SPRING 06 STATUTE LAW EXAM CANDIDATE # ALBERTA LAND SURVEYORS ASSOCIATION PROFESSIONAL EXAMINATION SPRING 06 STATUTE LAW (CLOSED BOOK EXAM) Time Limit: 3 hours Total Marks: 00 Note: This exam consists of 39 questions on 5 pages No calculator or electronic devices are allowed. Any candidate found with wireless technology will be expelled from the examination room.. Please write your candidate number (top right hand corner) on each sheet of the examination and on all answer sheets.. You are required to answer all questions. 3. Answer each question on the answer sheets and on only one side of answer sheets provided in the exam package. DO NOT USE THE QUESTION PAGES FOR YOUR RESPONSES. 4. When you are finished the exam, the exam questions and answer sheets (used and unused) are to be put back in the envelope and handed in to the invigilator. Alberta Land Surveyors Association Page of 5
SPRING 06 STATUTE LAW EXAM CANDIDATE # Marks Question SURVEYS ACT 3. All surveys made under the Surveys Act must be certified by an Alberta Land Surveyor and they must meet three (3) conditions. List them.. What two () powers are granted to a surveyor with respect to taking evidence under oath? 3. In the context of the Surveys Act, define: a. Registrar b. Official plan c. Survey control marker d. Bed and shore 4. Describe where the road allowance shall be given its prescribed width on a correction line. 5. In what timeframe must a land surveyor register a plan in the following cases: a. Re-establishment of a Part 3 Monument. b. Establishment of a previously unmonumented Part section corner. 6. What two () significant dates must be considered when re-establishing lost corners in a subdivision? Why? 7. If no monument was placed on the official plan, how is the position of the centre of the section determined? 8. Under section 9 survey error investigation of the Surveys Act. The Minister may appoint a Board consisting of three (3) members. a. List two () of the three (3) members. b. What are the powers and duties of the Board? c. List two () orders the Board may make upon completing the investigation. CONDOMINIUM PROPERTY ACT 9. Every condominium plan submitted for registration must be accompanied by a certificate from a land surveyor. a. Describe the two () things the land surveyor must always certify specifically to a condominium plan. b. When there is a building, describe what additional item the land surveyor must certify. c. When there is a building, describe what additional two () items the land surveyor could certify. Alberta Land Surveyors Association Page of 5
SPRING 06 STATUTE LAW EXAM CANDIDATE # 3 0. What defines the boundaries of the following condominium units? a. Units within a building condominium registered after January, 979. b. Units within a building condominium registered prior to January, 979. c. Bare land condominium unit. 3. What are three (3) ways the unit factor affects the rights and/or obligations of the unit owners? 4. Every plan presented for registration as a condominium plan shall List four (4) of the fourteen (4) requirements that are required for the registration of a condominium plan. LAND SURVEYORS ACT 4 3. In the context of the Land Surveyors Act, list four (4) items defining the Practice of Land Surveying. 3 4. Under section 4 of the Professional Practice Regulation, there are three types of offices which a practitioner may establish. a. List the three (3) types of offices. b. List the type(s) of office(s) that require approval from Council. c. List the type(s) of office(s) that is not required to be under the direct personal supervision and control of an Alberta land surveyor. 5. Under what circumstances can a surveyor s corporation or a surveyor s partnership permit stamp shall be affixed to a plan or document? 6. On which day, annually, is the form of Affidavit of Service of an Articled Pupil due? What is the consequence for late submissions? 7. Council can propose regulations and by-laws. What is the difference between how a regulation and a by-law comes into force? 8. Briefly explain the similarities and/or differences between the Practice Review Board (PRB) and the Discipline Committee (DC) with respect to: a. The way in which the review or investigation is initiated. b. The powers of the PRB and the DC under a finding of unskilled practice or unprofessional conduct. 3 9. Name three (3) ways in which a practitioner can be found guilty of unskilled practice and/or unprofessional conduct. 3 0. What three (3) criteria are required for a candidate for the position of member of the public? Alberta Land Surveyors Association Page 3 of 5
SPRING 06 STATUTE LAW EXAM CANDIDATE # LAND TITLES ACT 3. In the context of the Land Titles Act, define: a. Encumbrance b. Statutory plan c. Affidavit. What are the two conditions which the Registrar must assess before they may correct a registered plan under section 9 of the Land Titles Act? 3 3. What types of land cannot be included together in one certificate of title? 4. When a plan of subdivision is registered under Section 84, title is vested, free of all encumbrances, to all land that is shown on the plan identified as a. List four (4) of the five (5) lot types. 5. When a subdivision plan is registered at the Land Titles Office, the registrar must perform certain steps in consideration of the titles. Give two () of these steps. 6. If a descriptive plan has the effect of subdividing land, the Land Titles Act places specific restrictions on the plan content. What are those two () restrictions? 7. One of the documents that an Alberta Land Surveyor provides to Land Titles for registration of a plan is the Surveyor s Affidavit. Within the affidavit, there are three sworn statements. Provide two () of those statements in your own words. 3 8. When a plan of survey for public works is submitted for registration, the Registrar must perform certain duties. a. List three (3) of those duties b. When the above-mentioned public works is a road, will the Registrar issue a title for it? OIL AND GAS CONSERVATION ACT AND RULES 9. In the context of the Oil and Gas Conservation Rules define: a. Surface improvement b. Target area 3 30. A well license application shall include a plan of survey containing a number of requirements. List three (3) plan requirements. 3. Unless the Regulator prescribes otherwise: a. What is the target area within the drilling space unit for a gas well? b. What is the target area within the drilling space unit for an oil well? 3. What is the maximum number of characters and spaces allowed in a well name? Alberta Land Surveyors Association Page 4 of 5
SPRING 06 STATUTE LAW EXAM CANDIDATE # 33. Fill in the blank: a. No well shall be drilled within meters of any surface improvement other than a surveyed roadway or road allowance, or meters of a surveyed roadway or road allowance. b. A person proposing to drill a well within kilometres of a lighted aerodrome or within kilometres of an unlighted aerodrome shall advise the Regional Manager, Air Navigation Requirements, Transport Canada. MUNICIPAL GOVERNMENT ACT 4 34. In the context of the Municipal Government Act, define: a. Public utility b. Parcel of land c. Non-conforming building d. Road 35. Who may make an application for the subdivision of a parcel of land? 36. When closed, title to roads is vested in what body or bodies: a. In a city? b. In a municipality other than a city? 4 37. A subdivision authority may not require the owner of a parcel of land that is the subject of a proposed subdivision to provide land or money in place of reserve land if: List four (4) conditions. 38. List four (4) types of land that may be used to create an environmental reserve. 39. a. What is the purpose of a Land Use Bylaw? b. Give two () examples of matters a Land Use Bylaw may deal with. Total 00 marks Alberta Land Surveyors Association Page 5 of 5