Only holders of a valid Certificate of Authorization (C of A), issued by the Registrar of the Association of Ontario Land Surveyors, may offer Cadastral (Legal Boundary) surveying services to the public.

The Registrar may issue a C of A to a member, a partnership of members, or a corporation of which 50% of the Board of Directors are licensed Ontario Land Surveyors. The primary function of the corporation must be to engage in the business of providing services that are within the practice of cadastral surveying. Normally surveyors require five years of experience immediately prior to being issued a C of A.

Persons wishing to practice cadastral (legal boundary) surveying in Ontario must hold a licence issued by the Association of Ontario Land Surveyors.

Professional membership in the Association requires completion of a baccalaureate-level program in professional surveying (often referred to as Geomatics), approved by the Association’s Academic and Experience Requirements Committee (AERC), or a course that is in the opinion of the AERC equal in content and level of difficulty, or experience and knowledge that provides equivalent competencies to such an academic program.

This is followed by a term of articles of up to 1-1/2 years during which applicants work for an Ontario Land Surveyor to gain practical experience. A professional entrance examination must be successfully completed at the end of articles.

Once becoming a member, a surveyor must continue a course of continuing professional development.

Within every three years a surveyor must:

1. Complete at least 36 hours of continuing education courses relating to the practice of professional surveying that are offered by the Association or approved by the Council

2. Participate in at least 66 hours of professional activities that support the profession of professional surveying, that are approved by the Council and that may include: a) Attendance at Association meetings or meetings of Association committees or other professional organizations; b) Participation in Association committees or other related professional organizations; c) Publication of works relating to the profession or presentations of papers relating to the profession; and d) Independent learning and self-study activities.

Every Surveyor practicing in Ontario is bound by law to adhere to a set level of competence and ethical behavior. These guidelines are set out in Ontario Regulation R.R.O.1026 under the Surveyors Act R.S.O. 1990, c.5, Ch.29 ( a statute of The Government of Ontario). They are defined by a high level Code of Ethics along with more specific Standards of Practice.

Code of Ethics

33. (1) Members shall abide by the code of ethics of the Association. R.R.O. 1990, Reg. 1026, s. 33 (1).

(2) The code of ethics of the Association requires that every member shall,

(a) conduct his or her professional and private affairs in such a manner as to maintain public trust and confidence in the profession;

(b) abide by the standards of practice prescribed herein;

(c) follow a program of continuing education and maintain a level of proficiency that will meet the needs of the public;

(d) preserve the confidence of clients and regard as privileged information obtained in respect of clients’ affairs;

(e) ensure that clients are aware of the complexity of a project and the nature of fees for service;

(f) accept a project only when sufficient time and resources are available to permit completion of the project within a reasonable time frame or in accordance with any contractual timeline;

(g) inform the client at the earliest opportunity of any circumstances that will compromise the member’s ability to meet the scheduling and deadline requirements for the project or deliverable, and ensure that both the client and member are aware of the revised scheduling associated with the project or deliverable;

(h) when signing a survey plan, project or deliverable, include a statement that certifies that the plan, project or deliverable complies with all relevant legislative requirements and all standards of the Association; and

(i) not receive compensation for the same service from more than one person without the consent of the persons involved. R.R.O. 1990, Reg. 1026, s. 33 (2); O. Reg. 327/12, s. 11; O. Reg. 506/21, s. 12.

All surveyors must abide by standards of practice which are defined by regulations under the Surveyors Act. Additionally Section 34(1) of the Surveyors Act requires high level standards of practice.

There are two regulations that define standards of practice, Ontario Regulation 216-10, which defines general performance standards and Ontario Regulation 525 that defines monumentation requirements.

Ontario Regulation 216/10 contains general requirements that address project standards, client relations, quality assurance and record keeping. It also contains cadastral (legal surveying) standards pertaining to field surveys, plan preparation, and integration with coordinate systems. Lastly it contains specific standards for geodetic, hydrographic and photogrammetric surveying along with geographic information management.

Ontario Regulation 525 defines the monuments that surveyors need to set when completing a variety of different surveys. Survey monuments include: concrete pins, cut crosses, iron bars, plastic bars, rock bars, rock plugs, rock posts, short standard iron bars and standard iron bars. They are normally stamped with a surveyors' identification.

34. (1) Professional members shall maintain the standards of practice prescribed by this section in the performance of their practice of professional surveying. R.R.O. 1990, Reg. 1026, s. 34 (1); O. Reg. 218/10, s. 17 (1); O. Reg. 327/12, s. 12 (1).

(2) The standards of practice of the Association require that,

(a) every professional surveying office that operates under the authority of a certificate of authorization shall be operated and supervised on a full-time basis by a professional member or professional members of the Association qualified in the professional surveying services offered;

(b) no professional member shall hold himself or herself out as carrying on the practice of professional surveying from more than one office unless specifically authorized by the Registration Committee;

(c) no partnership or corporation authorized to practice the profession of surveying shall list a professional member as being in charge of more than one office unless specifically approved by the Registration Committee;

(d) no professional member shall enter into or continue to practise professional surveying in a partnership unless all of the partners are professional members;

(e) no professional member shall act as a servant or agent of a person who is not a professional member so as to enable the person to offer professional surveying services to the public;

(f) every member shall pay within the time specified in the Act, regulations or by-laws of the Association all premiums, levies, deductible amounts under professional liability insurance or any other financial obligations owed to the Association;

(g) every member shall comply with any written or oral request received from the Association, the Registrar, the presiding officer of any committee of the Association within the time specified in the request and shall supply such information and copies of such material, other than material concerning a member’s health or financial status, as may be requested;

(h) every professional member shall report to the Registrar any gross or consistent practice or omission of another professional member, of which the member is aware, that may constitute professional misconduct or incompetence;

(i) every professional member shall keep and make available to his or her client, on request, an itemized and accurate record of the cost of a project;

(j) no professional member shall pay a commission in respect of a project or offer or agree to divide his or her remuneration with another person in respect of a project unless the other person has participated in completing the project;

(k) every professional member shall participate in the professional development program described in section 41; and

(l) every licensed member shall conduct every survey in an impartial manner. R.R.O. 1990, Reg. 1026, s. 34 (2); O. Reg. 76/04, s. 7; O. Reg. 218/10, s. 17 (2, 3); O. Reg. 327/12, s. 12 (2-5).

Pursuant to Sec. 6, Surveys Act, a licensed Ontario Land Surveyor or a person in the surveyor’s employ while making a survey may,

(a) at any time enter and pass over the land of any person; or

(b) at any time suitable to the occupant of a building enter the building,

and do any act thereon or therein for any purpose of the survey, but the surveyor is liable for any damage occasioned thereby.

Every person who interferes with or obstructs a surveyor or a person in the surveyor’s employ is guilty of an offence and on conviction is liable to a fine of not more than $100.

Surveyors should exercise every discretion and caution in exercising this right.

Right of Entry

The following is an excerpt from AOLS Members Bulletin 2005-01 and represents Association Policy concerning the right to enter private property.

Section 6(1) of the Surveys Act does allow a licensed surveyor, or a person in the surveyor's employ, while in the performance of a cadastral survey, to enter and pass over the land of any person at any time, or to enter into a building, at a time suitable to the occupant. However, the surveyor is responsible for any damage resulting from his or her actions.

Section 1 of the Surveys Act defines surveyor as: "surveyor" means an Ontario land surveyor licensed under the Surveyors Act.

The AOLS recommends to its members that they attempt to contact the owner or occupant before entering a property. This is not always possible or practical, and the surveyor may have to complete the work without advising the owner. Surveyors or their employees are expected to identify themselves or provide contact information for the surveyor if requested to do so.

Right of entry does not allow right of anonymity. Persons must identify themselves accurately when asked. The project manager or party chief should be equipped with business cards and door hangers. If your vehicle is not identified with permanent corporate logo and coordinates, ensure that identification information is placed in the vehicle where visible. Right of entry does not necessarily allow right of entry for vehicles and parking of vehicles on property.

Representatives of Ontario Land Surveyors should consider themselves as proxies of the Ontario Land Surveyor and behave in a professional manner in speech, actions and personal appearance. The well-kept appearance of the vehicle in which the field crews arrive is also important to creating impressions of professionalism in the field. Answers to questions should be polite and respectful.

Right of entry does not preclude right of the person to privacy and safety of their property. When exiting a site, it should be left the way it was found in appearance. Temporary markers left on site should be explained to owners and permission asked to leave them until crews return to complete the work.

The AOLS is the regulatory agency and cannot advise property owners as to their specific property boundaries. It is necessary to employ an Ontario Land Surveyor to research the issues and prepare the appropriate survey and report. Surveyors provide expert opinions of the locations of your boundaries.

The legal rights and interests in property are sometimes complex and span the expertise of both surveyor and solicitor. In these instances, it will be necessary for the surveyor to work together with the client's solicitor, and as a team, they can best advise the client.

When differing surveys become known, the surveyors can often resolve the matter and issue new plans and reports. Where surveyors disagree on the location of the boundary and cannot resolve the issues, only a Court or a Boundaries Act tribunal can make a final determination about the true location of a boundary.

For more information on the Boundaries Act see the Boundaries Act Client Guide.

Unlicensed People Offering Surveying Services:

One of the responsibilities of the AOLS is to protect the public from unlicensed practitioners offering to provide cadastral surveying services. If you are suspicious of a person who claims to be a surveyor, offering to establish legal boundaries (including the marking of your property for fencing purposes) or prepare survey plans, ask for identification. If the person cannot prove that they are a member of the Association of Ontario Land Surveyors, or are working for a member, please note the name of the person and contact the Registrar at the Association office.

Unlicensed practitioners do not carry liability insurance and may leave you subject to serious financial liabilities.

By law, only licensed members of the Association of Ontario Land Surveyors can carry out cadastral surveys in the Province of Ontario. Under the Surveyors Act:

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 under this Act. 2009, c. 33, Sched. 22, s. 11 (14).

“Practice of cadastral surveying” means advising on, reporting on, conducting or supervising the conducting of surveys to establish, locate, define or describe lines, boundaries or corners of parcels of land or land covered with water; (“exercice de la profession d’arpenteur cadastral”)

If you suspect someone is offering Boundary Opinions / Marking Lines / or other Surveying services, please report this to the AOLS to ensure the public is protected.