FEDERAL REG

SOR/2016-270: Canada Lands Surveyors Regulations — Regulations Amending Canada Lands Surveyors Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
October 13, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Canada Land Surveyors (CLS) can only transact in hard-copy format for official survey documents. This regulatory amendment will allow the licensed members of the Association of Canada Lands Surveyors (ACLS) to use a secure electronic signature to certify the documents and drawings that are to be submitted... (Click for more)


House

1st Reading 2nd Reading 3rd Reading

Senate

1st Reading 2nd Reading 3rd Reading

Published on October 13, 2016

Bill Summary

SOR/2016-270: Canada Lands Surveyors Regulations — Regulations Amending Canada Lands Surveyors Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Canada Land Surveyors (CLS) can only transact in hard-copy format for official survey documents. This regulatory amendment will allow the licensed members of the Association of Canada Lands Surveyors (ACLS) to use a secure electronic signature to certify the documents and drawings that are to be submitted to the Surveyor General Branch (SGB). Background The SGB is responsible for regulating survey work and preserving all official/authoritative copies of survey records (survey plans, journals, field notes, and other papers) relating to the Canada Lands Survey System (CLSS). These activities are mandated by the Canada Lands Surveys Act (R.S.C., 1985, c. L-6), section 3. The Canada Lands Surveyors Regulations establish procedures for the admission and qualifications of candidates to obtain a commission to practice cadastral surveying on Canada lands. They also establish procedures that regulate the conduct of the members of the ACLS, and the certification of documents and drawings. Currently, documents and drawings are submitted to the SGB in hard-copy format and are distributed for signature, agency by agency. Once all of the requisite signatures have been obtained, the hard-copy survey plan is recorded in the Canada Lands Survey Records. The SGB has been investigating a transformation of the Canada Lands Survey Records into a numeric environment. The “e-recording” project is one component of this proposed transformation. E-recording would add to the current model of hard-copy survey plans and allow consideration of digital records. Objectives The objective is to transition to this process to enable transactions in a secure electronic environment. The Regulations are amended to permit the certification of documents and drawings that are in electronic format by means of a secure electronic signature. Description Adding another option to the current physical certification of survey plans with the secure electronic signature Originally, surveyors would submit an original survey plan completed by hand with pigment ink and the actual associated survey documents. Over time, and with the prevalence of technology, instead of hand-drawn survey plans, they are now prepared using computer-assisted drawing software. Surveyors then print the drawings on Mylar, sign (wet ink) and seal them. Once submitted, the original plan and other survey documents are processed through a standardized workflow to ensure they meet the standards or general instructions imposed under the CLSS. In addition, copies of the original plan and other survey documents are sent to agencies for approval when pre-existing agreements are in place. The plan is approved once it conforms to the standards. This document is therefore considered an official/authoritative survey record. The amendment allows the licensed members of the Association to use a “secure electronic signature” to certify the survey plans and the “electronic” documentation of the surveys that are to be submitted to the SGB. The amendment will streamline the processing of survey documents for recording in the Canada Lands Survey Records system, maintained and managed by the SGB. Features of a “secure signature” will provide Canada lands surveyors with more confidence that their documents will not be altered after they have been submitted and that if they are altered in some way, the alteration can easily be detected. Survey records are used by land administrators (Natural Resources Canada, Indigenous and Northern Affairs Canada, Parks Canada, and land titles offices for the three territories) to grant property rights as the land tenure requires. “One-for-One” Rule The proposed regulatory amendment is considered an “OUT” under the “One-for-One” Rule. Administrative cost decrease This table presents annualized administrative cost decrease. Annualized administrative costs (constant $2012) −$12,335.00 Annualized administrative costs per business (constant $2012) −$72.00 Assumptions associated with administrative cost decrease This table presents the assumptions associated with an administrative cost decrease. "IN" Voluntary use of tool: 1 hour Web/tool workshop (industry already using computer design rather than paper) "IN" Time = 10 minutes (writing of a text, attachments, etc.) Frequency = number of submissions / number of CLS (number of submissions takes into account about 10% for errors and resubmission: 1 325 plans submitted + 10% = x) "OUT" Time = 45 minutes (processing, printing, postage/sending, etc.) Frequency = number of submissions / number of CLS (number of submissions takes into account about 10% for errors and resubmission: 1 325 plans submitted + 10% = x) The ACLS membership strongly endorsed the amendment in a vote (required a minimum of 2/3 majority), and did not have any comments on the administrative savings estimates. Consultation Annual general meeting (AGM) Existing committees of the ACLS have developed the proposed process in consultation with their members and Natural Resources Canada. The proposed amendment was presented at the AGM of the Association on May 5, 2016, and ACLS members endorsed the proposed amendment three weeks after their annual general meeting. The Association’s Council adopted the Regulations as approved by the Association membership on June 20, 2016. Canada Gazette The proposed amendments were prepublished in the Canada Gazette, Part I, followed by a 30-day comment period. No comments were received from the general public. Rationale Permitting the certification of documents and drawings that are in electronic format is expected to have an economic benefit by not delaying major commercial or industrial projects or other initiatives. Additionally, a paperless system is a good way to reduce waste and is consistent with federal sustainable development goals. This system will have positive impacts on the environment and will be beneficial to society. Implementation, enforcement and service standards The proposed amendment will be submitted to the Minister for approval and publication in the Canada Gazette, Part II. Contacts Jean Gagnon Regional Director Earth Sciences Sector Natural Resources Canada Telephone: 343-292-6642 Cell: 613-299-9890 Email: [email protected] José M’Bala, PhD, CLS / ATC Geomatics Policy and Planning Advisor Surveyor General Branch Natural Resources Canada Cell: 613-219-2636 Email: [email protected] Footnote a S.C. 1998, c. 14 Footnote b S.C. 1998, c. 14 Footnote 1 SOR/99-142

This Bill does not amend any statutes.

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