following link to apply to become a candidate: http://www.acls-aatc.ca/en/node/31 and the following to obtain a copy of the Candidate Handbook: https://www.acls-aatc.ca/files/english/publications/Candidate%20Manual%2015-08-25.pdf
If you have any questions about the process of becoming a Canada Lands Surveyor, please see the information here: http://www.acls-aatc.ca , or contact me at 613-723-9200 (Ottawa) or email@example.com .
Jean-Claude Tétreault, CLS, a.-g., MBA
ACLS Executive Director