Feedback Needed for “Positive Duty to Tell” Code of Conduct. December 1 Deadline

Council approved circulating a proposed “positive duty to tell” section for the Code of Conduct to the public and practitioners for comment.
 
The intent of the recommendation is to provide the regulator’s expectation about what practitioners must say to clients and potential clients if their ability to practice is restricted in some way because of a discipline order.
 
The code of conduct creates a positive duty to tell and would not rely on the client or the potential client “accidentally” discovering the practitioner’s restriction or forcing the client or the potential client to do their own research.
 
This positive duty to tell would only apply if the practitioner’s license or permit is currently restricted in some way and would not apply to past restrictions or past discipline cases.
 
Providing guidance for practitioners to communicate with their clients about potential errors will “elevate public confidence in the land surveying profession.”
 
The issue was identified in a presentation to the ALSA membership on professional governance in June 2020. The public has come to expect that disciplined practitioners cannot fail to disclose their misconduct if their license is restricted in some way.
 
According to the Code of Conduct, “this document may be amended by a majority vote at a meeting of the Council of the Alberta Land Surveyors’ Association. The Council of the Alberta Land Surveyors’ Association will seek input and feedback from the public and the Alberta Land Surveyors’ Association membership before enacting any amendment.”
 
The complete “positive duty to tell” section is available for review on the ALSA website. The public and practitioners will be able to provide their comments to Council until December 1.

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The Alberta Land Surveyors' Association (ALSA) is a self-regulating professional association legislated under the Land Surveyors Act. The Association regulates the practice of land surveying for the protection of the public.