Surveyors Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections98

• 1Definitions

  1 (1) In this Act, “Association” means the Association of Ontario Land Surveyors; (“Ordre”) “by-laws” means by-laws made under this Act; (“règlements administratifs”) “certificate of authorization” means a certificate of authorization issued under this Act; (“certificat d’autorisation”) “certificate of registration” means a certificate of registration issued under this Act; (“certificat d’inscription”) “Council” means the Council of the Association; (“Conseil”) “graphic representation” means a representation produced by an electrical, electronic, photographic or printing method and includes a representation produced on a video display terminal; (“représentation graphique”) “licence” means a licence issued under this Act to engage in the practice of cadastral surveying; (“permis”) “licensed”, in relation to a person, means the person is the holder of a licence, limited licence or temporar…

• 1.
• 2Association

  2 (1) The Association of Ontario Land Surveyors is continued as a corporation without share capital under the name Association of Ontario Land Surveyors in English and Ordre des arpenteurs-géomètres de l’Ontario in French. R.S.O. 1990, c. S.29, s. 2 (1). Principal object (2) The principal object of the Association is to regulate the practice of professional surveying and to govern its members and holders of certificates of authorization in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected. R.S.O. 1990, c. S.29, s. 2 (2); 2009, c. 33, Sched. 22, s. 11 (5). Additional objects (3) For the purpose of carrying out its principal object, the Association has the following additional objects: 1. To establish, maintain and develop standards of knowledge and skill among its members. 2. To establish, maintain and develop standards…

• 2.
• 3Council

  3 (1) The Council of the Association is continued and shall be the governing body and board of directors of the Association and shall manage and administer its affairs. R.S.O. 1990, c. S.29, s. 3 (1). Composition of Council (2) The Council shall be composed of, (a) six persons who are members of the Association, excluding holders of temporary licences, and who are elected by the members of the Association, as provided by the regulations; (b) the president and the vice-president, each of whom shall be elected annually by and from among the members of the Association, excluding holders of temporary licences, as provided by the regulations; (c) the immediate past president; (d) the Surveyor General; (e) at least two and not more than four persons who are not members of the Association, nor members of the governing body of any other self-regulating professional association or organization un…

• 3.
• 4Annual meetings

  4 The Association shall hold an annual meeting of the members of the Association not more than fifteen months after the holding of the last preceding annual meeting. R.S.O. 1990, c. S.29, s. 4.

• 4.
• 5Membership

  5 (1) Every person licensed by the Association is a member of the Association, subject to any term, condition or limitation to which the licence, limited licence or temporary licence is subject. R.S.O. 1990, c. S.29, s. 5 (1); 2025, c. 17, Sched. 4, s. 3 (1). Idem (2) Every person who is the holder of a certificate of registration is a member of the Association subject to any term, condition or limitation to which the certificate of registration is subject. R.S.O. 1990, c. S.29, s. 5 (2). Resignation of membership (3) A member may resign his or her membership by filing with the Registrar a resignation in writing, and the member’s licence, limited licence, temporary licence or certificate of registration is thereupon cancelled, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member. R.S.…

• 5.
• 6Powers of Minister

  6 In addition to his or her other powers and duties under this Act, the Minister may, (a) review the activities of the Council; (b) request the Council to undertake activities that, in the opinion of the Minister, are necessary and advisable to carry out the intent of this Act; (c) advise the Council with respect to the implementation of this Act and the regulations and with respect to the methods used or proposed to be used by the Council to implement policies and to enforce its regulations and procedures. R.S.O. 1990, c. S.29, s. 6.

• 6.
• 7Regulations

  7 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 1. defining constituencies and prescribing the number of representatives on the Council of each constituency; 2. respecting and governing the qualifications, nomination, election and term or terms of office of the members to be elected to the Council, and controverted elections; 3. prescribing the conditions disqualifying elected members from sitting on the Council and governing the filling of vacancies on the Council; 4. respecting the composition of the committees required by this Act, other than the Complaints Committee and the Discipline Committee, the mechanism of the appointment of members of the committees and procedures ancillary to those specified in this Act in respect of any committee; 5. respecting matters of practice and procedure befor…

• 7.
• 8By-laws

  8 (1) The Council may pass by-laws relating to the administrative and domestic affairs of the Association not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing, 1. prescribing the seal of the Association; 2. providing for the execution of documents by the Association; 3. respecting banking and finance; 4. fixing the financial year of the Association and providing for the audit of the accounts and transactions of the Association; 5. respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council; 6. providing for meetings of the Council and committees, except in a proceeding in respect of a licence, limited licence, temporary licence, certificate of authorization or certificate of registration, by means of conference telephone or other communications equipment by means of which all person…

• 8.
• 9Committees

  9 (1) The Council shall establish and appoint as provided in this Act the following committees and may establish such other committees from time to time as the Council considers necessary: (a) Executive Committee; (b) Academic and Experience Requirements Committee; (c) Registration Committee; (d) Complaints Committee; (e) Discipline Committee. 2025, c. 17, Sched. 4, s. 6. Vacancies (2) Where one or more vacancies occur in the membership of a committee, the members remaining in office constitute the committee so long as their number is not fewer than a quorum of the committee. R.S.O. 1990, c. S.29, s. 9. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 4, s. 6 - 01/01/2026

• 9.
• 10Executive Committee

  10 (1) The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council, other than to make, amend or revoke a regulation or a by-law. Urgent matters (2) Subject to ratification by the Council at its next meeting, the Executive Committee may take action upon any other matter that requires immediate attention between meetings of the Council, other than to make, amend or revoke a regulation or a by-law. R.S.O. 1990, c. S.29, s. 10.

• 10.
• 11Prohibitions relating to cadastral surveying

  11 (1) No individual shall engage in the practice of cadastral surveying or hold himself or herself out as engaging in such a practice unless he or she holds a licence, limited licence or temporary licence under this Act. 2009, c. 33, Sched. 22, s. 11 (14); 2025, c. 17, Sched. 4, s. 7. Exception (2) Despite subsection (1), an individual who does not hold a licence, limited licence or temporary licence under this Act may perform an act that is within the practice of cadastral surveying if he or she does so at the direction of and under the supervision of a licensed member. 2009, c. 33, Sched. 22, s. 11 (14); 2025, c. 17, Sched. 4, s. 7. Professional responsibility (3) A licensed member who supervises and directs the performance of acts that are within the practice of cadastral surveying by individuals referred to in subsection (2) is subject to the same standards of professional conduct a…

• 11.
• 12Issuance of licences, limited licences

  12 (1) The Registrar shall issue a licence or limited licence to an individual who applies in accordance with the regulations and, (a) is a citizen of Canada or has the status of a permanent resident of Canada; (b) is not less than 18 years of age; (c) has complied with the academic and experience requirements prescribed in the by-laws for the issuance of a licence or limited licence; (d) has passed the examinations prescribed by the by-laws; and (e) is of good character. 2025, c. 17, Sched. 4, s. 8 (1). Same, temporary licences (1.1) The Registrar shall issue a temporary licence to an individual who applies in accordance with the regulations and, (a) is not less than 18 years of age; (b) has complied with the experience requirements prescribed in the by-laws for the issuance of a temporary licence; and (c) is of good character. 2025, c. 17, Sched. 4, s. 8 (1). Same, retired members (1.2…

• 12.
• 13Practice of professional surveying other than cadastral surveying

  13 (1) Although not required in order to engage in the practice of professional surveying in a branch other than cadastral surveying, an individual may apply to the Registrar for a certificate of registration in a branch of professional surveying other than cadastral surveying. 2009, c. 33, Sched. 22, s. 11 (16). Prohibition (2) No person shall hold himself or herself out as a registered member of the Association unless the person holds a certificate of registration issued under this Act. 2009, c. 33, Sched. 22, s. 11 (16). Certificate of registration (3) The Registrar shall issue a certificate of registration in a branch of professional surveying other than cadastral surveying to an individual who applies in accordance with the regulations and, (a) is a citizen of Canada or has the status of a permanent resident of Canada; (b) is not less than 18 years of age; (c) has complied with the …

• 13.
• 14Certificate of authorization

  14 (1) An application for a certificate of authorization shall be made in accordance with the regulations. 2009, c. 33, Sched. 22, s. 11 (16). Issuance to individuals (2) The Registrar shall issue a certificate of authorization to an individual who is a member of the Association and who meets the requirements and qualifications prescribed by the regulations. 2009, c. 33, Sched. 22, s. 11 (16). Same, corporations (3) The Registrar shall issue a certificate of authorization to a corporation if, (a) a function of the corporation is to engage in the business of providing services that are within the practice of professional surveying; (b) at least 50 per cent of the members of the board of directors of the corporation are members of the Association, excluding holders of temporary licences; and (c) if the corporation provides or wishes to provide services to the public that are within the pra…

• 14.
• 15, 16

  15, 16 Repealed: 2009, c. 33, Sched. 22, s. 11 (16). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (16) - 15/12/2009

• 15.
• 15., 16.
• 16.
• 17Hearing by Registration Committee

  17 (1) Where the Registrar intends to take any of the following actions, the Registrar shall serve notice of the Registrar’s intention, together with written reasons, on the affected person: 1. Refuse an application for a licence, limited licence, temporary licence, certificate of authorization or certificate of registration. 2. Suspend or revoke a certificate of authorization. 3. Issue a licence, limited licence, certificate of authorization or certificate of registration subject to terms, conditions or limitations. 4. Issue a temporary licence subject to terms, conditions or limitations other than those related to the period of time for which the temporary licence is issued, the locations in which the holder of the temporary licence may work and the manner of work permitted to be done by the temporary licence holder. 2025, c. 17, Sched. 4, s. 11 (1). Exceptions (2) Subsection (1) does …

• 17.
• 18Registers

  18 (1) The Registrar shall maintain registers in which is entered every person who is a member of the Association and every holder of a certificate of authorization. R.S.O. 1990, c. S.29, s. 18 (1). Notation as to terms, conditions, limitations (2) The Registrar shall note in the registers the terms, conditions and limitations attached to each licence, limited licence, temporary licence, certificate of authorization and certificate of registration. R.S.O. 1990, c. S.29, s. 18 (2); 2025, c. 17, Sched. 4, s. 12 (1). Notation as to revocation, suspension, etc. (3) The Registrar shall note in the registers every revocation, suspension and cancellation or termination of a licence, certificate of authorization or certificate of registration. R.S.O. 1990, c. S.29, s. 18 (3); 2025, c. 17, Sched. 4, s. 12 (2). Notation as to other information (4) The Registrar shall note in the registers such oth…

• 18.
• 19Inspection of registers

  19 (1) Any person has the right to inspect during normal business hours the registers maintained by the Registrar. Copies (2) The Registrar shall provide to any person, upon payment of a reasonable charge therefor, a copy of any part of the registers maintained by the Registrar. R.S.O. 1990, c. S.29, s. 19.

• 19.
• 20Cancellation for default of fees and liability insurance

  20 (1) The Registrar may cancel a licence, limited licence, temporary licence, certificate of authorization or certificate of registration for non-payment of any fee prescribed by the by-laws or for the failure to provide proof of liability insurance when applying for a renewal, subject to the continuing jurisdiction of the Association in respect of any disciplinary action arising out of his or her professional conduct while a member or holder. 2025, c. 17, Sched. 4, s. 13. Reinstatement (2) A person who was a member or a holder of a certificate of authorization whose licence, limited licence, temporary licence, certificate of authorization or certificate of registration was cancelled by the Registrar under subsection (1) is entitled to have the licence, limited licence, temporary licence, certificate of authorization or certificate of registration reinstated upon compliance with the req…

• 20.
• 21Complaints Committee

  21 (1) The Complaints Committee shall be composed of at least five members, excluding holders of temporary licences, but including, (a) at least one member of the Association who was elected to the Council under clause 3 (2) (a); (b) at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and (c) the other members of the Association that are appointed by the Council. 2009, c. 33, Sched. 22, s. 11 (17); 2025, c. 17, Sched. 4, s. 14. Qualifications (1.1) A person appointed to the Complaints Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee. 2009, c. 33, Sched. 22, s. 11 (17). Idem (2) No person who is a member of the Discipline Committee shall be a member of the Complaints Committee. R.S.O. 1…

• 21.
• 22Complaint process

  22 (1) A member of the public or a member of the Association may file a complaint in writing with the Registrar attributing conduct or actions to a member of the Association that may be found to constitute professional misconduct or incompetence. 2009, c. 33, Sched. 22, s. 11 (20). Notice to member (2) When a complaint is filed under subsection (1), the Registrar shall give written notice of the complaint to the member of the Association who is the subject of the complaint and advise the member that he or she may submit a written response to the complaint to the Registrar within two weeks of receiving the notice. 2009, c. 33, Sched. 22, s. 11 (20). Written response (3) A member who receives a notice under subsection (2) may submit a written response to the complaint to the Registrar within two weeks of receiving the notice. 2009, c. 33, Sched. 22, s. 11 (20). Refusal to consider (4) The …

• 22.
• 23Complaints Review Councillor

  23 (1) There shall be a Complaints Review Councillor who shall be appointed by and from among the members of the Council appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. S.29, s. 23 (1). Idem (2) The Complaints Review Councillor is not eligible to be a member of the Complaints Committee. R.S.O. 1990, c. S.29, s. 23 (2); 2025, c. 17, Sched. 4, s. 16. Powers (3) The Complaints Review Councillor may, (a) from time to time conduct an examination of the Association’s procedures for the treatment of complaints; and (b) upon application of a complainant or on the Councillor’s own initiative, review the treatment of a particular complaint against a member of the Association or the holder of a certificate of authorization if the Complaints Committee has not disposed of the complaint within 90 days after the day the complaint was filed with the Registrar. 2009, c. 33, Sched. 22, s.…

• 23.
• 24Repealed

  24 Repealed: 2009, c. 33, Sched. 22, s. 11 (24). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (24) - 15/12/2009

• 24.
• 25Discipline Committee

  25 (1) The Discipline Committee shall be composed of at least six members, including, (a) at least one member of the Association who was elected to the Council under clause 3 (2) (a); (b) at least one person who was appointed to the Council by the Lieutenant Governor in Council under clause 3 (2) (e) or (f); and (c) at least two members of the Association, excluding holders of temporary licences who do not sit on the Council and are appointed to the Committee by the Council. 2009, c. 33, Sched. 22, s. 11 (25); 2025, c. 17, Sched. 4, s. 17 (1). Qualifications (2) A person appointed to the Discipline Committee under clause (1) (c) shall have practised professional surveying in Ontario or in another jurisdiction for at least five years at the time of being appointed to the Committee. 2009, c. 33, Sched. 22, s. 11 (25). Disqualification (3) No person who is a member of the Complaints Committ…

• 25.
• 25.1Mediator

  25.1 (1) The Complaints Committee may, pursuant to clause 22 (4.3) (a.2), direct the Registrar to appoint a mediator to look into a matter and make a report to the Complaints Committee as to whether the matter should be referred to the Discipline Committee. 2025, c. 17, Sched. 4, s. 18 (1). Role of mediator (2) The mediator shall make reasonable efforts to meet with the member against whom the allegations are made and any other interested party to facilitate a resolution of the matter and, if a resolution is not possible, to further define the issues to be brought before the Committee. 2009, c. 33, Sched. 22, s. 11 (25). Report (3) The mediator shall submit a written report to the Complaints Committee within 90 days of his or her appointment and the report shall contain the mediator’s recommendation as to whether the matter should be referred to the Discipline Committee and as to any iss…

• 26Hearings and decisions in disciplinary matters

  26 (1) If the Discipline Committee is directed by the Complaints Committee to hear and determine allegations of professional misconduct or incompetence against a member of the Association, the chair of the Discipline Committee shall appoint a discipline panel to hear and determine the matter. 2009, c. 33, Sched. 22, s. 11 (26); 2025, c. 17, Sched. 4, s. 19 (1). Composition of discipline panel (1.1) A discipline panel shall consist of five members of the Discipline Committee and shall include, (a) at least one member of the Committee appointed under clause 25 (1) (b); and (b) at least two members of the Committee appointed under clause 25 (1) (c). 2009, c. 33, Sched. 22, s. 11 (26). Eligibility to sit on panel (1.2) Members of a discipline panel appointed to hold a hearing shall not, before the hearing, have taken part in any investigation or consideration of the subject matter of the hea…

• 26.
• 27Proceedings before discipline panel

  27 (1) In proceedings before a discipline panel, the Association and the member of the Association whose conduct is being investigated in the proceedings are parties to the proceedings. 2009, c. 33, Sched. 22, s. 11 (43). Examination of documentary evidence (2) A member whose conduct is being investigated in proceedings before a discipline panel shall have an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. 2009, c. 33, Sched. 22, s. 11 (43). Non-communication by panel members (3) Members of a discipline panel shall not communicate directly or indirectly in relation to the subject matter of a hearing with any person or with any party or any party’s representative except upon notice to and opportunity for all parties to participate. 2009, c. 33, Sched. 22, s. 11…

• 27.
• 28Appeal to court

  28 (1) A party to proceedings before the Registration Committee or the Discipline Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. R.S.O. 1990, c. S.29, s. 28 (1); 2025, c. 17, Sched. 4, s. 20. Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee therefor, the Registrar shall furnish the party with a certified copy of the record of the proceedings, including the documents received in evidence and the decision or order appealed from. R.S.O. 1990, c. S.29, s. 28 (2). Powers of court on appeal (3) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take a…

• 28.
• 29Repealed

  29 Repealed: 2025, c. 17, Sched. 4, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2009, c. 33, Sched. 22, s. 11 (44) - 15/12/2009 2020, c. 34, Sched. 26, s. 5 - 06/02/2021 2025, c. 17, Sched. 4, s. 21 - 01/01/2026

• 29.
• 30Registrar’s investigation

  30 (1) Where the Registrar believes on reasonable and probable grounds that a member of the Association has committed an act of professional misconduct or incompetence or that there is cause to refuse to issue or to suspend or revoke a certificate of authorization, the Registrar by order may appoint one or more persons to make an investigation to ascertain whether such act has occurred or there is such cause, and the person or persons appointed shall report the result of the investigation to the Registrar. R.S.O. 1990, c. S.29, s. 30 (1). Powers of investigator (2) For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of authorization in respect of whom the investigation is being made and, upon production of his or her appointme…

• 30.
• 31Information re insurance claims

  31 (1) In this section, “insurer” means a person offering insurance in respect of liability incurred in the practice of professional surveying. R.S.O. 1990, c. S.29, s. 31 (1); 2009, c. 33, Sched. 22, s. 11 (46). Information (2) Upon the request of the Registrar, an insurer shall furnish to the Registrar any information that is in the possession of the insurer and that is specified in the request related to a claim or claims for indemnity in respect of the practice of professional surveying. R.S.O. 1990, c. S.29, s. 31 (2); 2009, c. 33, Sched. 22, s. 11 (46). Exception (3) Subsection (2) does not apply in respect of a document prepared by an insured person relating to a claim for indemnity in respect of the practice of professional surveying by the insured person. R.S.O. 1990, c. S.29, s. 31 (3); 2009, c. 33, Sched. 22, s. 11 (46). Transmittal of information (4) The Registrar may forward…

• 31.
• 32Professional liability insurance

  32 (1) No member of the Association or holder of a certificate of authorization shall engage in the practice of professional surveying unless insured against professional liability in accordance with the regulations and the by-laws or in accordance with arrangements under subsection (2). R.S.O. 1990, c. S.29, s. 32 (1); 2009, c. 33, Sched. 22, s. 11 (46); 2025, c. 17, Sched. 4, s. 23. Arrangements by Association (2) The Association may make arrangements respecting insurance against professional liability for members of the Association and holders of certificates of authorization. R.S.O. 1990, c. S.29, s. 32 (2). Premiums (3) Arrangements under subsection (2) may include arrangements respecting the payment and remission of premiums. R.S.O. 1990, c. S.29, s. 32 (3). Levies (4) The Association may prescribe levies that shall be paid by members of the Association and holders of certificates …

• 32.
• 33Compensation Fund

  33 (1) The Association shall continue to maintain the Compensation Fund and shall continue to hold it in trust for the purposes of this section. R.S.O. 1990, c. S.29, s. 33 (1). Composition of Fund (2) The Compensation Fund shall be made up of, (a) all money paid by members of the Association under subsection (3); (b) all money earned from the investment of money in the Fund; (c) all money recovered under subsection (7); and (d) all money contributed by any person. R.S.O. 1990, c. S.29, s. 33 (2). Compensation Fund levy (3) Every member, other than those of a class exempted by the by-laws, shall pay to the Association for the Compensation Fund such sum as is prescribed from time to time by the by-laws. R.S.O. 1990, c. S.29, s. 33 (3). Insurance (4) The Council may insure with any insurer licensed to carry on business in Ontario for such purposes and on such terms as the Council considers…

• 33.
• 34Surrender of cancelled licence, etc.

  34 Where a licence, limited licence, temporary licence, certificate of authorization or certificate of registration is revoked or cancelled, the former holder of the licence, limited licence, temporary licence, certificate of authorization or certificate of registration shall forthwith deliver it and any related seal to the Registrar. 2025, c. 17, Sched. 4, s. 24. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 4, s. 24 - 01/01/2026

• 34.
• 34 #34Surrender of cancelled licence, etc.
• 35Restoration of licence, etc.

  35 (1) A person whose licence, limited licence, temporary licence, certificate of authorization or certificate of registration has been revoked for cause under this Act, or whose membership has been cancelled for cause under a predecessor of this Act, may apply in writing to the Registrar for the issuance of a licence, limited licence, temporary licence, certificate of authorization or certificate of registration, but such application shall not be made sooner than two years after the revocation or cancellation. 2025, c. 17, Sched. 4, s. 25 (1) Reference to Registration Committee (2) The Registrar shall refer the application to the Registration Committee and the Committee shall, (a) hold a hearing and make a decision with respect to the application; and (b) report its decision and reasons to the Registrar and to the applicant. 2009, c. 33, Sched. 22, s. 11 (47); 2025, c. 17, Sched. 4, s. …

• 35.
• 36Confidentiality

  36 (1) Every person engaged in the administration of this Act, including any person making a review or investigation under section 30, shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of the person’s duties, employment, inquiry or investigation and shall not communicate any such matter to any other person except, (a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceedings under this Act or the regulations; (a.1) in accordance with the Association’s policies and practices with respect to the collection, use and disclosure of personal information as set out in the by-laws; (b) that the person may communicate any such matter to his or her counsel; or (c) with the consent of the person to whom the information relates. R.S.O. 1990, c. S.29, s. 36 (1); 2009, c. 33, Sched. 22, s. …

• 36.
• 37Use of “O.L.S.” by corporation

  37 (1) A corporation whose name includes the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” and that ceases to hold a subsisting certificate of authorization shall not carry on or engage in any business until the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” are removed from the name of the corporation. Exception (2) Subsection (1) does not apply to prevent a corporation from carrying on an activity necessary to the winding up of the corporation. R.S.O. 1990, c. S.29, s. 37.

• 37.
• 38Proceedings to prohibit continuation or repetition of contravention

  38 Where any provision of this Act or the regulations is contravened, despite any other remedy or any penalty imposed, the Association may apply to a judge of the Superior Court of Justice for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the court, will result or will likely result in the continuation or repetition of the contravention by the person committing the contravention, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice. R.S.O. 1990, c. S.29, s. 38; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

• 38.
• 39Penalties

  39 (1) Every person who contravenes section 11 is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $15,000 and for each subsequent offence to a fine of not more than $30,000. Idem (2) Every person who is not a member of the Association and who uses the title “Ontario land surveyor” or “arpenteur-géomètre de l’Ontario” or the initials “O.L.S.” or “A.-G.O.” as an occupational designation is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $5,000 and for each subsequent offence to a fine of not more than $15,000. Idem (3) Every person who obstructs a person appointed to make an investigation under section 30 in the course of his or her duties is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Idem (4) Every corporation that contravenes section 37 is guilty of…

• 39.
• 40Falsification of certificate

  40 (1) Any person who makes or causes to be made any wilful falsification in any matter relating to a register or issues a false licence, limited licence, temporary licence, certificate of authorization or certificate of registration or a false document with respect to a register maintained by the Registrar under this Act is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. S.29, s. 40 (1); 2025, c. 17, Sched. 4, s. 26 (1). Offences for false representation (2) Any person who wilfully procures or attempts to procure the issuance of a licence, limited licence, temporary licence or the issuance of a certificate of authorization or a certificate of registration under this Act by knowingly making any false representation or declaration or by making a fraudulent representation or declaration, either orally or in writing, is guilty of an offenc…

• 40.
• 41Onus of proof

  41 Where licensing or the holding of a certificate of authorization under this Act is required to permit the lawful doing of any act or thing, if in any prosecution it is proven that the defendant has done such act or thing, the burden of proving that the defendant was so licensed or that the defendant held a subsisting certificate of authorization under this Act rests upon the defendant. R.S.O. 1990, c. S.29, s. 41.

• 41.
• 42Service of notice or document

  42 A notice or document required under this Act or the regulations is sufficiently given, served on or delivered if it is given, served on or delivered to the intended recipient by, (a) personal delivery; (b) fax at the last fax number appearing on the Association’s records; (c) mail, registered mail or courier at the last address appearing on the Association’s records; or (d) email at the last electronic mail address appearing on the Association’s records. 2025, c. 17, Sched. 4, s. 27. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 26, s. 6 - 06/02/2021 2025, c. 17, Sched. 4, s. 27 - 01/01/2026

• 42.
• 43Registrar’s certificate as evidence

  43 Any statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the Association, is admissible in evidence in all courts as proof in the absence of evidence to the contrary of the facts stated therein without proof of the appointment or signature of the Registrar and without proof of the seal. R.S.O. 1990, c. S.29, s. 43.

• 43.
• 42 #43Service of notice or document
• 44Immunity

  44 (1) No action or other proceeding for damages shall be instituted against the Association, a committee of the Association or a member of the Association or committee, or an officer, employee, agent or appointee of the Association for any act done in good faith in the performance or intended performance of any duty or in the exercise or the intended exercise of any power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power. Councillor indemnified in suits respecting execution of office (2) Every member of the Council and every officer, member or employee of the Association, and the person’s heirs, executors and administrators, and estate and effects, respectively, may, with the consent of the Association, given at any meeting of the members of the Association, from time to time and at all times, be in…

• 44.
• 45Repealed

  45 Repealed: 1998, c. 18, Sched. I, s. 62. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 62 - 18/12/1998 Not-for-Profit Corporations Act, 2010

• 45.
• 46

  46 The Not-for-Profit Corporations Act, 2010 does not apply to the Association, except as is prescribed by regulation. 2017, c. 20, Sched. 8, s. 133. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 11 (49) - 15/12/2009 2017, c. 20, Sched. 8, s. 133 - 19/10/2021

• 46.
• 46 #46Not-for-Profit Corporations Act, 2010
• 47References to O.L.S.

  47 A reference in any Act or regulation to a surveyor or an Ontario land surveyor licensed or registered under this Act or to an Ontario Land Surveyor shall be deemed to be a reference to a member of the Association licensed to engage in the practice of cadastral surveying to the extent permitted by that licence. R.S.O. 1990, c. S.29, s. 47; 2025, c. 17, Sched. 4, s. 28. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 4, s. 28 - 01/01/2026 ______________

• 47.