2010 - Dual Plan Registration

 

     With the grandeur of the 100th annual general meeting now behind it, the Association returned to the reality of an economy in recession. Land surveyors from other jurisdictions were no longer flocking to Alberta but Alberta Land Surveyors were taking advantage of labour mobility and heading elsewhere.

Post sales, which had reached a height of 295,540 during the boom of 2005-2006, were projected to fall to 130,000 in 2009-2010 and the membership demanded that a contingency plan be put in place if sales fell a further 25% beyond that.

Clearly, something had to change and a plan was put in place to keep a tight control on expenses. First, non-statutory committees were allowed one face-to-face meeting per year but all others were held online. Regional meetings were reduced from three per location to two. Public awareness initiatives, such as a barbecue for first-year University of Calgary students and the Trig-Alta math contest for high school students were both cancelled. Two Association staff contracts were not renewed; one staff member quit; they were not replaced.

By the end of the fiscal year, post sales were 116,130. Cost savings, increased membership dues and a healthy return on investments kept the Association from bleeding red ink in 2009-2010.

The Alberta Land Surveyors’ Association had more than money matters on its mind that year. Systematic Practice Review was struggling to keep up as the membership had grown by 50% since the program first started in 1994 and there had been tremendous difficulty finding staff. Meanwhile, a year earlier, the membership had approved a recommendation encouraging members to submit information regarding their professional development activities on a voluntary basis with a view to introducing mandatory reporting in the next one-to-three years.

Council decided to tackle both issues at the same time by forming the Continuing Competency Working Group, chaired by Connie Petersen, with members from both the Practice Review Board and the Professional Development Committee. The group decided to combine the best parts of practice review and continuing education into one program that would be streamlined, cost-effective and sustainable. The result was a new Continuing Competency Review program that would come into effect June 1, 2010. The new program was designed to be ALS-based instead of office-based. When the Alberta Land Surveyor’s name was selected, the land surveyor would be asked to complete an online questionnaire that covers practice review, education & training, professional association involvement and other accomplishments. While the cost to run the new Continuing Competency Review program was expected to be similar to Systematic Practice Review (approximately $350,000 per year), the number of reviews completed each year was expected to grow substantially.

However, the most controversial topic and what devoured most of Council’s time this year was an issue that came to be known as dual plan registration.

When a statutory monument is placed by a land surveyor for Sustainable Resource Development surveys, must a plan be registered at the Land Titles Office? Many Alberta Land Surveyors and the Association’s solicitor said yes. The Director of Surveys and Alberta Justice said no. Council was then left with the difficult task of trying to reconcile the two opinions. Which one should be followed? Council members spent plenty of time over several Council meetings trying to deal with these questions and searching for the right answers and a clear solution.

Council considered several alternatives to try to get clarity on this matter. Some alternatives included getting a court decision and approaching the Minister of Sustainable Resource Development. Involving the court for a declaratory judgement and approaching the Minister were eventually ruled out.

In the end, Council decided not to contest the Government of Alberta on the issue. It was apparent that the Surveys Act was not clear on this question and that the membership had differing interpretations of the Act and the intent of the Act. Possibly these could not be easily resolved even by amending the Act.

If Alberta Land Surveyors wanted to continue to register plans at both Sustainable Resource Development and Land Titles, they could do so. However, Council was of the opinion that should Alberta Land Surveyors only file with Alberta Sustainable Resource Development, it will be deemed that Alberta Land Surveyors have met their legal obligations under the Act, as explained in the Government of Alberta opinion.

On the national scene, things were changing too. It was decided that the Canadian Council of Land Surveyors needed to be replaced with a new organization. Many provincial associations had become disillusioned with CCLS and CCLS did not have the funding sources it felt it needed to undertake national initiatives.

The new organization became known as Professional Surveyors Canada (PSC). The focus of the new PSC would be member driven. While the provincial associations mandate is protection of the public, registration, peer review and discipline, PSC would be a voice and platform for all registered surveyors across Canada. It would also deliver member specific services which may fall outside the scope of the provincial associations or that are not financially viable at a smaller scale.

The new Professional Surveyors Canada would not be responsible for boundary uncertainties; that would remain in the hands of the self-governing associations. In Alberta, the Association had more than enough funds to deal with boundary issues thanks to the surcharge on iron post and marker post sales even if post sales were down. The Alberta Land Surveyors’ Association, however, did not have the volume of cases it expected and was not able to deal with them as efficiently as hoped. So Council decided to hire a consultant to figure out why.

Although the Association was clearly looking to the future, it had not forgotten its past. The former Banff home of A.O. Wheeler was set for demolition by Parks Canada. The home had long been left vacant and was deemed to be in a protective wildlife corridor. The Association worked with the Association of British Columbia Land Surveyors and descendents of the founding president of the Alpine Club of Canada to see if the home could be saved.

As the year wound down, the Association reached 400 Alberta Land Surveyors for the first time in its history and there were still a strong number of students in the articling system. there was no doubt that the Association’s second 100 years was going to be as full of change as the first.

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