newsSEPTEMBER 2009 VOL. 38-3

news ALS SEPTEMBER 2009 VOL. 38-3

ISSN 0703-4228

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ALS news

SEPTEMBER 2009 VOL. 38-3

Editor Brian E. Munday ([email protected]) Advertising and Production Sharon D. Armstrong ([email protected]) Deadline dates for submission of articles to ensure printing are as follows: February 15th, June 1st, September 1st, and November 15th. Advertising deadline dates are as follows: February 1st, May 15th, August 15th, and November 1st. Opinions expressed by the editor or individual writers are not necessarily endorsed by the Council of the Alberta Land Surveyors’ Association. Original articles may be reprinted with due credit given to the source and with permission of individual writers or where no writer is indicated, with the permission of the Editor. ALS News is published by the Alberta Land Surveyors’ Association for circulation to the Association Membership. Address all correspondence to: Alberta Land Surveyors’ Association Suite 1000, 10020 - 101A Avenue Edmonton, Alberta T5J 3G2 Tel: 780-429-8805 or 1-800-665-2572 Fax: 780-429-3374 E-mail: [email protected] Website: www.alsa.ab.ca ALBERTA LAND SURVEYORS’ ASSOCIATION President D.R. (Don) George Past President R.O. (Ron) Hall Vice President B.D. (Brian) Ross Secretary Treasurer and Registrar D.R. (Dave) McWilliam Executive Director B.E. (Brian) Munday Director of Practice Review C.C. (Chris) Everett Assistant to the Director of Practice Review J.P. (John) Ironstone Councillors G.A. (Greg) Boggs H.C. (Hugo) Engler D.J. (David) Hagen J. (John) Haggerty J.I. (Jim) Maidment C.R. (Connie) Petersen Public Members D.R. (Russell) Barnes (Council) R. (Rudy) Palovcik (Practice Review Board) Cover Design by Rose Country Advertising and Public Relations

inside

17

7 President’s Message 9 Councillor’s Forum 11 Editor’s Notes 13 Letters 15 Association Notes 23 Director’s Message 25 Professional Development 26 Public Relations 28 Safety Sense 30 Registration 31 Education News 32 Book Review 33 ASSMT 35 A Moment of Silence 37 History

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president’s message don george, als

Regarding the dormant plan issue, I would appreciate your valuable comments and suggestions to be in writing (e-mail is fine) so I can pass them on to the sub-committee of Council.

J

uly and August have come and gone; I hope you were able to take some time to relax and enjoy the summer months. Fortunately for Eileen and I, we were able to spend quality time with our families and some of our friends. Your Council and committees are again heavily in the swing of Association activities and I understand some of the committees have already knocked off a few of their terms of references. I thank those members who have worked hard on behalf of your committee and chairman. I encourage the rest of you to support your chairman and to do your part. If everyone commits to their assigned task it will lighten the load for all and we will not fall into the scenario of a “few good people doing all of the work.” Thanks to Michelle Woywitka, George Smith, and their group for all of their hard work on the ALSA golf tournament. Even though the numbers were down (113 registrants) and the weather was somewhat iffy, I understand those who attended had a good time. Again, I would like to thank all of the sponsors for their continued support; without you, we could not have this function. Tara Lacrete has left the Association office and is striking out on a new venture. I would like to thank her for all of the hard work and dedication to the Association while she was with us. I would like to wish her the best in her new endeavour. As of August 1st, the Director of Surveys Office decreed that there is no need to register Public Lands survey plans at the Land Titles Office, but only submit them to Sustainable Resource Development. There have been considerable discussions between the Director of Surveys and Council, including deliberations on legal opinions provided to both groups. Many questions are being raised and the Director of Surveys Office is attempting to answer them through “frequently asked questions;” these are available to the membership through the Friday e-mailouts. Even though there are many concerns, questions and bugs to work out, I believe that Director of Surveyors is attempting to build a better system. We should work together to make this system work. Keep your questions and suggestions coming to his office to help them develop a system everyone can be proud of. I was very impressed with the contributions to the last ALS News. I would encourage everyone to feel free to write an article

or send in a letter to the editor; remember, this is your magazine. It is important for all of us to keep this an informative and quality publication. Thank you for the feedback on my last ALS News article. First, it was gratifying to know some of you read it and, second, some of you took the time to communicate your thoughts on the message. Regarding the dormant plan issue, I would appreciate your valuable comments and suggestions to be in writing (e-mail is fine) so I can pass them on to the sub-committee of Council. Any comments or suggestions would be appreciated.

I look forward to your continued diligence in ALSA affairs and would welcome any feedback you may have. On a sadder note, I must report our sales of survey posts and marker posts are lower than our budgeted numbers (down approximately 12%), but are higher than our contingency budget. The Association has implemented various items to compensate for the lower sales. Please see “editor’s note” by Brian Munday for more details. Your Council is being very sensitive as to holding to the budget (thus cutting staff and programs) or to dipping into the reserve fund. We do not want to “knee jerk” react but do not want to let the shortfall get away on us either. I am confident that we have it in hand at this time. I look forward to your continued diligence in ALSA affairs and would welcome any feedback you may have.


councillor’s forum john haggerty, als

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here have been a number of very public cases, recently, regarding the propriety of the actions carried out by government officials. As can be seen from the Mulroney/Schreiber affair, for example, public officials are held to a higher ethical standard than the general population. In order for the professional decisions of land surveyors to be respected, it is important that the confidence of the public is maintained. When codes of conduct appear to be breached, it is important that the matter is dealt with in a way that maintains that public confidence. The second article of conduct, which is embedded within our Code of Ethics, is that an Alberta Land Surveyor should avoid even the appearance of professional impropriety. We are less likely to make an error in judgment when we remind ourselves of this higher standard. Furthermore, our professional reputations are based upon this appearance. The public needs to know that we can be trusted to make unbiased decisions. This does raise the very practical question of what this standard actually means. As Alberta Land Surveyors, we are charged with this code. We are also charged with enforcing it when it is breached. The public, who judges us in the courts of public opinion, typically has no special training in this area. Civil court judges can interpret the words of the text, but don’t have the experience or the context with which to interpret the code fully. And so, we are called upon to interpret “professional impropriety” as it applies to our profession. For this reason, I thought it would be meaningful to try to shed some light on this standard. The courts have weighed in on the meaning of the appearance of professional impropriety, in particular in relation to lawyers. The majority of these cases seem to involve conflicts of interest. This is also of special relevance to us as much of the sub-text of our own code in the Manual of Standard Practice is devoted to this issue. Below, I include reference to a few important cases. In the Supreme Court of Canada trial of MacDonald Estate v. Martin, two different standards of “appearance of impropriety” are debated. The case involved a solicitor who found himself working against a client who he had previously helped to represent while working at another firm. The former client was unhappy with this prospect, as the solicitor had been privy to information he oth-

erwise would not have had. This case does not involve surveyors directly, but it does set a standard for professionals generally. 1. The Probability of Real Mischief Test: “we must be satisfied that real mischief and real prejudice will in all human probability result...” (this is the test from English law, as evidenced by the case of Rakusen v. Ellis). 2. The Possibility of Real Mischief Test: “... creates an unsavory appearance of conflict of interest that is difficult to dispel in the eyes of the lay public—or for that matter the bench and bar....” By this more stringent standard, it is truly the appearance of a conflict of interest in the eyes of the lay public that is objectionable; no factual wrong doing is required (this is the test from American law, as explained by J.Posner in Analytica v. NPD). The Court’s overriding concern in both of these cases was the public perception of the legal professionals being tried. By association, concern for public respect of the entire judicial system was also deemed to be at risk. Which standard applies to us? Canadian law is modeled on British common law. Not surprisingly, therefore, judges in the MacDonald case confirmed that, in terms of conflict of interest, the Probability of Mischief Test should be applied in Canada. As it was interpreted by the Canadian judges, the “[...] test must be such that the public represented by the reasonably informed person would be satisfied that no use of confidential information would occur.” What avoiding the appearance of professional impropriety, for surveyors, means beyond conflict of interest has yet to be determined by the courts (although this will hopefully not be necessary). Some light is shed on the matter in a case of professional impropriety involving a land surveyor in Nova Scotia. The surveyor, who owned property on Oak Island (famous for its legendary —yet to be found —pirates treasure), surveyed the boundaries of his own property and found them to be in error by 60 feet into his own property. He proceeded to stake the boundary 35 feet into his neighbour’s property. His neighbour complained to the Association of Nova Scotia Land Surveyors (ANSLS). The ANSLS Discipline Committee found, first, that


If we (and our work) are to be recognized by the public as professional and beyond reproach, then we must act in the same way that warrants this respect. More importantly perhaps, we must be seen to act in this way. there was the appearance of professional impropriety by not staking the boundary where it was determined to be. Second, he had been in a long-term boundary dispute with his neighbor and was unable to exercise unbiased, independent, professional judgment. Third, the Committee found that he had failed to disregard compromising interests and loyalties in the performance of his duties. The case was appealed to the Nova Scotia Court of Appeal where the Court agreed with the Discipline Committee’s findings that, “the finding of professional misconduct was not based upon the ac-


curacy of survey but upon the willfully deceptive nature of his conduct.” It is interesting to note that the Appeals Court was less interested in the substance of the Discipline Committee’s findings than it was with the quality of process that the Committee had. This is an illustration of the fact that (if the process has been fair) the courts will respect the decisions of professional bodies in interpreting their own codes of ethics. The court was satisfied that the Committee had fulfilled its duties in an ethical manner and left the decision on the facts to the surveying body.

If we (and our work) are to be recognized by the public as professional and beyond reproach, then we must act in the same way that warrants this respect. More importantly perhaps, we must be seen to act in this way. References Land Surveyors Act, Code of Ethics, Alberta Regulation 324/82 Alberta Land Surveyors Association Manual of Standard Practice MacDonald Estate v. Martin, [1990] 3 S.C.R. 1235 Analytica, Inc. v. NPD Research. Inc., 708 F.2d 1263 (7th Cir. 1983) Rakusen v. Ellis, Munday & Clarke [1912 R.390] Nolan v The Association of Nova Scotia Land Surveyors, [2003] Carswell NS 448 (N.S.C.A).\ The Money Pit by William S. O’Hara

editor’s note brian munday

I thought, in this article, that I would take a few moments to explain what we have been doing to try to manage the finances and what parts of the contingency plan we have already implemented.

AS

I sit down to write this article for this issue of ALS News, I look out the window on a beautiful day here in Edmonton at the end of August. It is sunny and warm. It is close to the end of festival season here in the capital city, hockey season is about to begin again and, once, again, there is irrational optimism for a successful Oilers’ season. And yet, there is an uneasy feeling in Edmonton and throughout the province and even the world. What is going on in the economy? According to today’s new reports, the International Monetary Fund (IMF) declared the recession over and Canada’s annual inflation rate fell to -.9%. The negative number – technically, deflation - was the lowest since July 1953. Earlier this week, the TSX Composite Index fell 300 points on Monday and gained 150 points on Tuesday. On Wednesday, the market fell 100 points then gained 200 points and ended up the day, down only 5. So what is happening in this economy? The answer is, I don’t know. These are, however, the challenges we face as we try to manage the Association’s 2009-2010 finances. These are really no different than the challenges faced by surveyor corporations as well as individual practitioners putting together personal budgets. I thought, in this article, that I would take a few moments to explain what we have been doing to try to manage the finances and what parts of the contingency plan we have already implemented. Now that we are 25% of the way through the Association’s fiscal year, we are able to see some trends and get a little bit of a better handle of where we are at financially. When we put the 2009-2010 budget together, we projected sales of 130,000 iron posts. This is a significant drop in even last year’s sale of 195,570 iron posts and is projecting to be the slowest year since 1995-1996. At every meeting, since last November up until the time the 2009-2010 budget was approved, the post sale budget numbers kept being reduced. The new business motion at the 2009 AGM asked the Council to put together a contingency plan if post sale numbers proved to be 25% lower than what was budgeted. After three months, the seasonally adjusted post sale figures show that we are at about 88% of budget. This is obviously

much better than the contingency plan of 75% of budget, but still much less than what we had forecast in the budget. Post sales are a significant part of the Association’s finances. Membership dues are expected to meet budget for this year but no one wants to consider raising membership dues next year after the membership was asked to swallow such a large dues increase this year. On the investment side of things, the Association is in good shape with its new investment advisor. The portfolio remains in the building stage with the emphasis on the fixed income portion of the portfolio. The investment manager will continue to build the equity portion, but recognizing the general risk aversion associated with the portfolio, has erred on the side of caution. The Association also collects revenues from ALS News advertising and golf and AGM sponsorships and we must expect that it will be difficult to continue to get revenues from these sources as firms closely watch their discretionary spending. A number of traditional Public Relations Committee initiatives were cut for this year. This included attending various conferences and hosting the first-year University of Calgary barbeque. Membership in some organizations was cut and other small scale expenses were eliminated. The January/February regional meetings were eliminated this year leaving two regional meetings in each of the four major centres. The president’s tour to the smaller locales was cut this year. On a larger scale, we have been able to find some significant savings by adjusting our staffing levels. Tara Lacerte has left us and we are trying to reassign her duties amongst the existing staff. It won’t be easy because the workload in the Association office has not changed but we will try to find a way as we always have. So, what is the next step in the contingency plan? What will we do if the economy gets worse? First off, hopefully, it will not get worse. This does not appear to have been the worst recession since the 1930s as was originally talked about only a few months ago. At the same time, natural gas prices are quite low and that spells trouble for a provincial economy dependent on natural gas for its revenues. In speaking with members, some of them are busy, albeit with smaller crews. In some other cases, more layoffs are not out of the question. We have been talking about changes


to the systematic practice review program for more than a year now and I believe there is an opportunity to significantly streamline practice review and marry it with continuing education to form a robust continuing competency program. I hope that this program could be even better than what we already have and cost a fraction of what we have been spending. Time will tell. I know that Council Liaison Connie Petersen and Director of Practice Review Chris Everett and others have been working to get their heads wrapped around that issue.

We are attempting to do things in a different way which will hopefully mean that Association members will not see an impact in services provided to them. So, that is where we are at with the Association’s finances. It’s not as bad as it could have been but not as great as we might have hoped. We are attempting to do things in a different way which will hopefully mean that Association members will not see an impact in services provided to them. I definitely do not expect that the public will see any changes in what we provide to them.

letters Preparing for the ABCLS TILMA Exam On June 12th and 13th of this year, a number of Alberta Land Surveyors who were preparing to write the ABCLS TILMA qualification exam met for a twoday study seminar in Calgary. Bronwyn Denton, BCLS, led the seminar with presentations covering all the material material that could be expected to be encountered on the exam. As co-organizers of the event, we found Ms. Denton to be well-prepared in the material and an excellent presenter. As exam candidates, we found the seminar to be extremely helpful and well worth the time and expense. We would recommend Ms. Denton and this seminar, without reservation, to all Alberta Land Surveyors who are preparing to write the TILMA exam. We could not imagine writing this exam without the benefit of this seminar. It is by far the most efficient way to prepare.

Reid Egger, ALS Stephen Fediow, ALS

110

%

Bob Skillen, Chief Advancement Officer University of New Brunswick

Terminology Used in Reference to Survey Monuments

I thought you might find this picture of Ryan Schuler of some interest. Ryan, who graduated in May with a BSE (Geodesy and Geomatics Engineering with a Cadastral Surveying Option), received the Alberta Land Surveyors’ Association Academic Achievement Award in 20082009. Such suppprt is not only a financial boost for students but a tangible vote of confidence in the work they do. We at UNB are proud of the accomplishments of all of our students and being able to provide support and recognition through scholarships such as yours is important. I

On page 9, paragraph 5 of the June 2009 edition of ALS News, there is a reference to “placing pins” and “place such pins.” The use of the word “pins” is used on one other page as well but a re-read failed to find it. Carl Lester, A.G. Stewart, J.H. Holloway and other old-time land surveyors used to insist on the use of the words iron posts and iron bars rather than “pins.” You can “pin” a tail on a donkey, you can use “pins” for attaching baby diapers and “pin” a medal to a tunic, but you can never, never use the word “pin” when referring to a land survey monument. I always enjoy reading ALS News and I congratulate you and your staff for the fine job you do in preparing each edition.

George C. Walker, ALS, P.Eng.

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association notes New Members

#829 DESCHAMPS, Jason P.

Jason Deschamps was born in Edmonton, Alberta in 1974. He graduated from Bowness High School of Calgary in 1992. He went on to graduate from the University of Calgary with a BSc in Physics and a BSc in Geomatics Engineering. Articles were served under Alberta Land Surveyors Jason Paziuk and Bruce Gudim from January 2007 until he received his commission on June 30, 2009. He presently serves on the ALSA’s GNSS Guidelines Working Group. Jason is experienced in subdivision, real property report, wellsite and right-of-way surveys. Leisure activities include hockey, cycling, law and history. Jason is married to Sarah and they have one daughter, Chloe who is six years of age.

#830 BLOMMAERT, Ryan P.J.

Ryan Blommaert was born in Yorkton, Saskatchewan in 1974. He graduated from Yorkton Regional High School in 1992. He went on to receive a BSc in Land Use and Environmental Studies from the University of Saskatchewan and, in 2001, he received a diploma in Geomatics Engineering Technology from NAIT. Craig McBride, ALS served as Ryan’s principal from May 2006 until he received his commission on July 13, 2009. He has served on the ALSA’s Professional Development Committee since 2008. Ryan has been employed with McElhanney Land Surveys (Alta.) Ltd. since 2001.


Ryan enjoys movies, golf and cooking. He is married to Pam and they have one child, Joely, who is one-year-old.

#831 HANSEN, Tyler J.

Tyler Hansen was born in Kelowna, BC in 1980. He graduated from Canmore Collegiate High School in 1998 and from the University of Calgary with a BSc in Geomatics Engineering in 2004. Articles were served under Doug MacAulay, ALS, CLS from February 2005 until he received his commission on July 15, 2009. He has served on the ALSA Standards Committee since 2007. Tyler has been employed with Alpine Land Surveys Limited of Canmore since 1998. Downhill and cross-country skiing, curling, kayaking, hiking and poker are a few leisure activities that Tyler enjoys.

#832 BOURGEOIS, Mathieu

Mathieu Bourgeois was born in Quebec City in 1977. He graduated from Mathieu-Martin High School in 1995 and received a BSc from the University of New Brunswick in 2003. Articles were served under Joe Longo, ALS from 2005-2008 and under Kevin Jones, ALS from 2008 until he received his commission on September 23, 2009. Mathieu volunteers with the Alpine Club of Canada. Surveying experience includes oil and gas, municipal/urban, and control surveys. He is presently employed with Jones Geomatics Ltd. Mathieu enjoys fly fishing, ice and rock climbing and sailing. He is married to Stacey Karalash and they reside in Calgary.

ALSA Member Updates ACTIVE Arlin Amundrud has left Global Surveys Group Inc. He can be reached at 403/270-8589 or 403/462-7487; Email: [email protected]. Cheri Berns is now working at the Lethbridge branch office of Stewart, Weir & Co. Ltd. Ryan Blommaert received his ALS commission #830 on July 13, 2009. Mr. Blommaert is employed with McElhanney Land Surveys (Alta.) Ltd. of Edmonton. Rosalind Broderick is now employed with Alberta Sustainable Resource Development. Her contact information is: Lands Division, 9820 - 106 ST NW, 15th Floor, Oxbridge Place, Edmonton, AB T5K 2J6; Tel: 780/422-0043; E-mail: [email protected] Mathieu Bourgeois received his ALS commission #832 on September 23, 2009. Mr. Bourgeois is employed with Jones Geomatics Ltd. of Calgary. Rod Buchko: direct phone number is 780/945-2577. Bruce Clark has assumed supervision, direction and control of the Fort McMurray branch office of McElhanney Land Surveys (Alta.) Ltd. Jason Deschamps received his ALS commission on June 30, 2009. He can be reached at 15 Scenic Rise NW, Calgary T3L 1A6; Tel: 403/245-4472; E-mail: [email protected]. Brian Doyle: direct email address at Pals Surveys is: [email protected]. Tyler Hansen received his ALS commission #831 on July 15, 2009. Mr. Hansen is employed with Alpine Land Surveys Limited of Canmore. John Landry is now working solely out of the Edmonton office of McElhanney Land Surveys (Alta.) Ltd. Donald Lantz: contact information in New South Wales is: Tel: +61(0)2 4968 6817; Cell: +61 (0)437 996 233; Fax: +61 (0)2 4968 6800; E-mail: [email protected]. Allan Martin: e-mail address is afmartin@ gmail.com. David McArthur: new e-mail address: [email protected].


Philip O’Connor has moved to: 44 Jenkins Drive, Quispamsis, NB E2E 0J4; Tel: 506/651-1218; E-mail: [email protected]. Connie Petersen is now employed with Stewart, Weir & Co. Ltd. and has assumed supervision, direction and control of the branch office in Lethbridge. Cathy Sprott moved to Olson Surveys Ltd. on September 1, 2009. Her e-mail address is [email protected]. Paul Westersund: new e-mail address [email protected]. Gerald Whaley has joined Baseline Geomatics; his present e-mail address is [email protected]. Al Zaver: direct phone number is 780/915-3416. Vince Ziegler is operating as a sole practitioner and will be applying for a new surveyor’s corporation. He can be reached at #102, 5108 - 50 Avenue, Wetaskiwin, AB T9A 0S6; Tel: 780/312-8382; E-mail: Ziegler@ xplornet.com. RETIRED Gordon Repp became a retired member on August 27, 2009. Norman Suvan is with Nor-Chris Holdings Inc. located at 10306 - 138 Street, Edmonton T5N 2J3. ARTICLED PUPILS Lana Bily has changed offices of Midwest Surveys Inc. She is now at 130 King ST Estevan, SK S4A 2T5 Tel: 306/634-2635; Fax: 306/634-3164. Her email address of [email protected] remains unchanged. Jerrad Gerein: mailing address with AllCan Engineering & Surveys (1976) Ltd. is 1928 - 10 Avenue SW, Calgary T3C 0J8. Brandon Mol has terminated his articles under Doug Neufeld, ALS on July 21, 2009. Jeremy Park is now employed with Core Geomatics Group Inc. and has transfered his articled to Doug Shapr, ALS. Tel: 403/850-9691; E-mail: jeremy. [email protected]. Evgeny Petushkov is now with MMM Geomatics in Calgary. Email address is [email protected] and direct phone is 403/863-7356. Jennifer Setiawan recently married and her last name has been changed to Jackson. Her e-mail address will change to [email protected].


Prakar Shrivastava is now with Fugro/ SESL in Regina, SK at 2616 Victoria Avenue E, S4N 6M5; Tel: 306/3597375; Fax: 306/359-3853. ASSOCIATE Trevor Benner is at the 42nd Avenue SE office of Focus Surveys Limited Partnership; Tel: 403/294-3123. Greg Hebb contact information is: 119 Dorchester Drive, St. Albert T8N 4Y4; Tel: 780/691-1804; Fax: 780/4601657. Ian Sanders is now at the 916 - 42 Avenue SE location of Focus Surveys Limited Partnership in Calgary; Tel: 403/263-8210. CORPORATE Midwest Surveys Inc. in Edmonton has moved to 9830 - 42 AVE Edmonton, AB T6E 5V5. Phone and fax numbers are unchanged.

Stewart, Weir & Co. Ltd. opened a new branch office in Lethbridge at #30, 491 WT Hill Blvd. S., T1J 1Y6; Tel: 403/320-1135 or 1-888-420-1135; Fax: 403/320-1185. Tigra Surveys Ltd. has been registered as a surveyor’s corporation under permit number is P249. The land surveyor for the corporation is Andrew Christian. The firm’s contact information is: 10714 - 180 Street Edmonton, AB T5S 2J6; Tel: 780/909-7139; E-mail: [email protected]. CANCELLATIONS The membership of the following individuals was cancelled as of August 4, 2009 for non-payment of the 2009-2010 membership dues: • D. Luu (Articled Pupil) • A. Shillingford (Associate Member) • D. Pearce (Retired Member)

February 16, 1912 to June 9, 1988

how to deal with lot corners established during this time frame Prior to February 16, 1912 it was mandatory to monument all lot and block corners on subdivision surveys. These monuments still govern lot corners if found undisturbed in their original position. During the period of February 16, 1912 and June 9, 1988, it was not a requirement to monument lot corners that were not also points of change in direction or were on a curve. Therefore, it follows that monuments placed at lot corners during that time frame do not govern the position of those corners. This appears to make sense until one realizes that lot corners could have been marked by any one of the following: wooden posts and ‘lot bars’ (normally ½ by ½ by 18 inch bars or similar sized rebar), statutory iron posts, or nothing at all. Many larger parcels were monumented with statutory iron posts. Often these larger parcels were designated as blocks, which then leaves little doubt as to the status of the monuments. On the other hand, many of these parcels were designated as lots. Furthermore, a large number of acreage subdivisions, where the lots are typically 0.81 to 1.21 ha (2 to 3 acres), were posted at all corners with statutory iron posts. These parcels were designated as lots within blocks. Here is where the question arises. Do the iron posts govern or not?

It appears that the ALSA membership is somewhat divided and concerned on this point so much so that, during the new business segment of the 2009 AGM, a motion was passed asking Council to pass this concern on to the Standards Committee. During the discussion, it was mentioned that perhaps the matter should be referred to the Practice Review Board for an interpretation. It appears to me that the mere application of a label, lot verses block, can therefore change the status of the statutory iron post intended to mark the parcel corner. It may well be that land surveyors are willing to distinguish between lots and blocks to determine monument status; however, that is not really the point. The real point is that the public, whom we are mandated to protect, will not make that distinction. In fact, the public is entitled to rely on statutory iron posts as being the true position of a property corner. Therefore, in my humble opinion, all statutory iron survey posts shown on registered plans as marking parcel corners should bear equal weight and, if found to be undisturbed in their original position, govern that parcel corner in the same manner as lot corners on plans registered prior to February 16, 1912.

Hugo C. Engler, ALS

Net Notes

The 2009 Webby Awards (www.webbyawards.com) for “professional services” were announced this past May. Sites are selected based on excellence in the following criteria (but not limited to): content, structure and navigation, visual design, functionality, interactivity and overall experience. Webby Award cake-factory by Thoughtomatic www.cake-factory.com People’s Voice Winner Hornall Anderson Website by Hornall Anderson www.hornallanderson.com Other Nominees KOKO3 Architects by Kokoro & Moi www.koko3.fi Razorfish.com by Razorfish www.razorfish.com Who is Joe? by Gloo Digital Design and Joe Public www.joepublic.co.za

Director of Surveys Update The Surveys and Technical Services Section of Alberta Sustainable Resource Development is working to improve and update its services to you and all Albertans.

Dual Registration of Public Land Surveys Policy

On August 1, 2009 the Director of Surveys prepared a policy document for registration of public land survey plans. The Director has determined that the intent of the Surveys Act has been met with registration of public land disposition survey plans at Sustainable Resource Development, and duplicate registration is not required at the Land Titles Office. The policy document can be found at the web site http://srd.alberta.ca/ by clicking the LANDS tab across the top, the Director of Surveys tab on the side bar, the Publica-

tions / Forms tab on the side bar, and the Policy Document Re: Dual Registration of Public Land Surveys document.

Rosalind Broderick, ALS Joins the Director of Surveys Office

On August 1, 2009 Ms. Rosalind Broderick, ALS joined the section as a land surveyor. Rosalind received her commission on April 1, 2009 and has several years of oil and gas survey experience in the private sector. Welcome Rosalind!

Mike Michaud, ALS Director of Surveys

Naturally Resourceful What’s New at Stewart Weir? Not too much, yet a lot. We are still focusing on our core values – quality, meeting client expectations, and staff fulfillment. We believe that these core values will allow our personnel and our firm to remain sustainable and we think our clients value that. On the new side, we have implemented a Quality Management System (QMS) that includes processes for client feedback and continuous improvement. We have applied for ISO 9001:2008 certification. We continue to move ahead with new plans, ideas, and initiatives. We’ve been impacted by the Alberta economy, but the province still leads the Nation and continues to grow and prosper. We believe we are part of that. Stewart Weir has been around since 1912 and, with a strong commitment to our clients and our staff, we firmly believe that we will continue to thrive for years to come. Sound interesting? Check us out!

Community Development

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Your partner in the Field

45th Annual ALSA Golf Tournament This year there were 113 golfers who participated in the 45th Annual ALSA Golf Tournament. The weather was cool, windy with light drizzle but everyone made the best of it. We were able to raise $1,681 through the sales of mulligans and raffles tickets for the J.H. Holloway Foundation. Thank you to everyone who contributed to foundation. Don Taylor from Jones Brown was the early bird prize winner and the lucky winner of two nights accommodation at The Fairmont Jasper Park Lodge was David Marquardt, ALS.

We had a putt-off to determine the winning team of the tournament again this year. It was between team #30 (Brian Stecyk, Pat Moloney, and Blake Schultz) and team #10 (George and Colleen Smith, Eamon McCann and Len Becker). In the end, team #10 came out victorious. Congratulations team #10!

Team #10 receives the trophy from President Don George

Hole-in-One Prizes

David Marquardt being congratulated by President Don George

Spatial Technologies Partnership Group 6th Hole—Harley Davidson Motorcycle Universal Surveys Inc. 7th Hole—$15,000 CASH Butler Surveys Supplies Ltd. 16th Hole—$10,000 CASH

Tournament Sponsors

Alberta One-Call Corporation Alison Redford, MLA All Alberta Plumbing & Gasfitting Ltd. APEGGA ATCO Electric Butler Survey Supplies Ltd. Caltech Surveys Ltd. Cansel Delta Land Surveys Ltd. Diversified Geomatics Group Inc. Fine-Line Jewellers Hilti Canada Jardine Lloyd Thompson Jones Brown Insurance Brokers & Consultants Ken Allred, MLA Land Measurement Systems Menzies Printers Meridian Surveys (Alta.) Ltd. Olson Surveys Ltd. Peterson Walker LLP Rose Country Russel Metals Snell & Oslund Surveys (1979) Ltd. Spatial Technologies Partnership Group Stewart, Weir & Co. Ltd. The Fairmont Jasper Park Lodge Universal Surveys Inc.

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director’s message The opinions expressed in this piece are solely those of the writer and in no way necessarily reflect those of the Practice Review Board.


...before a survey is begun in the vicinity of a watercourse it is good practice to point out to all interested parties at the very outset as to what is meant by the term “bank” as it is applied to titled boundaries in Alberta.

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T

his article concerns the “bank” as a natural boundary and is inspired by a situation I found during a field visit as part of the practice review process last month. The plan of survey under review, showed a line that was labeled “bank,” on the plan but upon inspection on the ground, I found that this line did not, in fact, represent the “bank” as defined in the Surveys Act. The “bank” as shown on the plan was apparently intended to represent the natural boundary of the surveyed parcel. It was drawn as a sinusoidal line (in part) and showed traverse offsets to the edge of the channel (physical bank) and not to the legal bank. Confusion had occurred as the approving document referred to “detail removed” as the required boundary. There appeared to have been a misunderstanding between the planner and the surveyor as to where the boundary line of the new parcel should be drawn. Particularly, it is the word “bank” that is often confused with the “physical bank.” For example, in legal surveys there is no such thing as “top of bank.” The “bank” is simply a line separating different species of vegetation or different soil types. As one of the main objectives of the Practice Review Board is educational, I have made it a point during my visits to practitioners to ask what seminars

sponsored by the Professional Development Committee are of most value. Among the several topics that have been suggested, natural boundaries has come up frequently. One successful seminar on this topic was attended by a full house but unfortunately it will be a while before another one can be given again. So, in the meantime, a simple review of “Natural Boundaries 101” might be useful. Here, we will not consider boundaries adjacent to tidal waters (there are none in Alberta) or navigable and non-navigable watercourses, as along with riparian and littoral rights, common law and man-made improvements, these would require a much more detailed treatise than this column permits. Back to our example! The owner of a quarter section has a creek (watercourse) running through the approximate centre of his quarter and he wishes to split it into two parcels one on either side of the creek. The creek is well-defined and, although it is mostly dry during the summer months, it has a well-defined bank. How does the Surveys Act define watercourse bed, bank, and shore? First, to qualify as a watercourse, it must consist of the water, a bed and the banks, which must be: “...distinct enough to form a channel or course that can be seen as a permanent landmark on the ground.” (Wilson v Murray 1897 12 Man R35)

Flood waters and summer droughts are ignored as the water is not in its location long enough to leave a permanent mark on the land. Also, the channel must have been developed by natural means but it does not have to have flowing water year round. At the time of the survey, our creek was almost dry but there were bulrushes (which only survive in wet areas) in the bed, and the channel was easily discernible. Using these criteria, our watercourse definitely qualifies as a watercourse. The statutory definitions of bed, bank and shore of a watercourse is as follows: “(2) When surveying a natural boundary that is a body of water, the surveyor shall determine the position of the line where the bed and shore of the body of water cease and the line is to be referred to as the bank of the body of water. (3) For the purposes of this section the bed and shore of a body of water shall be the land covered so long by water as to wrest it from vegetation or as to mark a distinct character on the vegetation where it extends into the water or on the soil.” (The Surveys Act (RSA 2000, Part 1, Section 1) The owner of the quarter section does not have claim to the bed of this creek. In Alberta, with a few exceptions, title to the bed of a watercourse is vested in the Crown. This is quite clear in the Public


professional development Bed tion

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Lands Act. “Subject to subsection (2) but notwithstanding any other law, title to the beds and shores of: a. all naturally occurring bodies of water, and b. all naturally occurring rivers streams, watercourses and lakes, is vested in the Crown in the right of Alberta and a grant or certificate of title made or issued before, on or after May 31, 1984 does not convey title to those beds or shores.” (Public Lands Act Chap P-40 sec (3)(1)) For exceptions see section 3(2). If we are to use the bank as the boundary for our new parcel, then it will be necessary to survey the limits of the bank according to the Surveys Act. This may be completed in one of several ways and Section 1 also of Section 17 of the Surveys Act states: “…may do so by any survey method that has the effect of accurately determining its location at the time of the survey…” The Manual of Standard Practice (MSP) also allows for “any method.” However, there are two provisos specified in the MSP. First, that the method of survey used must define the bank to within 0.005 metres at a plotting scale of the survey plan and, second, that the method used must be noted on the plan. In addition, the position of the bank must be accurately fixed with relation to the parcel boundaries and accurate ties taken at least every thirty metres along the bank (not along the traverse). More frequent ties will be needed to show the shape of the bank if there are abrupt changes. The


thirty metres is a minimum. The method of survey depicted on the plan must represent the method of survey as completed in the field and as recorded in the field notes. This is both a requirement of the Manual of Standard Practice (at section C.4.3) and at section 16 (SUR1) of the Land Titles Procedures Manual. It should be remembered that a natural boundary is the highest in the hierarchy of evidence and its accurate location is critical. In later years, any erosion or accretion will be calculated from the natural boundary as it appears at the time and compared to the original survey. In my experience, there are three methods commonly used to survey banks. These three are: • by traditional traverse with offsets; • radial surveys using a total station or by GPS ties; • aerial photography, maps or digital imagery. When surveying the bank from a traditional traverse with offsets, the traverse points should not be marked with iron posts, as I have seen in some instances. I believe this is bad practice as the layman who finds these posts may well consider this to be a boundary line. Wooden traverse hubs or spikes are quite adequate. Radial ties can be shown in tabular form. When fixing the bank from aerial photographs or digital data, it is imperative that the surveyor inspects the boundary on-site to ensure the correct interpretation of the bank. Precise interpretation of the

bank from digital data or aerial photography data is difficult at best. The photograph and diagrams showing control and ties to parcel boundaries must be included with the field notes. A full description of the photos or data set used should appear in the legend on the survey plan. The following statements are a requisite of the Land Titles Procedures Manual: “the plan must contain the appropriate statement such as: “Banks of the Saskatchewan River surveyed by John Doe, ALS (Date)” or “Left Bank of Little River plotted from _____ (specify the aerial photography or other remotely sensed data used. the method of data capture and the date of data capture.),” Finally, in some circumstances it is the intention of the parties to define the boundary of the parcel with reference to the physical bank. This can be done by surveying a series of straight lines between monumental points that approximate the top of the physical bank. I suspect, in this instance, that was the case. This straight line boundary must be monumented and cannot be sinusoidal. I therefore suggest that, before a survey is begun in the vicinity of a watercourse it is good practice to point out to all interested parties at the very outset as to what is meant by the term “bank” as it is applied to titled boundaries in Alberta.

Chris C. Everett, ALS (Ret.) Director of Practice Review

E

ven though the current state of the economy has brought a general slowdown to the surveying industry over the last year, this has not decreased the workload for the Professional Development Committee. In fact, a number of ongoing and new developments have increased the Committee’s agenda, with many seminars and initiatives to look at over the next year. In line with ALSA Council budget concerns, the Committee has cut out the regional group meeting in January. On a similar note, the Committee has spearheaded the use of online committee meetings. Since 2008, the Committee has tried a number of web-based meeting applications before finally settling on gotomeeting.com for all non-face-to-face communication. This application has recently been adopted by Council for all non-statutory committees, and has the potential to save a good deal of money previously allotted for traditional land-line conference calls. At the most recent Professional Development Committee meeting, it was decided to postpone the popular field note seminar that was scheduled to run this fall until the seminar could be updated to include more information on collecting and managing digital field records. This

...the Committee has tried a number of web-based meeting applications before finally settling on gotomeeting.com for all non-face-to-face communication. update comes as a response to comment cards that were filled out at the end of previous seminars. The comment cards that are filled out at the end of all seminars are collected and collated at the conclusion of each seminar. These comments—both positive and negative—are then discussed in Committee meetings and are a very important tool in changing seminar visuals and content so that it best suits the needs of the membership. I encourage you to take the time to fill out the cards at the end of any seminar, so that the Committee can use this information to revise or improve the current seminars. The Professional Development Committee strives to deliver seminars that its members see as worth-

while for themselves, as well as their staff, and a comment card is a perfect way of ensuring this. Another place where the membership’s help is appreciated is in the development of questions for the Exam Preparation seminar. A good bank of questions has been compiled, but new questions on all topics relevant to surveying are welcome and encouraged. Many questions are written by the members of the Committee, but with all of the other seminars and items being considered this year, this leaves little time for new question development. A large part of the work of the Committee is working out all of the details of the mandatory reporting which will start this year. We are diligently working on perfecting the questions for mandatory reporting questionnaire, and testing is being done with different platforms that will deliver the questionnaire to the membership. This work up front will hopefully make it easier for the membership to fill out the questionnaire and for the compiling of all of the data from the completed forms. To satisfy the requirements of the members, the Committee is looking at different delivery methods for its seminars and materials. The Internet and distance learning are two ways that will allow members in remote locations to take a seminar without having to make a large time and dollar commitment to do so. All of the seminars that the Committee puts on over the course of a year are organized by the volunteers of the Professional Development Committee with a great deal of support of the ALSA office. I encourage members who may not have the time or means to join a committee, to look for other ways to contribute to our Association. A gesture such as writing a question for the Exam Preparation seminar, or offering expertise and advice in the updating of the Field Note seminar is a way in which we can ensure that our seminars continue to be relevant and worthwhile for the members, and their staff.

Ryan Blommaert, ALS


public relations

AT

the risk of sounding like a broken record—how often do the people we meet inquire about our industry and have a basic knowledge of surveying? The classic verbiage people use to describe surveyors are, “those guys with traffic vests who make us slow down our cars with those instruments we think are radar cameras!” How often do we simply chuckle, nod our heads in agreement and simply state “yes… that is us” without further explanation to the person inquiring about our industry. Perhaps we nod our heads due to annoyance or time constraints, since describing surveying is not a one sentence answer. However, we belittle our profession and knowledge to the public if we do not take the time and explain what we do. A relative had called recently inquiring about staking a fence line. She knew I was involved in the surveying industry, but did not know if staking a fence line was in my scope of work. I said it was and proceeded to provide her with a quote. Like most consumers, she was astounded at how much a “simple” job costs and was wondering why it was so expensive? People, myself included, think in simplistic cost terms. We do not take into account the hidden costs of work such as overhead, support staff, equipment maintenance, office support, professional liability insurance, and so on. After I had mentioned why the job was “expensive,” she understood. In fact before our conversation, she did not have the slightest inkling that land surveying is a regulated profession! Once again, this made me ponder as to why surveying is not well known as a profession. Why is promoting our industry so important? Aside from the obvious of getting more clients and trying to acquire future surveyors, it is also important so that we protect the integrity of our profession. For example, in recent times, there have been a number of “survey” companies who have emerged and may have been doing boundary surveys, contrary to the Land Surveyors Act. By making the public more aware that we are a profession and have strict regulations, we reduce the public utilizing these illegal “survey” companies as well as save money on litigation. We do not have the luxury of the mass media like other professions which are even glamorized. For example, I can safely


...placing information online is beneficial ...the public is able to easily find the specific information they require using search engines such as Google. say most people have a basic understanding of what a doctor or a lawyer does. Popular television shows such as Law and Order or House provide even more of an insight into their respective industries, albeit sensationalized. I have not seen a prime-time television show about the adventures of surveying—not even on CBC. How can we, as a profession, combat this lack of knowledge of what we do? We have been trying to combat this lack of knowledge with pamphlets and attempting to educate kids about our industry with the “Made to Measure Crate” program. Unfortunately, this program is close to retirement as these crates usually only have a lifespan of five years and this program has been running for approximately seven. Pamphlets, due to the economic downturn, have become an expensive proposition to keep distributing. Perhaps we should use cheaper, new media outlets for getting the message out of what our profession does. The additional benefit, is that since more people are using newer media outlets such as the Internet, we are able to get our message out to a wider audience. As an association, we are attempting to use new media outlets to our advantage. For example, we have an electronic newsletter titled Boundaries which is aimed at informing the general public about frequently asked questions regarding our profession. Also, there is an

attempt to place more helpful items for the public online such as a fence building web page which is possibly in the works. The benefits of having information on the Internet/e-mail are two-fold. The first is that the cost of providing these services is minimal. Printing brochures and distributing them to the public is a costly venture and may not reach the intended audience. I have a humorous story regarding this matter. When Boundaries was still in print, my mother who works for a law firm excitedly showed me a publication she had pulled out of the garbage that a lawyer had thrown out after a glancing look at the cover. Naturally, as an articling student, I already had a copy of the Boundaries magazine and proceeded to send the second copy of the magazine to the recycling bin. With the Boundaries publication now being sent in electronic format, even if a person deletes the e-mail right after the subject line, it does not cost our Association any money and also saves the environment. The second reason that placing information online is beneficial is that the public is able to easily find the specific information they require using search engines such as Google. One does not need to flip through a magazine or book to find the information pertinent to them. Websites such as setyourboundaries.ca give information about our industry aimed at people aged 13-18, looking at potential

career choices. Perhaps not everyone will choose surveying as a profession, but a general knowledge of our profession at that age is paramount as our services are required in the future when they turn into adults. For instance, if my relative had access to this website at a younger, mature age, she would have a basic understanding of what our industry does and where to go for our professional services. It appears that as an association, we are taking some proactive steps to “get with the times” in promoting our profession. We have only scratched the surface as technology constantly changes. Popular media such as YouTube and Twitter could possibly be used to promote our profession. For example, YouTube is a media outlet which allows for videos to be uploaded for the entire world to see free of charge. A possible idea would be to have a series of videos sanctioned by the Alberta Land Surveyors’ Association chronicling different aspects of surveying from the field work to the office life. Once again, using this facet of media would be an inexpensive way to promote our industry. Naturally, we should not sensationalize our industry just to get more views of our videos, but provide a factual view of what we do. The advantage of having a series of videos is that humans are, by nature, creatures which like to utilize all their senses when experiencing things. Video submerses a person in the immediate environment with the exception of touch or smell. There is little interpretation when watching a video and it provides the most realistic environment just short of actually being there. This in turn, makes the viewer absorb more information and have a higher retention rate compared to a narrative. Twitter is a simple application which allows users to update their real-time status either on the Internet or on their mobile phone. A person or group has people who subscribe or “follow” these real-time status updates. Although simplistic in nature, this is a powerful tool which could be utilized to the advantage of the Association. Once again, a twitter group sanctioned by the ALSA could be created whereby important messages could be broadcast real-time and would be delivered to subscriber’s mobile phones. For example, a message could be sent regard-

world” holds true. What if a person in your twitter network knows your client personally and lets them know about how you feel? In the client and public eye, this would look extremely unprofessional. Although it would be difficult to regulate, it would be prudent to use common sense and professionalism in terms of conduct with sites like Twitter and YouTube. This would include any employees representing your company. As was mentioned in the article last year, what you perceive as anonymous comments/videos are read/ viewed by many and are a direct reflection of our Association whether positive or negative.

Hopefully as time progresses, we can utilize these media outlets in a positive manner... ing a new regulation of surveying which could affect the public interest. We could also use this technology to our advantage as we could remind members of deadlines and meetings. The advantages of Twitter are numerous. How often are mobile devices like another appendage and go with us everywhere? Often we check a mobile device more frequently than we should. Gone will be the excuse that “I did not have my inbox open” or that “I don’t check my e-mail frequently.” Second, like with most new media technology, this service is inexpensive and a layperson can use it. Often, webpages are updated slowly due to technician availability despite having new information available. Twitter has a very simple, intuitive interface. With a click of a button one could send a message to any “follower,” The problem with all these new media sources was touched on in a public relations article in September 2008. A jaded field crew or land surveyor could also use these same media outlets to place a negative image on our industry. For example, a land surveyor could “twitter” their disdain for a client. Although there are settings in which you do not have to show everyone your comments, the cliché “it’s a small

Hopefully, as time progresses, we can utilize these media outlets in a positive manner so that we are no longer “those guys in traffic vests” or seen as an “expensive” hindrance. Unfortunately, in my opinion, the largest barrier in the utilization of new media is apathy on both sides. The first is apathy on our side. How often do we have good ideas, and never follow through on them? For example, awhile back there was a website which was in the style of Wikipedia called “Sarwiki.” Its main purpose was to provide a database for surveyors. A great idea. However, no one contributed to the database and as a result it became archaic. This database was more for the benefit of us as surveyors! Naturally, if we are apathetic about using new technology such as the Internet to benefit ourselves, we most likely will not care about promoting ourselves to the public. If each of us as individuals contribute just a little to promote our industry through these new media outlets, not only will there will less work for the Association or individuals as a whole, but the information provided to the public will be that much more robust and complete.

Norman Chan, Articled Pupil


safety sense

Third Party Health and Safety Contractor Databases Do they ensure and promote safety?

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hen business in Alberta was booming, organizations whose operations mainly depended on contractors and sub-contractors began to have difficulties managing them. There were high costs and man hours spent in the selection and evaluation of these contractors. Over the past five years, web-based contractor databases have been introduced into industry by organizations from Canada and the United States. The theory behind these databases is to effectively manage, select, and evaluate the contractors who wish to work for Western Canada’s “Prime Contractors/Client.” Thousands of contractors and service providers from all across Canada were notified that many of their clients have made it a pre-requisite to use these programs if they would like to continue working for them. Many organizations were provided information that utilizing these databases would improve the overall safety and compliance within their own (service providers) company as well. Contractors were given a time frame in which to upload various health and safety and non-safety related information onto these secure databases. They ask various questions regarding a contractor’s safety manual, statistics, Worker’s Compensation Board information, insurance requirements, training, incidents, and so on. Based on those questions answered and information provided by the contractor, the prime contractor/client will or will not utilize that contractor/service provider in their operations. It seemed that this was an effective way for large organizations to evaluate and select contractors. It would cut down on the man hours, costs, and the time spent having in-house evaluations done to the “HSE Pre-Qualification Questionnaires” that most clients ask their service providers to complete when selecting contractors. But is this attempt to evaluate contractors accurate and does it promote a company being safer? Is the client’s way of promoting safety a way for them to also wash their hands of it? It seems in some cases that, on a weekly—sometimes daily basis, the requirements set out by the prime contractors on these databases is constantly changing. Each client may have different requirements that you must fulfill. A service company must constantly update these systems. It has OHS professionals and administrator’s time tied up managing these databases. This is the time that they should be utilizing towards auditing, evaluating, and improving an organization’s safety management system. Instead, it’s used on managing individual client requirements. However, one would also be a fool to assume that there is an end to safety. An organization’s safety program is a living thing—constantly changing. But if a contractor/service provider’s OHS professionals are focusing on client

requirements and not their own, does this improve the safety culture and management systems within their own organization? Is this because they are the ones driving our industry? Are the questions and requirements that are being asked of service companies an accurate way to gauge their safety performance? As mentioned, prime contractors/clients are asking numerous questions about a contractor’s safety program. They delve into areas such as legislation. Now there can be benefits to a program that addresses this. There has been a lack of provincial government involvement when new businesses or companies are formed. New organizations have not been informed or trained in these safety obligations and legislation. In some cases, organizations aren’t aware of some of the legislation that pertains to them until provincial Occupational Health & Safety gets involved. A program that addresses some of the legal requirements that companies must abide by has value. It can inform companies on legislation, such as emergency response planning, hazard assessments, training, and so on. The glitch is that the programs and client requirements are so generic. Numerous service providers with different scopes of work that conduct business in the same industry are being grouped into one category. Occupational Health and Safety legislation does apply to every organization, no matter what industry you are in. However, the specific obligations for a company that conducts blasting/demolition or residential roofing operations are far different from that of a surveying or a drilling company. “Because this is written into legislation you must follow it…” Well yes, but only if it pertains to your industry and the work your company completes. Some clients have stated that “safety manual must state…” and if it’s not written in your manual then you will receive a negative score; thus, the potential of not working for that organization. These are extremely valid questions if your organization deals with these types of hazards. If you answered “no” to the questions of “do you provide training on?” or “does your program address…?” it can hinder your evaluation even though it has nothing to do with your company’s operations. Now contracting companies have to place information regarding leg-

islation that has nothing to do with their operations into their safety management system. Really now—obtaining worker buy-in is hard enough as is. When a new employee receives an orientation, they receive a large amount of information in a short amount of time. Now, we have to give them even more information that they will never use or be required to know. It’s not that the answers are wrong; their evaluations are being based on inaccurate evaluation of the questions to begin with. On the flip side, if you are a contractor that does deal with those situations or hazards, perhaps you have some work to do in your program. Another area that is reviewed is contractor’s Worker’s Compensation Board (WCB) information. They make sure that contractors/service providers are “members in good standing” with their provincial WCB. They also ask for copies of a company’s WCB rates. Prime contractors/ clients are looking here to see if there is a deviance from the employer’s rates from what the rate is for that industry. Here are some general statements: “If a company’s WCB rates are in discounts (paying below industry rates) then they must be a safe company. If a company’s WCB rates are in a surcharge (paying above industry rates) then they must be an unsafe company.” Using an organization’s WCB rates as a tool to measure a company’s safety performance is commonly used throughout industry. It is not, however, an accurate measurement of an organization’s safety program and management. For example; Company A has incurred thirty injuries during a year with little to no claims costs. Company B has incurred one injury with high claims costs. Company B now pays higher WCB rates than Company A. Does this make company A safer than company B because of costs even though they have had thirty times the incidents? It can take is one serious incident to increase a company’s rates for the next three years and can have detrimental effects on their evaluation in these types of systems. Some prime contractors/clients have stated that if contractors’ WCB rates are more the 5% over the industry rate, they will not use that company. With that kind of statement, it begins to strike fear in the owners of the service providing companies. This could start to promote non-reporting of claims. Organizations could tell their

injured employees to “go home for the next week with pay and relax until you’re better” because the cost of a week’s pay is less than the potential loss of a contract due to an increase in WCB rates. When a company reaches this point, it is no longer looking out for the well-being or the health of its employee. If that injury re-occurs seven months down the road and it is more severe than the previous condition, when it comes time to file the claim, a worker may not receive the compensation that is entitled to them because there is no record that the injury previously occurred for their employer. Also, if WCB is made aware that a company is promoting such practices, the company can be audited and has the potential to receive fines. At this point, nobody wins. Utilizing WCB rates as a measurement tool of a company is a lagging indicator. They don’t measure what is happening now with a company, they measure what has happened in the past. Many clients require potential contractors to obtain and maintain a Certificate of Recognition (COR) from Enform or another certifying partner to work on their projects. But the COR program only looks at the elements in a basic safety program. The scope and protocols of the COR audit are very specific and you cannot go above or below these protocols when auditing. A company may have scored an 88% on the COR audit; they may be lacking in areas such as legislation, best practices, safe work and operating procedures. The COR was an attempt to bring more companies in tune with safety requirements due to the benefits it provides for a company, such as WCB discounts and the ability to conduct work. Clients now realize that having a COR doesn’t mean that you are a safe operating company. This may be why clients are looking at the use of external database system providers. This is why they look at these systems. However, there are deficiencies with this path that need to be rectified for accurate evaluations of contractors, There is a responsibility on the client’s part as the prime contractor to ensure that contracting companies under them are conducting their work in a safe manner and following applicable legislation. This means conducting numerous formal and informal field inspections, auditing a company’s health and safety program, and

enforcement of their safety obligations and requirements. The most important tool after that is feedback. Without the feedback from the client, the process is useless. Areas that they did well on, and areas that they need to improve on. They need to start leading by example. There may be a need in industry for systems such as these safety databases to manage contractors. It will help clients select and use many of the hundreds of contractors that they may utilize. It does, however, need to be streamlined and be more accurate in the way it evaluates its contractors. These databases need to be refined in such a manner that it is specific to the contractor’s work type or the scope of work the contractor performs, not just the industry. The construction industry has many work types and skills within it. Some are very similar; others are very different. Using one generic way to evaluate them all is not an accurate measurement of a contractor’s safety performance. Once these databases becomes more specific or the COR process becomes more in-depth, will there be an improved metric of contractors? The evaluation is only accurate if the evaluating questions are accurate. Clients do need to reward safe companies. Clients need to stay “hands-on” with their contractors. These systems were to improve contractor/client communications. The opposite seems to be occurring. Contractors are having more issues from the fact that now there is a “middle man” to deal with. Formal evaluations, audits, meetings, observations are needed to be done by clients so they can ensure their contractors are working as they should. Clients need to attempt to help their contractors that are lacking to improve their safety performance. It is at that point where the decision for improvement is then in the contractor’s hands. Whether or not the contractors decide to make the change, industry clients should lead the way by setting an example for all companies to follow.

Rob Hartmann Safety Committee


registration

education news

Responsibilities of the Principal

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he pupil/principal relationship is a balance between two people who want to contribute to our profession. One is seeking to learn, and the other is offering to guide and instruct. While monitoring the training of our articled pupils, the Registration Committee often focuses on the pupil and makes very few comments about the principals. But for a few minutes, I would like to offer some suggestions to those dedicated surveyors who have taken on a pupil. Here are a few practical suggestions on things to help you help your pupil(s). First, the pupil/principal should meet on a regular basis to review what goals have been achieved, to set new objectives, and provide an opportunity to have general discussions on ‘how things are going’ and the changing expectations of each person. These meetings could be weekly, or monthly depending on the stage of the articles, but I would suggest that they should be held at least quarterly. Another element

to the principal’s involvement is to be certain to attend the annual interview with the Registration Committee. You might be thinking that it is a pro forma event, but there are news items and advice/comments that are exchanged in that setting. Second, the principal must be involved with the project reports of the pupil. For me, this means that I will review the written report as it is being created. I feel that if I wait until the pupil has completed their report, then there has been little advice from the principal and the “final product” is on the table. The principal should be as familiar with the project report guidelines as the pupil. Read the report, critique it, and offer feedback before you sign the principal certification form. Occasionally, when I read a project report that has been submitted to the Registration Committee, I wonder if the principal ever saw it. Here is a place where your experience is needed, and I would suggest that your pupil would create a better report for it.

Last, when the articled pupil is nearing the qualifying exam, the principal can play a key role in preparing the pupil. Perhaps your pupil/principal meetings need to become more frequent. Organize several mock qualifying exams for your pupil. I believe that part of your role in this stage is to ask questions that are not simplistic. Business questions, ethical questions, questions that seek an opinion and not just a right/wrong answer are all important areas to test your pupil on. Another aspect of completing the training is attempting to instill confidence and a professional manner in your pupil. One additional thought to keep in mind—the pupil will be representative of the principal’s legacy so the principal should ensure the pupil is ready for the qualifying exam or professional responsibility. There are lots of different ways to “build” a new Alberta Land Surveyor, but the role of the principal is key in creating a productive, skilled and knowledgeable professional.

University of Calgary Awards

Nishad Wijesekara won a 2009 GEOIDE best student poster award at the 11th GEOIDE Annual Scientific Conference in Vancouver, BC. The project is entitled “Integrating a land-use cellular automata (CA) model with a hydrological model (MIKE-SHE) to simulate the impact of land-use changes on water resources in the Elbow river watershed in southern Alberta” and was co-authored by A. Gupta from Alberta Environment and C. Valeo from Department of Civil Engineering University of Calgary. PhD student Vidya Renganathan won the Canadian Geophysical Union Geodesy section best paper award and an honourable mention in the Shell Canada Student poster award competition. Vidya won the awards for her work on Arctic sea ice freeboard height retrieval from laser altimetry.

Allan Main, ALS

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Discover the Difference Experience Makes For more information on the CCLS Professional Liability Program or for any of your insurance and risk management needs, please contact:

Ante Petricevic, Vice President – Jardine Lloyd Thompson Canada Inc. Suite 400, 220 – 12 Avenue SW, Calgary, Alberta T2R 0E9 Tel: 403 264 8600 • Toll Free: 1 800 461 5142 • Fax: 403 265 5505 e-Mail: [email protected] • web: www.jltcanada.com


Congratulations to Pascal Olivier Gaggero for being awarded the Prix Omega and the Prix Electrosuisse from the University of Neuchâtel, Switzerland, for his Master thesis on “Effect of Oscillator Stability on GNSS Signal Integration Time” completed as a visiting student in the PLAN Group from the University of Neuchâtel in 2007-08. Pascal, who is first lieutenant in the Swiss Army, is now pursuing his doctoral studies in nano-medicine/nanoimaging at the CSEM (Centre Suisse d’Electronique et de Microtechnique) and the University of Neuchâtel, Switzerland. Congratulations to Kannan Muthuraman who was awarded the “GEOIDE Communicator of Excellence” Award for his presentation on “Designing Robust GNSS Receivers of the Future” at the 11th Annual Scientific Conference of GEOIDE held in Vancouver, May 27-29. The presentation, co-authored by Cyrille Gernot and Aiden Morrison, focused on some of the research conducted in the PLAN Group under GEOIDE Project 34 headed by Professor Lachapelle during the period 2005-2009.

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Other News

The Geomatics Department BBQ in May was an opportunity to thank Dr. Naser ElSheimy as he stepped down from the role of Department Head, and also to welcome

Dr. Ayman Habib as the new Department Head of Geomatics Engineering. Derek Lichti was promoted to Associate Professor effective April 1, 2009. Dr. Kyle O’Keefe has accepted the position of the Associate Head of Undergraduate Studies effective July 1. John Holmlund, Executive Chairman of the Board at Focus Corporation, gave the convocation address after receiving an Honorary Doctor of Laws Degree, the University of Calgary’s highest academic honour.

University of New Brunswick Congratulations

Congratulations to GGE’s John McLaughlin for receiving the Order of New Brunswick. The announcement was made by the Premier during the official New Brunswick Day celebration held in McAdam on Monday. The honour was established in December 2000 to recognize individuals who have made outstanding contributions to the social, cultural or economic well-being of New Brunswickers. According to the official announcement, “John McLaughlin is receiving the Order of New Brunswick for his dedication to post-secondary education, his lifelong efforts to improve public policy in the province, and his promotion of youth accomplishments and participation in the local community.” Congratulations to Dr. John Hughes Clarke who was recently awarded a Canada Foundation for Innovation (CFI) grant of $396,415. The grant project is entitled “Chirped, Broad-band, Stabilized Multibeam Sonar for Ocean Mapping Research and Arctic Operations.” Dr. Hughes Clarke’s grant was one of six CFI grants recently awarded to UNB for a total of $904,819. The grant will support the acquisition of a chirped broadband mid-frequency multibeam sonar and associated GPS-inertial positioning and oceanographic systems to develop a middepth (