The Complaints Committee or the Registrar may refer members for disciplinary action to Council. Council will consider the matter. Council may appoint a mediator to look into the matter and make a report to the Council as to whether the matter should be referred to the Discipline Committee. They may refer the matter to Discipline or recommend other actions.
If a matter has been referred to Discipline, the Discipline Committee will create a panel consisting of:
- at least one person who was appointed to the Council by the Lieutenant Governor in Council and
- at least two members of the Association who do not sit on the Council and are appointed to the Discipline Committee by the Council.
The Discipline Panel will hear and determine allegations of professional misconduct or incompetence against any member.
If a discipline panel finds a member of the Association guilty of professional misconduct or incompetence it may, by order,
- revoke the licence or certificate of registration, as the case may be, of the member;
- suspend the licence or certificate of registration, as the case may be, of the member for a stated period, not exceeding twenty-four months;
- accept the undertaking of the member to limit the professional work of the member in the practice of professional surveying to the extent specified in the undertaking;
- impose terms, conditions and limitations on the licence or certificate of registration, as the case may be, of the member, including but not limited, in the case of a member, to the successful completion of a particular course or courses of study, as are specified by the discipline panel;
- impose specific restrictions on the licence or certificate of registration, as the case may be, or on the certificate of authorization, including but not limited to,
- requiring the member to engage in the practice of professional surveying only under the personal supervision and direction of another member,
- requiring the member to not alone engage in the practice of professional surveying,
- requiring the member to accept periodic inspections by the discipline panel or its delegate of the books, accounts, records and plans of the member in connection with the member’s practice,
- requiring the member to report to the Registrar or to such committee of the Council as the discipline panel may specify on such matters in respect of the member’s practice for such period of time, at such times and in such form, as the discipline panel may specify;
- require that the member be reprimanded, admonished or counselled and, if considered warranted, direct that the fact of the reprimand, admonishment or counselling be recorded on the register;
- revoke or suspend for a stated period of time the designation of the member by the Association as a specialist in any branch of professional surveying;
- impose the fine that the discipline panel considers appropriate, to a maximum of $5,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund;
- require the member to repay, waive or reduce the fee charged by the member in respect of the practice of professional surveying related to the finding of professional misconduct or incompetence;
- REPEALED: 2009, c. 33, Sched. 22, s. 11 (40).
- fix and impose costs to be paid by the member to the Association;
- direct that the imposition of a penalty be suspended or postponed for the period and upon the terms or for the purpose that the discipline panel specifies, including but not limited to any combination of the following:
- the successful completion by the member of a particular course or courses of study,
- the production to the Discipline Committee of evidence satisfactory to it that any physical or mental incapacity in respect of which the penalty was imposed has been overcome
Discipline decisions are posted below and are recorded in the register.