The Unauthorized Practice Review Committee
The cases of unauthorized practice discussed by the Unauthorized Practice Review Committee largely rely on reports from practitioners of the Association. The committee would like to remind practitioners to continue keeping an eye out for instances of unauthorized practice and to report them to the Unauthorized Practice Review Committee. Unauthorized practice reports are crucial to limiting the practice of land surveying to licensed individuals and ultimately protecting the public.
The main reason for this post, however, is to discuss a specific category of unauthorized practice that the committee has seen recurring recently. Unlicensed individuals and businesses have been seeking signatures from Alberta Land Surveyors in order to complete services which they are unauthorized to provide. For example, you may be approached by someone who has clients that require real property reports, so they will provide you with field notes and maybe even a finished product for you to review. There are a few issues with this.
First, the unlicensed business is the point of contact with the public, who may think they are being advised by a professional, when in fact they are not. Second, the ALS being included at the tail end of the project does not fulfill our requirement of a survey being under our personal supervision, direction, and control. There is a big difference between an ALS seeking out contractors to complete fieldwork within a surveyor’s corporation’s quality control, and a contractor seeking for a signature. Finally, a ‘signature for hire’ is contrary to the code of ethics – “An ALS shall not enter into any arrangement that will enable an unqualified person or corporate body to complete a land survey directly or indirectly.”
Some of the individuals who contact an ALS may do so without knowing or understanding a land surveyor’s professional responsibilities and obligations. But an ALS does know their professional responsibilities and obligations and the ALSA Discipline Committee has sanctioned practitioners who have become involved in these types of schemes.
It is incumbent on the ALS who has been approached to inform the unlicensed person on the limited scope of services unlicensed individuals can provide. The ALS should also provide the unlicensed business the correct course of action in order to receive professional services for their clients. We still encourage practitioners to report these cases. If you are unsure of how to appropriately respond to the ‘signature for hire’ request, the committee would be happy to provide guidance on the matter.
Posted on September 26, 2024.