D R A F T
NAFTA Questions -Combined Answers
I
EDUCATION:
A
What percentage
practicing surveyors have a four-year college degree in surveying?
40% / New 100 – existing 50% - Canada
80% of the practicing surveyors
have a four year college degree - Mexico
At the present time, only about 5%. A larger percentage, approximately
20%, have degrees in civil engineering, forestry, geology, and other related
fields. - USA
B
How many states/provinces have colleges that offer four-year degrees in
surveying?
4 - Canada
In the Mexican Republic there are 7 states that offer a four year degree in surveying.
- Mexico
Approximately 25 of the 50 states and 5 territories have colleges
offering four year degrees. Of those, 15 are accredited. - USA
C What is the central
accrediting body for surveying degrees?
Canadian Council of Land Surveyors (CCLS) – Canada
The central accrediting body for surveying is: La Dirección General de
Profesiones, dependencia de la Secretaria de Educación Pública (SEP). - Mexico
The Accreditation Board for Engineering and Technology (ABET). - USA
D Are all four-year
degrees accredited by this body?
Yes - Canada
Yes, all four year degrees are accredited by this body. - Mexico
All are accredited when they have been in place for at least three
years and meet the requirements. There are three commissions within ABET:
engineering accreditation (EAC), related accreditation (RAC), and technology
accreditation (TAC). In order to meet the education requirements in most
jurisdictions, the program must be either EAC or RAC accredited. - USA
E
What percentage of
practicing surveyors has a higher college degree than a four-year college
degree?
5% - Canada
Less than 2% of practicing
surveyors have a higher degree than a four year degree - Mexico
Less than one percent (1%). - USA
F
What is the education level of the practicing surveyor that has less than
a four-year college degree?
Grade 13 Plus (in most cases each provincial
association curriculum establishes an education level equivalent or nearly so
to a 4 year college degree). - Canada
A certificate is required, that is given after completing ( ) units beyond the level of high school
degree - Mexico
A high school education is the lowest level. Approximately 15% of
practitioners have an Associate Degree (AA) or equivalent. This is usually a
two year degree program. - USA
G How many
states/provinces have colleges that offer a college degree that is less than
four years?
All provinces have community colleges that offer a
diploma in surveying. In some cases a diploma from a recognized college will be
given credits towards a university degree. - Canada
Only 6 states
have a college that offers a degree in less than four years. - Mexico
Currently 35 or higher. Programs are being added at all times. - USA
H Other comments:
In addition to obtaining a degree in geomatics
(surveying) from an accredited university each provincial association sets
professional exams that, together with an articling period (1-2 years), must be
passed in order to achieve a professional status and a right to practice. –
Canada
In Mexico professional engineering degrees offered by the universities
are:
Topographer “ surveyor”
Topographer and Geodesist Engineer
Topographer and Hydraulic Engineer
Topographer and Hydrographic Engineer
Topographer and Hydrologist Engineer
Topographer and photogrametrist Engineer -
Mexico
Many states are currently in the process of adding a surveying or
geomatics degree to their universities. Many states are also in the process of
adding an education requirement to their qualifications for licensure. It is
expected that a very high percentage will require education within the next 10
years. - USA
II
LICENSING:
A
Are all practitioners required to have a license to offer surveying
services to the public
Yes, but for legal (cadastral) surveying only. - Canada
Yes. - Mexico
Yes. - USA
1
If no, what is the
ratio of licensed practitioners to non-licensed practitioners?
2
What is the penalty for practicing without a license?
Penalties may vary province to province - Canada
There are both civil and criminal sentences. The criminal sanctions
are: Fines and/or incarceration, the civil sanctions include lawsuits
instituted by clients who receive services from unlicensed individuals. -
Mexico
The penalty varies among the 55 individual licensing jurisdictions. Commonly,
illegal practice is a gross misdemeanor and subject to a fine in the range of
$5,000 to $15,000 and an order to cease and desist such practice. In some
cases, persons are prosecuted through the court system. - USA
B
Is there more than one type of surveying license?
No. - Canada
Yes. See answer question H, part I .- Mexico
No. - USA
C What kinds of
surveying can be practiced without a license?
Topographic, photogrammetric, hydrographic, geodetic,
seismographic, mining, construction layout, and engineering. - Canada
In some jurisdictions, only
topographic surveys and studies for construction of homes and buildings - Mexico
In some jurisdictions, engineering (construction) and topographic
surveys can be performed by those not licensed as surveyors. In most cases,
those performing such surveys must be licensed engineers. - USA
D What agency issues
the license to practice surveying?
Provincial associations and the Association of Canada
Land Surveyors (ACLS) – Canada
Dirección General de Profesiones and each state Direccion de
Profesiones del Estado. – Mexico
Each individual state or territory has a licensing board. The board is
typically a part of the administrative branch of government and is composed of
practicing surveyors, engineers, and often public members. In some
jurisdictions, the boards regulate only surveyors; most often they regulate
both engineers and surveyors, and in some, many technical professions are
governed by one board. - USA
E Describe the
process for obtaining a surveying license, including mandatory education and
experience, if any.
Graduation from a four year degree program from an
accredited university followed by a 1 to 2 year articling period, then writing
the applicable provincial association professional exams. Total period from beginning to receiving
license is 5 to 6 years. The difference
in time for the period of articling is governed by the amount of qualified
practical experience a student has prior to entering university plus the
experience gained between semesters. - Canada
The applicable education must be completed and then the appropriate
cumulative exam must be taken and passed at the school attended. - Mexico
The qualifications for licensing varies among the 55 jurisdictions. A
combination of education, experience, and examination is required. Generally
the requirement is four years of education or equivalent, four years
experience, and approximately 16 hours of examination. (The examinations are
described in Part II, Section N.) - USA
F
What geographic boundaries are associated with the license?
Provincial and Territorial (Yukon, Northwest
Territories require a license as a Canada Lands Surveyor) boundaries. – Canada
Mexican Republic; the license is valid throughout México, but you are
required to register your license with each state that you are practicing in.-
Mexico
The jurisdiction boundaries of the state or territory. - USA
G What is the
national organization for standardizing the licensing process?
None, the practice and ethics factor is influenced by
the CCLS Standards, however, the provincial associations have the ultimate
power. - Canada
La Dirección General de Profesiones –
Mexico
The National Council of Examiners for Engineering and Surveying (NCEES)
which has their offices in Clemson, South Carolina. - USA
H Describe the
process for obtaining a license in an additional state/province.
There is, for the most part, a standardization of the course
curriculums between the accredited universities that has helped establish
reciprocity between the provinces.
There is a Western Board, Atlantic Board, and the provinces of Ontario
and Quebec each having their own examining boards. If a licensed surveyor wishes to obtain a license in another
jurisdiction he/she must obtain a level of academic standing for that
jurisdiction which may call for the sitting of one or more examination papers
in order to reach that standing. Once
he/she has obtained that standing he/she can write the professional exams for that jurisdiction. – Canada
See answer to question F, part II. - Mexico
Again, it varies slightly among the jurisdictions. In nearly all, an
applicant must submit an application complete with verification of education,
references, and work history. Proof of citizenship or of the right to work
within the US is often required. The home jurisdiction verifies to the host
board the validity of the license and method of licensing (exam, etc.). If the
qualifications are found to be comparable to the host board’s jurisdiction, one
must successfully complete a state specific exam and then a license is issued
by the host board. Very few jurisdictions require residency or citizenship as a
qualification for licensure. - USA
I
Is there a license available that authorizes the practice of surveying
for the entire nation?
No. A Canada Lands Surveyor license only licenses a
surveyor to practice on what is known as Canada Lands, Indian reserves, Federal
harbours, Airports and the Territories. - Canada
As mentioned previously the license itself is recognized nationally, it
is only required that it be registered in each state where the individual will
be practicing. - Mexico
There is no national license. It has been a topic of long discussion,
but is not likely to become reality in the near future. - USA
J
Are there temporary licenses issued for the practice of surveying?
No. - Canada
None - Mexico
Only a few jurisdictions issue temporary licenses. When issued, they
are typically for a limited time, e.g. 90 days, or for the duration of one
project. - USA
K Can a license be
obtained by ‘grandfathering’?
(Experience only, no education or examination required).
No, not for legal or cadastral surveying. - Canada
None. - Mexico
While some jurisdictions can allow ‘grandfathering’ under their
statutes, it rarely occurs. A person would have to have achieved eminence in
the profession in order to qualify. Very long active and outstanding successful
practice would be required. - USA
L
Are there education requirements for maintaining the license? (i.e., ‘continuing education’)?
Yes, peer competency review, voluntary and in some
cases mandatory continuing education. - Canada
At the present time, no. - Mexico
Many jurisdictions now have continuing education requirements. Although
the requirements vary among the jurisdictions, the model is 15 contact hours of
education per year. A few jurisdictions preapprove courses and activities; most
do not. - USA
M If your state
requires a degree as a prerequisite to obtaining a license, is there an
alternative route to enable a prospective licensee to achieve the same academic
standing as a degree, to qualify for a license?
Yes, in some cases. In British Columbia for example you
can register with the association as a survey student, write a series of exams
set by the Western Canadian Board of Examiners (this is a very onerous task)
and once you have completed these exams the Board will issue you a Certificate
of Completion (the same certificate that a university graduate will receive)
that will give you eligibility to article and write the professional
exams. There may be slightly different
scenarios in other provinces. - Canada
No
- Mexico
Many jurisdictions allow a long period of experience to be substituted
for education. There is a trend toward requiring a baccalaureate degree as a
(absolute) requirement for licensure. As an example, a degree is required in
New Mexico - USA
N Once a prospective
licensee has obtained an academic standing, that is, a degree or equivalent
standing, is there a set of professional exams that must be passed in order to
get a license?
Yes, however these professional exams may vary from
province to province. - Canada
- Mexico
Two examinations are required in all jurisdictions. The first eight
hours is on the fundamentals of surveying and is given at the end of the
education phase, or after four years experience. A six hour exam on the
Principles and Practice of Surveying is given at the end of the required
experience phase of qualifications. The Model Law adopted by the National
Council of Examiners for Engineering and Surveying (NCEES) calls for a four
year degree, the Fundamentals exam, and four years experience which is followed
by the Principles and Practice exam. In addition, each jurisdiction gives a
state specific exam on local laws and regulations which varies from two to
eight hours.
All but two jurisdictions, California and Washington, use the national
exams developed by NCEES. These two jurisdictions currently develop their own
exams, but are moving toward using the national exam. - USA
O Is there an
articling program?
Yes. However, a person holding a license from another
province or one of the northern territories (i.e.: Yukon or Northwest Territories) may, in certain cases, write the
professional exams of his/her new province without serving articles. Any exemption will depend somewhat on the
experience of the person. - Canada
No
- Mexico
No. There is a requirement that at least two years experience (four
years of experience “acceptable to the Board” is required by many
jurisdictions) must be under the direction of a licensed surveyor. A reference
from the supervising surveyor(s) must be provided. - USA
P
Can a licensee from the other NAFTA nations acquire a license without
going through all of the process that an unlicensed person would go through to
become licensed? If yes, will this
license be a temporary license or a permanent license.
Not at this time.
If under a NAFTA agreement, the university accreditation program is
extended to include more universities then those graduates could apply for a
certificate of completion that would give them the right to write the
professional examinations for the province in which they wish to practice. Alternatively they could apply to the Board
of Examiners for an assessment of their academic standing and by passing
examinations in subjects that they are missing, they would then get a
certificate of completion. They would
also serve a term of articles. - Canada
At the present time, no. - Mexico
Each jurisdiction will have to decide how to handle these requests on a
case by case basis. If education, experience and examination are similar to the
requirements of the jurisdiction, it is likely that a candidate would be
licensed as if by comity or reciprocity. The license would likely be normal
license, usually granted for a two year period which can be renewed by payment of
a renewal fee. - USA
III
PRACTICE:
A What organization
represents the surveyor in:
1
Private practice?
The provincial association or the ACLS in all three
categories. Usually only those
practitioners in private practice will require to hold professional liability
insurance. - Canada
At the National level – FECITEUM. At
the State and Municipal level - Colegio de Ingenieros Topografos. - Mexico
At the state and local level,, it is the state surveyors associations,
which may have also have local organizations that are part of the state
organizations, that represent the Surveying Profession. As an example, the
Texas Society of Professional Surveyors, with its local chapters, is the
professional organization in Texas representing the Surveyor in professional
and legislative issues.
The National Society of Professional Surveyors (NSPS) and the American
Congress on Surveying and Mapping (ACSM) are the national organizations
representing the professional interest of the surveyor. NSPS is a member
organization of ACSM. State organizations are affiliated with ACSM and NSPS but
are not directly part of ACSM and NSPS. - USA
2
Government?
Same as above (Part III, Section A, Part 1) - Canada
Same as above (Part III,
Section A, Part 1) - Mexico
Same as above (Part III, Section A, Part 1) - USA
3
Academia?
Same as above (Part III, Section A, Part 1) - Canada
Same as above (Part III,
Section A, Part 1) - Mexico
Same as above (Part III, Section A, Part 1) - USA
B
Is membership in a surveying organization required in order to practice
surveying? If yes what is the name of
that organization?
Yes. Every surveyor in each province and territory must
belong to either a provincial association in order to practice in a given
province or the Association of Canada Lands Surveyors in order to practice in
the territories or other Canada (Federal) lands. - Canada
It is not necessary to belong to an
organization in order to practice surveying, but it is necessary to have the
certificate issued by the Dirección General de Profesiones. - Mexico
Membership is not required in any organization at any level to practice
surveying. Being licensed by the licensing board in one of the 55 different
jurisdictions is required for practice in a particular jurisdiction. - USA
C What penalties are
surveyors subjected to for:
1
Practicing without a license?
A Civil fine - Canada
A civil fine,
lawsuit, or incarceration. - Mexico
See Part I, Section A, #2. By definition, surveyors must be licensed to
provide services or offer services to the public (“practice”) in all jurisdictions.
Unlicensed practice is against the law (from a practical point of view, the
effectiveness of prosecuting unlicensed persons will vary from jurisdiction to
jurisdiction – see Part II, Section A, #2). - USA
2
Making an erroneous survey?
These would be damages awarded to a person who suffered
as a result of the erroneous survey. Action taken by the governing association
against the surveyor. If the practice persists then the license can be removed.
– Canada
License
revoked for 6 months. - Mexico
The penalty will vary among the different jurisdictions and could be
from nothing to revocation of license, which will depend if a complaint has
been filed with the proper authorities. It is normally considered a violation
of either the particular states’ ‘Minimum Standards for Surveying’ or the
‘Rules for Professional Conduct’. The penalty is most often based on a
determination of gross negligence, misconduct, or professional incompetence and
can be administrative or civil. - USA
D Is there an
accepted code of ethics for practicing surveyors? If yes, how is a violator of the code disciplined?
Yes. All provincial associations have a discipline
committee that review complaints including a breach of the code of ethics. If a surveyor is guilty of a violation then
action will be taken by the association against that surveyor. – Canada
Yes. The
violator submits himself to the Council of Honor and Justice of the Board of
Engineers. The violator is sanctioned according to his offense. - Mexico
Each jurisdiction has either a ‘Code of Ethics’, ‘Standards of
Responsibility’, or ‘Rules of Professional Conduct’. The state board determines
the degree of the violation and institutes appropriate disciplinary action
which can be reprimand, suspension, or revocation of the certificate of
registration. In addition, ACSM has it own code, known as the “Canon of
Ethics.”
Surveyors brought up on ethical misconduct charges can be disciplined
by the state board in the jurisdiction in which they are practicing. Recently
NCEES developed a course in ethics that can be used by state board as part of
their disciplinary process. - USA
E Do surveyors carry
professional liability insurance? If
yes, is it mandatory?
Yes and Yes. - Canada
No - Mexico
Some Surveyors and Surveying firms may carry Errors and Omissions
(Liability) Insurance. It is not mandatory except for specific projects that
require it. - USA
F
Is there a practice review or audit program? (i.e., peer review)?
Some provinces (3) have practice review and the others
are at varying stages of considering practice review or are in the stage of
implementation. - Canada
In some cases,
usually government projects or very expensive private projects. - Mexico
In some jurisdictions, submitting a work product to professional peer
review is part of disciplinary proceedings. Also mandatory continuing education
is required in more than half of jurisdictions (see Part II, Section L). - USA
G Is there a state or
federal body that governs the land surveying profession and sets standards and
regulations, administers the licensing program and administers discipline?
In Canada each provincial association and the ACLS is a
self-governing body that governs the land surveying profession in that province
or territory and sets standards and regulations and administers the licensing
program as well as discipline. - Canada
The registration board in each jurisdiction performs these functions.
NCEES (see Part II, Section G) while setup to provide for a standardized
testing series, also serves as the body promoting standardized statutes,
regulations, and model laws from a national perspective. - USA
H What organization
is authorized to prepare an agreement facilitating the cross border trade in
surveying services, commonly referred to as the Mutual Recognition Document,
(MRD)?
CCLS - Canada
FECITEUM - Mexico
NSPS has received a letter from the US Trade Office, recognizing that
organization as having the right to negotiate the MRD on behalf of the
Surveying Profession for the United States. NSPS is coordinating its efforts
with NCEES - USA
I
Are civil engineers allowed to perform any of the services that are
normally provided by surveyors?
Explain.
Civil engineers are allowed to perform all these
services normally provided by land surveyors except any of those services of a
legal survey or cadastral nature. - Canada
According to what the law stipulates, no. - Mexico
In some jurisdictions, engineering (construction) and topographic
surveys can be performed by those not licensed as surveyors. In most cases,
those performing such surveys must be licensed engineers working on their own projects. (See Part II, Section C)
In addition, geodetic and hydrographic surveys are performed by
government organizations that employ people who, while possibly trained as
surveyors or engineers, are not required to be licensed to carry out their work
functions. - USA
J
Explain the means by which land title is transferred from government
ownership to private ownership.
Either by a simple conveyance or by Crown grants or
Land Patents. There are numerous other
ways depending on what level of government is involved. - Canada
By Presidential Declaration/Presidential Agreement, by grant deed. -
Mexico
The type of transfers depended on the time and location of the land.
The European Sovereigns made grants of land to individuals who might subdivide
the grant further(as example, Spanish and English land grants). These grants
have been recognized by the courts and the as being valid transfers of
property. Federal patents are the legal means by which the federal government
grants lands from federal ownership to private ownership. - USA
1
How long has this process been in effect?
This process has been in effect for many years and goes
back hundreds of years depending on location. For example modern history goes
back about 500 years in Newfoundland but less than 200 years in British
Columbia. - Canada
Since the inception of the Mexican republic. - Mexico
Since the end of the sixteenth century when people from European
countries began to emigrate to North America
- USA
2
How is property described in the documents?
Property is described usually by a simple deed
description that would usually list a lot number, plan number, block, district
lot, or district, for example. - Canada
Legal Description , i.e. plot plan. - Mexico
The early grants were vague and many of them have subsequently caused
problems in providing quiet title for landowners acquiring land in these
grants. Once the public land survey system was established, many of the patents
made reference to aliquot parts of a section of land:NE ¼ of Section 10,
Township 3 North, Range 11 East, New Mexico Principal Meridian. - USA
3
What property rights are conveyed?
Usually the fee simple is transferred, never the
absolute fee, which rests with the federal or provincial governments. - Canada
Full ownership.- Mexico
Any right or interests possessed by the sovereign - USA
K Are there rights or
privileges that are retained by the government?
Usually the government will retain the right to
minerals, beds of bodies of water, the right of expropriation, and the
reversion to the government or Crown for non-payment of taxes. - Canada
Eminent Domain - Mexico
Mineral, water, and other rights or privileges maybe retained by the
government - USA
This report was supplied by: Robert Prescott