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1959 - The 50th
At that meeting, the members discussed the proposed
amendment and after making it evident that some differences of opinion existed
as to how far the personal supervision requirement should be relaxed, handed the
problem back to the Council for another try at a suitable amendment. Eventually,
the Director of Surveys took this bull by the horns - as he was entitled to do,
since he and not the Association had charge of the administration of that
particular Act - and recommended to the government an amendment which was
substantially the same as the Council had originally drafted. This amendment was
passed by the Legislature in 1960, and the problem appears to have thus been
satisfactorily solved.
The 1959 Annual Meeting, scheduled as the Association's fiftieth anniversary
meeting, was not made an occasion for any special celebration, perhaps because
there was some doubt about the actual date when the Association had officially
come into existence; it depended on whether or not the unrecorded first meeting
in 1910 should be counted as No. 1. At any rate, a record number of 66,members
were in attendance at the 1959 meeting, and the occasion was marked by the
election of Messrs. A.G. Stewart,
W. Muir Edwards and
J.F. Hamilton to life
membership. Otherwise, except for the personal supervision question, no special
problems or noteworthy new business arose, and the members were able to spend
ample time on the pleasant task of reviewing, improving and finally adopting a
revised tariff of fees that had been compiled by two committees of northern and
southern surveyors in 1953.
During the rest of the year, Association affairs were not conspicuously active,
but the volume of routine business requiring the attention of the Council and
the Secretary maintained its steady growth, and the standing committees were
kept normally busy. By this time, the general development of the province had
begun to slow down a little and there had been some relaxation in the pressure
of survey work. Established firms were still fairly busy, but there were fewer
opportunities for new surveyors to gain a firm foothold in private practice.
However, although some of the newer members had turned from land surveying to
other lines of work, there were still no signs of any reduction in the intake of
new members. During 1955 to 1959, an average number of nine new members were
registered annually, and new pupils were entering into articles at about the
same rate. In 1959, the register contained the names of 103 active members, 10
non-active members and 8 life members, and an annual net rate of about 4 per
cent in membership growth seemed to be indicated for the years ahead.
The most notable development of 1959 was the deliverance by the Deputy Attorney
General of an opinion on the law pertaining to water boundaries, which indicated
that, notwithstanding the provisions of the Public Lands Act, the rules of the
English common law still prevailed in Alberta and had been consistently upheld
by the courts. This meant that the Department of Lands and Forests would have to
reverse the principles by which its administrative actions in connection with
riparian rights had been guided for many years. There was no little departmental
concern over this because it was feared that past decisions based on those
principles that were now declared to be erroneous might leave the Department
open to lawsuits. A large meeting of senior government officials was held in
December 1959, to consider the implications of the Deputy Attorney General's
opinion, but the only conclusion that could be reached was that the Department
of Lands and Forests and the Land Titles Offices and other government agencies
concerned with boundary questions would have to re-adjust their administrative
approach to the status of water boundaries and hope that nobody would sue them
for anything they had done in the past.
That course was eventually followed, and even though all aspects of this
vexatious and complicated question have not yet been finally resolved, the
principles at least have been settled and most of the old difficulties that left
the land surveyors in doubt about the definition of water boundaries have now
been removed. The outcome of this affair was a matter of gratification for the
members at the 1960 Annual Meeting, and the Association felt that it could take
some credit for having prompted the study of the question which had produced
that result.
Back - 1958 -
Water Boundary Struggles
Forward - 1960 -
A Professional Outlook |