Misplaced Pages

#144855

63-585: Its mission statement is: The Association of British Columbia Land Surveyors protects the public interest and the integrity of the survey systems in British Columbia by regulating and governing the practice of land surveying in the province. The ABCLS is governed by the Land Surveyors Act , a Provincial statute which sets out the framework within which the Association and its members operate. The ABCLS

126-424: A court proceeding ; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice , of legal evidence on the factual issue(s) involved; it may be equivalent to a determination. It indicates that the claims of all the parties there to have been considered and set at rest." In some cases, an application for adjudication

189-451: A legal guardian that could be entrusted with being responsible for him or her. A child dependency or neglect adjudication can also result in a determination that a child is in need of services. Different US states have different processes for declaring a child as adjudicated. Arizona state law defines a dually adjudicated child as "a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of

252-479: A 2010 case involving two consecutive adjudications in relation to a construction contract for homeowner Charles Wishart, the High Court allowed the second adjudicator's ruling on an issue which the first adjudicator had commented on and purported to have resolved, but which was not part of, and "wholly unnecessary" to resolve as far as the initial adjudication was concerned. In other circumstances, an adjudicator's ruling

315-510: A candidate completes one of the three streams above, they are able to register with the ABCLS as a land surveyor in training (LST) and begin an articling period which typically lasts 18–32 months. This takes place under the supervision of a master who is a registered BC land surveyor. During the articling period, the candidate will write a series of professional examinations and complete two field projects. The examinations are intended to demonstrate that

378-407: A candidate should be awarded a security clearance , or is suitable for a public trust position, which is a job that requires a very knowledgeable and responsible person, often related to national security . It may be determined that the person is not suitable for a public trust position, but is suitable for a non-sensitive position. However, a person may be deemed unsuitable for any position. From

441-435: A claim from an insured person and then utilizing software to process claims and make a decision or doing so manually. If it is done automatically using software or a web-based subscription, the claim process is called auto-adjudication. Automating claims often improve efficiency and reduce expenses required for manual claims adjudication. Many claims are submitted on paper and are processed manually by insurance workers. After

504-536: A commissioned BCLS in good standing. There are three streams by which individuals can be registered as a Land Surveyor in Training and work towards obtaining a commission as a BC land surveyor: The Canadian Board of Examiners for Professional Surveyors (CBEPS) has accredited the following geomatics programs which can lead to one registering as a Land Surveyor in Training: Individuals who have not graduated from

567-426: A decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions , in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Adjudication may be defined as "the legal process of resolving a dispute . The formal giving or pronouncing of a judgment or decree in

630-414: A determination on the referred issue. The Act does not define "adjudication" or an "adjudicator", but an adjudicator's obligation is to act " impartially " (section 108(2)(e)). The parties can agree between themselves who will undertake the adjudication, but where they cannot agree, either party may ask an Adjudicator Nominating Body (ANB) to appoint one. The "Scheme for Construction Contracts" set up under

693-514: A high quality of standards, and that the overall integrity of the province's cadastre is maintained. In order to achieve these goals, the PAD initiated the Practice Review Program, which consists of two primary activities: an Annual Plan Review and a Practice Review. The Annual Plan Review sees the yearly review of at least one completed survey plan by all practising BCLSs. This approach provides

SECTION 10

#1732852510145

756-608: A land surveying firm authorized to practice under permit must assume full responsibility for the correctness, validity, and accuracy of their own surveys including raw data and field notes collected. Many BC land surveyors also have skills, expertise and experience in advanced geomatics and survey applications. This can include precise surveys for machine alignment and deformation analysis, mapping and GIS (Geographic Information Systems) expertise, remote sensing , real-time GPS (Global Positioning System) surveys, mapping, and hydrographic surveys. The Practice Advisory Department (PAD)

819-549: A particular parcel of land may be undertaken by a BCLS. These surveys are normally carried out for the protection of an owner, and are generally accepted as proof that there are no encroachment or zoning placement problems. A BCLS is qualified to carry out subdivision design and all matters of parcel division in accordance with local, provincial and/or regional zoning and development by-laws. BCLSs can provide expert witness testimony in matters of litigation , where survey or boundary determinations are in question. The BCLS and

882-493: A point has emerged from the process of discussion or negotiation that has ended and that there is something which needs to be decided". Section 108(3) of the 1996 Act and paragraph 23(2) of the Scheme for Construction Contracts state that "the decision of the adjudicator shall be binding on the parties, and they shall comply with it until the dispute is finally determined by legal proceedings, by arbitration ... or by agreement between

945-516: Is a division of the ABCLS which exists to promote the professional competency of land surveyors, which in turn protects the public interest. The protection of the public interest is of the utmost importance to the ABCLS, as framed in the Association's Mission Statement (see above). The PAD strives to monitor the competence level of the ABCLS membership while considering the expectations of the public, government, and ABCLS members. The PAD aims to ensure that all land surveys completed in British Columbia meet

1008-708: Is also used to refer to an International treaty that establishes an institution , such as the Statute of the European Central Bank , a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court . Statute is also another word for law. The term was adapted from England in about the 18th century. In

1071-485: Is an alternative legal process instead of applying for a court hearing. Each state and territory has enacted security of payment legislation which provide for adjudication of progress construction claims, starting with New South Wales in 1999. There is very little harmony between the legislation in each jurisdiction regarding the scope of contract covered and the adjudication procedure. However, in all jurisdictions, adjudications are interim pending final resolution of

1134-529: Is asked to determine the true value of a completed construction where this may be different from the value claimed by the contractor and/or paid by the client. The term "smash and grab" claim refers to the practice of submitting a large interim payment application at the end of the construction phase of a project, but before completion of the final account, and the term "'smash and grab' adjudication" has been used in relation to several adjudication decisions regarding liability for interim payment of such claims. In

1197-401: Is binding and a point which has been resolved cannot be raised again, but where the adjudicator went outside the scope of the adjudication referred to them, their comments were not a binding part of the ruling. In relation to a 2012 case, Herbosh-Kiere Marine Contractors Ltd v Dover Harbour Board , Matt Molloy notes that there can be a distinction between "statutory adjudication", applying

1260-427: Is decided by courts , regulations issued by government agencies , and oral or customary law . Statutes may originate with the legislative body of a country, state or province, county, or municipality . The word "statute" is derived from the late Latin word "statutum", which means 'law', 'decree'. In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up

1323-630: Is elected annually for a two-year term. During the second year of their term they serve as President. In keeping with unofficial tradition since 1929, the outgoing President presents the incoming President with a pair of Spats . In addition to the President and Vice President, the Board consists of four elected members and four appointees; the Past President, a Lieutenant Governor in Council (an appointed member of

SECTION 20

#1732852510145

1386-528: Is headquartered in Sidney, British Columbia . The profession of land surveying was not regulated in British Columbia until the late 1800s. Before 1891, the provincial government recognized a cadre of professional Surveyors - many of whom had been Royal Engineers In 1890, the Association of Provincial Land Surveyors was launched during a two-day long meeting held in Victoria and attended by 22 surveyors. In April 1891,

1449-416: Is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect. The solution adopted in many countries

1512-526: Is regulated by the Building and Construction Industry Payments Agency , a branch of the Queensland Building Services . Adjudication is a relatively new process introduced by the government of Victoria , Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process

1575-454: Is the "process of identifying, with reasonable certainty, the type or nature of material or device that set off an alarm and assessing the potential threat that the material or device might pose with corresponding implications for the need to take further action." Referring to a minor, the term adjudicated can refer to children that are under a court's jurisdiction, usually as a result of having engaged in delinquent behavior and not having

1638-473: Is to organize existing statutory law in topical arrangements (or "codified" ) within publications called codes , then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law . The term statute

1701-614: The Teck Corporation . Hundreds of hours of restoration efforts by Association members and interested volunteers resulted in several improvements and updates being carried out on the structures. A grand opening ceremony was held on July 11, 2015. Statute A statute is a formal written enactment of a legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which

1764-460: The autonomous communities of Spain , an autonomy statute is a legal document similar to the constitution of a federated state , save that it is enacted by the national legislature, rather than the autonomous community it governs. The autonomy statutes in Spain have the rank of ley orgánica (organic law), a category of special legislation reserved only for the main institutions and issues and mentioned in

1827-509: The Association is restricted to those who hold a BCLS commission and registered students in the pursuit of such accreditation. ABCLS Membership levels are: The Board of Management (the Board) is authorized under the Land Surveyors Act, which identifies the Board's responsibilities and functions. The Board and Executive Officers are elected according to the ABCLS by-laws . A Vice President

1890-467: The CBEPS is satisfied that candidates have satisfied the mandatory academic requirements and have passed (or have been exempted from) necessary examinations, they issue the candidate a C of C. Candidates working through their CBEPS requirements or attending an educational institution in geomatics engineering may register as a survey student with the ABCLS. A graduate from the geomatics degree program at BCIT with

1953-582: The Corporation of Land Surveyors of the Province of British Columbia. The Corporation was established under new legislation , the Provincial Land Surveyors' Act (1905), which strengthened the management of the profession. A new Board of Examiners was formed and, as before, only surveyors who were recognized by that Board were entitled to practice in the province. Those so recognized were designated by

Association of British Columbia Land Surveyors - Misplaced Pages Continue

2016-406: The Province of British Columbia"; they received a numbered commission and seal, and were entitled to append the initials "PLS" after their names. The PLS group of surveyors eventually numbered eighty-five members. The Act also incorporated a governing body - the Association of Provincial Land Surveyors - for their profession. However, the Association was relatively weak, and in 1905 it was replaced by

2079-517: The Provincial Land Surveyors' Act was proclaimed by the British Columbia Government in response to a petition made to the government by the Association, in which they requested, "(...) the introduction of an act to protect authorized surveyors in the performance of their duties, to prevent unqualified persons acting as surveyors and to provide for duly qualified persons from time to time being admitted to practice." Framed by W.S. Gore, then

2142-583: The Provincial Surveyor General, the Act established a Board of Examiners (made up of the Surveyor General and five other surveyors) and set down policies for articling pupils . Thereafter, only surveyors who passed the examinations and subsequently were approved by the Board were allowed to practice in the province of British Columbia. Authorized surveyors were then called "Provincial Land Surveyors of

2205-467: The Scheme for Construction Contracts (England and Wales) Regulations 1998 contains a set of adjudication provisions which are to apply to a construction contract unless the contract itself includes arrangements for adjudication which comply in full with statutory requirements. In Scotland , the Scheme for Construction Contracts (Scotland) Regulations 1998 apply. For there to be a dispute capable of being addressed by adjudication, "it must be clear that

2268-591: The United Kingdom is the Housing Grants, Construction and Regeneration Act 1996 (1996 Chapter 53), later amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 . Any party to a construction contract has the right to refer a dispute arising under the contract to a third party for adjudication, whose decision shall be binding unless the courts or an arbitrator have already made

2331-551: The United States Department of the Navy Central Adjudication Facility : "Adjudication is the review and consideration of all available information to ensure an individual's loyalty, reliability, and trustworthiness are such that entrusting an individual with national security information or assigning an individual to sensitive duties is clearly in the best interest of national security." Adjudication

2394-415: The above programs but have other relevant academic and professional experience or may have been educated in foreign countries may apply to the CBEPS for a Certificate of Completion (C of C) and/or exemptions from required examinations. Additionally, graduates from programs other than geomatics engineering may apply to the CBEPS to have their credentials reviewed for exemptions from required examinations. Once

2457-476: The adjudicator is not to act as arbitrator or judge. The time constraints within which he is expected to operate are proof of that. The task of the adjudicator is to find an interim solution which meets the needs of the case." "Claims adjudication" is a phrase used in the insurance industry to refer to the process of paying claims submitted or denying them after comparing claims to the benefit or coverage requirements. The adjudication process consists of receiving

2520-472: The adjudicator's ruling was therefore not upheld. In the same case, reference is made to a 2006 Court of Appeal ruling, Carillion Construction v Devonport Royal Dockyard , in which Lord Justice Chadwick reminded litigants that in the UK context, "the majority of adjudicators are not chosen for their expertise as lawyers . Their skills are as likely (if not more likely) to lie in other disciplines. The task of

2583-705: The candidate has a strong knowledge of every aspect of professional land surveying. These include statutes, regulations, practice of land surveying, the General Survey Instruction Rules, and the Surveyor General Circular Letters as they relate to each component of their education. The two field projects are intended to demonstrate the candidates’ practical skills including field measurements, evidence evaluation, boundary resolution, interaction with clients, and project management. Professional examinations and field projects are intended to test

Association of British Columbia Land Surveyors - Misplaced Pages Continue

2646-501: The candidates’ qualifications, knowledge, manner, and professionalism. Candidates who successfully complete the PAI are able to obtain a commission as a BC land surveyor. Surveyors from other Canadian jurisdictions who are in good standing with their home association do not need to register as survey students, but do have to fulfill requirements which depend on each candidate's individual license history with their home association. Membership in

2709-408: The candidates’ required theoretical knowledge and practical skills required to succeed as a land surveyor. Upon completion of the articling period and professional examinations, the candidate must sit a Professional Assessment Interview (PAI), which is adjudicated by members of the Board of Management. This interview covers a broad range of topics related to land surveying and is designed to evaluate

2772-472: The claim was settled. Insurance companies will then send out payments to the providers if the claims are approved or to the provider's billing service. The process of claims adjudication, in this context, is also called "medical billing advocacy". In the United States, adjudication is the process directly following a background investigation where the investigation results are reviewed to determine whether

2835-510: The claims adjudication process is complete, the insurance company often sends a letter to the person filing the claim describing the outcome. The letter, which is sometimes referred to as remittance advice , includes a statement as to whether the claim was denied or approved. If the company denied the claim, it has to provide an explanation for the reason why under regional laws. The company also often sends an explanation of benefits that includes detailed information about how each service included in

2898-570: The constitution (the highest ranking legal instrument in Spain). Leyes orgánicas rank between the constitution and ordinary laws. The name was chosen, among others, to avoid confusion with the term constitution (i.e. the Spanish constitution of 1978). Adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation , including legal reasoning set forth by opposing parties or litigants , to come to

2961-520: The determination of any approved physical right of tenure, occupation, and title. Many BCLSs are also consulted in matters such as land use applications, approvals, and re- zonings . A topographical survey plan shows ground features, elevations , and contours . These plans may also show cultural details such as buildings, fences, roads, and ground cover . Topographical plans are used in the design of subdivisions , roads, and for residential planning purposes. Control surveys can be carried out to inform

3024-587: The dispute under the relevant terms of the contract. The Building and Construction Industry Security of Payment Act 1999 came into effect in New South Wales on 26 March 2000 and applies to all construction contracts commenced on or after that date. It is not possible to contract out of the legislation. Amendments to the Act made in 2013 are not retrospective, however, earlier amendments are. The Act does not apply to mining work, however, construction work ancillary to

3087-433: The following: determination of scales for photogrammetric mapping, establishment of precise coordinates based on a universal mapping system, establishment of sites for hydrographic charts, mine construction, or the routing of highways and transmission lines. Global Positioning System (GPS) technology increases the effectiveness of control surveying. Surveys for the purpose of providing a certificate of building location on

3150-511: The initials "BCLS" being appended to their name. Existing PLSs and LSs were also permitted to continue practicing under a grandfather clause . Although the Provincial Surveyors' Act has since been amended, the Association of British Columbia Land Surveyors now numbers over nine hundred and forty BCLS Commissions and continues to be the governing body of the profession. In order to practice legal land surveying in British Columbia, one must be

3213-535: The operation of a mine is covered. The Act also does not apply to work undertaken for a resident owner within the meaning of the Home Building Act 1989 . In NSW, the 2016 case of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd   has allowed an adjudicator's determination for a non-jurisdictional error to be overturned through judicial review. The case went against Brodyn Pty Ltd v Davenport (2004), which had held that judicial intervention

SECTION 50

#1732852510145

3276-467: The parties". In the case of Aspect Contracts (Asbestos) Limited (Respondent) v Higgins Construction Plc (Appellant) , heard in 2015, the Supreme Court of England and Wales argued that the wording would have been clearer if had said "unless and until" instead of merely "until". The phrase "true value adjudication" is sometimes used in relation to the role of an adjudicator, meaning that the adjudicator

3339-410: The processes set out in legislation, and "contractual adjudication", where a complainant exercises a right provided for in their contract. In this case, which related to a wreck -removal agreement requiring the contractor to remove the remains of a boat sunk to stop torpedoes being fired into Dover Harbour during World War I , the court determined that the adjudicator had exceeded his jurisdiction and

3402-461: The public), the Surveyor General of BC, and a member appointed to serve as Secretary. Elected members serve two-year terms and may run for additional terms or run for the position of Vice President. Types of surveying include: BC Land Surveyors provide expertise in all areas of land, water and space measurement. Services can be grouped as follows: Cadastral comes from the French word which refers to

3465-433: The register of lands. The "cadastral fabric" of B.C. refers to property boundaries, survey monuments, legal documents, maps, and regulations which are required to make the system work. Cadastral legal surveys involve the measurement, placement, title descriptions and/or re-establishment of legal boundaries on land (at, above, or below the surface), water, and air space. This scope of work includes leases , mineral claims, and

3528-503: The required grade in the required courses may apply for entry as a Land Surveyor in Training. Foreign trained professionals may apply for direct entry as a Land Surveyor in Training when they have two years of experience working in their home country. Applications must include academic qualifications, an internationally accredited standards agency credential evaluation and transcript analysis certificate and proof of two years experience in cadastral land surveying in their home country. Once

3591-408: The statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history

3654-442: The valuable functions of: The Practice Review component of the PAD is a means of addressing any shortcomings in practitioner's work, focusing on members who require assistance, education, or mentoring. Newly commissioned BCLSs are also subject to Practice Reviews with the aim of establishing an individual baseline and ensuring that their practice has the essential elements of a sustainable professional practice. Thomas Thane McVittie

3717-639: Was a church warden , school trustee , townsite agent, Justice of the Peace , secretary of the Fort Steele Mining Association, and president of the liberal-conservative club. McVittie renovated the one room cabin that he had built to make a home for his bride who would be joining him from New York. Renovations were completed by early November 1899, and McVittie and Anna Galbraith were married in Calgary , Alberta in late December of that year. Anna Galbraith

3780-744: Was born in Toronto , Ontario on May 5, 1858. He moved to British Columbia in 1879 and opened a land surveying office in Galbraith's Ferry in 1881. The town was renamed Fort Steele in 1888. McVittie became a well-known local British Columbia Land Surveyor in the East Kootenay region from 1881 to 1918. He was responsible not only for the surveying of the Fort Steele townsite , but for numerous other Regional District of East Kootenay townsites and mineral claims as well. In addition to his land surveying duties, McVittie

3843-442: Was designed to ensure cash flow to businesses in the building industry, without parties getting tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002 . Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application. The relevant legislation in regard to construction in

SECTION 60

#1732852510145

3906-513: Was limited to cases of a breach of essential and basic requirements. The Building and Construction Industry Payments Act 2004 (BCIPA) came into effect in Queensland in October, 2004. Through a statutory-based adjudication process a claimant can seek to resolve payment on account disputes. The act covers construction, and related supply of goods and services, contracts, whether written or verbal. BCIPA

3969-543: Was the niece of Fort Steele's most prominent citizen and McVittie's good friend Robert Galbraith . In 1993, ABCLS entered into a partnership with Fort Steele Heritage Town to move the historic home and land surveying office of Thomas Thane McVittie to the Heritage Town site across British Columbia Highway 93 - 95 . The project was made possible through the joint financial cooperation of the Association of BC Land Surveyors, Fort Steele Heritage Town, Friends of Fort Steele, and

#144855