A-23, r. 3 - Code of ethics of land surveyors

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Full text
chapter A-23, r. 3
Code of ethics of land surveyors
LAND SURVEYORS — CODE OF ETHICS
Land Surveyors Act
(chapter A-23, s. 4)
A-23
Professional Code
(chapter C-26, s. 87)
C-26
September 1 2012
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “Order”: the Ordre des arpenteurs-géomètres du Québec; and
(b)  “client”: a person who has recourse to the professional services of a land surveyor, including an employer.
R.R.Q., 1981, c. A-23, r. 4, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. A-23, r. 4, s. 1.02.
1.03. Every land surveyor who carries on professional activities within a partnership or joint-stock company within the meaning of the Civil Code or referred to in Chapter VI.3 of the Professional Code (chapter C-26) and is a partner, shareholder, director or officer of a partnership or joint-stock company must take reasonable measures to ensure that the partnership or joint-stock company complies with the Land Surveyors Act (chapter A-23), the Professional Code and the regulations thereunder.
Practising the profession within a partnership or joint-stock company does not in any manner modify or reduce a land surveyor’s duties and obligations under the Land Surveyors Act, the Professional Code and the regulations thereunder.
O.C. 356-2008, s. 1.
DIVISION II
GENERAL DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC
2.01. The conduct of a land surveyor must be characterized by objectivity and intellectual honesty. His first and foremost duty is to serve the public.
R.R.Q., 1981, c. A-23, r. 4, s. 2.01.
2.02. A land surveyor must support every measure likely to improve the quality and availability of professional services rendered by the members of the Order.
R.R.Q., 1981, c. A-23, r. 4, s. 2.02.
2.03. A land surveyor must bear in mind the foreseeable effects that his professional activities may have on society.
R.R.Q., 1981, c. A-23, r. 4, s. 2.03.
2.04. A land surveyor must promote measures of education and information in the field in which he practises. Unless he has sound reasons to the contrary, he must also, in the practice of his profession, do what is required to ensure such education and information.
R.R.Q., 1981, c. A-23, r. 4, s. 2.04.
DIVISION III
DUTIES AND OBLIGATIONS TOWARDS CLIENTS
§ 1.  — General provisions
3.01.01. Before agreeing to provide professional services to a client, a land surveyor must bear in mind the extent of his proficiency, knowledge and the means at his disposal. The land surveyor must, in particular, limit the number of assignments he accepts at the same time taking the following factors into account:
(a)  the importance of the work;
(b)  the place where it will be carried out;
(c)  the qualifications of his staff;
(d)  the obligation to exercise the direct supervision required by each assignment.
R.R.Q., 1981, c. A-23, r. 4, s. 3.01.01.
3.01.02. A land surveyor must at all times respect a client’s right to consult another land surveyor or a member of another professional order and, if necessary, he must suspend work.
A land surveyor who foresees that essential aspects of all or a part of the services for which the land surveyor is being retained may be provided by another person must so inform the client.
R.R.Q., 1981, c. A-23, r. 4, s. 3.01.02; O.C. 356-2008, s. 2.
3.01.03. A land surveyor must not practise under physical or mental conditions likely to impair the quality of his services.
R.R.Q., 1981, c. A-23, r. 4, s. 3.01.03.
3.01.04. The land surveyor must endeavour to establish a relation of mutual trust between himself and his client. To this end, he must, in particular, establish a personal and direct relationship with his client while respecting the latter’s private life.
R.R.Q., 1981, c. A-23, r. 4, s. 3.01.04.
§ 2.  — Integrity
3.02.01. The land surveyor must discharge his professional duties with integrity.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.01.
3.02.02. A land surveyor must avoid any misrepresentation with respect to the land surveyor’s level of competence or the efficiency of services, those generally provided by the members of the profession or, where applicable, those generally provided by the persons who carry on their professional activities within the same partnership or joint-stock company as the land surveyor. If the good of the client so requires, he must consult a colleague, a member of another professional order or another competent person, or refer his client to one of these persons. However, if such consultation entails disbursements, he must obtain his client’s authorization beforehand.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.02; O.C. 356-2008, s. 3.
3.02.03. Before undertaking work, the land surveyor must, as far as possible, make sure that his client has been fully informed of the implications of the professional services required, in particular as regards the duration and volume of work and the approximate cost of such services.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.03.
3.02.04. The land surveyor must set out in a complete and objective manner to his client the nature and significance of the problem as he sees it on the basis of all the facts brought to his attention.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.04.
3.02.05. The land surveyor must endeavour to have full knowledge of the facts before expressing an opinion or giving advice.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.05.
3.02.06. The land surveyor must take the most appropriate steps to rectify, within a reasonable lapse of time, any error or omission he might have made while rendering a professional service.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.06.
3.02.07. A land surveyor must handle with care any property entrusted to him. The land surveyor may not lend it or use it for purposes other than those for which it was entrusted to him and must return it to its rightful possessor once the professional services have been performed.
A land surveyor who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that the partnership or joint-stock company complies with the requirements of the first paragraph when the property is entrusted to the partnership or joint-stock company in the performance of the professional services.
R.R.Q., 1981, c. A-23, r. 4, s. 3.02.07; O.C. 356-2008, s. 4.
§ 3.  — Availability and diligence
3.03.01. In the practice of his profession, the land surveyor must display reasonable availability and diligence.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.01.
3.03.02. In addition to opinion and advice, the land surveyor must provide his client with any explanation necessary to the understanding and evaluation of the services rendered him.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.02.
3.03.03. The land surveyor must give an accounting to his client when so requested by the latter.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.03.
3.03.04. The land surveyor must display objectivity when persons other than his clients ask him for information.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.04.
3.03.05. Unless he has sound and reasonable grounds to the contrary, a land surveyor may not cease to act for the account of a client. The following shall, in particular, constitute sound and reasonable grounds:
(a)  loss of the client’s confidence;
(b)  the fact that the land surveyor is in a situation of conflict of interest or in a situation such that his professional independence could be called in question;
(c)  the fact of being incited by the client to perform illegal, unfair or fraudulent acts;
(d)  refusal on the client’s behalf to pay for the part of the work already carried out where there was an agreement to that effect.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.05.
3.03.06. Before he ceases to work for a client, the land surveyor must forward an advance notice of withdrawal within a reasonable time and ensure that such termination of service is not prejudicial to his client.
R.R.Q., 1981, c. A-23, r. 4, s. 3.03.06.
§ 4.  — Liability
3.04.01. The land surveyor must, in the practice of his profession, completely bind his personal civil liability. He is thus prohibited from limiting that liability or, where applicable, the liability of the partnership or joint-stock company within which he carries on professional activities or that of another person who also carries on activities within the partnership or joint-stock company.
R.R.Q., 1981, c. A-23, r. 4, s. 3.04.01; O.C. 356-2008, s. 5.
§ 5.  — Independence and impartiality
3.05.01. The land surveyor must at all times safeguard his professional independence and avoid any situation in which he would be in conflict of interest.
Without restricting the generality of the foregoing, a land surveyor is in conflict of interest when the interests in question are such that he might tend to favour certain of them over those of his client or where his judgement and loyalty towards the latter might be unfavourably affected.
A land surveyor may not be party to an agreement under which the nature and extent of professional expenses may influence the quality of his professional activities.
In the same manner, a land surveyor may not be party to an agreement with another professional under which the nature and extent of the latter’s professional expenses may influence the quality of the land surveyor’s professional activities.
Every agreement entered into by a land surveyor or a partnership or joint-stock company in which the land surveyor is a partner or a shareholder in the practice of his profession must be entirely in writing and include a statement by the parties that the obligations under it comply with the provisions of this Code, and include a clause authorizing the communication of the agreement to the Order on request.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.01; O.C. 356-2008, s. 6.
3.05.02. The land surveyor must ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his client.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.02.
3.05.02.01. A land surveyor must subordinate his personal interests, those of the partnership or joint-stock company within which he carries on professional activities or has an interest and those of any person carrying on activities within the partnership or joint-stock company or not, to the interests of the client.
O.C. 356-2008, s. 7.
3.05.03. A land surveyor may share his fees only with a person with whom he is authorized to practise under the Regulation respecting the practice of the land surveying profession within a partnership or joint-stock company (chapter A-23, r. 7), or with a partnership with which the land surveyor is authorized to practise under that Regulation.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.03; O.C. 356-2008, s. 8.
3.05.04. A land surveyor may share his fees with a person referred to in section 3.05.03 only to the extent that such sharing corresponds to an apportionment of services and liability.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.04; O.C. 356-2008, s. 8.
3.05.05. A land surveyor shall not receive, other than the remuneration to which he is entitled, or pay or undertake to pay any rebate, commission or other benefit relative to the practice of his profession other than customary tokens of appreciation and gifts of small value.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.05; O.C. 356-2008, s. 9.
3.05.06. Except in the case of boundary determinations, the land surveyor must only accept fees from one source for a given professional service, unless explicitly agreed upon otherwise among all the parties concerned.
R.R.Q., 1981, c. A-23, r. 4, s. 3.05.06.
§ 6.  — Professional secrecy
3.06.01. The land surveyor must respect the secrecy of all confidential documents or information obtained in the practice of his profession.
R.R.Q., 1981, c. A-23, r. 4, s. 3.06.01.
§ 6.1.  — Lifting of professional secrecy to protect individuals
O.C. 830-2003, s. 1.
3.06.01.01. In addition to the cases provided for in section 3.06.02, a land surveyor may communicate information that is protected by professional secrecy to prevent an act of violence, including a suicide, where the land surveyor has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.
However, the land surveyor may only communicate the information to a person exposed to the danger or that person’s representative, or to the persons who can come to that person’s aid.
The land surveyor may only communicate such information as is necessary to achieve the purposes for which the information is communicated.
O.C. 830-2003, s. 1.
3.06.01.02. A land surveyor who, pursuant to section 3.06.01.01, communicates information protected by professional secrecy to prevent an act of violence must
(1)  communicate the information immediately;
(2)  enter the following particulars in the client’s record as soon as possible:
(a)  the reasons supporting the decision to communicate the information, including the name of the person who caused the land surveyor to communicate the information and the name of the person or group of persons exposed to a danger; and
(b)  the content of the communication, the mode of communication, and the name of the person to whom the information was given; and
(3)  send the syndic a notice regarding the communication that includes the particulars identified in paragraph 2.
O.C. 830-2003, s. 1.
3.06.02. The land surveyor may be released from professional secrecy only upon the written authorization of his client or when so ordered by law.
R.R.Q., 1981, c. A-23, r. 4, s. 3.06.02.
3.06.03. A land surveyor may not use confidential information obtained in the practice of his profession for his benefit, for the benefit of the partnership or joint-stock company within which he carries on professional activities or for the benefit of a person other than the client.
R.R.Q., 1981, c. A-23, r. 4, s. 3.06.03; O.C. 356-2008, s. 10.
3.06.04. A land surveyor may not agree to provide professional services if doing so entails or may entail the disclosure or use of information or confidential documents obtained from a client without the client’s written consent, unless ordered by law.
R.R.Q., 1981, c. A-23, r. 4, s. 3.06.04; O.C. 356-2008, s. 10.
3.06.05. A land surveyor must take reasonable measures to ensure that any employee or person who works with the land surveyor or carries on activities within the partnership or joint-stock company within which the land surveyor carries on professional activities preserves the secrecy of confidential information received in the practice of the land surveyor’s profession.
R.R.Q., 1981, c. A-23, r. 4, s. 3.06.05; O.C. 356-2008, s. 10.
§ 7.  — Terms and conditions of the exercise of the rights of access and corrections provided for in sections 60.5 and 60.6 of the Professional Code and obligation for a land surveyor to release documents to a client
R.R.Q., 1981, c. A-23, r. 4, sd. 7; O.C. 1398-2001, s. 1.
3.07.01. A land surveyor may require that a request referred to in section 3.07.02, 3.07.05 or 3.07.08 be made at his place of business during his regular working hours.
R.R.Q., 1981, c. A-23, r. 4, s. 3.07.01; O.C. 1398-2001, s. 1.
3.07.02. In addition to the particular rules prescribed by law, a land surveyor shall promptly follow up, no later than 30 days after its receipt, on any request made by his client whose purpose is:
(1)  to examine documents that concern him in any record established in his respect
(2)  to obtain a copy of the documents that concern him in any record established in his respect.
O.C. 1398-2001, s. 1.
3.07.03. A land surveyor who grants a request referred to in section 3.07.02 shall allow his client access to documents, free of charge. However, a land surveyor who receives a request referred to in paragraph 2 of section 3.07.02 may charge reasonable fees not exceeding the cost for reproducing or transcribing documents or the cost for forwarding a copy.
A land surveyor charging such fees shall, before proceeding with the reproduction, transcription or forwarding of the documents, inform his client of the approximate amount he will have to pay.
O.C. 1398-2001, s. 1.
3.07.04. A land surveyor who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to allow his client access to the information contained in a record established in his respect shall specify to the client, in writing, that the disclosure would be likely to cause serious harm to the client or to a third party.
O.C. 1398-2001, s. 1.
3.07.05. In addition to the particular rules prescribed by law, a land surveyor shall promptly follow up, no later than 30 days after its receipt, on any request made by his client whose purpose is:
(1)  to cause to be corrected any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected, contained in a document concerning him in any record established in his respect;
(2)  to cause to be deleted any information that is outdated or not justified by the object of the record established in his respect;
(3)  to file in the record established in his respect the written comments that he prepared.
O.C. 1398-2001, s. 1.
3.07.06. A land surveyor who grants a request referred to in section 3.07.05 shall issue to his client, free of charge, a copy of the document or part of the document so that his client may see for himself that the information was corrected or deleted or, as the case may be, an attestation that the written comments prepared by his client were filed in the record.
O.C. 1398-2001, s. 1.
3.07.07. Upon written request by his client, a land surveyor shall forward a copy, free of charge for the client, of corrected information or an attestation that the information was deleted or, as the case may be, that written comments were filed in the record of any person from whom the land surveyor received the information that was subject to the correction, deletion or comments and of any person to whom the information was provided.
O.C. 1398-2001, s. 1.
3.07.08. A land surveyor shall promptly follow up on any written request made by his client, whose purpose is to take back a document entrusted to him by his client.
A land surveyor shall indicate in his client’s record, where applicable, the reasons in support of his client’s request.
O.C. 1398-2001, s. 1.
§ 8.  — Collection of fees
3.08.01. The land surveyor must charge and accept fair and reasonable fees.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.01.
3.08.02. The fees are fair and reasonable if they are warranted by the circumstances and correspond to the services rendered. In determining his fees, the land surveyor must in particular take the following factors into account:
(a)  the time given to the carrying out of the professional service;
(b)  the complexity and extent of the service;
(c)  the performance of unusual services or services requiring exceptional competence or celerity.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.02.
3.08.03. The land surveyor must provide his client with all the explanations necessary to the understanding of his statement of fees and the terms and conditions of payment.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.03.
3.08.04. The land surveyor must not demand advance payment for his services; he may, however, ask for an advance to cover his fees and expenses.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.04.
3.08.04.01. A land surveyor who carries on professional activities within a partnership or joint-stock company must ensure that the fees and expenses for professional services provided by land surveyors are always indicated separately on any invoice or statement of fees sent by the partnership or joint-stock company to a client, except if a lump sum payment was agreed upon in writing with the client. However, in the latter case, the statement or invoice must detail the professional services provided by the land surveyor.
O.C. 356-2008, s. 11.
3.08.05. The land surveyor may collect interest on outstanding accounts only after having duly notified his client. The interest thus charged must be at a reasonable rate.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.05.
3.08.05.01. If a land surveyor carries on professional activities within a joint-stock company constituted for the purposes of such activities, the fees and expenses related to the professional services the land surveyor provided within and on behalf of the joint-stock company belong to it, unless otherwise agreed.
O.C. 356-2008, s. 12.
3.08.06. When a client contests the amount of a land surveyor’s statement of fees, the latter must immediately notify him of the existence of the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des arpenteur-géomètre du Québec (chapter A-23, r. 13) and of the time limit prescribed therein for submitting his application.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.06.
3.08.07. Before having recourse to legal proceedings to collect his fees, the land surveyor must make sure that steps for the conciliation and arbitration of accounts have been taken.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.07.
3.08.08. A land surveyor must not sell his accounts, except to a colleague.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.08.
3.08.09. When a land surveyor entrusts the collection of his fees to another person, he must make sure that the latter generally acts with tact and moderation.
R.R.Q., 1981, c. A-23, r. 4, s. 3.08.09.
DIVISION IV
DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION
§ 1.  — Derogatory acts
4.01.01. In addition to those referred to in sections 57, 58, 59.1, 59.2 and those that may be determined under the second paragraph of section 152 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession:
(a)  assisting or advising any person attempting to infringe the Professional Code, the Land Surveyors Act (chapter A-23) or a regulation of the Order:
(b)  co-operating with a person who is suspended or struck off the roll by allowing him to practise the profession or to make use of his name to do so;
(c)  depositing other than in his records or in the joint records any documents which constitute the records;
(d)  being represented in the performance of his duties of land surveyor by a person who is not a land surveyor;
(e)  failing to notify the syndic when he has reason to believe that a land surveyor is incompetent or not acting in conformity with professional ethics;
(f)  failing to notify the Order of any objection to a candidate’s admission to the practice of the profession;
(g)  allowing an employee who is not a land surveyor to solicit clients desirous of having work done in a field which falls exclusively within the competence of land surveyors or accepting a mandate in such a field himself;
(h)  obtaining clients through a remunerated intermediary who is not a land surveyor or agreeing to do so with such intermediary with whom he is not authorized to practise within a partnership or joint-stock company;
(i)  instituting legal proceedings against a colleague in a matter connected with the practice of the profession without having made a reasonable effort to seek conciliation by the president, the vice-president or a person designated by the president;
(j)  failing to reimburse any amount paid in advance by a client which is in excess of the value of the work done in the event the land surveyor ceases to act for a client before termination of his mandate;
(k)  communicating with the plaintiff without the prior written permission of the syndic or his assistant when a land surveyor is informed that an inquiry into his professional conduct or competence is to be made or when a complaint has been served against him;
(l)  submitting a statement of fees to a client for interviews, communications or correspondence with the syndic, a member of the professional inspection committee or an investigator, when the latter ask him for explanations or information regarding work he has performed for a client;
(m)  pressing or repeated inducement to have recourse to his professional services;
(n)  performing a professional act which affects the rights of a person without an ad hoc mandate;
(o)  voluntarily entering false information in a report or in the minutes;
(p)  carrying on professional activities within a partnership or joint-stock company with other persons while knowing that one or more of the conditions, terms or restrictions under which he is authorized to so carry on professional activities are not satisfied or complied with.
R.R.Q., 1981, c. A-23, r. 4, s. 4.01.01; O.C. 1398-2001, s. 2; O.C. 356-2008, s. 13.
§ 2.  — Relations with the Order and colleagues
4.02.01. The land surveyor must act with courtesy, moderation and dignity.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.01.
4.02.02. A land surveyor who is asked by the Order to participate in a disciplinary council, a committee on ethics, professional inspection, continuous training or arbitration of accounts must accept that duty unless he has sound reasons for refusing it; in the latter case, he must notify the board of directors thereof in writing.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.02.
4.02.03. A land surveyor must reply to any communication from a syndic, an assistant syndic and an inspector, investigator or member of the professional inspection committee or a member of an accounts arbitration council, and the land surveyor must do so within the time and using the method of communication determined by them.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.03; O.C. 356-2008, s. 14.
4.02.04. A land surveyor shall not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards him. Without restricting the generality of the foregoing, the following shall constitute disloyal practices:
(a)  attempting to obtain work which, to his knowledge, has already been entrusted to a colleague;
(b)  falsely criticizing a colleague.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.04.
4.02.05. A land surveyor must notify his colleague if he accepts a mandate to inspect work done by the latter.
If there is a difference of opinion, the land surveyors concerned must co-operate to reach an agreement.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.05.
4.02.06. Before undertaking to finish work already begun by a colleague, a land surveyor must make sure that the latter did in fact abandon it, or was released from his mandate.
R.R.Q., 1981, c. A-23, r. 4, s. 4.02.06.
§ 3.  — Contribution to the advancement of the profession
4.03.01. A land surveyor must, insofar as he is able, contribute to the development of his profession by sharing his knowledge and experience with colleagues and students, and by participating in refresher and professional training periods and courses.
R.R.Q., 1981, c. A-23, r. 4, s. 4.03.01; O.C. 1415-92, s. 1.
DIVISION V
RESTRICTIONS AND OBLIGATIONS RESPECTING ADVERTISING
O.C. 1415-92, s. 2.
5.01.01. No land surveyor may, in any way whatsoever, engage in false or misleading advertising or advertising which is likely to mislead, or allow someone else to do so.
O.C. 1415-92, s. 2.
5.01.02. A land surveyor may claim specific qualities or skills only if they can be justified.
O.C. 1415-92, s. 2.
5.01.03. No land surveyor may advertise in a manner which is likely to denigrate or disparage another land surveyor.
O.C. 1415-92, s. 2.
5.01.04. A land surveyor who advertises lump-sum fees shall:
(1)  establish fixed prices;
(2)  specify the nature and extent of services included in the fee;
(3)  indicate whether or not disbursements are included in the fee;
(4)  indicate whether additional services might be required which are not included in the fee.
The information shall be such as to reasonably inform persons who have no particular knowledge of land surveying.
Any lump-sum fee shall remain in effect for a minimum period of 90 days after it was last broadcast or published.
A land surveyor who carries on professional activities within a partnership or joint-stock company in which persons other than land surveyors also practise must, in any advertising, describe separately the professional services of the land surveyor included in a lump sum fee.
O.C. 1415-92, s. 2; O.C. 356-2008, s. 15.
5.01.05. A land surveyor must retain a complete copy of all advertisements in their original form for a period of 5 years following the date on which they were last broadcast or published. Upon request, the copy must be submitted to the syndic.
O.C. 1415-92, s. 2.
5.01.06. In an advertisement, no land surveyor may use or allow to be used an endorsement or statement of gratitude concerning him.
O.C. 1415-92, s. 2.
5.01.07. A land surveyor who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that advertising by the partnership or joint-stock company or by any other person carrying on activities within it complies, as regards land surveyors, with the rules set out in this Division.
O.C. 1415-92, s. 2; O.C. 356-2008, s. 16.
DIVISION VI
GRAPHIC SYMBOL OF THE ORDRE DES ARPENTEURS-GÉOMÈTRES
O.C. 1415-92, s. 2.
6.01. The Ordre des arpenteurs-géomètres du Québec is represented by a graphic symbol that conforms to the original held by the secretary.
O.C. 1415-92, s. 2.
6.02. A land surveyor who makes use of the graphic symbol of the Order shall ensure its proportional conformity to the original.
O.C. 1415-92, s. 2.
6.03. When using the graphic symbol of the Order in advertising, a land surveyor must not mislead the public into believing that the advertising originates from the Order.
O.C. 356-2008, s. 17.
6.04. A land surveyor who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that any use of the graphic symbol of the Order within the partnership or joint-stock company complies with sections 6.02 and 6.03.
O.C. 356-2008, s. 17.
6.05. A land surveyor must take reasonable measures so that a partnership or joint-stock company within which he carries on professional activities uses the graphic symbol of the Order in connection with advertising or its name only if all the services provided by the partnership or joint-stock company are the professional services of land surveyors.
In the case of a partnership or joint-stock company providing professional services of land surveyors and services of persons other than land surveyors with whom land surveyors are authorized to carry on their professional activities, the graphic symbol of the Order may be used in connection with the name or in the advertising of the partnership or joint-stock company on the condition that the graphic symbol identifying each professional order to which those persons belong is also used.
The graphic symbol of the Order may, however, always be used in connection with the name of a land surveyor.
O.C. 356-2008, s. 17.
DIVISION VII
NAME OF THE PARTNERSHIP OR JOINT-STOCK COMPANY
O.C. 1415-92, s. 2; O.C. 356-2008, s. 18.
7.01. A land surveyor may not carry on professional activities within a partnership or joint-stock company under a name that is misleading, deceptive or contrary to the honour or dignity of the profession or that is a number name.
O.C. 1415-92, s. 2; O.C. 356-2008, s. 19.
7.02. A land surveyor who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that any document produced by the partnership or joint-stock company in connection with the professional activities of land surveyors is identified in the name of a land surveyor.
O.C. 1415-92, s. 2; O.C. 356-2008, s. 19.
7.03. (Revoked).
O.C. 1415-92, s. 2; O.C. 356-2008, s. 20.
REFERENCES
R.R.Q., 1981, c. A-23, r. 4
O.C. 1415-92, 1992 G.O. 2, 4511
O.C. 1398-2001, 2001 G.O. 2, 6148
O.C. 830-2003, 2003 G.O. 2, 2707
O.C. 356-2008, 2008 G.O. 2, 1223
S.Q. 2008, c. 11, s. 212