A-23, r. 7 - Regulation respecting the practice of the land surveying profession within a partnership or a joint-stock company

Section 2 Disposition versions

2012-09-01

2. Land surveyors may practise within a partnership or a joint-stock company referred to in section 1 provided the following conditions are met at all times:

(1)  more than 50% of the voting rights attached to the shares of the joint-stock company, the status of partner or units of the limited liability partnership are held by the following persons or trust patrimonies, or a combination thereof:

(a)  one or more members of a professional order governed by the Professional Code (chapter C-26) or persons governed by an Act of another Canadian province recognizing them and subjecting them to similar rules;

(b)  a joint-stock company where at least 90% of the voting rights attached to the shares are held by one or more persons referred to in subparagraph a; or

(c)  a trust whose trustees are persons referred to in subparagraph a; and

(2)  a majority of the directors of the board of directors of the joint-stock company or of the partners or directors of the limited liability partnership are persons referred to in subparagraph a of paragraph 1. To constitute a quorum at a meeting of the board of directors of a partnership or joint-stock company, a majority of the members present to act on its behalf must be persons referred to in subparagraph a of paragraph 1.

Land surveyors must ensure that the conditions listed in the first paragraph appear in the articles of the joint-stock company or in the contract of the limited liability partnership and that the documents stipulate that the partnership or joint-stock company is constituted for the purposes of the carrying on of professional activities.

O.C. 627-2007, s. 2.