From the Complaint Inquiry Committee

Timely Manner

By Scott Netherton, BCLS, Chair, Complaint Inquiry Committee

Most of us with grey hair know the Rolling Stones cover song “Time Is On My Side”. For respondents of complaint files involving ‘timely manner’, the Complaint Inquiry Committee (CIC) may conclude: “No, it isn’t”.

During a complaint investigation, one of the questions the CIC often considers is: “Has the respondent acted in a timely manner?” This question may form part of an original complaint but may also arise during the course of an investigation, which further compounds the matter.

What does the term timely manner really mean and where does it come from? It seems ambiguous at first glance since what may seem timely to some, can be considered a lengthy delay by others.

The choice of words is intentional as it would be impossible to anticipate every scenario and attach a response timeframe for each one. The CIC often needs to determine if the respondent has acted in a timely manner where specific dates and times have not been provided.

With respect to the Association of BC Land Surveyors, the concept of acting in a timely manner originates from the governing documentation noted below. Code of Ethics The ideals of ethical professional conduct require that all members shall: … (5) Only accept a retainer or undertake an assignment if they have the ability, resources and staff to carry out such assignment or is able to obtain same prior to commencement in order to complete in a timely and professional manner.

This part of the Code of Ethics specifically refers to acting in a “timely and professional manner” in the context of an assignment as a whole.

Bylaw 14 Regulations Respecting Professional Conduct 14.1 Services (b) Members must observe all: (i) British Columbia professional land surveying standards; (ii) Survey Rules; and (iii) other rules established by statute governing the conduct of British

Columbia Land Surveyors. *

(c) When engaging in the practice of land surveying:

(i) Members must carry out assignments and professional commitments diligently, skillfully and promptly, and are not excused from doing so by reason only of financial constraint.

Bylaws of the Association of BC Land Surveyors

Bylaw 13 Code of Ethics Every Member: (a) must, at all times adhere to the

Code of Ethics ... *Subsection (iii) of Bylaw 14.1(b) would include the Land Surveyors Act (RSBC 1996) Chapter 248.

Bylaw 21 - Complaint Inquiry Committee 21.4 Investigation (h) A Member who is required to produce files, documents and other records, provide information or attend an interview under Part 21.4(g) must comply with the requirement as soon as practicable and, in any event, by the time and date set by the Complaint Inquiry Committee.

Bylaw 21.4(h) applies to the CIC requesting information during the investigation of a complaint.

Land Surveyors Act, (RSBC 1996) Chapter 248

Section 60 Disciplinary Powers… 60 (3) Unprofessional conduct includes, among other things, falsification of documents and the negligent or improper performance of a professional duty.

Section 60(3) of the Act contains a broad definition of unprofessional conduct and contemplates scenarios in which ‘timely manner’ can be included.

With respect to timely manner, there are numerous complaint file precedents which can be reviewed by the CIC to determine if the time required was reasonable.

There is also the concept of a reasonable amount of time as applied to the common law standard of the reasonable person. This is defined by the question of how a reasonable person would have behaved in circumstances similar to those in which the defendant was presented with at the time of the alleged negligence. In the context