If both the complainant and the practitioner agree, a mediator may assist in trying to settle the complaint.
 
The mediator is usually the Registrar of the Alberta Land Surveyors’ Association but Council may appoint another person to act as a mediator.
 
Under the Land Surveyors Act, the mediation is thirty days but it can be extended if both parties agree.
 
Mediation is a process that encourages communication and is facilitated by a third party. It can be a great deal less stressful and could lead to a resolution that might not be generally available to the Discipline Committee after a formal hearing.
 
It is important to note that this is a mediation process and not an arbitration process. The mediator does not have the power to rule in favour of one side or the other.
 
If either party does not agree to mediation or the mediation is not successful, the complaint will be forwarded to the chair of the Discipline Committee for a preliminary investigation.
 
In order to encourage an open dialogue, nothing that is said or written during the mediation process is provided to the person conducting the preliminary investigation.

If either party does not agree to mediation or the mediation is not successful, the complaint will be forwarded to the chair of the Discipline Committee for a preliminary investigation.
 
The preliminary investigation may be conducted by the vice-chair of the Discipline Committee instead of the chair if, for example, the chair may be in conflict or potential conflict or the chair does not have relevant expertise in the area of practice.
 
The person conducting the preliminary investigation will speak with both the practitioner and the complainant and may ask for plans, documents, papers, notes or records that may assist in the inquiry.
 
The person conducting the preliminary investigation may also determine it is necessary to speak with the practitioner’s employees, nearby landowners and others in order to complete the investigation.
 
The person conducting the preliminary investigation has thirty days to complete the investigation although the Council of the Alberta Land Surveyors’ Association may extend the thirty day period. Preliminary investigations, however, usually take several months to complete, particularly if a field survey is required.
 
The person conducting the preliminary investigation will prepare a written report outlining the nature of the complaint and their findings. The chair or vice-chair of the Discipline Committee will direct that no further action be taken or that the matter (or part of the matter) be referred to the Discipline Committee for a hearing. The investigated person and the complainant will be notified of the chair or vice-chair’s decision in writing.
 
The chair or vice-chair does not make a determination of the practitioner’s guilt or innocence; only whether the matter is to be referred to a hearing.

If a chair or vice-chair of the Discipline Committee directs that no further action be taken with respect to any part of a complaint, the complainant may appeal the decision to the Discipline Committee.
 
The appeal must be made in writing to the Registrar of the Alberta Land Surveyors’ Association. The appeal must be made within thirty days of the notice to the complainant.
 
When a complainant appeals the investigator’s decision, the Discipline Committee shall then determine whether the complaint goes forward to a formal hearing or direct that no further action be taken. The Discipline Committee, at this stage, does not determine the practitioner’s guilt or innocence; only whether the complaint goes forward to a hearing.
 
Regardless, the Discipline Committee shall notify the complainant and the practitioner in writing of its decision.
 
The person who conducted the preliminary investigation does not participate in the Discipline Committee’s appeal decision.

If the chair or vice-chair refers any part of a complaint to a hearing, the hearing shall be held within thirty days of the date of the referral. The chair of the Discipline Committee may extend the period. In reality, a hearing is usually held a few months after the referral to the Discipline Committee in order to allow each party to prepare their case.
 
According to the Land Surveyors Act, all proceedings are held in private.
 
At a discipline hearing, the Alberta Land Surveyors’ Association will be represented by legal counsel who “prosecutes” the matter. The Discipline Committee is represented by its own independent legal counsel. The practitioner whom the complaint is against is encouraged to have their own legal counsel to represent their best interests.
 
The Discipline Committee who will hear the matter (“the panel”) will consist of at least three Alberta Land Surveyors. The Alberta Land Surveyors’ Association makes every effort to ensure that the panel does not have any conflicts or potential conflicts with the investigated person or the complainant. The practitioner will have the opportunity to object to any person who sits on the panel and the reasons for the objection prior to the start of the hearing.
 
No Alberta Land Surveyor who participated in the preliminary investigation or the appeal of the preliminary investigation will be a member of the panel or participate in the decision.
 
The panel has no prior knowledge of the matter except the name of the practitioner.
 
A court reporter will record the hearing.
 
During the hearing, the Alberta Land Surveyors’ Association will present its case and the panel will hear from any Alberta Land Surveyors’ Association witnesses. The practitioner, or the practitioner’s legal counsel, may cross-examine the witnesses. The panel may ask its own questions.
 
The practitioner will then have an opportunity to present its case and, again, any witnesses it may wish to put forward. The practitioner’s witnesses may be cross-examined by Alberta Land Surveyors’ Association legal counsel. Once again, the panel may ask its own questions.
 
Both the Alberta Land Surveyors’ Association and the practitioner will have the opportunity to make final submissions to the panel.
 
The panel will not render a decision at the end of the hearing but will consider all of the evidence presented to it before making a decision.

The Discipline Committee will render a written decision outlining the allegations, a summary of the evidence, submissions by the parties, the Discipline Committee’s decision and the reasons for the Discipline Committee decision.
 
The investigated person and the complainant will receive a copy of the Discipline Committee decision.

If a practitioner is found guilty of some or all of the allegations, the Alberta Land Surveyors’ Association and the practitioner will each make submissions to the Discipline Committee on sanctions and penalties. The submissions may be made orally in a hearing or in writing to the committee.
 
The Discipline Committee will then make a written decision on sanctions and outlining their reasons for the sanctions.

If the Discipline Committee finds that the conduct of an investigated person constitutes unskilled practice of surveying or unprofessional conduct, or both, the Discipline Committee may make orders that could vary from a letter of reprimand to the cancellation of the investigated person’s registration.
 
The Discipline Committee does not generally award costs for damages to the complainant. The payment of damages is better left to civil courts.
 
More specifically, section 53 of the Land Surveyors Act states that the Discipline Committee make any one or more of the following orders:  

• reprimand the investigated person;
• suspend the registration of an investigated person either generally or from any field of the practice of surveying for a period set by the Discipline Committee;
• suspend the registration of an investigated person either generally or from any field of practice until;
  • the person has completed a specified course of study or obtained supervised practical experience, or
  • the Discipline Committee is satisfied as to the competence of the investigated person generally or in a specified field of practice;
• accept in place of a suspension the investigated person’s undertaking to limit the person’s practice;
• impose conditions on the investigated person’s entitlement to engage in the practice of surveying generally or in any field of practice, including the conditions that the person;
  • practise under supervision,
  • not engage in sole practice,
  • permit periodic inspections by a person authorized by the Discipline Committee, or
  • report to the Discipline Committee on specific matters;
• direct the investigated person to pass a particular course of study or satisfy the Discipline Committee as to the person’s practical competence generally or in a field of practice;
• direct the investigated person to satisfy the Discipline Committee that a disability or addiction can be or has been overcome, and suspend the person until the Discipline Committee is so satisfied;
• require the investigated person to take counselling or to obtain any assistance that in the opinion of the Discipline Committee is appropriate;
• direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the opinion of the Discipline Committee, were not rendered or were improperly rendered;
• cancel the registration of the investigated person;
• any other order that it considers appropriate in the circumstances.

• the costs of the hearing determined in accordance with the regulations,
• a penalty not exceeding $10 000 to the Association, or
• both the costs and a penalty under clause (b),

within the time set by the order.
 
If the investigated person ordered to pay a penalty, costs, or both, fails to do so within the time ordered, the Council may suspend the registration of that person until the person has paid the penalty, costs or both.

An investigated person may appeal a finding made by the Discipline Committee or an order of the Discipline Committee – or both – to Council.
 
Neither the Alberta Land Surveyors’ Association nor the complainant may appeal the Discipline Committee decision.
 
An appeal must be made in writing and describe the finding or order appealed and state the reasons for the appeal. An appeal is an appeal on the record and new evidence may not be introduced.
 
An appeal must be served on the Registrar not more than 30 days after the date on which the decision of the Discipline Committee was served on the investigated person.
 
The Registrar shall, on receiving a notice of appeal, give the Council a copy of the notice of appeal and make the record of the hearing available to each member of the Council. The Council, on receiving a notice of appeal under section 57, shall serve on the investigated person a notice of hearing of an appeal stating the date, time and place at which the Council will hear the matters appealed.
 
The Council shall, at its first meeting following the expiration of at least fifteen days after the date of service of a notice of appeal, consider the decision of the Discipline Committee and shall hear any representations that the investigated person or the person’s counsel wishes to make respecting the record and the decision.
 
Council may, on the written request of the investigated person or the Registrar, postpone the hearing for one or more periods, each not exceeding thirty days.
 
The Council on an appeal may do any or all of the following:

• grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the Council;
• receive further evidence on granting special leave for that purpose;
• draw inferences of fact and make a determination or finding that, in its opinion, ought to have been made by the Discipline Committee.

• make any finding that, in its opinion, ought to have been made by the Discipline Committee;
• quash, confirm or vary the finding or order of the Discipline Committee or substitute or make a finding or order of its own;
• refer the matter back to the Discipline Committee for further consideration in accordance with any direction that the Council may make.

 
The Council may order the investigated person to pay the costs of the appeal determined in accordance with the regulations.
 
The investigated person and the complainant will receive a copy of Council’s appeal decision.

The Discipline Committee will then make a written decision on sanctions and outlining their reasons for the sanctions.

An investigated person may appeal to the Court of Appeal any finding or order made by the Council.
 
An appeal under this section shall be commenced by filing a notice of appeal with the Registrar of the Court of Appeal in Edmonton or Calgary, and by serving a copy of the notice of appeal on the Registrar, both within thirty days from the date on which the decision of the Council is served on the investigated person.
 
The appellant may, after commencing an appeal and on notice to the Registrar, apply to the Court of Appeal for an order staying all or any part of the decision of the Council appealed.
 
An appeal shall be supported by copies, certified by the Registrar, of the decision of the Council and of the record of the appeal before the Council. The Registrar, on being paid any disbursements and expenses in connection with a request made by the appellant, shall furnish to the appellant the number of copies so requested of the documents mentioned.
 
The Court of Appeal on hearing the appeal may do any or all of the following:

• make any finding that, in its opinion, ought to have been made;
• quash, confirm or vary the order or decision of the Council or any part of it;
• refer the matter back to the Council for further consideration in accordance with any direction of the Court of Appeal;
• direct that a new trial of any mixed questions of law and fact relating to a finding or order of the Council made under this Part be held before the Court of King’s Bench.

 
The Court of Appeal may make any award as to the costs of an appeal to it that it considers appropriate.

In accordance with Association policy, any published discipline decision within the last five years (starting December 2016) will also be published on this web page. If there are any ongoing restrictions against a practitioner (ie: the practitioner is suspended or can only practice with a mentor), the decision is published on this web page.