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

Section 3 Disposition versions

2012-09-01

3. Land surveyors may practise within a partnership or a joint-stock company referred to in section 1 that holds itself out exclusively as a partnership or joint-stock company of land surveyors, 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)  a land surveyor or land surveyors;

(b)  a joint-stock company where at least 90% of the voting rights attached to the shares are held by one or more land surveyors practising, in all cases, within the joint-stock company; or

(c)  a trust all the trustees of which are land surveyors practising, in all cases, within the partnership or joint-stock company; 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 land surveyors practising within the partnership or joint-stock company. 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 land surveyors; and

(3)  the chair of the board of directors of the joint-stock company or the person performing similar functions in a limited liability partnership is a partner or shareholder with voting rights and a land surveyor.

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 constituting 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. 3.