Code Of Ethics

Question 1

Code of Ethics (all)

Answer 1

Protect the safety, health, and welfare of the public, and those in the workplace;

At all times act in good faith and impartially, ensuring that the member’s obligation to serve and protect the survey fabric and society takes precedence over a client’s personal interests;

Undertake sufficient direct personal supervision and due diligence for any work performed by or on their behalf;

Maintain the confidentiality of all information concerning the affairs of the client or employer acquired through the professional relationship unless disclosure is expressly authorized or required by law;

Avoid real or perceived conflict of interest, promptly disclose conflicts when identified, and take all measures appropriate to ensure that members remain unbiased in the exercise of professional judgement;

Practice and provide services only in those areas where the member has or can acquire the skills, knowledge, and resources necessary to complete the assignment;

Maintain technological and professional competence in all areas of practice where services are provided;

Conduct their professional and personal affairs in a manner that will maintain and enhance the public’s trust and confidence in the member and the profession;

Observe all relevant provincial and federal legislation and regulations, including applicable local bylaws, the Survey and Plan Rules, case law, and the common law;

Follow all applicable standards, policies, procedures, and practices established by government, the LTSA, and the ABCLS;

Be civil and courteous in all dealings with clients, colleagues, and others;

Accurately represent their qualifications and experience;

Provide professional recommendations that clearly distinguish between facts, assumptions, and opinions;

Clearly communicate to clients and others the potential implications of disregarding professional recommendations;

Give credit where it is due and accept, as well as give, honest and fair professional comment;

Take the utmost care to protect the environment while carrying out professional activities; and

Report to the ABCLS and any other appropriate authority if the member, on reasonable and probable grounds, believes that the continued regulated practice by another member poses a significant risk to the public.

Question 2

Access to Abortion Services Act SS.13

Answer 2

Plan

13(1)A plan prepared by a British Columbia land surveyor showing the location of an access zone is, without proof of the signature or official character of the surveyor, evidence of the information set out in the plan, including, without limitation, information

(a)required by the regulations to be set out in the plan,

(b)referred to in the surveyor’s certification under subsection (3),

(c)respecting a measurement, or

(d)respecting a boundary, survey marker, building, doorway, hallway, stairway, elevator, sidewalk, road, fence, utility pole, tree or any other human made or natural feature related to

(i)the access zone,

(ii)the parcel to which the access zone relates or an adjacent parcel, or

(iii)an area in or near the access zone that is not part of the access zone.

(2)The location of a feature referred to in subsection (1) (d) shown on a plan produced in a prosecution of an offence under this Act is presumed, in the absence of evidence to the contrary, to be the location of that feature at the time the offence was committed.

(3)A plan under subsection (1) must include the surveyor’s certification that

(a)the surveyor is a British Columbia land surveyor,

(b)the surveyor was present at and personally conducted or supervised the survey represented by the plan, and

(c)the survey and plan are correct and meet any requirements prescribed by regulation under this Act.

(4)With leave of a court, a defendant against whom a plan is produced may require, for the purposes of cross examination, the attendance of the land surveyor who prepared the plan.

(5)A plan under subsection (1) must not be received in evidence unless, before the trial, the defendant has received reasonable notice that the plan will be introduced and has received a copy of the plan.

Question 3

Access to Abortion Services Act
Parcel def.

Answer 3

“parcel” means

(a)land shown in a strata plan deposited in a land title office, or

(b)land within the boundaries of a lot, block or other area into which land is subdivided that is shown on a plan deposited in a land title office, other than a strata plan

Question 4

BC Railway Act s.34

Answer 4

Expropriation
34 (1)The company may expropriate, acquire, use and enjoy land, and the right of way to it if separated from the railway, and may dispose of that land or parts of it as it believes expedient if it is necessary to acquire the land for any of the following purposes:

(a)terminals;

(b)stations;

(c)gravel pits;

(d)to construct, maintain or use the railway;

(e)to open a street to a station from an existing highway;

(f)any other purpose connected with the railway.

(2)For the purpose of the railway. the company may use and dam the water of any stream or watercourse over or near which the railway passes, not being navigable waters.

(3)If the company uses its powers under subsection (2) it must not do any unnecessary damage and must not impair the usefulness of the stream or watercourse.

(4)The arbitration provisions of the Railway Act apply if property is sought to be taken or if damage is claimed to have been done by the company under this section or section 36.

Question 5

BC Transit Act S.9

Answer 5

Expropriation of property
9 Subject to the Expropriation Act, the authority may expropriate any land that the authority considers necessary for its purposes.

Question 6

Civil Resolution Tribunal Act
Division 4 (120)

Answer 6

Division 4 — Strata Property Claims

Meaning of words and expressions in Division — strata property claims

120In this Division, words and expressions have the same meaning as in theStrata Property Actor a regulation under that Act.

Question 7

Civil Resolution Tribunal Act
Division 4 (123)

Answer 7

Division 4 - Strata Property Claims

Orders available in strata property claims
123 (1)In resolving a strata property claim, the tribunal may make one or more of the following orders:

(a)an order requiring a party to do something;

(b)an order requiring a party to refrain from doing something;

(c)an order requiring a party to pay money.

(2)In resolving a strata property claim described in section 121 (1) (e) to (g), the tribunal may make an order directed at the strata corporation, the council or a person who holds 50% or more of the votes, if the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights.

(3)Despite subsections (1) and (2), the tribunal may not make the following orders:

(a)an order requiring the sale or other disposition of a strata lot;

(b)an order in a class of orders prescribed by regulation.

Question 8

Civil Resolution Tribunal Act
Division 4 (121)

Answer 8

Division 4 — Strata Property Claims

Claims within jurisdiction of tribunal for strata property claims
121 (1)Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim, in respect of the Strata Property Act, concerning one or more of the following:

(a)the interpretation or application of the Strata Property Act or a regulation, bylaw or rule under that Act;

(b)the common property or common assets of a strata corporation;

(c)the use or enjoyment of a strata lot;

(d)money owing, including money owing as a fine, under the Strata Property Act or a regulation, bylaw or rule under that Act;

(e)an action or threatened action by a strata corporation, including the council, in relation to an owner or tenant;

(f)a decision of a strata corporation, including the council, in relation to an owner or tenant;

(g)the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

(2)For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.

Question 9

Coal Act
S.17

Answer 9

Lease location
17 (1)The boundaries of a lease location must conform to the boundaries of licence locations.

(2)The lease location may contain one or more units.

(3)The minister may require an applicant under section 18

(a)to have the lease location surveyed by a British Columbia land surveyor, and

(b)to file a copy of the survey notes and plots of the survey with the Surveyor General.

Question 10

Coal Act
S.24

Answer 10

Survey rules
24 The Association of British Columbia Land Surveyors may make rules under section 75 of the Land Surveyors Act respecting the surveying of land and locations under this Act.

Question 11

Coal Act Regulation
S.1

Answer 11

Definitions
1 In this regulation:

“Act” means the Coal Act;

“chief gold commissioner” means the chief gold commissioner under the Mineral Tenure Act;

“coal exploration and development lands” means the location or freehold land to which information and data requirements relate, excluding the area of an approved mine plan;

“exploration and development” means, in relation to coal exploration and development lands,

(a)prospecting or geological, geophysical or geochemical investigations carried out underground or on the surface,

(b)rotary, percussion or diamond drilling, and logging and sampling in relation to that drilling,

(c)excavation of open pits, stripping, trenching or driving adits, inclines or shafts for the purpose of sampling or geological investigation,

(d)sampling of coal seams for the purpose of physical and chemical analysis, the resulting analyses, investigations, beneficiation and any tests to evaluate coking properties, and the results and interpretation of any of those activities,

(e)reclamation and environmental activities,

(f)construction of trails, roads, drilling sites, construction and use of on-site core storage facilities, helicopter or fixed wing landing sites or railways that are within or that connect with a licence or lease or any freehold land,

(g)a photogeological interpretation that is an adjunct to other exploration and development,

(h)airborne geophysical surveys by recognized methods covering any part or all of a licence, lease or freehold land and any area of contiguous land,

(i)topographical and aerial surveys to record and correlate the results of work or to establish the position of work in relation to the boundaries of a licence, lease or freehold land,

(j)boundary surveys of licences, leases and freehold lands,

(k)any other investigation that is conducted as an adjunct to other exploration and development;

“freehold land” means land, other than coal land, on which a person is exploring for, developing or producing coal;

“mine plan” means the plan referred to in section 10 of the Mines Act;

“National Instrument 43-101” means Standards of Disclosure for Mineral Projects published by the Canadian Securities Administrators;

“sample” means any material collected for analysis, testing or investigation.

Question 12

Community Charter
Division 3 -S.26

Answer 12

Division 3 — Municipal Property

Notice of proposed property disposition
26 (1)Before a council disposes of land or improvements, it must publish notice of the proposed disposition in accordance with section 94 [public notice].

(2)In the case of property that is available to the public for acquisition, notice under this section must include the following:

(a)a description of the land or improvements;

(b)the nature and, if applicable, the term of the proposed disposition;

(c)the process by which the land or improvements may be acquired.

(3)In the case of property that is not available to the public for acquisition, notice under this section must include the following:

(a)a description of the land or improvements;

(b)the person or public authority who is to acquire the property under the proposed disposition;

(c)the nature and, if applicable, the term of the proposed disposition;

(d)the consideration to be received by the municipality for the disposition.

Exchange or other disposal of park land

Question 13

Community Charter
Division 3 -S.27

Answer 13

Division 3 — Municipal Property

Exchange or other disposal of park land

27(1)This section applies to land vested in a municipality under

(a)section 29[subdivision park land]of this Act,

(b)section 510 (13)[provision of park land in relation to subdivision]of theLocal Government Act, or

(c)section 567 (5) (a)[provision of park land in place of development cost charges]of theLocal Government Act.

(2)A council may, by bylaw adopted with the approval of the electors,

(a)dispose of all or part of the land in exchange for other land suitable for a park or public square, or

(b)dispose of the land, provided that the proceeds of the disposal are to be placed to the credit of a reserve fund under section 188 (2) (b)[park land acquisition reserve fund].

(3)Land taken in exchange by a municipality under this section is dedicated for the purpose of a park or public square and the title to it vests in the municipality.

(4)A transfer of land by a municipality under this section has effect free of any dedication to the public for the purpose of a park or a public square and section 30 (3)[removal of park dedication]does not apply.

Question 14

Community Charter
Division 3 - S.28

Answer 14

Division 3 — Municipal Property

Disposal of water systems, sewage systems and other utilities

28(1)This section applies to works for one or more of the following:

(a)the supply, treatment, conveyance, storage and distribution of water;

(b)the collection, conveyance, treatment and disposal of sewage;

(c)the supply and distribution of gas or electrical energy;

(d)a transportation system;

(e)a telephone system, closed circuit television system or television rebroadcasting system.

(2)A council has unrestricted authority to dispose of works referred to in subsection (1) if

(a)the works are no longer required for the purpose described in subsection (1), or

(b)the works are disposed of to another municipality in the same regional district or to the regional district.

(3)In the case of works referred to in subsection (1) (a) or (b) that are used by a municipality to provide a water or sewer service, the council may only dispose of the works if

(a)an agreement under which the water or sewer service will continue for a period specified in the agreement is in effect, and

(b)the intended disposition and agreement receives the assent of the electors.

(4)In the case of works other than those referred to in subsections (2) and (3), the council may only dispose of the works with the approval of the electors.

Question 15

Community Charter
Division 3 - S.29

Answer 15

Division 3 — Municipal Property

Municipal ownership of subdivision park land

29(1)Land in a municipality that is dedicated to the public for the purpose of a park or a public square by a subdivision plan, explanatory plan or reference plan deposited in the land title office is vested in the municipality for that purpose.

(2)The vesting under subsection (1) is subject to the exceptions described in section 107 (1) (d) of theLand Title Actas if the vesting were under that section.

Question 16

Community Charter
Division 3 - S.30

Answer 16

Division 3 — Municipal Property

Reservation and dedication of municipal property

30(1)A council may, by bylaw, reserve or dedicate for a particular municipal or other public purpose real property owned by the municipality.

(2)As a restriction, a bylaw under subsection (1) that reserves or dedicates property

(a)as a park or public square, or

(b)for purposes related to heritage or heritage conservation,

may only be adopted by an affirmative vote of at least 2/3 of all the members of council.

(3)A bylaw that removes a reservation or dedication referred to in subsection (2) may only be adopted with the approval of the electors.

(4)A bylaw that removes a reservation or dedication under subsection (1), other than one referred to in subsection (2), may only be adopted after the council

(a)gives notice of its intention in accordance with section 94[public notice], and

(b)provides an opportunity for persons who consider that they are affected by the bylaw to make representations to council.

(5)Bylaws adopted or works undertaken by a council that directly affect property reserved or dedicated under this section must be consistent with the purpose for which the property is reserved or dedicated.

(6)A reservation or dedication under this section does not commit or authorize a council to proceed with implementation of the purpose for which the property is reserved or dedicated.

Question 17

Community Charter
Division 4 - S.31

Answer 17

Division 4 — Expropriation and Compensation

General expropriation power
31 (1)For the purpose of exercising or performing its powers, duties and functions, a municipality may expropriate real property or works, or an interest in them, in accordance with the Expropriation Act.

(2)Without limiting subsection (1), in addition to the rights conferred on licensees under sections 32 [licensee’s right to expropriate land] and 33 [licensee’s rights when owner refuses compensation] of the Water Sustainability Act, a municipality may expropriate

(a)a licence authorizing the diversion of water from a stream or an aquifer that is suitable for a water supply for the municipality, and

(b)any work constructed or used under authority of the licence.

(3)The powers under subsections (1) and (2) also apply to property outside the municipality for the purposes of

(a)a service provided by the municipality to an area outside the municipality, or

(b)establishing and managing quarries, sand pits or gravel pits to acquire material for municipal works.

Question 18

Community Charter
Division 4 - S.32

Answer 18

Division 4 — Expropriation and Compensation

Authority to enter on and use property
32 (1)Without limiting section 31 [expropriation power], a municipality may, for the purposes of one or more services of the municipality,

(a)enter on, break up, alter, take or enter into possession of and use real property, and

(b)construct works through, under or over real property.

(2)If a municipality provides a service outside the municipality, the power under subsection (1) applies to property outside the municipality in relation to that service.

(3)If a council considers that real property may be injuriously affected by the exercise of a council power, the municipality may enter on real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation.

(4)In addition to the authority under subsection (1) (b), a municipality may construct works through, under or over land adjoining a highway for the protection of the highway from damage by water.

(5)The authority under this section may be exercised without the consent of the owner of the property, subject to the restrictions established by section 16 [authority to enter on or into property].

Question 19

Community Charter
Division 4 - S.33

Answer 19

Compensation for expropriation and other actions
33 (1)Unless expressly provided otherwise, if a municipality expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

(2)If a municipality

(a)exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(b)exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.

(3)For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

(a)by agreement between the person claiming compensation and the municipality, or

(b)if no agreement is reached, by the Supreme Court.

Question 20

Community Charter
Division 4 - S.33

Answer 20

Compensation for expropriation and other actions
33 (1)Unless expressly provided otherwise, if a municipality expropriates real property or works under this or any other enactment, compensation is payable to the owners, occupiers or other persons interested in the property for any damages necessarily resulting from the exercise of those powers beyond any benefit that the person claiming the compensation may derive from the work resulting from the expropriation.

(2)If a municipality

(a)exercises a power to enter on, break up, alter, take or enter into possession of and use any property, or injuriously affects property by the exercise of any of its powers, and

(b)exercises a power referred to in paragraph (a) that does not constitute an expropriation within the meaning of the Expropriation Act,

compensation is payable for any loss or damages caused by the exercise of the power.

(3)For the purposes of subsection (2), compensation must be paid as soon as reasonably possible in an amount set

(a)by agreement between the person claiming compensation and the municipality, or

(b)if no agreement is reached, by the Supreme Court.

Question 21

Community Charter
Division 4 - S.34

Answer 21

Appropriation of stream channel or bed without compensation

34 (1)A council may appropriate the land constituting the channel or bed of a stream that passes through the municipality, without compensation to the owner, for the purpose of constructing one or more of the following:

(a)dikes;

(b)works to maintain the proper flow of water in a stream, ditch, drain or sewer in the municipality;

(c)works to reclaim or to protect part of the land mass of the municipality from erosion by action of the sea or a stream or by any other cause;

(d)works to protect all or part of the banks of the stream from erosion or damage;

(e)works to make a watercourse part of the municipal drainage system, whether the watercourse is on municipal land, private land or a highway;

(f)works through, under or over land adjoining a highway to protect the highway from damage by water.

(2)Before exercising the power under subsection (1), the council must, by bylaw, define the channel or bed of the stream.

(3)A certified copy of every bylaw under subsection (2), together with a plan showing the channel or bed of the stream as defined in the bylaw, must be filed in the land title office.