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news<br />

ALSMARCH 2008 VOL. 37-1<br />

ISSN<br />

0703-4228<br />

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news<br />

ALS<strong>March</strong> 2008 Vol. 37-1<br />

contents<br />

23 28<br />

38<br />

features<br />

21 Multimedia Data as Boundary Determination Evidence in <strong>Alberta</strong> by Dr. Michael Barry<br />

23 Relating GPS Boundaries to Ground Distances and Bearings by Dr. Rob Radovanovic, ALS<br />

28 Keeper of Lost Records by Andreas N. Corsos<br />

38 <strong>Land</strong> Survey System Featured at the History Centre by Gordon E. Olsson, ALS<br />

44 Self-Regulating Professions - Balancing Competition and Regulation<br />

by the Competition Bureau of Canada<br />

regulars<br />

5 President’s Message<br />

7 Councillors Forum<br />

9 Editor’s Notes<br />

11 Letters<br />

13 Association Notes<br />

19 Nominations for Council<br />

25 Book Review<br />

35 Professional Development<br />

37 Public Relations<br />

39 Safety Sense<br />

41 Discipline<br />

43 <strong>Alberta</strong> Sustainable<br />

Resource Development<br />

47 Education<br />

49 Legal Notes<br />

51 ASSMT Notes<br />

52 History<br />

Cover photo is of the main lobby at the Fairmont Chateau Lake<br />

Louise courtesy of Fairmont Hotels and Resorts.<br />

President<br />

Past President<br />

Vice President<br />

Secretary Treasurer and Registrar<br />

Executive Director<br />

Acting Director of Practice Review<br />

Councillors<br />

Public Members<br />

R.M. (Bob) Wallace<br />

D.H. (Dirk) VandenBrink<br />

R.O. (Ron) Hall<br />

D.R. (Dave) McWilliam<br />

B.E. (Brian) Munday<br />

D.R. (Don) George<br />

B.A. (Bruce) Beairsto<br />

B.W. (Bruce) Gudim<br />

T.J. (Tim) Harding<br />

T.W. (Terry) Hudema<br />

R. (Rob) Radovanovic<br />

B.D. (Brian) Ross,<br />

D.R. (Russell) Barnes (Council)<br />

R. (Rudy) Palovcik (Practice Review Board)<br />

Editor Brian E. Munday (munday@alsa.ab.ca)<br />

Advertising and Production Sharon D. Armstrong (armstrong@alsa.ab.ca)<br />

Deadline dates for submission of articles to ensure printing are as follows: February 15th, June 1st,<br />

September 1st, and November 15th. Advertising deadline dates are as follows: February 1st, May<br />

15th, August 15th, and November 1st. Opinions expressed by the editor or individual writers are<br />

not necessarily endorsed by the Council of the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association. Original articles<br />

may be reprinted with due credit given to the source and with permission of individual writers<br />

or where no writer is indicated, with the permission of the Editor. ALS News is published by the<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association for circulation to the Association Membership. Address all<br />

correspondence to:<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association<br />

Suite 1000, 10020 - 101A Avenue, Edmonton, <strong>Alberta</strong> T5J 3G2<br />

Tel: 780-429-8805 or 1-800-665-2572<br />

Fax: 780-429-3374 E-mail: info@alsa.ab.ca Website: www.alsa.ab.ca<br />

Canada Post Publication #40051474<br />

ALS News <strong>March</strong> 2008 . 3


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president’s message<br />

bob wallace, als<br />

I wish to acknowledge the input I received at<br />

the regional meetings. This has allowed me<br />

to present different scenarios for generating<br />

revenues. Please think about this issue and<br />

please present your ideas at the AGM, this year<br />

in Lake Louise.<br />

Our ALSA landscape has changed rather abruptly this<br />

year as our economy slows down. In the past five<br />

years, our profession has seen unprecedented growth<br />

which has translated into increased revenue for<br />

our Association. This has given our committees greater funding<br />

enabling such endeavors as public awareness, youth education,<br />

scholarships, and the creation of a vision for the future.<br />

We have been fortunate to have a full-time staff comprised of<br />

talented and dedicated individuals. With the backing of this staff,<br />

it has allowed our Council and committees to concentrate on<br />

being proactive on issues facing our profession as well as providing<br />

the opportunity to look ahead. <strong>The</strong> daily operations have been<br />

handled by the staff, as well support for committees by providing<br />

agendas, minutes and research. Our staff handles numerous inquiries<br />

and concerns from the public, removing this burden from our<br />

members.<br />

<strong>The</strong> ALSA revenue is based upon iron posts memberships and<br />

miscellaneous. Our iron posts sales are down 40% this year which<br />

will translate into a projected overall deficit of $150,000. In order<br />

to balance the budget, Council will have to reduce expenses and/<br />

or increase revenue. In the interim, we can supplement the budget<br />

with a transfer from the financial stabilization fund which was<br />

created during the years that the ALSA had budget surpluses.<br />

<strong>The</strong>re are three areas that make up our budget: Systematic<br />

Practice Review (SPR) comprises 35% of the budget (not including<br />

indirect costs), administration 46% and committees 19%<br />

respectively (and 8% other). Council is struggling with what<br />

areas would receive budget cuts in order to lessen the impact to<br />

the membership.<br />

As we evolve into Phase 4 of SPR, there may be a solution that<br />

demands fewer resources in order to achieve the same results. A<br />

combination of continuing education and SPR may put a greater<br />

onus on the membership. We wait in anticipation for the results<br />

of the SPR survey and resulting recommendations from the<br />

Practice Review Board. In the short term, major budget cuts may<br />

hamper our ability to conduct the practice review program for the<br />

remainder of Phase 3 in a timely fashion.<br />

Committee expenses represent a small portion of the overall<br />

budget, therefore a cut in this area of any substance would<br />

severely compromise some committees’ ability to do their work.<br />

Committee work enables our Association to deal with issues confronting<br />

our profession in Canada.<br />

Strategic decisions were made over a decade ago to enhance the<br />

profile of the ALSA, in order to heighten the public’s perception<br />

of our profession and to attract new members to our ranks. We<br />

have succeeded in both of these areas. <strong>The</strong> result is an association<br />

that is vibrant and has strong demographics in all age categories.<br />

Other land surveying associations in Canada are struggling with<br />

an identity crisis plus an aging and declining membership. This<br />

has resulted from a lack of resources to address solutions to these<br />

problems. Many other provincial councils struggle to keep up<br />

with the workload of the day-to-day business of running their<br />

associations, let alone have the resources to be proactive.<br />

If we are to maintain or perhaps increase the level of service we<br />

offer our members, then we must increase our revenue in existing<br />

areas or develop other potential revenue sources. We have not had<br />

an increase in the iron post surcharge since 1988, but our costs<br />

have risen dramatically in that time. In the past, the sheer volume<br />

of post sales has allowed the ALSA to meet its expenses. Council<br />

has recently requested the authority (from the provincial government)to<br />

increase the iron posts surcharge by $1.50 for general<br />

revenue as well as a $2.50 for the creation of a Boundary Dispute<br />

Fund. This proposed increase will give the public greater access to<br />

boundary dispute solutions as well as continued support for legal<br />

survey concerns.<br />

<strong>The</strong> argument still persists, that the firms that plant iron posts,<br />

fund a major portion of our Association. Perhaps we have to look<br />

at a more equitable method of obtaining revenue.<br />

Our membership fees have remained very stable over the past<br />

decade, although our corporate revenues have increased dramatically.<br />

Compared to other survey associations and professions, our<br />

fees are very low. This is further accentuated when you factor in<br />

what an ALSA member receives in services, representation and<br />

public relations.<br />

ALS News <strong>March</strong> 2008 . 5


This year, Council has recommended<br />

a slight increase in most categories of<br />

membership dues. Future increases will<br />

be facilitated through a proposed bylaw<br />

change which will require the ratification<br />

by the membership at the upcoming<br />

AGM.<br />

Careful consideration must be given<br />

to the assessment of corporate dues. Dues<br />

should be incremental as per the size of<br />

the business. <strong>The</strong> levy could be based<br />

upon the number of land surveyors, associate<br />

members and articled students in a<br />

firm or upon the gross amount of billings<br />

(similar to the way our liability insurance<br />

is calculated). This will take time to design<br />

and implement.<br />

Other provincial associations derive<br />

their revenue from the sale of plan stickers.<br />

Prior to a plan being registered, a<br />

sticker, purchased from the association<br />

must be affixed to the document. To make<br />

Future increases will be facilitated through a<br />

proposed by-law change which will require the<br />

ratification by the membership at the upcoming<br />

AGM.<br />

this fair in <strong>Alberta</strong>, the sticker system<br />

could be applied to all products currently<br />

certified by an <strong>Alberta</strong> <strong>Land</strong> Surveyor.<br />

This would include wellsite plans, legal<br />

plans, Real Property Reports, grading certificates,<br />

site surveys or any other endorsed<br />

product.<br />

It seems reasonable to assume, with<br />

our enhanced technology that a coordinate<br />

based system may evolve which may<br />

lessen the requirement to plant iron pins.<br />

In order to supplement this lost revenue<br />

the ALSA may have to look had creating<br />

a levy per coordinate. This would lessen<br />

the dependence on having to renegotiate<br />

with the provincial government for rate<br />

changes on the iron post surcharge as well<br />

as reduce the need for iron posts. <strong>The</strong><br />

resulting energy savings from the manufacture<br />

of iron posts will help reduce the<br />

overall <strong>Alberta</strong> carbon footprint.<br />

I wish to acknowledge the input I<br />

received at the regional meetings. This<br />

has allowed me to present different<br />

scenarios for generating revenues. Please<br />

think about this issue and please present<br />

your ideas at the AGM, this year in Lake<br />

Louise. By putting the time in to design<br />

a viable solution will not only ensure<br />

our survival, it will ensure we have the<br />

resources to continue our quest to remain<br />

at the forefront of our industry. •<br />

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councillor’s forum<br />

bruce gudim, als<br />

Let’s not miss the opportunity our 100th<br />

anniversary provides for proclaiming our pride<br />

and promoting ourselves through celebration<br />

of our profession’s accomplishments in the<br />

last 100 years. Your 2008 Council needs your<br />

recommendations and direction at the 2008<br />

Annual General meeting in Lake Louise.<br />

ALSA 2009 Centennial Celebrations<br />

Tic-tock tic-tock, opportunity knocks and time runs<br />

out for preparations for the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association’s 100th anniversary celebration. Our<br />

centennial celebration is linked through history to the<br />

Pagan practice of celebrating birthdays, astrology, horoscopes, and<br />

fortune telling. Just like astrologers, many of our fellow surveyors<br />

have looked to the stars and, just like astrologers, we must now<br />

divine what’s best for our future centennial celebration before it’s<br />

too late.<br />

It’s time to release your enthusiasm, share your ideas for our<br />

centennial celebration and join your fellow surveyors in action, as<br />

much preparation remains before us. We can all take advantage<br />

of this centennial celebration, because it really is a once in our<br />

lifetime opportunity to brag about ourselves and get away with it<br />

gracefully.<br />

Council provided centennial terms of reference to the Historical<br />

and Biographical Committee and to the Convention and<br />

Social Group. Through research and intense brainstorming, these<br />

groups sifted thoughts and ideas to come up with recommendations.<br />

But, the recent downturn in the economy has negatively<br />

unbalanced the Association’s budget, thereby ruling out any costly<br />

celebratory recommendations.<br />

Due to costs in the order of $300,000, a monument or statue<br />

at Edmonton’s Louise McKinney Park was ruled out by the<br />

Historical and Biographical Committee because there just wasn’t<br />

enough “bang for the buck” even when considering government<br />

grants. Similarly, an idea for a twelve-page glossy insert for<br />

the province’s major newspapers was dismissed because costs of<br />

$77,000 are just too high for the non-lasting effect.<br />

<strong>The</strong> Historical and Biographical Committee investigated<br />

both Heritage Park and Fort Edmonton Park for viable options.<br />

Perhaps a history display or a centennial monument could supplement<br />

the pits and mound monument exhibit at Heritage Park or<br />

alternatively a park bench with accompanying plaque would be<br />

suitable.<br />

An ALSA glossy centennial publication similar to the Law<br />

Society’s 111 page centennial magazine was considered. <strong>The</strong> Law<br />

Society’s publication contained some history, some stories and<br />

many photographs celebrating their 100 years—their 6,000 copies<br />

quickly ran out of supply. Having a glossy publication is quickly<br />

running out as an option for us, not just because there is so little<br />

time left, but also because costs of over $8 per copy are prohibitive.<br />

<strong>The</strong> Centennial Annual General Meeting’s preliminary theme<br />

“look to the future and honoring the past” will make for easy<br />

bridging of activities starting from the opening icebreaker through<br />

to the closing president’s ball. A heritage survey has been approved<br />

for the Annual General Meeting along with a series of historical<br />

displays containing old-time pictures, survey art, equipment,<br />

history books and profiles of prominent <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>.<br />

Vice President Hall’s and Executive Director Munday’s suggestion<br />

that Thursday’s theme “look to the future” include “exhibitor’s<br />

skits on future technology” promises good entertainment.<br />

Friday’s theme “honoring the past” may involve a constume party<br />

where memers dress in business attire similar to the early 1900s.<br />

Saturday’s theme may become “living in the present” with a gala<br />

celebrating the past and present with our comrade organizations.<br />

Culminating with the traditional “bagpipe marching-in” of the<br />

new president, vice president and Council.<br />

I have outlined some other centennial ideas below for you to<br />

champion should you choose:<br />

A centennial video presentation suitable for the ALSA website.<br />

A commemorative centennial postage stamp.<br />

A limited edition centennial painting commission for sale to<br />

the membership.<br />

Edmonton CapitalEx (aka Klondike Days) and Calgary Stampede<br />

Centennial Exhibits.<br />

Parade floats for Edmonton CapitalEx, Calgary Stampede and<br />

other municipalities. Each parade float would need to reflect<br />

ALS News <strong>March</strong> 2008 . 7


Eastern<br />

Drafting<br />

Half Page<br />

Vertical<br />

Repeat<br />

the parade theme and the ALSA centennial theme. Once a<br />

design is agreed upon, groups would take charge of props, costumes,<br />

signage lettering, and frame-work. Calgary firms could<br />

collectively compete against Edmonton firms for the bragging<br />

rights of having the best float. Centennial buttons could be<br />

thrown from the floats or candies wrapped with the ALSA’s<br />

centennial logo—author’s preference is for something gluten<br />

free and sweet.<br />

ALSA Centennial Flags, table skirts and banners could be<br />

displayed on the floats, at the David Thompson Brigade, and<br />

at the AGM. A combination of fifty table skirts, banners and<br />

flags would cost about $5,000.<br />

Proactive contacts with the provinces major newspapers would<br />

result in press releases and news coverage for the ALSA AGM<br />

centennial celebration.<br />

Contest for design of a centennial button to be worn and<br />

handed out by our members and their employees. Ten thousand<br />

1.5” buttons with three colors would cost about $2,500.<br />

Conclusions<br />

I’m certain many other centennial ideas remain to be brought<br />

forward from our members. Let’s not miss the opportunity<br />

our 100th anniversary provides for proclaiming our pride and<br />

promoting ourselves through celebration of our profession’s accomplishments<br />

in the last 100 years. Your 2008 Council needs<br />

your recommendations and direction at the 2008 Annual General<br />

meeting in Lake Louise.<br />

•<br />

Annual General Meeting Agenda<br />

April 25-26, 2008<br />

Fairmont Chateau Lake Louise<br />

Friday, April 25, 2008 - 9:00 a.m.<br />

Call to Order<br />

Introductions & Greetings<br />

Moment of Silence<br />

President’s Report<br />

Treasurer’s Report<br />

Director of Surveys Report<br />

Committee Reports<br />

Recommendaiton #1: Bylaw Amendments<br />

TILMA Presentation & Signing<br />

Recommendation #2: Wellsite Certification<br />

CCLS Report<br />

PRB Report<br />

Saturday, April 26, 2008 - 9:00 a.m.<br />

Elections<br />

ASSMT Report<br />

CBEPS Report<br />

Other Standards Committee Recommendations<br />

Open Forum<br />

Volunteer Recognition<br />

Induction of New Council<br />

Incoming President’s Address<br />

New Business<br />

*subject to change<br />

8 . <strong>March</strong> 2008 ALS News


editor’s note<br />

brian munday<br />

...notification and access by surveyors and their<br />

crews on to private land...is an issue that <strong>Alberta</strong><br />

<strong>Land</strong> <strong>Surveyors</strong> and the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association has treated seriously and we must<br />

remain diligent in our efforts.<br />

I<br />

have written about the subject of notification and access<br />

by surveyors and their crews onto private land a number of<br />

times in the past. I have usually written these articles from<br />

the perspective of surveys in urban areas. I have gone on<br />

record as saying that the number of calls and e-mails that the Association<br />

receives on this issue is relatively small given the amount<br />

of work that <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> do but notification and access<br />

are still the biggest concerns that the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association hears about. <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> and their crews<br />

can enhance the public image of the profession greatly when they<br />

let landowners know that they are coming onto the land to do a<br />

survey and take care of any damage they may cause in the course<br />

of doing the survey.<br />

In my article today, I want to switch from an urban focus<br />

to a rural focus. It seems to me that rural landowners are better<br />

informed about their boundaries and land surveying issues but, in<br />

recent years, have become more sensitive to land surveyor access<br />

and notification – particularly as it may relate to surveying for the<br />

oil and gas industry.<br />

Last fall, a representative from the Farmers’ Advocate Office<br />

made an appointment to see me and wanted to discuss access and<br />

notification onto farmers’ lands by <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>. <strong>The</strong>y<br />

told me that they had received an increased number of phone<br />

calls concerning notification and damage recently. <strong>The</strong> Farmers’<br />

Advocate Office indicated that they wanted to work with the<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association to put something together to<br />

deal with these concerns including, perhaps, a survey notification<br />

and access to private land agreement which might be similar to<br />

the “Commitment to Property Mitigation Document” which was<br />

approved as a supplement to the Manual of Standard Practice.<br />

<strong>The</strong> Farmers’ Advocate’s concerns were relayed to Council<br />

which referred the matter to the Oil & Gas Ad Hoc Committee.<br />

<strong>The</strong> Association has learned that there is a <strong>Land</strong> Agents’ Advisory<br />

Committee in the province consisting of representatives from<br />

different government departments, land agents, and others. <strong>The</strong><br />

Association understands that this <strong>Land</strong> Agents’ Advisory Committee<br />

is discussing these same topics that the Farmers’ Advocate<br />

had raised with the Association. It was felt that it is important for<br />

all stakeholders (a much over-used term but you get the meaning)<br />

involved in the discussions to come up with a clear and consistent<br />

way of dealing with access, notification and damage issues.<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> have always said that it is important to<br />

work together with all of the parties and this is a case where that<br />

is absolutely critical. <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> are accustomed to<br />

balancing the interests and needs of landowners with those of<br />

their clients and government regulatory authorities.<br />

A meeting of the Association’s Oil & Gas Ad Hoc Committee<br />

to discuss these issues was eventually cancelled until the Association<br />

could find out more about the <strong>Land</strong> Agents’ Advisory<br />

Committee and where that was heading. However, I did have the<br />

opportunity to speak with several members about this issue and<br />

there seemed to be a consensus that this is not a big issue as most<br />

land surveyors, if not all, already contact landowners and do their<br />

best to not cause any damage to the land or deal with the problem<br />

if damage has occurred. It is great that members are already treating<br />

this concern seriously but I thought it would be worthwhile<br />

to emphasize again what can be done to ease landowner concerns.<br />

Even if a land surveyor does all the proper things 99% of the<br />

time, the other 1% can end up being a lot of landowners and a lot<br />

of grief.<br />

Ross Metcalfe was kind enough to send his comments to the<br />

Association about this issue and I want to paraphrase them for the<br />

benefit of the rest of the membership. Mr. Metcalfe said that all<br />

survey firms and their employees should have the courtesy to notify<br />

landowners when they need to go on their land and to do so<br />

without doing damage, or if some damage is done, to reimburse<br />

the landowner in some negotiated manner. Any land surveyor or<br />

survey firm that does not take this seriously may find themselves<br />

subject to a formal discipline complaint. Mr. Metcalfe went on to<br />

say that even when <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> do have permission,<br />

they still need to keep the landowner informed as to what they<br />

did and when they completed their work. If <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong><br />

do not do this, then they could be blamed for damage created<br />

by others. I have received phone calls in the past, again usually in<br />

an urban setting, where a landowner is complaining about a hole<br />

dug up on their lawn and it is presumed to be the fault of a land<br />

ALS News <strong>March</strong> 2008 . 9


surveyor. <strong>The</strong> hole may or may not have<br />

been dug by a land surveyor or his field<br />

crew but since these incidents have been<br />

known to take place in the past, the land<br />

surveyor can be an easy target. Finally, Mr.<br />

Metcalfe notes that land surveyors quite<br />

often enter land under the permission<br />

acquired by others. This can be a dangerous<br />

pitfall as these others may not be<br />

aware of where exactly the <strong>Alberta</strong> <strong>Land</strong><br />

Surveyor may need to go or need to do.<br />

When I met with the Farmers’ Advocate,<br />

it was noted that there may be a delay<br />

between the time a land agent negotiates<br />

the surveyor’s access to the land and the<br />

time that the survey crew actually appears<br />

on site. <strong>The</strong> landowner may be aware that<br />

a land surveyor will be coming on to the<br />

land but if the landowner does not know<br />

when, there may be conflict or a confrontation.<br />

This is an issue that <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong> and the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association has treated seriously and we<br />

must remain diligent in our efforts.<br />

•<br />

Net Notes<br />

Everyone loves a mystery. At least that’s what they say. Here are some<br />

links to some fun and brain-teasing mystery games on the internet.<br />

Elementary, you say!<br />

Mystery.Net<br />

http://www.mysterynet.com/<br />

Access Excellence Mysteries<br />

www.accessexcellence.org/AE/mspot/<br />

Mystery Case Files<br />

www.MysteryCaseFiles.com<br />

Mystery! : Games<br />

www.pbs.org/wgbh/mystery/game.html<br />

Stickman Murder Mystery<br />

http://www.normandcompany.com/STICKMAN/<br />

Marathon Manufacturing<br />

1/2 Page - Repeat<br />

10 . <strong>March</strong> 2008 ALS News


Remembering A Part of<br />

Peter Timoschuk’s Life<br />

I send condolences to the family and<br />

friends of Peter Timoschuk. I got to know<br />

Peter over my years as an <strong>Alberta</strong> <strong>Land</strong><br />

Surveyor, but especially as a new ALS<br />

when I worked with him at Canadian<br />

Engineering Surveys Ltd. in Edmonton<br />

from 1968 to 1970.<br />

Peter was always searching for new,<br />

easier survey methods to measure, locate<br />

or place survey iron posts. In those years,<br />

when I was with CES, we were parallel<br />

surveying the Trans-Canada Pipeline to<br />

eastern Canada. I particularly remember<br />

his rapid use of a subtense bar and the<br />

calculation of distances along the pipeline<br />

to locate the existing iron posts marking<br />

the previously marked right-of-way. He<br />

could do the isosceles triangle calculation<br />

in his head to yield the remaining distance<br />

we would use to locate those buried iron<br />

posts. It was a challenge for us shorter<br />

crew members in working with him to<br />

remember to set the instrument up to his<br />

operating height.<br />

Peter had a phenomenally analytical<br />

mind. He liked determining methods to<br />

take measurements directly or indirectly<br />

around obstacles, over rivers, swamps and<br />

hills. He could compute anything with<br />

his logarithmic tables and later his field<br />

calculator. His biggest delight was to wade<br />

in to a boundary curve calculation or<br />

an astronomic observation to calculate a<br />

starting azimuth for a survey.<br />

When you met him, with his mild<br />

manner, once the greeting exchange was<br />

complete with a comment or two on the<br />

weather, the conversation quickly moved<br />

to his thoughts on the problem he was<br />

analyzing that day. This was not a surface<br />

discussion but right into the deep detailed<br />

math analysis and theory. During the<br />

discussion, out came the pouch of tobacco<br />

and the cigarette papers to roll a cigarette<br />

by hand. We might have to stand close<br />

to shield the breeze until he could get the<br />

“tabacie” onto the paper. <strong>The</strong> rollup of the<br />

paper was finished of with a lick to glue<br />

the paper together and a twist at each end<br />

to keep the tobacco in. <strong>The</strong> twisted end<br />

was useful, as then the paper would stick<br />

to Peter’s lip as he talked. <strong>The</strong>n out came<br />

the lighter to light the other twisted end<br />

and after three or four drags, it would go<br />

out but continue to stick to his lip for<br />

a while. In reality, he didn’t smoke that<br />

much volume of tobacco as the weather,<br />

calculations, rolling, twisting and talking<br />

didn’t leave much time for smoking.<br />

It was a privilege to me, when I received<br />

my commission as a Canada <strong>Land</strong>s<br />

Surveyor, to understand that I was joining<br />

ranks with a dedicated fellow like Peter.<br />

He was one of the original Dominion<br />

<strong>Land</strong> <strong>Surveyors</strong> before they renamed us as<br />

Canada <strong>Land</strong>s <strong>Surveyors</strong>.<br />

<strong>The</strong> obituary published in the Calgary<br />

Herald (and in the Fall 2007 issue of ALS<br />

News) was very well prepared, covering<br />

his lifetime in one page. <strong>The</strong> details of his<br />

life’s work would fill volumes, much like<br />

the many field notes he made over the<br />

years. <strong>The</strong> influence that Peter had on his<br />

colleagues and students would take many<br />

more pages.<br />

My circumstances did not permit me<br />

to attend Peter’s funeral but I hope that<br />

these recollections pay tribute to his life.<br />

Munroe Kinloch, ALS, CLS (Ret.)<br />

An Unwise Wager<br />

It is with a bittersweet sentiment that<br />

I enclose a donation of $500.00 to the<br />

J.H. Holloway Scholarship Foundation.<br />

Obviously, the act of contributing to this<br />

scholarship is a sweet experience, but it is<br />

the nature of the contribution that leaves<br />

a bitter taste.<br />

This donation (and confession) is the<br />

end result of an unwise wager I made with<br />

Mr. Chris Tucker. Mr. Tucker and I were<br />

engaged in a discussion of whether or not<br />

there ever existed a commercial, single-frequency<br />

real-time-kinetmaic GPS system.<br />

While I recognized that several kinematic,<br />

single-frequency systems existed in the<br />

past, the systems I was familiar with were<br />

not real-time, but rather required postprocessing<br />

(i.e. “stop-and-go” surveying).<br />

I could not believe that a real-time<br />

system existed as it would be incredibly<br />

cumbersome to use. Solving for ambiguities<br />

on-the-fly with single frequency data<br />

requires long time spans of clean data<br />

when compared to the dual-frequency<br />

case. Essentially, any time lock was lost,<br />

you would have to either remain stationary<br />

for at least 10-15 minutes or return to<br />

a previously known point and re-initialize.<br />

I might add the certainty of correct ambiguity<br />

resolution is much reduced with<br />

only single-frequency data.<br />

letters<br />

Unfortunately, it was subsequently<br />

confirmed that Trimble offered a singlefrequency<br />

RTK solution early-on, but that<br />

it was unpopular due to above-mentioned<br />

difficulties. Essentially, the system was<br />

only useable in prairie areas and under<br />

good ionospheric conditions. For practical<br />

RTK operations, dual-frequency data is<br />

required, but this distinction was not part<br />

of the finalized wager.<br />

In conclusion, coming out on the<br />

short-end of this wager, I am required to<br />

announce – “Mr. Tucker, you were correct,<br />

and I was wrong.”<br />

Dr. Robert Radovanovic, ALS<br />

Scholarships<br />

<strong>The</strong> value of post-secondary education<br />

is immeasurable, but the cost can often<br />

be prohibitive. <strong>The</strong> task for us begins by<br />

bringing the best and most deserving<br />

students to the University of Lethbridge<br />

and assuring they receive the financial<br />

resources they need to succeed. As we<br />

strive to attract the brightest young minds<br />

from across the country, our scholarship<br />

program is vital. Through the creation and<br />

growth of annual and endowed scholarships,<br />

we can nourish the talented and<br />

diverse students who choose to begin their<br />

futures at the University of Lethbridge.<br />

Thank you for your support and encouragement<br />

of the students who are pursuing<br />

their university education.<br />

<strong>The</strong> 2007 recipient of the Geographical<br />

Information Science Scholarship is Ian<br />

Larsen. Mr. Larsen finished high school in<br />

Keg River and is enrolled in the Bachelor<br />

of Science program with a major in<br />

Archaeology & Geography.<br />

Ruth Hummel<br />

Director, Development<br />

University of Lethbridge<br />

On behalf of SIAST Palliser Campus and<br />

the Scholarship Committee, I would like<br />

to extend our sincere appreciation for<br />

your continued support of our students<br />

and programs through your sponsorship<br />

of the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association<br />

Scholarship.<br />

<strong>The</strong> Awards Presentation on December<br />

7th was a great success.<br />

Tawnia Stephanson<br />

Scholarships & Development Coordinator<br />

SIAST Palliser Campus<br />

ALS News <strong>March</strong> 2008 . 11


I’d like to thank the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association for this award.<br />

To me, it is nice to be recognized for<br />

the hard work that I have put into the<br />

Geomatics Program so far.<br />

My plans are to complete the program<br />

at the SIAST Palliser Campus and then<br />

complete the program at BCIT to gain<br />

my degree; ultimately striving towards<br />

my goal of becoming either an SLS or an<br />

ALS.<br />

Nathan Gibson<br />

Thank you for your support of the<br />

Geomatics Program at NAIT. It is greatly<br />

appreciated to know that industry is<br />

supporting the education of students<br />

interested in the survey profession.<br />

I personally thank you for the $1,500<br />

scholarship I was awarded on behalf of the<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association. This<br />

award will be put to good use as I hope<br />

to be a full member of the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong>’ Association in the near future.<br />

Bernie Friesen<br />

NAIT Geomatics Engineering Student<br />

I have been selected by the Geomatics Engineering<br />

Technology program to receive<br />

the J.H. Holloway Scholarship Foundation<br />

University of Calgary/SAIT transfer<br />

scholarship. I would like to thank the<br />

Foundation for donating this award. It is a<br />

great privilege to receive an award and you<br />

have made it possible. Thank you.<br />

Travis Lindquist<br />

Each year, thousands of worthy students<br />

at the University of Calgary receive<br />

scholarships and bursaries made possible<br />

by generous donors in our community.<br />

A student award can mean the difference<br />

between attending university of not, having<br />

to work and taking longer to graduate,<br />

or being recruited to another school.<br />

I would like to take this opportunity to<br />

thank you for your support and share in<br />

your excitement as we announce that the<br />

recipient of the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association Scholarship and the J.H. Holloway<br />

Scholarship in Geomatics Engineering<br />

through the University of Calgary is<br />

Amy Christine Spiers.<br />

Student awards make the difference<br />

between just having a dream and reaching<br />

it. Receiving a University of Calgary<br />

scholarship or bursary might well be the<br />

deciding factor that attracts promising<br />

young people to our campus or sustains<br />

Thank You<br />

them during their years of study—and<br />

encourages their pursuit of personal or<br />

academic excellence. Your contribution to<br />

the University’s student awards program<br />

is much appreciated and touches lives. At<br />

www.ucalgary.ca/giving you’ll be able to<br />

access an electronic copy of the Donor<br />

Impact Report.<br />

Claudia Barrett, Interim Director<br />

Student Awards and Financial Aid<br />

University of Calgary<br />

A.D. (Denis) Hosford<br />

Scholarship<br />

<strong>The</strong> A.D. (Denis) Hosford scholarship<br />

is funded in perpetuity through a lump<br />

sum donation by several surveying firms<br />

and Denis’ business associates, creating an<br />

annual scholarship of $2,500. <strong>The</strong> recipient<br />

of the scholarship for 2007 is Dustin<br />

James Engen.<br />

J. Fred Welter, President<br />

North West Geomatics Ltd.<br />

I would like to thank the J.H. Holloway<br />

Scholarship Foundation for awarding me<br />

with the University of Calgary/NAIT<br />

transfer scholarship. I hope to one day<br />

become a member of the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong>’ Association. You generosity<br />

puts me one step closer to achieving my<br />

goal.<br />

Mitchell Rose<br />

On behalf of all the Geomatics Engineering students here at the U of C, thank you for<br />

your generous donation to our Engineering Week T-shirts. <strong>The</strong>y were a huge success, and<br />

helped Geo win their first Engg week in several years (and the first time ever where we’ve<br />

won Frosh week AND Engg week the same year).<br />

Dan Grover<br />

12 . <strong>March</strong> 2008 ALS News


association notes<br />

New Members<br />

#787 LAURIE, Byron D.<br />

Byron Laurie was born in Calgary, <strong>Alberta</strong> in November 1974. He graduated from<br />

Mount Baker Secondary High School in Cranbrook, BC in 1992, from the Forestry<br />

Technology program at the College of the Rockies (COTR) in 1995 and from the University<br />

of Calgary in 2005 with a B.Sc. Geomatics.<br />

Articles were served under <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Mark Selander and Tim Martin<br />

from July 2005 until he received his commission on December 6, 2007. Byron is currently<br />

employed with Midwest Surveys Inc. in Medicine Hat. He is also an engineer-intraining<br />

with APEGGA.<br />

Surveying experience includes a mix of oil and gas and municipal. He is currently a<br />

member of the ALSA’s Public Relations Committee.<br />

Other activities that Byron enjoys include skiing, camping and fly fishing. He is married<br />

to articled student Lesley Laurie.<br />

#787 Byron Laurie, ALS<br />

#788 FORSYTH, Matthew<br />

Matt Forsyth was born in December 1982 in Winnipeg, Manitoba. He graduated from<br />

Lord Beaverbrook High School of Calgary in 2000 and from the University of Calgary<br />

with a B.Sc. in Geomatics in 2005.<br />

Jerry Quinlan, ALS served as Matt’s principal from June 2005 until he received his<br />

commission on January 23, 2008. He is also an engineer-in-training with APEGGA.<br />

Matt worked for Caltech Surveys Ltd. in Calgary during the summer of 2004 and<br />

from May 2005 he has been employed with McElhanney <strong>Land</strong> Surveys (Alta.) Ltd. in<br />

Grande Prairie. He presently serves on the ALSA Public Relations Committee.<br />

Travelling, skiing and hiking are some of Matt’s leisure activities. Matt and his wife<br />

Katherine reside in Grande Prairie.<br />

#788 Matt Forsyth, ALS<br />

#789 CHRISTIAN, Andrew W.<br />

Andrew Christian was born in Edmonton, <strong>Alberta</strong> in April 1981. He graduated from<br />

Assumption High School in Cold Lake in 1999 and from the University of Calgary with<br />

a B.Sc. Engg. in 2004.<br />

Articles were served under <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Bruce Drake and Dwight Wiberg<br />

from June 2004 until he received his commission on January 29, 2008. Andrew is also an<br />

engineer-in-training with APEGGA.<br />

Surveying experience is mostly in land development and Andrew is currently involved<br />

with land use planning as well.<br />

Andrew enjoys travel, music (guitar), sports and is learning Spanish. Andrew and Tara<br />

Abbott reside in Edmonton where is he currently employed with a Focus Surveys Limited<br />

Partnership.<br />

#789 Andrew Christian, ALS<br />

#790 HATCH, Paul J.<br />

Paul Hatch was born in Lewin’s Cove, Newfoundland in May 1977. He graduated from<br />

Pearce Regional High School in 1995 and went on to receive a diploma in Geomatics<br />

Engineering Technology from COGS and a B.Sc. in Geomatics Engineering from the<br />

University of New Brunswick in 2003.<br />

A. James Hume, ALS served as Paul’s principal from June 2004 until he received his<br />

commission on February 12, 2008.<br />

Surveying experience involves mainly oilfield work in <strong>Alberta</strong> and BC as well as experience<br />

in the municipal sector. Paul is currently employed with Millennium Geomatics<br />

Ltd. in Calgary.<br />

Other activities include woodworking, camping, quadding, fishing and softball.<br />

#790 Paul Hatch, ALS<br />

ALS News <strong>March</strong> 2008 . 13


#791 Jeremy Howden, ALS<br />

#791 HOWDEN, Jeremy D.<br />

Jeremy Howden was born in North Vancouver in December 1976. After graduating<br />

from Elphinstone Secondary High School in 1994, he went on to receive a Diploma of<br />

Technology in Geomatics from BCIT and a B.Sc. in Geomatics Engineering from the<br />

University of Calgary in 2003.<br />

Jay Abbey, ALS served as Jeremy’s principal from December 2004 until he received his<br />

commission on February 20, 2008. He is also an engineer-in-training with APEGGA.<br />

Surveying experience includes oilfield and land surveying in Fort St. John, BC in<br />

1998, hydrographic surveying in Houston, Texas from 1999-2000, offshore surveying in<br />

the Gulf of Mexico and the North Sea from 2001-2004 and land surveying with Midwest<br />

Surveys Inc. in <strong>Alberta</strong> from 2004 to the present. Jeremy also serves as a member of the<br />

ALSA Standards Committee.<br />

Golf, skiing, baseball and travelling are a few leisure activities that Jeremy enjoys.<br />

#792 Ryan McMahon, ALS<br />

#792 McMAHON, Ryan P.<br />

Ryan McMahon was born in October 1979 in Middleton, Nova Scotia. He graduated<br />

from Middleton Regional High School in 1997, from the College of Geographic Sciences<br />

in 1999 and went on to receive a B.Sc. Eng. from the University of New Brunswick in<br />

2002.<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Bob Fulton and Purdy Smith served as Ryan’s principals from<br />

September 2002 until he received his commission on February 20, 2008. He also holds<br />

membership in APEGGA and is currently employed with Measurement Sciences Inc. in<br />

Calgary.<br />

<strong>The</strong> majority of Ryan’s survey experience is in the municipal survey sector. He served<br />

as a member of the ALSA Professional Development Committee for 2005-2006.<br />

Mountain biking, snowboarding, hunting or any other outdoor activity is where Ryan<br />

spends his leisure time. Ryan is engaged to be married to Kimberly Johnson.<br />

#793 Michael Thompson, ALS<br />

#793 THOMPSON, Michael A.<br />

Michael Thompson was born in Rosetown, Saskatchewan in July 1982. He graduated<br />

from Dr. E.P. Scarlett Collegiate in Calgary in 2000 and went on to receive a B.Sc. Eng.<br />

(Geomatics) with internship.<br />

Jerry Rasmuson, ALS served as Michael’s principal from June 2005 until he received<br />

his commission on February 28, 2008. Michael is an engineer-in-training with APEG-<br />

GA.<br />

Michael has been employed with Maltais Geomatics Inc. since 2003 and is currently<br />

their High Level branch manager. He is currently involved with the ALSA Future of the<br />

Association Ad Hoc Committee.<br />

Leisure activities include playing guitar, martial arts (Black Belt, Zen Karate), traveling,<br />

baseball and curling.<br />

# 794 Jeff Adair, ALS<br />

14 . <strong>March</strong> 2008 ALS News<br />

#794 ADAIR, Jeffrey A.<br />

Jeff Adair was born in 1981 in Calgary, <strong>Alberta</strong>. He graduated from Bishop Grandin<br />

High School in 1999 and from the University of Calgary with a B.Sc. in 2004.<br />

Ron Hall, ALS and Roy Pominville, ALS served as principals from October 2004 until<br />

he received his commission on <strong>March</strong> 4, 2008. Jeff is also an engineer-in-training with<br />

APEGGA.<br />

Jeff has been involved in oilfield surveying throughout western and central <strong>Alberta</strong>. He<br />

currently serves on the ALSA Safety Committee.<br />

Some leisure activities include hockey, skiing, mountain biking, Tim Horton coffee<br />

and spending time with his girlfriend, Erin.<br />

Jeff is employed with Focus Surveys Limited Partnership in Calgary.


ALSA Register Updates<br />

ACTIVE<br />

All former Crape Geomatics Corporation<br />

employees have new Altus<br />

Geomatics Limited Partnership e-mail<br />

addresses in the format of firstname.<br />

lastname@altusgroup.com. Chris Chiasson<br />

and Michael Stewart are located<br />

at the Grande Prairie office of Altus<br />

Geomatics Limited Partnership.<br />

Jeff Adair received his commission as ALS<br />

#794 on <strong>March</strong> 4, 2008. Mr. Adair is<br />

employed with Focus Survey Limited<br />

Partnership in Calgary.<br />

Rick Beaumont - new e-mail address:<br />

rbeaumont@telus.net; new phone<br />

number: (520) 207-7450 (Arizona).<br />

Andrew Christian received his commission<br />

as ALS #789 on January 29,<br />

2008. Mr. Christian is employed with<br />

Focus Surveys Limited Partnership in<br />

Edmonton.<br />

Cam Christianson - new fax: (403) 362-<br />

2514.<br />

Kent Croucher has moved with Focus<br />

Surveys Limited Partnership to Medicine<br />

Hat.<br />

Matt Forsyth received his commission as<br />

ALS #788 on January 23, 2008. Mr.<br />

Forsyth is employed with McElhanney<br />

<strong>Land</strong> Surveys (Alta.) Ltd. in Grande<br />

Prairie.<br />

Paul Hatch was registered as ALS #790<br />

on February 12, 2008. Mr. Hatch is<br />

employed by Millennium Geomatics<br />

Ltd. in Calgary.<br />

Jeremy D. Howden received his commission<br />

as ALS #791 on February 20,<br />

2008. Mr. Howden is employed by<br />

Midwest Surveys Inc. in Calgary.<br />

Don Lantz - new e-mail address: d.lantz@<br />

aamhatch.com.<br />

Byron Laurie received his commission as<br />

ALS #787 on December 6, 2007. Mr.<br />

Laurie is employed by Midwest Surveys<br />

Inc. in Medicine Hat. His direct phone<br />

number is (403) 866-2466.<br />

Syd Loeppky received approval for retired<br />

membership on January 29, 2008.<br />

Bob Mayne is now operating as a sole<br />

practitioner and can be contacted at<br />

4211 - 109 Street, Edmonton T6J<br />

2S2; Phone: (780) 435-4210; E-mail:<br />

remayne@telusplanet.net.<br />

Ryan McMahon received his commission<br />

as ALS #792 on February 20, 2008.<br />

Mr. McMahon is employed with Measurement<br />

Sciences Inc. in Calgary.<br />

Huong Nguyen is on a one-year leave<br />

from Focus Surveys Limited Partnership.<br />

Mike SexSmith - new e-mail address:<br />

buzzard6@telus.net; new phone number:<br />

(403) 652-3486 (cell).<br />

Jeff Stockdale has taken employment<br />

with Caltech Surveys Ltd. in Calgary<br />

effective December 10, 2007; Tel:<br />

(403) 716-3866; E-mail: jeff.stockdale@caltechsurveys.com.<br />

David Thomas - new e-mail address:<br />

david.thomas@longhorngeomatics.com.<br />

Michael Thompson received his commission<br />

as ALS #793 on February 28,<br />

2008. Mr. Thompson is employed with<br />

Maltais Geomatics Inc. in High Level.<br />

Dwayne Westacott - new e-mail address:<br />

dwaynew@wcltd.ca; new phone number:<br />

(780) 907-1364 (cell).<br />

Murray Young - new e-mail address:<br />

m.young@bemoco.com.<br />

ARTICLED PUPILS<br />

Tariq Al-Barwani signed articles with<br />

Colin Jeschke, ALS of Maltais Geomatics<br />

Inc. in Calgary on November<br />

21, 2007.<br />

Rheal Bourgouin transferred articles to<br />

Roger Leeman, ALS of MMM Geomatics<br />

<strong>Alberta</strong> Limited in Calgary on<br />

January 11, 2008.<br />

Jason Deschamps transferred articles to<br />

Bruce Gudim, ALS of Maltais Geomatics<br />

inc. on December 22, 2007.<br />

Mr. Deschamps works out of the<br />

Calgary office.<br />

Ryan Dobson transferred articles to Mark<br />

Dempsey, ALS of McElhanney <strong>Land</strong><br />

Surveys (Alta.) Ltd. on December 19,<br />

2007.<br />

Jennifer King mutually terminated<br />

articles with Ross Woolgar, ALS on<br />

January 16, 2008.<br />

Shawn Hubert signed articles with<br />

John Stephens, ALS of Focus Surveys<br />

Limited Partnership in Edmonton on<br />

February 5, 2008.<br />

Lesley Laurie transferred articles to Rob<br />

Scott, ALS of Stantec on January 21,<br />

2008. Ms. Laurie will be working out<br />

of Stantec’s field office in Medicine Hat<br />

at 641 - 4 Street SE T1A 0L1; E-mail:<br />

lesley.laurie@stantec.com.<br />

Sachin Mahendru transferred articles to<br />

David Marquardt, ALS of Midwest<br />

Surveys Inc. in Calgary on January 1,<br />

2008.<br />

David Mazurkewich signed articles with<br />

Al Jamieson, ALS of Raymac Surveys<br />

Ltd. in Calgary on January 7, 2008.<br />

Hector Muniz signed articles with Ed<br />

Oh, ALS of Altus Geomatics Limited<br />

Partnership in Edmonton on February<br />

5, 2008.<br />

Jason Nickerson is now employed with<br />

Stantec Geomatics Ltd. in Edmonton.<br />

Peter Pelletier’s articles with Ross Woolgar,<br />

ALS were terminated on January<br />

16, 2008.<br />

Kris Ritchie signed articles with Kevin<br />

Jones, ALS of Jones Geomatics Ltd. in<br />

Calgary on December 10, 2007.<br />

Tyler Robinson signed articles with Kent<br />

Croucher, ALS of Focus Surveys Limited<br />

Partnership in Medicine Hat on<br />

December 17, 2007.<br />

Randy Waye mutually terminated articles<br />

with Bob Baker on December 8, 2007.<br />

Timothy Willms transferred articled to<br />

Peter Lapainis, ALS of Fugro/SESL<br />

Geomatics Ltd. in Calgary on September<br />

21, 2007.<br />

AFFILIATE<br />

Patrick Boudreau is now employed with<br />

Stewart, Weir & Co. Ltd. in Sherwood<br />

Park; E-mail patrick.boudreau@swg.ca.<br />

Jade McLeod - mailing address has<br />

changed to Midwest Surveys Inc. 2318<br />

B Assiniboine Avenue E., Regina, SK<br />

V4P 2P5<br />

Paul Standing’s affiliate membership was<br />

terminated on January 9, 2008.<br />

ASSOCIATE<br />

Darcy Pittman was approved as associate<br />

member AS056 on January 29, 2008.<br />

CORPORATE<br />

Alpine <strong>Land</strong> Surveys Limited has moved<br />

to 1151 Sidney Street, Suite 116A,<br />

Canmore T1W 3G1<br />

Boss Geomatics Inc. was registered as<br />

a surveyor’s corporation with permit<br />

number P238 on January 4, 2008. Terry<br />

Beblow is the <strong>Alberta</strong> <strong>Land</strong> Surveyor<br />

responsible for supervision, direction<br />

and control of the corporation. <strong>The</strong><br />

contact information is 2628 Millwoods<br />

Road East, Suite 403, Edmonton T6L<br />

5K8;<br />

Tel: (780) 440-5121 or 456-3333;<br />

Fax: (780) 328-1001;<br />

E-mail: info@bossgeomatics.ca.<br />

ALS News <strong>March</strong> 2008 . 15


Can-Am Geomatics Corp. has moved to<br />

110 - 11 AVE NW, Swift Current, SK<br />

S9H 1B8.<br />

Challenger Geomatics Ltd. has closed its<br />

Fort McMurray branch office.<br />

Halma Surveys address has changed to<br />

918 - 3 Avenue S., Lethbridge. Postal<br />

Code and all other information remains<br />

the same.<br />

Maltais Geomatics Inc. in High Level<br />

has updated their address to remove<br />

reference to the post office box. <strong>The</strong><br />

postal code, phone, fax and e-mail<br />

remain unchanged.<br />

Northland Surveys Ltd. - new e-mail address:<br />

land@northlandsurveys.com.<br />

SexSmith Surveys Ltd. - new e-mail address:<br />

sharon_ssd@xplornet.com.<br />

UMA Engineering Ltd. was cancelled as<br />

a surveyor’s corporation as of December<br />

31, 2007.<br />

Westacott Consulting Limited - new<br />

website address: www.wcltd.ca.<br />

tive Committee and Executive Council<br />

and has held many positions on various<br />

committees and boards of directors.<br />

Her education includes the completion<br />

of three business management certificates<br />

as well as numerous certificates in administration,<br />

bookkeeping and accounting.<br />

Kerry was born in Three Hills, <strong>Alberta</strong><br />

and grew up in and around Brooks, in<br />

Red Deer and in Medicine Hat. In 2002<br />

she and her husband moved to Edmonton,<br />

where they reside with their dog<br />

Boots. She enjoys running, sewing, camping,<br />

traveling and entertaining family<br />

and friends. She is glad to be utilizing her<br />

experience with the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association and is looking forward to<br />

working with everyone at the ALSA.<br />

New Public Member<br />

Director of Internal Trade. Some notable<br />

achievements during his tenure were<br />

the creation of the <strong>Alberta</strong> Real Estate<br />

Assurance Fund, and <strong>Alberta</strong> Real Estate<br />

Foundation, the Real Estate Council of<br />

<strong>Alberta</strong>, and initiation of the provincial<br />

free trade agreement between <strong>Alberta</strong> and<br />

British Columbia (TILMA).<br />

Rudy and Dianne are avid travelers<br />

and have visited many parts of the world.<br />

Other interests include wine tasting, reading<br />

and occasional golfing. Recently, Rudy<br />

joined PROBUS, a social networking club<br />

for retired business and professional men<br />

and women.<br />

Dick Bassil Retires<br />

New Staff Member<br />

Kerry Barrett joined the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association on January 14, 2008 as<br />

an administrative assistant.<br />

Kerry has amassed a vast range of<br />

experience during her twenty-three-year<br />

career. For the past seven years she was<br />

employed as the chief administrative and<br />

financial officer of a large provincial nonprofit<br />

organization as the elected secretary<br />

treasurer. Some of her accomplishments<br />

while with that organization included<br />

organizing successful large scale events,<br />

including the organization’s largest ever<br />

Annual School in Jasper and largest ever<br />

Annual Kid’s Camp. She has many years<br />

of experience as a member of the Execu-<br />

Rudy Palovcik is owner/operator, with<br />

his wife Dianne, of TPI Sherwood Park<br />

Travel, a full service travel agency serving<br />

Strathcona County for more than ten<br />

years. He retired from the <strong>Alberta</strong> Government<br />

in 2006 after 24 years service.<br />

Raised in southwestern Ontario, Rudy<br />

attended Acadia University, graduating<br />

with a Bachelor of Commerce. He is<br />

also a graduate in 2004 from the Senior<br />

& Executive Managers’ Development<br />

Program at the University of <strong>Alberta</strong>. He<br />

worked in finance and marketing with<br />

Canadian General Electric, anti-dumping<br />

and consumer affairs with the Government<br />

of Canada, sales with Mutual Life,<br />

and retail management with Radio Shack<br />

before joining the <strong>Alberta</strong> Government.<br />

Some of the positions he held included<br />

Deputy-Superintendent and Superintendent<br />

of Real Estate, Director of Co-operatives,<br />

Director of Industry Standards and<br />

<strong>The</strong> Associaton staff held a farewell lunch<br />

for retiring Registrar Dick Bassil just<br />

before Christmas. Dick served as the Association’s<br />

registrar from 2003 to 2007.<br />

Executive Director Brian Munday is<br />

shown in the picture presenting Dick<br />

with an artist’s rendition of a map of the<br />

Howse Pass in commemoration of the<br />

David Thompson Bi-centennial.<br />

All of us thank Dick for the integrity<br />

and knowledge that he brought to the registrar’s<br />

position and the profession overall.<br />

We wish you well!<br />

16 . <strong>March</strong> 2008 ALS News


Historical Foundation Up And Running<br />

<strong>The</strong> <strong>Alberta</strong> Historical<br />

and Educational<br />

Foundation for <strong>Land</strong><br />

Surveying is not just a<br />

reality but has money in<br />

the bank.<br />

<strong>The</strong> AHEFLS was officially launched in<br />

late 2005, however some operational delays<br />

in becoming registered as a charitable<br />

organization delayed a formal fundraising<br />

and membership drive.<br />

<strong>The</strong> Foundation was originally<br />

conceived back in 2002 as a charitable<br />

foundation to raise funds to preserve the<br />

history of surveying and promote the<br />

profession through traveling displays in<br />

<strong>Alberta</strong> museums. Somewhat akin to<br />

the mandate of the ALSA Historical &<br />

Biographical Committee, the AHEFLS as<br />

a charitable organization will be able to<br />

issue tax receipts for donations of historic<br />

<strong>The</strong> <strong>Alberta</strong> Historical and Educational Foundation<br />

for <strong>Land</strong> Surveying will be holding its second annual<br />

meeting in conjunction with the ALS Annual<br />

Meeting at Lake Louise in April. All members of the<br />

ALSA are invited to attend and participate.<br />

survey equipment as well as cash contributions.<br />

<strong>The</strong> Foundation is set up with<br />

a similar corporate structure as the J. H.<br />

Holloway Foundation but does not plan<br />

to compete with the JHH for contributions.<br />

<strong>The</strong> AHEFLS is looking to obtain<br />

legacy grants as well as the donation of<br />

survey artifacts. <strong>The</strong> Foundation is also<br />

set up so that it can receive donations of<br />

shares which will give the donor significant<br />

relief from capital gains.<br />

<strong>The</strong> Foundation’s charter allows it to<br />

sell a maximum of 1,000 non-negotiable<br />

shares which are restricted to members of<br />

the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association.<br />

<strong>The</strong>re are currently only three shareholders<br />

being the founding directors, Jim Halliday,<br />

Dave McWilliam and Ken Allred.<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> are invited to join<br />

up as shareholders of the Foundation.<br />

<strong>The</strong> AHEFLS has had discussions with<br />

the Historical & Biographical Committee<br />

of the ALSA to assess projects which<br />

the two bodies can move forward on a<br />

collaborative basis. Among the potential<br />

projects being discussed to date have<br />

been the David Thompson Centennial<br />

Canoe Brigade, traveling survey displays<br />

for smaller museums and the 100th Anniversary<br />

of the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Association.<br />

<strong>The</strong> <strong>Alberta</strong> Historical and Educational<br />

Foundation for <strong>Land</strong> Surveying will be<br />

holding its second annual meeting in<br />

conjunction with the ALSA Annual Meeting<br />

at Lake Louise in April. All members<br />

of the ALSA are invited to attend and<br />

participate.<br />

At present, the Foundation is starting<br />

off small but hopes to work closely with<br />

the <strong>Surveyors</strong> Historical Society in the<br />

United States, working together to preserve<br />

and publicize the rich history that<br />

land surveying has played in the development<br />

of North America.<br />

<strong>The</strong> <strong>Surveyors</strong> Historical Society holds<br />

an annual rendezvous at various locations<br />

to commemorate significant events in survey<br />

history. Recent events have included a<br />

David Thompson rendezvous in Spokane<br />

in 2005, a tribute to George Washington<br />

in Virginia in 2006 and a Rendezvous<br />

on the Mason Dixon line in 2002. From<br />

September 11 to the 13th, the SHS will<br />

celebrate the birthplace of the Public <strong>Land</strong><br />

This is the birth of what<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong><br />

will look back on as<br />

a significant stepping<br />

stone to acclaiming<br />

our place in the<br />

development of Western<br />

Canada.<br />

System in Akron, Ohio. A Museum of<br />

Surveying and park was created some<br />

twenty or so years ago in Lansing, Michigan<br />

and is now joined by a new National<br />

Museum of Surveying in Springfield Illinois, in the <strong>Land</strong><br />

of Lincoln, another of America’s great<br />

surveyor presidents.<br />

Perhaps one day the AHEFLS will be<br />

in a position to emulate our American<br />

colleagues in establishing a survey museum<br />

to display our proud history.<br />

<strong>The</strong> Foundation will also liaise with the<br />

FIG Permanent Institution for the History<br />

of Surveying and Measurement. <strong>The</strong><br />

FIG Institution continues to work with<br />

the United Nations to establish World<br />

Heritage sites commemorating significant<br />

survey achievements such as the Struve<br />

Arc through Europe and the north south<br />

longitudinal arc through Africa. A possible<br />

heritage site might be the Dominion<br />

<strong>Land</strong> Survey System in western Canada<br />

which has been acclaimed as the greatest<br />

engineering feat of all times. Perhaps we<br />

can change that to be the greatest surveying<br />

feat of all times.<br />

This is the birth of what <strong>Alberta</strong><br />

<strong>Land</strong> <strong>Surveyors</strong> will look back on as a<br />

significant stepping stone to acclaiming<br />

our place in the development of Western<br />

Canada.<br />

G. K. Allred, ALS<br />

ALS News <strong>March</strong> 2008 . 17


R.O. (Ron) Hall, ALS<br />

D.R. (Don) George, ALS<br />

FOR PRESIDENT<br />

R.O. (Ron) Hall, ALS<br />

Born in Calgary, <strong>Alberta</strong>.<br />

Received diploma in Surveying Technology from the Southern <strong>Alberta</strong> Institute of Technology<br />

(SAIT) in 1981.<br />

Received Bachelor of Science degree in Survey Engineering from the University of Calgary<br />

in 1987.<br />

Received <strong>Alberta</strong> <strong>Land</strong> Surveyor (ALS) commission in 1989 under the supervision of Len<br />

Leiman, ALS.<br />

Received Professional Engineer (P.Eng.) designation in 1989.<br />

Received commission as a Canada <strong>Land</strong> Surveyor (CLS) in 1991.<br />

Received MBA, with distinction, through the University of Calgary’s Haskayne School of<br />

Business in 2005.<br />

Began surveying career at Midwest Surveys in 1987 until 1993.<br />

In 1993 joined Focus Corporation and moved to Grande Prairie, 1993-2001.<br />

In 1996 was appointed Vice President of Focus’ Oil and Gas Surveys Division and in 2000<br />

was appointed to the position of President and COO of the organization.<br />

Ron has served on the Board of Directors of Focus Corporation since 1995.<br />

Currently, Ron holds the position of Executive Vice President–Geomatics.<br />

Ron is a member of the Focus Executive Leadership Team which oversees the management<br />

of the organization and its divisions.<br />

Involved in many ALSA committees including: acting as ALSA’s representative on the<br />

development of the MRA-2001, Chairman of the Registration Committee, sitting on<br />

Council, and serving as Vice President for 2007–2008.<br />

Also involved in other professional associations including the Canadian Institute of Geomatics<br />

(CIG), APEGGA, ACSM and the Association of Canadian <strong>Land</strong> <strong>Surveyors</strong> (ACLS).<br />

Resides in Cochrane, <strong>Alberta</strong> with wife Shirley and two teenage boys, Aaron and Matthew.<br />

FOR VICE PRESIDENT<br />

D.R. (Don) George, ALS<br />

Born in Edmonton, <strong>Alberta</strong>.<br />

Began surveying career in 1966.<br />

Received diploma in Survey Technology at NAIT in 1969.<br />

Articled to Hugo Engler and received ALS commission (#397) in 1975.<br />

Shareholder and manager of W.D. Usher and Associates (branch office) in Camrose in<br />

1975.<br />

Sold shares in W.D. Usher, bought assets and started Cam-Alta Surveys Ltd in 1984.<br />

Sold Cam-Alta Surveys Ltd. to Maltais Associates <strong>Surveyors</strong> Ltd. in 1993.<br />

Joined the ALSA January 1994 as Assistant to the Director of Practice Review.<br />

November 2007 became Acting Director of Practice Review and Assistant to the Acting<br />

Director of Practice Review until the present. Became my own boss, ha!!<br />

ALSA Activities<br />

Member of Council 1988 to 1990.<br />

Over the years, a member of various committees and sub-committees of the ALSA [Standards<br />

and sub-committees of Standards (13 years), Legislative, ALSA Liaison, to mention a<br />

few].<br />

Was a presenter at various seminars (Getting It Right, Evidence and Field Staff).<br />

Personal<br />

Hobbies are grandchildren, traveling, outdoor activities with my wife and our grandchildren<br />

and mentoring.<br />

Resides in Edmonton and married to my lovely wife Eileen.<br />

Five children and eleven fantastic grandchildren.<br />

Future goals are semi-retirement and involvement with the Executive of the ALSA.<br />

18 . <strong>March</strong> 2008 ALS News


nominees for council<br />

T.W. (Terry) Hudema, ALS, CLS, P.Eng.<br />

Born in Willingdon, <strong>Alberta</strong>; raised in Lethbridge.<br />

Graduated from the University of <strong>Alberta</strong> with a B.Sc. in Civil Engineering in 1971.<br />

Received Professional Engineer status in 1973.<br />

Articled to Jerald Rasmuson, ALS.<br />

Obtained ALS Commission in 1976.<br />

Received Canada <strong>Land</strong>s Surveyor Commission in 1982.<br />

Previously employed by JTR Survey Services Ltd., Government of <strong>Alberta</strong> (contract) and<br />

Stantec.<br />

Employed with Raymac Surveys Ltd. since 1998. Currently a partner and director.<br />

Served on numerous ALSA committees as a member, from 1976 to present including Standards,<br />

Legislation, Vision 2000, Discipline and Boundary Panel.<br />

Served as South Sub-Chairman on the rewrite of the <strong>Land</strong> <strong>Surveyors</strong> Act and Chairman<br />

of the Legislation Ad Hoc Committee Surveys Act Section 3 Monument Governing Status<br />

rewrite.<br />

Member of the ALSA Council since 2006.<br />

Council Liaison to Legislation Ad Hoc Committee (2006 and 2007) Future of the Association<br />

Ad Hoc Committee (2006) and Director of Surveys Review Committee (2007).<br />

Member of APEGGA and ACLS.<br />

Member of the <strong>Alberta</strong> Central Zone Referees Committee from 1979 to 1995. Instructor<br />

from 1988 to 1995.<br />

Off-ice official with the WHL Calgary Hitmen since 1995.<br />

Involved with Special Olympics Calgary, <strong>Alberta</strong> and Canada Floor Hockey program since<br />

2003.<br />

Leader on the 2003 ALSA Geomatics Award of Excellence presented to Raymac Surveys<br />

Ltd.<br />

Three adult children: Christopher, Nicole and Stephanie.<br />

T.W. (Terry) Hudema, ALS<br />

FOR COUNCIL<br />

J. (John) Haggerty, ALS, CLS, P.Eng.<br />

Born in Winnipeg, Manitoba in 1974.<br />

Graduated from U of C with a B.Sc. in Geomatics Engineering in 1997.<br />

Worked for Haggerty Surveys Ltd. (previously Diamond Willow Planning and Surveying<br />

Ltd.) from a young age.<br />

Has worked for Challenger Surveys Ltd., Stantec Geomatics, and the Regional <strong>Surveyors</strong><br />

Office of Geomatics Canada.<br />

Employed by Can-Am Geomatics Corp., 1997-present (Edmonton, Fort McMurray and,<br />

for the past 4 years, Grande Prairie).<br />

Served articles under Roger Ross, ALS, CLS and John Wallace, ALS.<br />

Obtained ALS Commission in 2003 and CLS Commission in 2007.<br />

Served on the Historical and Biographical Committee for four years and was involved in<br />

the research and editing of Laying Down the Lines.<br />

Served on the Registration Committee for the past three years.<br />

Vice president of the Grande Prairie Pipes and Drums. Further, he enjoys hunting, camping,<br />

and gardening.<br />

He and his wife, Elke, have two children, Emma(4) and Gordon(2), and live in Grande<br />

Prairie.<br />

J. (John) Haggerty, ALS<br />

ALS News <strong>March</strong> 2008 . 19


J.I. (Jim) Maidment, ALS<br />

J.J. (John) Matthyssen, ALS<br />

C.R. (Connie) Petersen, ALS<br />

J.I. (Jim) Maidment, ALS<br />

Born in Peterborough, Ontario in 1954.<br />

Attended Ryerson Polytechnical Institute 1971 to 1975.<br />

Employed by Horton & Wallace Surveys, Ontario, 1973 to 1979.<br />

Moved to Calgary in 1979.<br />

Employed by Sunbow Consulting, 1979 to 1992.<br />

Articled to Ed Lyster and received ALS commission in 1986.<br />

Founder and Manager of Maidment <strong>Land</strong> Surveys Ltd. 1992 to present.<br />

Extensive experience in most areas of municipal surveying with a couple of years<br />

working in the “oil patch.”<br />

Served on various ALSA ad hoc committees including RPR and Co-ordinate Based<br />

Cadastre.<br />

Served for many years on the Registration Committee.<br />

Hobbies include biking, sailing, canoeing, and traveling.<br />

Married 29 years to Joan with two grown children; Greg & Lisbeth.<br />

J.J. (John) Matthyssen, ALS, CLS<br />

Born in St. Thomas, Ontario in 1957.<br />

Began surveying in 1976.<br />

Graduated from the University of Toronto, Erindale College Survey Science Program<br />

in 1980.<br />

Articled to Kirk White, ALS 1981 to 1983.<br />

Received ALS commission in January 1984.<br />

Received CLS commission in April 1988,<br />

Employed by Loeppky Matthyssen & Assoc. Ltd. from 1981 to 1997.<br />

Extensive experience in municipal construction, subdivision and condominium surveys.<br />

Currently employed by Focus Surveys L.P., successor to Cadastral Group Inc., 1997 to<br />

present.<br />

Extensive experience in oilfield, wellsite, pipeline and facilities in patented and Crown<br />

lands.<br />

Served on several ALSA committees including: Registration, Public Relations, Standards,<br />

Boundary Panel.<br />

Enjoys tennis, golf, skiing and boating.<br />

Resides in Calgary with wife Shannon and two teenage sons; Ryan and Kyle.<br />

C.R. (Connie) Petersen, ALS<br />

Born in New Denmark, New Brunswick.<br />

Received Geomatics Engineering degree from University of New Brunswick 1977.<br />

Member of APEGGA since 1981.<br />

Articled to J. Keith Smith, Vince Ziegler and Irwin Maltais.<br />

Received <strong>Alberta</strong> <strong>Land</strong> Surveyor commission in 1998.<br />

Employed in the survey industry in Nova Scotia, <strong>Alberta</strong>, British Columbia and Virginia<br />

from 1977-2004.<br />

Documents examiner at Edmonton <strong>Land</strong> Titles Office in 1983-1986.<br />

Branch Manager for Maltais Geomatics in High Level from 1997-2000.<br />

Served as High Level Town Councillor 1999-2000.<br />

Member of Lethbridge Home Builders Association executive 2002-2003.<br />

Currently employed by Midwest Surveys Inc. in Brooks and Medicine Hat.<br />

Served on Legislation Committee 1997-2001.<br />

Chairman of Legislation Committee 1999-2001.<br />

Served on CPD Subcommittee 1997-1998.<br />

Served on Association Finances Ad Hoc Committee 2000-2001.<br />

Served on Registration Committee 2001 to present.<br />

Chairman of Registration Committee 2005-2006.<br />

Hobbies include golf and travel.<br />

20 . <strong>March</strong> 2008 ALS News


Multimedia Data<br />

As Boundary Determination Evidence In <strong>Alberta</strong><br />

In June-July 2007, I sent out a<br />

questionnaire to land surveyors in<br />

<strong>Alberta</strong> which explored the use of<br />

cameras and videos as part of the<br />

data gathering process in cadastral surveys.<br />

Unfortunately only four questionnaires<br />

were returned, but, unsurprisingly a<br />

number of land surveyors were more than<br />

willing to discuss the issue informally.<br />

It appears that a significant number of<br />

field crews performing cadastral surveys in<br />

<strong>Alberta</strong> carry digital cameras and use them<br />

to record evidence related to boundaries.<br />

One surveyor indicated that, at times,<br />

his company’s crews use video cameras or<br />

still shots on their cell phones to transmit<br />

evidence to the land surveyor in the<br />

office and discuss and assess the different<br />

evidence before them with the office while<br />

they are in the field before making a decision<br />

on the most probable position of the<br />

boundary or monument in question.<br />

As with all electronic evidence, this<br />

creates a number of interesting dilemmas.<br />

First, the land surveyor has visual and<br />

audio evidence available which a few years<br />

ago perhaps would not have been readily<br />

available. Moreover, in the case of images<br />

transmitted by cell phone, the dialogue<br />

assisted by imagery permits informed<br />

decisions to be made while the crew is<br />

in situ. It can be expected that these new<br />

tools should reduce the instances where<br />

poor judgement is made regarding the<br />

most probable position of a boundary.<br />

Challenges arise as to the admissibility<br />

of this form of data in the event of<br />

court action. I should emphasize the<br />

greater weight of circumstantial evidence<br />

available, the lower the chance of a case<br />

appearing in court. This is especially so if<br />

the mathematical evidence derived from<br />

survey observations is combined with<br />

imagery of the physical evidence available<br />

and the different items of data collectively<br />

suggest the same conclusion about the<br />

most likely position of a boundary. In<br />

any event, land surveyors should employ<br />

standards of practice which would make<br />

court action an extremely unlikely event.<br />

Consider the example of a search and<br />

possible replacement of a lost monument.<br />

Images of existing fence positions in the<br />

same frame(s) as holes dug to search for<br />

evidence of the monument as predicted<br />

from mathematical evidence, along with<br />

the audio record of the discussion between<br />

the land surveyor and the field crew<br />

should provide an idea of the zone of uncertainty<br />

which exists about the position<br />

of the monument.<br />

It is, of course, trite that exact boundaries<br />

or edges exist only in geometrical<br />

theory. In practice, a zone of uncertainty,<br />

or fuzzy zone, exists even if the original<br />

monuments are in position, as the monuments<br />

may have been disturbed or in the<br />

case of large monuments (e.g. mounds,<br />

cairns, stone blocks), it may not be certain<br />

if the centre or one of the edges of the<br />

monument defines the original boundary<br />

or if the monument has eroded or<br />

weathered unevenly. This zone of uncertainty<br />

may be amplified considerably<br />

when the monuments are lost and have to<br />

be replaced based on an evaluation of the<br />

evidence available.<br />

...in the case of images transmitted by cell<br />

phone, the dialogue assisted by imagery permits<br />

informed decisions to be made while the crew is<br />

in situ...these new tools should reduce the instances<br />

where poor judgement is made regarding<br />

the most probable position of a boundary.<br />

In the event that a case does come<br />

before the court, the problem of admissibility<br />

of evidence arises. <strong>The</strong> issue of<br />

video evidence and admissibility has been<br />

covered in depth in an article by Oliver<br />

MacLaren and me in ALS News of June<br />

2007. Historically, the surveyor’s documented<br />

field notes should be available<br />

in an unaltered form for inspection and<br />

investigation long after the surveyor has<br />

passed on. If we adhere to this maxim,<br />

then ideally the audio record of the cell<br />

phone discussion and the accompanying<br />

video or still photos should form part of<br />

the evidence before the court. This data<br />

should form part of the survey record, and<br />

be stored in a manner which would satisfy<br />

the court that it has not been altered from<br />

its original form, or at least not altered so<br />

that meaningful evidence has been omitted<br />

or the emphasis or meaning of the<br />

whole multimedia record (photographs,<br />

audio files, video clips) has changed.<br />

Counsel for both parties should be able to<br />

promote or challenge the admissibility of<br />

this evidence.<br />

Perhaps what the literature has not<br />

examined to date is what might have been<br />

omitted from a video or discussion. Digital<br />

video files use an enormous amount<br />

of storage space. My experience of using<br />

evidence to record claims to land rights<br />

in a number of situations is that practically<br />

one has to keep the use of video to a<br />

minimum. This means that one may omit<br />

discussion which might be important.<br />

Very important items of evidence may be<br />

mentioned as an aside outside of a formal<br />

interview when the camera is not running.<br />

Nowadays, I record an audio track from<br />

the start to the finish of the process without<br />

any breaks as audio on its own creates<br />

a far smaller digital file.<br />

Dr. Michael Barry<br />

University of Calgary<br />

ALS News <strong>March</strong> 2008 . 21


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Relating GPS Baselines<br />

to “Ground” Distances<br />

and Bearings<br />

Surveys incorporating GPS (and particularly RTK) derived<br />

information are today commonplace. However, despite<br />

the widespread use of GPS-derived information, there<br />

has been little Association-wide discussion with regards<br />

to how to appropriately use this information on a plan of survey.<br />

Instead, individual practitioners usually rely on procedures provided<br />

to them by equipment and software suppliers which are not<br />

necessarily optimal for surveying in <strong>Alberta</strong>. This article discusses<br />

how to transform GPS-derived data into “plan-ready” bearings<br />

and distances and provides a standard that allows surveyors to<br />

directly compare their work.<br />

GPS processing, whether via RTK or post-processing, is<br />

intrinsically done in the WGS-84 reference frame. <strong>The</strong> resulting<br />

baseline vectors can be considered “pseudo-observations” in a<br />

subsequent adjustment, relating coordinate differences between<br />

observed points in WGS-84 (i.e. [dx dy dz]). For the rest of this<br />

article, we will use the term “GPS observation” to actually mean<br />

these baseline vectors, rather than the raw observations (satellite<br />

ranges) themselves.<br />

Given a set of points tied together via GPS observations, the<br />

coordinates of these points can be rigrously determined in the<br />

WGS-84 reference frame. Note that under normal surveys, the<br />

coordinates of one or more points in the network must be known<br />

to establish a datum. In special circumstances, the coordinates<br />

of the points may be determined directly, for example using<br />

NRCan’s Precise Point Positioning service. It is important to bear<br />

in mind that when using RTK or DGPS, the coordinates of the<br />

receiver points are NOT directly observed via GPS, but rather,<br />

the inter-receiver coordinate differences are the observables and<br />

the coordinates are subsequently derived based on applied datum<br />

constraints (i.e. the assumption of a coordinate for at least one<br />

point in the network).<br />

As an aside, one should be aware that some knowledge of the<br />

location of the network is actually required for the processing<br />

of the raw observations (i.e. to solve the baselines), but that the<br />

results are only weakly dependent on the inital assumptions about<br />

the position of the network. If you took a set of GPS observaby<br />

Dr. Robert Radovanovic, ALS<br />

Author’s Note:<br />

This article was created at the SarWiki site (www.sarpigroup.com/<br />

sarwiki). This site is a repository of survey-related articles and workspaces.<br />

Anyone can join and then contribute to articles and projects<br />

on the site. In particular, the site features discussion groups that may<br />

be of use to surveyors and articled students on topics ranging from<br />

using GPS to studying for professional exams.<br />

tions located near<br />

Taber, and fixed a<br />

coordinate of one<br />

point such that it<br />

was incorrect by<br />

100 metres, the<br />

resulting baseline<br />

vectors would<br />

still be correctly<br />

calculated within<br />

a few millimetres.<br />

However, if you<br />

said the network<br />

was near Peace<br />

River, errors in<br />

even the relative<br />

quantities would<br />

result. Suffice it<br />

to say that using<br />

the automomous<br />

(i.e. handheldderived)<br />

position<br />

of a single reciever<br />

will allow<br />

processing of the<br />

baselines to sufficient<br />

surveying<br />

accuracies. Once<br />

the baselines are<br />

Important Note<br />

Regarding Base Initialization<br />

Although the coordinates of the base station only<br />

have to be roughly determined for correct relative<br />

baseline quantities to be calculated, gross errors (><br />

100 m) in the base station position will cause even<br />

the relative baseline quantities to be incorrect.<br />

Usually, an autonomous receiver position at<br />

the base (i.e. the “here” solution) is sufficient for<br />

everything to work fine. However, sometimes the base<br />

station will determine a hugely incorrect position for<br />

itself (elevations of -3000m inside the earth, latitude/<br />

longitudes in other countries, etc). This usually happens<br />

if the base station is suddenly turned off without<br />

properly ending survey (i.e. power is pulled) and the<br />

base station is restarted at a different job. This behaviour<br />

has been detected in Leica and Trimble systems.<br />

Unless you check the base station position when<br />

you start the day and confirm it is “reasonable” you<br />

might go about your day surveying and incurring<br />

a huge (>100 ppm) scale factor error that is totally<br />

undetectable unless you compare to prior surveys, or<br />

set up the base station in a different spot and re-tie<br />

in points. During this doomed survey, the base will<br />

show it is properly tracking satellites, and the rover<br />

will fix ambiguities and show decent quality control<br />

results. <strong>The</strong> only hint something is amiss MAY be a<br />

“Reference Coordinates Differ from Expected” message.<br />

NEVER pull the plug on the base station to turn<br />

it off and ALWAYS confirm that the base station is<br />

using a reasonable (within 20 m) coordinate for itself.<br />

This can be done with a handheld receiver, using the<br />

ATS fabric to calculate a rough lat/long for the point<br />

the base is set over, or even using a NTS map.<br />

determined, they can be directly translated to “better” known<br />

coordinates.<br />

Since coordinates can be rigorously transformed between<br />

WGS-cartesian and WGS-lat/long/height formats, it makes no<br />

difference whether the results of GPS processing are presented as a<br />

set of WGS-84 cartesian coordinates or latitude/longitude/height<br />

triplets. Indeed, even mapping plane coordinates can be considered<br />

“complete,” if map projection parameters are provided. From<br />

an adjustment perspective, the cartesian solution is best, but from<br />

a semantic perspective, map projection results are more understandable.<br />

It’s tough to have a “feeling” of what a vector of [640 x,<br />

240 y, 300 z] looks like in the WGS-84 frame, but “390 N, 635 E<br />

and 40 up” makes some sort of physical sense.<br />

In the case of land surveying, arbitrary bearings are shown<br />

on a survey plan, along with “ground distances.” <strong>The</strong> concept of<br />

“ground distance” is ambiguous, as it implies a constant refer-<br />

ALS News <strong>March</strong> 2008 . 23


ence surface for the entirety of the survey.<br />

This poses a problem even for terrestrial<br />

surveys, as demonstrated in the diagram<br />

below. Assume that three stations are<br />

set up in a direct line. Each station is at<br />

significantly different elevation and interstation<br />

distances are measured. We will assume<br />

that no atmospheric effects exist and<br />

that there are no error sources present in<br />

the results. <strong>The</strong> stations are arranged such<br />

that the distances on the ellipsoid between<br />

stations A and B, and B and C are exactly<br />

3 km. Since the measurements are perfect,<br />

the distance on the ellipsoid between A<br />

and C is exactly 6 km.<br />

If one would like to represent the<br />

measured distances on a plan of survey, it<br />

will become quickly evident that a single<br />

reference surface is required to be defined<br />

or else artifical (and purely compuational)<br />

misclosures will be introduced. <strong>The</strong> choice<br />

of this reference surface is completely<br />

arbitrary to the surveyor. Furthermore, if a<br />

subsequent surveyor attempts to replicate<br />

this experiment, they will come up<br />

with different results unless they use the<br />

same choice of reference surface. In the<br />

diagram above, Surveyor A could assume<br />

the 300 metres level is ground, and say<br />

the distance from A to C is 6.0 km + 28<br />

cm. Surveyor B could then replicate the<br />

survey, assume 900 m is ground and come<br />

up with 6.0 cm + 84 cm. Neither is right,<br />

neither is wrong, but Plan A does not<br />

correspond to Plan B (granted, they do<br />

within 1:5000, but that is a poor example<br />

of sweeping today’s problem under the<br />

1960s rug).<br />

A similar issue arises in the use of<br />

GPS-derived observations since the<br />

baselines are fundamentally line-of-sight<br />

24 . <strong>March</strong> 2008 ALS News<br />

observations. A common reference surface<br />

must be defined for all projects in an area<br />

or discrepancies will become evident.<br />

Although these discrepancies are small<br />

(a 10 m change in elevation would alter<br />

the reduced distance of a 10 km line by<br />

2 cm), they are certainly within the accuracies<br />

achievable and ranges utilized for<br />

conventional GPS.<br />

<strong>The</strong> simplest reference surface to use<br />

would be the ellipsoid. However, due<br />

to the requirements for survey plans to<br />

indicate “ground distances,” this is not<br />

appropriate. Instead, a solution is to<br />

break up the province into townships over<br />

which a particular map projection applies.<br />

Since GPS observations can be direcly<br />

and consistently transformed between<br />

WGS-84 and any given map projection,<br />

surveyors would be able to directly compare<br />

observations and derived quantities<br />

such as the bearing and distance between<br />

two surveyed points.<br />

An appropriate map projection to use<br />

would be a modified transverse mercator<br />

projection with a latitude and longitude of<br />

origin corresponding to the latitude and<br />

longitude of the NE 33 of the township.<br />

This would immediately result in derived<br />

bearings referred to the central meridian<br />

of the township, thus being very similar<br />

to bearings expected from past work based<br />

on original township surveys. This map<br />

projection would also closely approximate<br />

the design of unsurveyed territory.<br />

Rigorously, a proper survey would require<br />

a direct occupation of the NE 33 to<br />

determine its latitude and longitude and<br />

ties from this point to the survey would<br />

be made. However, simply using the ATSderived<br />

latitude/longitude of the NE 33<br />

and ensuring that the relative position of<br />

the survey network with respect to the NE<br />

33 is known within 20 metres (achievable<br />

via the single-point solutions of the<br />

receivers) will result in a properly-rotated<br />

network. If the NE33 is directly tied at a<br />

later date, coordinates can be appropriately<br />

translated.<br />

A consistent scale factor can be derived<br />

for the “township tiles” by assuming an<br />

average elevation for the township, derived<br />

from an appropriate DTM. In this<br />

case, we have derived such elevations using<br />

the results of the Space Shuttle Topography<br />

Mission, and sampling 144 points<br />

per township. Even in the foothills, where<br />

elevations can change significantly over a<br />

township, use of the average elevation is<br />

suitable, since what we are seeking to do is<br />

provide a consistent reference surface for<br />

the comparison of GPS observations. If a<br />

GPS baseline is then compared to a terrestrial<br />

survey, a discrepancy will exist, but<br />

the amount of the error will usually below<br />

the typical terrestrial surveying accuracy.<br />

<strong>The</strong> resulting map projection parameters<br />

for each township within <strong>Alberta</strong> is<br />

available as an excel spreadsheet available<br />

at the SarWiki site (www.sarpigroup.com/<br />

sarwiki) in the forums section under the<br />

topic of “GPS and Geodesy Issues.” <strong>The</strong><br />

lat/long of the NE 33 of every township<br />

in <strong>Alberta</strong> is provided, as well as a scale<br />

factor to use for every township.<br />

By using these projections, one can set<br />

up appropriate mapping tiles for use with<br />

RTK or static GPS operations. <strong>The</strong> significant<br />

advantage of this process is that, if all<br />

surveyors use the same tiles, surveys can<br />

be directly compared for distances AND<br />

bearings (as opposed to distances and<br />

angles). A simple notation in the affidavit<br />

that “all bearings are derived from GPS<br />

and are referred to the central meridian<br />

of Township xx, Range xx, WxM” is sufficient<br />

to allow rigorous comaprisons of<br />

results. This system also greatly facilitates<br />

the building of “survey databases” within<br />

a surveyors’ own operations. In addition,<br />

in the field, if all the required projections<br />

are loaded on a data collector, an operator<br />

simply has to specify the township,<br />

range and meridian they are operating in<br />

and the datum used will automatically<br />

correspond to prior surveys in the area.<br />

A single known coordinate is all that is<br />

required for complete consistency with<br />

prior surveys.<br />


ook review<br />

So here I am, between Christmas<br />

and New Years, trying not to<br />

think about work. It had been a<br />

busy fall at the ALSA office and<br />

I was looking forward to some relaxing<br />

time coaching my son’s hockey team in a<br />

local tournament (his team won gold by<br />

the way). So one day, I went to my local<br />

Chapters store to pick out a new book so<br />

I could spend much of my break reading<br />

and relaxing. As I go up and down<br />

the aisles trying to decide between this<br />

book or that one, I came across Arc of<br />

the Medicine Line: Mapping the World’s<br />

Longest Undefended Border Across the<br />

Western Plains by Tony Rees. So much for<br />

not thinking about surveying during my<br />

Christmas holidays.<br />

Arc of the Medicine Line tells the story<br />

of Canadian, British and American surveyors<br />

undertaking one of the largest surveying<br />

jobs ever in all of North America.<br />

From 1872 to 1874, “they endured snow<br />

storms, mosquitoes, flash floods and the<br />

seething tensions from the aftermath of<br />

the US Civil War, the Metis uprising and<br />

the ongoing Indian Wars, all the while<br />

mapping and placing markers across<br />

nearly 900 miles of unforgiving territory.<br />

In drawing the ‘Medicine Line’ they<br />

defined the final shape of a new nation<br />

and ended, once and for all,<br />

the old American dream of<br />

Manifest Destiny.”<br />

I had the opportunity<br />

to read and learn about<br />

the surveying of the 49th<br />

Parallel when Judy Larmour<br />

was researching and writing<br />

Laying Down the Lines for<br />

the Association. In Tony<br />

Rees’ book, he expands on<br />

the story into a 370-page<br />

book. Arc of the Medicine<br />

Line is not a technical book<br />

focusing on how the surveys<br />

were done or what kind<br />

of equipment was used.<br />

Instead, Tony Rees gives<br />

life to the characters and<br />

shows what their personalities<br />

were like, both good<br />

and bad. Captain Donald<br />

Cameron was Chief Commissioner<br />

of the British and<br />

Canadian contingent but<br />

it appears that he was appointed<br />

based on his political<br />

and social connections rather than any<br />

experience as a surveyor. He apparently<br />

brought his wife and family with him to<br />

these wild outposts and would occasionally<br />

go on picnics with his family rather<br />

than attend to the surveying work at<br />

hand. Accompanying Cameron was Chief<br />

Astronomer Samuel Anderson who is<br />

described in the book as relaxed and congenial,<br />

popular and well-respected who<br />

would ask a great deal of his men and they<br />

would rarely disappoint him. Another<br />

prominent character in Arc of the Medicine<br />

Line is Lieutenant Albany Featherstonhaugh.<br />

Lieutenant Featherstonehaugh is<br />

described as a quiet and reserved man but,<br />

“more than once Anderson would note his<br />

colleague’s ‘irritable’ manner.”<br />

I am presuming that the Canadian and<br />

British records for this survey work were<br />

better preserved as Tony Rees does seem<br />

to give more time giving more life to the<br />

British and Canadian characters than to<br />

the American ones.<br />

Tony Rees himself was born in the<br />

United Kingdom and came to Canada in<br />

1957. He has an MA in English Literature<br />

from the University of Western Ontario<br />

(my alma mater) and was supervisor of<br />

the City of Toronto Archives before moving<br />

west to become Calgary’s first city<br />

ISBN 13:978-1-55365-278-6<br />

Arc of the Medicine<br />

Line tells the story of<br />

Canadian, British and<br />

American surveyors<br />

undertaking one of<br />

the largest surveying<br />

jobs ever undertaken<br />

in all of North<br />

America.<br />

archivist in 1981. Mr. Rees was on the organizing<br />

committee for the 1988 Calgary<br />

Winter Olympic Games and was chief<br />

archivist at the Glenbow Museum until<br />

1993 when he took to writing books. Rees<br />

is also the author of Hope’s Last Home:<br />

Travels in Milk River Country and Polo:<br />

<strong>The</strong> Galloping Game.<br />

A few years ago, I had the opportunity<br />

to do a presentation to some young<br />

home-schooled students. I gave them an<br />

unmarked map of North America and<br />

asked them to draw <strong>Alberta</strong>’s boundaries<br />

and it was fun to see what the results were.<br />

When someone gives you a map showing<br />

the boundaries of <strong>Alberta</strong> or Canada, it<br />

seems “obvious” that that is where they<br />

are and where they should be. When they<br />

are not marked on the map and certainly<br />

when they are not marked on the land,<br />

it is “obvious” how difficult the problem<br />

really is.<br />

“<strong>The</strong> logistical challenge in organizing<br />

men and material involved in the<br />

apparently simple act of drawing a thin<br />

line across 49 degrees north was becoming<br />

clear. For the 1873 season, her Majesty’s<br />

Commission would deploy a total of<br />

270 men, including 18 officers and 23<br />

non-commissioned officers and staff.<br />

<strong>The</strong>y would move with the aid of 100<br />

horses, 59 ponies and 48 oxen pulling 112<br />

vehicles of every sort and size.”<br />

Arc of the Medicine Line was not what<br />

I had intended to buy when I walked into<br />

my local bookstore but it was a great book<br />

to read over the Christmas holidays and<br />

into the New Year.<br />

Brian Munday<br />

ALS News <strong>March</strong> 2008 . 25


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the keeper of<br />

lost records<br />

by andreas n. korsos<br />

Introduction<br />

Working on several projects related<br />

to the travels of David Thompson,<br />

it seemed natural to also reflect<br />

on another historic figure that may be<br />

considered a ‘forgotten’ explorer and<br />

trader. Simon Fraser’s 2008 bicentennial<br />

is quickly approaching, marking his<br />

successful descent of what is now known<br />

as the Fraser River, aptly named by David<br />

Thompson well after the event.<br />

Few exploits of exploration in Canadian<br />

history surpass Simon Fraser’s journey<br />

to the sea and back in 1808 and while<br />

rediscovering this remarkable expedition,<br />

it became clear that there is a connection<br />

between David Thompson and Simon<br />

Fraser that, to date, has not been recognized<br />

or fully studied.<br />

It is well known that Thompson<br />

explored, surveyed and mapped more of<br />

this continent than any other surveyor<br />

or mapmaker of his time. He has been<br />

depicted as a versatile individual, and has<br />

been often described as a writer, surveyor,<br />

scientific explorer, cartographer, naturalist<br />

and a fur trader. However, as a result of<br />

an indirect link to Fraser’s 1808 expedition,<br />

Thompson can be heralded for yet<br />

another accomplishment that not even he<br />

could have been aware of.<br />

Simon Fraser<br />

Descended from a noble Scottish Highland<br />

clan, Simon Fraser’s family fled to<br />

Canada in 1784 with thousands of other<br />

loyalists, following the conclusion of the<br />

American Revolution. After the loss of his<br />

father, Fraser’s family moved to Montreal<br />

where Fraser would eventually attend<br />

school and soon after, begin his career in<br />

the fur trade apprenticed to the North<br />

West Company in 1792. By 1799, Fraser<br />

was serving as a clerk at Fort Chipewyan,<br />

28 . <strong>March</strong> 2008 ALS News<br />

in the Athabasca Department, and by<br />

1801, he became a partner of the North<br />

West Company; no small feat for a man<br />

of only 25 years of age.<br />

Figure 1: Simon Fraser 1776–1862 (BC Archives)<br />

Over the Mountains<br />

Explorations as early as the 17th century<br />

along the Pacific coast had found<br />

the mouth of a large river near the 46th<br />

latitude, but it wasn’t until May of 1792<br />

that Captain Robert Gray, an American,<br />

actually entered the mouth and named it<br />

the Columbia River. Following Mackenzie’s<br />

exploration to the Arctic Ocean in<br />

David Thompson Taking an Observation, C.W. Jefferys, C.W. Jeffery<br />

fonds, Library and Archives Canada<br />

1789 and his successful breakthrough to<br />

the Pacific Ocean at Bella Coola in 1793,<br />

the North West Company took a serious<br />

interest in the prospects for trading furs in<br />

the Far East.<br />

Finding an overland route to the Pacific<br />

would enable the company to shorten<br />

the distance to the Far East by establishing<br />

a fort from which to ship their furs from<br />

so that they may trade for other more<br />

precious commodities more economically.<br />

Mackenzie’s route had taken him over the<br />

upper portion of what is today’s Fraser<br />

River and maps of the Pacific coast created<br />

shortly afterward included Mackenzie’s<br />

route, referring to the upper portion of<br />

that river as, among other names, the<br />

Columbia River (Figure 2). It was clearly<br />

thought that the upper portion of the<br />

Fraser River was the headwaters of the<br />

Columbia River.<br />

While many were deliberating whether<br />

the two rivers were connected, Mackenzie’s<br />

explorations overland were followed<br />

by expeditions along the eastern slopes of<br />

the Rocky Mountains by the great surveyor<br />

and pathfinder David Thompson,<br />

together with his North West Company<br />

partner Duncan McGillivray, in 1800<br />

and 1801 with little success. Simon Fraser<br />

was ultimately instructed to determine


whether the upper portion of the river<br />

that now bears his name was in fact the<br />

headwaters of the Columbia, and he<br />

began his attempts in the autumn of 1805<br />

which culminated with the 1808 expedition.<br />

Mapping Simon Fraser’s<br />

Expedition<br />

While researching Fraser’s movements<br />

from 1805-1808 in order to create a<br />

thematic map on the topic, a number of<br />

different sources were utilized, including a<br />

transcript of Fraser’s original journal and<br />

a version edited by W.K. Lamb in 1960.<br />

Through Lamb’s edits, it became clear that<br />

Simon Fraser relied heavily on his invaluable<br />

lieutenant, John Stuart, who played a<br />

considerable role in Fraser’s 1808 descent<br />

and ascent of the river that now bears<br />

Fraser’s name.<br />

According to Lamb, Fraser assigned<br />

Stuart two significant responsibilities<br />

during the expedition. <strong>The</strong> first was the<br />

keeping of the official logs of the journey<br />

and the second, the surveying of the river<br />

as they descended it. <strong>The</strong> task of surveying<br />

required that Stuart not only keep a<br />

running survey of their course, but also<br />

that he take sextant observations for position.<br />

Unfortunately, John Stuart’s original<br />

log and survey notes of that expedition<br />

have long since disappeared, and we are<br />

without his written record or calculations<br />

of this historic journey.<br />

But secrets of the past can sometimes<br />

appear in unexpected ways, and so it was<br />

that during the research on Thompson,<br />

a partial written record and a full visual<br />

record of John Stuart’s work emerged.<br />

<strong>The</strong> Great Map of 1814<br />

In 1812, David Thompson left western<br />

North America for retirement in Terrebonne,<br />

Quebec. While in retirement,<br />

Thompson would create a series of maps<br />

that was paid for by the North West<br />

Company. From this series of maps, came<br />

the map that would chart western North<br />

America and become known as the ‘Great<br />

Map of 1814.’ <strong>The</strong> Great Map however<br />

is not just a compilation of Thompson’s<br />

own surveys, but the surveys and travels of<br />

other notable people of the era.<br />

Two of these persons are identified by<br />

Thompson 1 within the legend of the map<br />

in respect to the river which now bears<br />

Figure 2: Aaron Arrowsmith’s 1812 map of British possessions in North America clearly connects the known lower<br />

portion of the Columbia River with the upper Tacoutche-Tesse River (today’s Fraser River) as named and explored by<br />

Alexander Mackenzie. <strong>The</strong> dotted line connecting the two rivers is labeled by two names; an inidication of the question<br />

as to whether the two rivers were connected. (David Rumsey Historical Map Collection: www.davidrumsay.com)<br />

Simon Fraser’s name. <strong>The</strong> first, ‘Alexander<br />

Mackenzie,’ traveled along the upper<br />

reaches of the river on his journey to the<br />

Pacific in 1792, and the second, ‘John<br />

Stewart 2 , (Figure 3) was the aforementioned<br />

lieutenant to Simon Fraser during<br />

the 1808 expedition.<br />

John Stuart<br />

John Stuart was born in 1780 and joined<br />

the North West Company in 1796. Stuart<br />

was sent to Fort Chipewyan a short time<br />

later, subsequently served at various<br />

posts in the Athabasca department and<br />

Figure 4: An older John Stuart 1780-1847<br />

(BC Archives)<br />

in 1805 he was an assistant to Simon<br />

Fraser. That fall, the two men established<br />

Rocky Mountain Portage House and the<br />

following year Fort St. James on Stuart<br />

Lake. Stuart spent the winter of 1806 on<br />

McLeod Lake at Fort McLeod, established<br />

in 1805, and with the arrival of extra men<br />

and supplies in the fall of 1807, preparations<br />

began for the descent of the river<br />

erringly thought to be the Columbia and<br />

now known to be the Fraser.<br />

On May 28, 1808, second-in-command<br />

John Stuart left Fort George, at<br />

present day Prince George, with Simon<br />

Fraser, Jules Quesnel 3 , and twenty-one<br />

men on the epic journey down the river.<br />

Although Stuart was charged with charting<br />

their course, we do not know the<br />

extent of Stuart’s training as it relates to<br />

using a sextant or surveying, though it was<br />

most likely very basic and just enough to<br />

get by on.<br />

Comparison of<br />

Stuart’s Survey Data<br />

With Modern Maps<br />

In order to perform a proper examination<br />

of the river as charted by David<br />

1<br />

Ironically the use and acknowledgement of David Thompson’s<br />

surveys and work was non-existent during his lifetime.<br />

2<br />

David Thompson clearly misspells John Stuart’s name.<br />

3<br />

Jules Maurice Quesnel was at Rocky Mountain House in the fall<br />

of 1806, and was likely involved in assisting David Thompson with<br />

his preparation of crossing Howse Pass the following spring; the<br />

success of which would have been passed onto Fraser and Stuart.<br />

ALS News <strong>March</strong> 2008 . 29


turing proper longitudes for the river. <strong>The</strong><br />

skill he demonstrated in judging distances<br />

and taking compass bearings proved<br />

excellent. His records of the river’s course<br />

as depicted by Thompson allow the map<br />

reader the ability to associate large bends<br />

and changes in direction to present day<br />

course and location with relative ease.<br />

Figure 5: Fort George at the confl uence of the Nechako and Fraser Rivers (BC Archives)<br />

Thompson from John Stuart’s notes,<br />

Thompson’s 1814 map would have to be<br />

compared to the course of the river today.<br />

Given the terrain, it is certain that, aside<br />

from minor man-made adjustments, the<br />

river has changed very little in the two<br />

hundred years since Fraser’s descent.<br />

With modern computer-aided mapping<br />

software, a comparison is easily done<br />

by a process called geo-referencing within<br />

a geographic information system. This<br />

process uses real coordinates to correct<br />

digital images, making them positioncorrect<br />

spatially. <strong>The</strong> ability to perform<br />

this task is dependant on whether or not<br />

the digital image one is trying to reference<br />

contains enough known points that can<br />

be compared directly to its equivalent on<br />

the ground.<br />

With respect to David Thompson’s talent<br />

as a cartographer, he provided the best<br />

possible points to draw equivalents from,<br />

and those are the intersections of latitude<br />

and longitude that he placed in the 1814<br />

map. Once a digital image of the 1814<br />

map was geo–referenced onto contemporary<br />

1:2 million data (Figure 13), a visual<br />

record began to appear of John Stuart’s<br />

notes as mapped by David Thompson.<br />

<strong>The</strong> Overall Course of the River<br />

David Thompson’s mapping of the Fraser<br />

River was not accomplished through his<br />

own experiences simply because Thompson<br />

never saw the Fraser River during his<br />

western explorations. Between 1808 and<br />

1814, there were no further excursions<br />

down the great river and therefore the<br />

data could only have come from Stuart’s<br />

notes and journals of the actual journey.<br />

Furthermore, Thompson’s 1814 depiction<br />

of the river’s course is far too accurate to<br />

dismiss this as anything but John Stuart’s<br />

survey.<br />

In terms of a running survey, Stuart<br />

does an exceptional job despite not cap-<br />

River is mapped by<br />

Thompson from<br />

Stuart’s surveys.<br />

<strong>The</strong> Tributaries<br />

Another clear indication that the river<br />

Thompson plotted was based on the notes<br />

of John Stuart is the level of accuracy with<br />

regard to the mapping of the tributaries<br />

on the river and the reference to them by<br />

name. During his descent of the Fraser,<br />

Simon Fraser names two rivers, noting<br />

both in his journals. <strong>The</strong> first was the<br />

Quesnel River 4 and the second was the<br />

Thompson River 5 . Modern examination<br />

of the confluence of these two rivers<br />

reveals that Stuart’s notes are extremely<br />

accurate with respect to actual position on<br />

the ground, and as it relates to the shape<br />

of the river.<br />

In fact, the majority of the tributaries<br />

plotted by Thompson from John Stuart’s<br />

notes are extremely accurate. <strong>The</strong>ir position<br />

in relation to the shape of the Fraser<br />

River makes them easily recognizable<br />

when referencing them on a contemporary<br />

map. Of interest is that Stuart does<br />

not record all of the rivers and creeks be-<br />

Example of course<br />

similarities.<br />

Thompson’s Visual<br />

Record of Stuart’s Notes<br />

Fraser River today.<br />

Figure 6: Thompson’s 1814 map geo-registered displaying river course similarities. (Champlain Society, David Thompson’s<br />

Narrative of his Explorations in Western America, 1784-1812; edited by Tyrrell, Joseph Burr)<br />

4<br />

<strong>The</strong> Quesnel River is named specifically after Jules Maurice Quesnel, the second lieutenant of Simon Fraser’s expedition.<br />

5<br />

It is interesting to note that David Thompson did not label the river named after himself on the 1814 map.<br />

30 . <strong>March</strong> 2008 ALS News


tween Fort George and the Pacific Ocean.<br />

It is likely that, with the river in freshet<br />

and moving very fast during their descent,<br />

only those of significance were noted.<br />

Either the creek or river was large and<br />

noticeable enough to warrant inclusion by<br />

Stuart, or they were places where Fraser’s<br />

party stopped to rest, eat or camp for the<br />

evening 6 . Such stops would certainly allow<br />

for the accuracy demonstrated by John<br />

Stuart.<br />

Latitude and Longitude<br />

Throughout Fraser’s journal, there is no<br />

mention of Stuart taking latitude readings<br />

during the journey until they reach<br />

the Straight of Georgia on July 2/3 of<br />

1808 where Fraser notes in his journal the<br />

latitude of the mouth of the river as being<br />

to far north to be that of the Columbia<br />

River 7 .<br />

Recording a latitude observation was<br />

less complicated than that of a longitude,<br />

and it is therefore not unreasonable to<br />

believe that, at the very least, John Stuart<br />

was taking an observation for latitude at<br />

every camp during their descent, weather<br />

permitting. This would have been important<br />

to David Thompson in charting the<br />

river on the 1814 map as it would help<br />

confirm the course recorded by Stuart on<br />

a day-to-day basis.<br />

As for longitude observations, we know<br />

little of the ones that John Stuart observed<br />

other than the six recorded in Fraser’s<br />

notes. Of these that were recorded, the<br />

closest in accuracy that was achieved was<br />

the second observation recorded by Fraser<br />

taken on June 9, 1808 near Leon Creek<br />

and was approximately 0.9 degrees east,<br />

63 kilometres or 39 miles, from its true<br />

position. <strong>The</strong> other five longitudes were<br />

considerably inferior. This is not surprising<br />

when it is known that Stuart was not<br />

a surveyor by trade. Thompson appears<br />

to have been mindful of this fact, since<br />

he ignores Stuart’s longitude observations<br />

when charting the river on the 1814 map.<br />

<strong>The</strong> Anomalies<br />

Even given Thompson’s skill as a cartographer<br />

and his intimate knowledge<br />

of surveying, there emerge two types of<br />

anomalies in Thompson’s charting of the<br />

river in his 1814 map.<br />

1. Reflected Anomaly<br />

<strong>The</strong> first anomaly that appears in Thompson’s<br />

map is best described as a ‘reflected’<br />

anomaly. This anomaly appears on two<br />

occasions on the 1814 map. This reflected<br />

anomaly is a result of a left-to-right reversal<br />

that creates a likeness in which the<br />

left and right are reversed in a geographic<br />

feature (Figure 7). <strong>The</strong> reflections that<br />

Thompson plots from Stuart’s notes are<br />

uncharacteristic of Thompson’s skill as<br />

a cartographer and are most likely the<br />

result of the manner in which Stuart kept<br />

his running survey and was not something<br />

that David Thompson could have<br />

been aware of. It is not known whether<br />

Thompson actually had an opportunity<br />

to speak with Stuart while he was creating<br />

the map of 1814; given these anomalies, it<br />

is unlikely.<br />

2. Continual Increase In Longitude Error<br />

<strong>The</strong> second anomaly that occurs is the<br />

error in longitude that takes place in the<br />

course of the river after approximately<br />

June 8, 1808. Generally speaking, the longitude<br />

of the river as charted by Thompson<br />

is relatively close given that he relied<br />

solely on the notes of another person not<br />

formally trained as a surveyor. However<br />

the error in the river’s course consistently<br />

moves the river further to the east (Figure<br />

13) from its true position on the ground.<br />

This consistent error remains until the<br />

expedition reaches the mouth of the river<br />

on July 2/3 of 1808.<br />

<strong>The</strong> sudden appearance of this error<br />

and its consistency are strange to say the<br />

least; however Stuart’s running survey as<br />

it relates to the actual shape of the river<br />

<strong>The</strong> two reflection<br />

anomalies present<br />

in the 1814 Map<br />

Figure 7: Thompson’s 1814 map geo-registered displaying refl ected anomalies in the 1814 Map.<br />

(Champlain Society, David Thompson’s Narrative of his Explorations in Western America, 1784-1812; edited by<br />

Tyrrell, Joseph Burr)<br />

appears to remain accurate. <strong>The</strong>re are<br />

four interesting arguments for the error,<br />

including one that is factually viable given<br />

the era of the survey.<br />

<strong>The</strong> first is the lack of longitude readings.<br />

Fraser recorded ‘bad weather’ and<br />

rain between June 16 and June 23, 1808,<br />

which indicates that it was impossible to<br />

take any sextant observation because the<br />

bad weather during this period obscured<br />

the stars that he utilized to perform that<br />

task. But considering Stuart’s inaccuracy<br />

with longitude prior to this period of the<br />

expedition, which did not affect Thompson’s<br />

mapping, it becomes unreasonable to<br />

base the error on this. Furthermore, Fraser<br />

records that the weather was acceptable<br />

from June 8, when the error first appears,<br />

to June 16, 1808.<br />

<strong>The</strong> second argument is that the manner<br />

in which John Stuart kept his running<br />

survey with the compass created the error.<br />

Judging from Thompson’s depiction of<br />

the Fraser River based on Stuart’s notes,<br />

Stuart’s ability to estimate distance and<br />

direction proved extremely accurate early<br />

in the expedition. <strong>The</strong>refore, it is fair to<br />

argue thirdly that the cause was faulty<br />

equipment.<br />

6<br />

It is unfortunate that there is no indication of whether the<br />

tributaries were captured on the descent or ascent of the river.<br />

Such indications would provide excellent clues to where Fraser<br />

camped on the lower portion of his journeys.<br />

7<br />

What is puzzling however is; why didn’t Fraser didn’t mention<br />

latitude readings in his journals? He surely knew that the<br />

farther south they traveled the closer he would be to 46 degrees<br />

latitude and therefore the mouth of the Columbia.<br />

ALS News <strong>March</strong> 2008 . 31


Figure 8: Magnetic Declination in the year 1800 (Robert H. van Gent)<br />

In fact, the first hint of a problem with<br />

the compass appears in Simon Fraser’s<br />

journal when on June 8, 1808 Fraser<br />

writes, ‘I myself with Messrs. Stuart,<br />

Quesnel and Baptiste went down a foot<br />

upon the left shore by a well beaten<br />

path… here Mr. Stuart’s compass being<br />

deranged I lent him mine….’ 8 It is also<br />

from June 8, 1808 onward that the consistent<br />

error begins placing the river farther<br />

and farther to the east as they traveled.<br />

If it is the result of the compass, it could<br />

be that the compass Fraser supplied was<br />

not accurate or that neither compass was<br />

inaccurate and there was another factor at<br />

play.<br />

<strong>The</strong> fourth and strongest argument is<br />

that the extreme variation in declination<br />

that existed in southern British Columbia<br />

in the early 1800s was the true culprit<br />

(Figure 8). To understand declination one<br />

must first realize that there are two north<br />

poles; one which is at the true geographic<br />

north at the top of the world and the<br />

other; a north pole that is represented<br />

by the magnetic pole. <strong>The</strong>refore defined,<br />

declination is the deviation of the compass<br />

from magnetic north and true north. It<br />

is a quantity that has been a nuisance to<br />

navigators and surveyors for centuries.<br />

Because the magnetic pole is constantly<br />

moving from year to year, adjustments<br />

must be made to the compass for the<br />

continual differences in the deviation<br />

from magnetic north and true north.<br />

What further complicates the deviation<br />

is that the magnetic field is not perfectly<br />

32 . <strong>March</strong> 2008 ALS News<br />

symmetrical, therefore<br />

the amount of deviation<br />

is not consistent and it<br />

varies depending where<br />

you are located geographically.<br />

In the early 1800s,<br />

the declination at 49°<br />

latitude was 20° and<br />

at 60° latitude was a<br />

declination of 30°.<br />

More importantly,<br />

the expedition would<br />

pass these variations in<br />

declination much more<br />

frequently. This is unlike<br />

the prairies, where<br />

these men were accustomed<br />

to traveling and<br />

these extreme variations<br />

in declination did not<br />

exist. Having limited<br />

knowledge of such variations in declination,<br />

Fraser and Stuart were perplexed.<br />

This fact was probably not expected,<br />

and most likely would have made for an<br />

interesting conversation between him and<br />

Fraser 9 .<br />

In the final analysis, regardless of the<br />

extent of the declination in south western<br />

British Columbia in 1808, even the<br />

slightest compass inaccuracy due to this<br />

deviation would lead to a consistent error<br />

in the plotting of the running survey; and<br />

without longitude readings to verify an<br />

east/west position, such an error could not<br />

have been discovered by Thompson as he<br />

charted the river.<br />

Thompson’s Written Record<br />

of Stuart’s Notes<br />

Along with the mapping of the river’s<br />

course from Stuart’s notes, Thompson<br />

added a series of related observations beginning<br />

with the point of commencement<br />

of Fraser’s journey at Fort George to the<br />

mouth of the Fraser River; many of which<br />

can be directly correlated to entries made<br />

by Fraser in his two existing journals of<br />

the expedition. Among the many recorded<br />

notes are the following examples:<br />

French Bar Canyon<br />

Simon Fraser description of the river during<br />

his descent was awe-inspiring. Fraser’s<br />

party would reach present-day French Bar<br />

Canyon on June 9, 1808, a portion of<br />

the river he had been warned about from<br />

Figure 9: <strong>The</strong> Fraser River near French Bar Canyon<br />

(Kumsheen Rafting Adventures)<br />

his First Nations’ guides. On that day,<br />

Fraser wrote of the rapids approaching the<br />

canyon: ‘here is an amazing strong rapid<br />

which is the one called La Rapid Couvert<br />

so long talked of…’ 10 This reference to<br />

the La Rapid Couvert matches the date<br />

and location of the French Bar Canyon<br />

and the notation ‘La Rapid Couvert’<br />

on the 1814 map. It is clear that Stuart<br />

recorded the same conclusion understood<br />

by Fraser.<br />

<strong>The</strong> Snake<br />

Figure 10: Western Rattlesnake (Ministry of the<br />

Environment, Government of British Columbia)<br />

Fraser’s last line for his journal entry of<br />

June 21, 1808 was ‘Mr. Stuart in the<br />

course of the day saw a snake as thick as<br />

his wrist’ 11 , but does not identify the species<br />

of the snake. John Stuart had to have<br />

identified it however as a rattlesnake 12 . For<br />

this reason, Thompson noted on the 1814<br />

map the comment ‘Rattle Snake’ at the<br />

location and date of the occurrence.<br />

8<br />

Fraser, Simon. Second Journal of Simon Fraser From May 30th to<br />

June 10th 1808, transcript: Copy from Bancroft Collection, Academy<br />

of Pacific Coast History, British Columbia Archives, p.25.<br />

9<br />

It should be also noted that although it is possible to determine<br />

declination as a surveyor on the ground, this could not be accomplished<br />

by Stuart because the bad weather during this period<br />

obscured the stars that he utilized to make his sextant observations<br />

and determine the points of the compass.<br />

10<br />

Fraser, Simon. Second Journal of Simon Fraser From May 30th<br />

to June 10th 1808, transcript: Copy from Bancroft Collection,<br />

Academy of Pacific Coast History, British Columbia Archives,<br />

p.26.<br />

11<br />

Fraser, Simon. Journal of a Voyage from the Rocky Mountains<br />

to the Pacific Ocean performed in the year 1808, transcript: Copy<br />

from Toronto Public Library, British Columbia Archives, p.30.<br />

12<br />

In British Columbia, a small population of Western Rattlesnakes<br />

exists and is restricted to the dry valleys of the southern interior,<br />

including the stretch of the Fraser Canyon that Fraser and Stuart<br />

were traveling through.


<strong>The</strong> Seals<br />

Figure 11: Harbour Seal in the Fraser River (Ministry<br />

of the Environment, Government of British Columbia)<br />

As Fraser made his way down into the<br />

lower portion of the river on June 30,<br />

1808, he entered a widening of the river<br />

slightly upstream of Sumas Peak. He<br />

wrote that day: ‘Continued our course<br />

with a strong current for nine miles,<br />

where the river expands into a lake – Here<br />

we saw seals…’ 13 Once again a correlation<br />

can be made with this journal entry and<br />

the 1814 map. Thompson, at the matching<br />

location records the words ‘Seals Seen.’<br />

<strong>The</strong>y Came from the Sea<br />

Also included on the map is an intriguing<br />

piece of information that is not directly<br />

related to Fraser’s journals. On the 1814<br />

map is a note that says ‘To this Place the<br />

white men have come from the Sea.’<br />

Conclusion<br />

David Thompson’s<br />

ability to translate<br />

Stuart’s notes and<br />

surveys to a recognizable<br />

cartographic<br />

product is to be<br />

commended. <strong>The</strong><br />

map of 1814 that<br />

Thompson created<br />

is not just a visual<br />

record of his own<br />

exploration and<br />

travels but of others<br />

as well. Within the<br />

map, Thompson<br />

denotes the great<br />

river that Simon<br />

Fraser descended as<br />

‘Fraser’s River’ and<br />

more importantly<br />

clearly indicates in<br />

the legend that the<br />

river was plotted<br />

based on the notes<br />

and surveys of John<br />

Stuart; notes that<br />

were said to have<br />

been lost forever.<br />

To say that<br />

<strong>The</strong> Fraser River Today<br />

<strong>The</strong> confluence<br />

of the Fraser and<br />

Thompson Rivers<br />

Stuart’s notes have been lost forever is not<br />

entirely true. As demonstrated, Thompson’s<br />

extraordinary map-making over<br />

time, has become an informal archive for<br />

the explorations of others whose notes<br />

and surveys have long since vanished.<br />

Through Thompson’s map we have a<br />

further insight into the complexities of<br />

Fraser River is mapped by<br />

David Thompson from<br />

John Stuart’s Survey<br />

Figure 13: Thompson’s 1814 Map has been geo-registered in order to display the difference<br />

between the survey and the Fraser River today. (Champlain Society, David<br />

Thompson’s Narrative of his Explorations in Western America, 1784-1812; edited by<br />

Tyrrell, Joseph Burr)<br />

Fraser’s explorations of British Columbia<br />

and more specifically the intricacies in the<br />

1808 descent of the Fraser River; Intricacies<br />

that had not yet been realized. It is<br />

clear that along with David Thompson’s<br />

many remarkable accomplishments we<br />

can add yet another, the ‘Keeper of Lost<br />

Records.’<br />

•<br />

Figure 12: Thompson’s recording of ‘To this Place<br />

the white men have come from the Sea.’ (Champlain<br />

Society, David Thompson’s Narrative of his Explorations<br />

in Western America, 1784-1812; edited by Tyrrell,<br />

Joseph Burr)<br />

13<br />

Fraser, Simon. Journal of a Voyage from the Rocky Mountains to the Pacific Ocean performed in the year 1808, transcript: Copy from Toronto<br />

Public Library, British Columbia Archives, p.38<br />

14<br />

With respect to the location of the notation, there appears to be evidence that prior to 1808, Europeans made an expedition 170 kilometres<br />

(105 miles) up the River from the sea. This would not be the first time such a journey was under taken. In 1792, Captain George Vancouver<br />

sent his lieutenant up the Columbia River for 100 miles and as a result, the first accurate survey of the lower portion of the Columbia River was<br />

conducted. <strong>The</strong> answer to this mystery of who were the ‘white people’ lies in another paper.<br />

Fraser in his journals, at numerous<br />

times during the descent of the lower portion<br />

of the river, mentions the appearance<br />

of European trade articles. He also relates<br />

specific occurrences in which First Nations’<br />

peoples inform him of ‘white people’<br />

visiting the coast of British Columbia.<br />

At no time however is the phrase ‘To this<br />

Place the white men have come from the<br />

Sea’ relayed to Fraser in his journals. This<br />

phrase could have only come from Stuart’s<br />

notes; passed on to him by First Nations’<br />

peoples 14 .<br />

Sources<br />

Fraser, Simon. Letters and Journals 1806-1808, Lamb, W. Kaye (Ed). MacMillan of<br />

Canada, Toronto, Reprint 1966.<br />

Fraser, Simon. Journal of a Voyage from the Rocky Mountains to the Pacific Ocean in<br />

the Year 1808, transcript: Margaret Hall, Toronto Public Library, 1913.<br />

Fraser, Simon. Second Journal of Simon Fraser - From May 30th to June 10th 1808,<br />

transcript: Copy from Bancroft Collection, Academy of Pacific Coast History, British<br />

Columbia Archives.<br />

Map of North America from 84° West, Public Record Office, Kew, England.<br />

Map of the North West Territory, Archives of Ontario.<br />

Geomatics Canada, Department of Natural Resources, Ottawa.<br />

Ministry of the Environment, Government of British Columbia.<br />

ALS News <strong>March</strong> 2008 . 33


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Mandatory<br />

Continuing<br />

Education<br />

Mandatory Continuing Education<br />

(MCE) discussion<br />

goes back as long as professional<br />

organizations started<br />

to evolve and will be one of the hot topics<br />

to be discussed among professionals.<br />

Like any other professional matter<br />

there always will be pros and cons. Each<br />

and every professional looks at the issue<br />

from his/her point of view. That point<br />

of view might change dramatically from<br />

those who work for big companies versus<br />

those who work for small companies;<br />

those who work for themselves versus<br />

those who work for somebody else; and<br />

those who work in rural areas versus those<br />

who work in the urban areas.<br />

Mandatory continuing education is a<br />

very complex topic. <strong>The</strong> purpose of this<br />

article is by no means to take a position<br />

for or against such a complex matter.<br />

Instead, it is to make the membership of<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association aware<br />

that the discussion of this topic is by no<br />

means dead, but alive and well regardless<br />

if we choose to take part in it or not.<br />

Presently, around 40 states in the United<br />

States require continuing professional<br />

development as a requirement for professional<br />

engineers to renew their licenses. In<br />

Canada, the trend looks to be going that<br />

way as well. Presently, the Saskatchewan<br />

<strong>Land</strong> <strong>Surveyors</strong>’ Association and the Association<br />

of New Brunswick <strong>Land</strong> <strong>Surveyors</strong><br />

mandate continuing education.<br />

<strong>The</strong> rationale behind mandatory<br />

continuing education for professional land<br />

surveyors is as follows:<br />

public interest above all other consideration;<br />

professional development<br />

competent and ethical practice of land<br />

surveyors;<br />

creative scientific applications;<br />

continuous learning for professional<br />

growth;<br />

acquisition of new skill and knowledge<br />

required to maintain professional<br />

competence;<br />

to raise the ethical standards within the<br />

professional community, and so on.<br />

All of the points in the above rationale<br />

are valid and should not be points of<br />

contention. <strong>The</strong> discussion point is how<br />

we should get there? Can we accomplish<br />

the same goal without making it mandatory?<br />

How may it fit in our professional<br />

practice? Are there other tools that fill the<br />

shortcoming, if there are any? Again, is it<br />

practical in our current economic environment?<br />

My point of view is that the question<br />

should be put in front of the membership<br />

to brainstorm. A suggestion should<br />

be made at the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’<br />

Annual General Meeting to set up an ad<br />

hoc committee to come up with a report<br />

by analyzing other professional mandatory<br />

education practices and its practicality in<br />

our economy, geographic distances and<br />

compatibility with our regulations.<br />

Since mandatory continuing education<br />

“means participation in activities, beyond<br />

the basic educational requirements,” as<br />

a member of Professional Development<br />

Committee (PDC) of the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong>’ Association, I suggest the matter<br />

should be brought before the members<br />

of our Association to discuss the pros and<br />

cons. Taking a proactive approach to this<br />

topic could be instrumental in avoiding<br />

the surprises that will come later on when<br />

it will be brought in front of us by others.<br />

Metin Timocin, ALS<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Mike Fretwell, Pat Moloney and Ross Woolgar recently completed a Train-the-Trainer course<br />

put on by the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>’ Association and presented by Darcey-Lynn Marc. Seven <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong><br />

took part in the Train-the-Trainer session last November which will help them present upcoming Getting It Right and<br />

other seminars.<br />

ALS News <strong>March</strong> 2008 . 35


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public relations<br />

We recently had a field safety broadcast the<br />

other day which had a little statement regarding respect.<br />

This message made me think about the whole<br />

concept of respect. I thought about everything<br />

and everyone that I respected and how it<br />

had been earned. I then thought about ways that the<br />

Association can earn its respect for the land surveying<br />

profession through us as its members. Associations earn<br />

my respect when I can understand what they are and<br />

what their objectives are. Other people earn my respect<br />

when I watch that they are respectful and morally<br />

considerate to one another and my leaders earn my<br />

respect on how they lead by example.<br />

In our land surveying field, I have<br />

noticed that one of the recurring issues<br />

concerns respect and landowners.<br />

Most recently, I have come across angry<br />

landowners whose anger can erupt over<br />

anything, whether it is because we are on<br />

their land doing a residence tie, or because<br />

they are unhappy with the whole oil and<br />

gas industry. In all these instances, I have<br />

noticed that, in most of the cases, anger<br />

was caused as a result of misunderstanding.<br />

<strong>The</strong> problem is that not everyone<br />

understands the concept of land surveying<br />

or what land surveyors really do. Of<br />

course now, if I saw a surveyor looking for<br />

evidence in my backyard, I would know<br />

exactly what they were doing and have<br />

no problem with it. I believe I would be<br />

quite friendly to them since I would be<br />

able to relate and I would understand<br />

what they are doing. However, if I didn’t<br />

have this understanding and I noticed<br />

someone randomly digging holes in my<br />

land, I think I would be furious. <strong>The</strong> key<br />

is to calm down the aggression and try to<br />

explain the facts of who we are and what<br />

we do. Most of the time, once the landowner<br />

learns about our intentions, the<br />

anger fizzles away. To prevent that initial<br />

anger, we could earn their respect initially<br />

by bringing awareness to the public. Our<br />

code of ethics outlines our moral obligation<br />

to serve and to protect the public. By<br />

<strong>The</strong> bottom line is that respect should be something<br />

earned and not demanded.<br />

initially contacting the landowners and<br />

letting them be aware that we will be in<br />

the area, some of the misunderstanding<br />

can be prevented. <strong>The</strong> Commitment to<br />

Property Damage Mitigation prepared by<br />

the Association lists courtesy guidelines to<br />

instruct the field crews and could be used<br />

as a type of oath that a party chief takes<br />

before working out in the field.<br />

With all that we have going on in<br />

our daily lives with deadlines and issues<br />

outside of work to deal with, it is hard to<br />

always be cordial. I struggle sometimes to<br />

keep my smile sincere with my crew mates<br />

after I have spent so many long hours<br />

with them. I have, however, discovered<br />

that taking our job seriously and enjoying<br />

it by being civil to one another is indeed<br />

contagious. <strong>The</strong> way we react with other<br />

people reflects upon our identity. I know<br />

that when I see someone treating another<br />

person badly, I cannot help but feel intimidated<br />

by this person, regardless of how<br />

kind he or she is treating me. Wouldn’t it<br />

be great if we as surveyors spread joy to<br />

the public by showing the dignity of our<br />

profession?<br />

As an articling student, I know that<br />

I try to absorb as much as possible from<br />

my principal and the more experienced<br />

land surveyors. I really appreciate the fact<br />

that those above me lead by example. Our<br />

code of ethics reminds us of our moral<br />

obligation to serve and protect the public.<br />

I particularly enjoy listening to stories<br />

from the field from other landowners and<br />

about their massive searches for evidence<br />

or even about how things out in the field<br />

were different when they did not have the<br />

technology that I get to work with today.<br />

It makes me think that I should never<br />

have a reason to complain with all that we<br />

have to help us in the field nowadays. We<br />

should think about what we are doing and<br />

ask ourselves if we would be proud to talk<br />

about what we are doing to lead someone<br />

else to do. When I see other land surveyors<br />

follow the code of ethics, it makes me<br />

feel proud to follow in their footsteps with<br />

the hope to one day pass it along.<br />

<strong>The</strong> bottom line is that respect should<br />

be something earned and not demanded.<br />

Our Association must continue to earn<br />

its respect by creating awareness about<br />

what we do and simply passing along<br />

those smiles to serve the public and our<br />

colleagues.<br />

Jennifer Setiawan<br />

ALS News <strong>March</strong> 2008 . 37


<strong>Land</strong> Survey System<br />

Featured at the History Centre<br />

Edmonton Public Schools, through the “History Centre,” has a unique approach in exposing<br />

students to Western Canadian history. <strong>The</strong> program gives students an opportunity to learn<br />

through hands-on experience. <strong>The</strong> History Centre is a partnership between the Edmonton Public<br />

School Board and the Edmonton and District Historical Society. It is the only such partnership<br />

in Canada.<br />

At the invitation of Lisa Maltby, President of the Historical Society, I was able<br />

to observe a class in session. <strong>The</strong> class was divided up into small groups which<br />

rotated through the various activities. <strong>The</strong> students sat in a trading post and<br />

learned about early life in Rupert’s <strong>Land</strong>, fur traders and the Hudson Bay<br />

Company. <strong>The</strong>y gathered in a settling of tepees and learned about the treaties<br />

with the First Nations. And they learned about homesteading which included<br />

an activity of laying out sections in a township using a miniature chain.<br />

Students laying out sections in a township. After<br />

they have laid out the township, they get to select a<br />

homestead for a quarter section for which they are<br />

given a certificate of title.<br />

No—it is not a secret code that<br />

is stamped on the iron survey<br />

post. Doug Davis explains that<br />

roman numerals describe the<br />

section, township and range for<br />

the land location marked by<br />

the post.<br />

Learning about fur traders and <strong>The</strong> Hudson’s Bay Company.<br />

A second session explores the arrival of the<br />

North West Mounted Police, the coming of<br />

the railway and the continuation of the settlement<br />

of the West. What I found most impressive<br />

is the ability of the staff and volunteers to<br />

show how all these activities formed integral<br />

parts of the opening of the West.<br />

<strong>The</strong> History Centre, offers sessions on the<br />

history of Canada’s West for grade 4, 5 and 7<br />

students. It also offers sessions for teachers of<br />

social studies of grades 4 to 8. It is located on<br />

the third floor of Queen Alexandra School,<br />

7730 106 Street, Edmonton (website www.<br />

historycentre.ca).<br />

Gordon E. Olsson, ALS<br />

A First Nations Camp.<br />

38 . <strong>March</strong> 2008 ALS News


safety sense<br />

Drug & Alcohol Testing In the Workplace<br />

General Information For Employers<br />

A<br />

growing area of concern<br />

for employers is<br />

the ability to test and<br />

discipline employees who are<br />

abusing drugs and alcohol.<br />

Unlike our neighbors to the south, this is<br />

a relatively new area of law for Canada.<br />

Many cases have been dealt with through<br />

our legal system but the fine line of what<br />

is acceptable and what is not is still very<br />

much under development. Various aspects<br />

of law must be taken into account such<br />

as Human Rights, Privacy Laws and<br />

Occupational Health and Safety Legislation.<br />

Presently the law is trying to find a<br />

balance between the employee’s rights and<br />

the employer’s right to run a productive<br />

and safe work environment. <strong>The</strong>re are very<br />

few absolutes regarding right and wrong<br />

when dealing with drugs and alcohol in<br />

the workplace. However, the following<br />

general information may help employers<br />

understand some of the issues that we are<br />

currently facing.<br />

<strong>The</strong> Tests<br />

<strong>The</strong>re are tests available for alcohol that<br />

can deliver an accurate reading on the<br />

level of current impairment. <strong>The</strong> use of<br />

these types of tests can provide employers<br />

with definitive information on whether<br />

an employee is fit to perform the tasks<br />

required for their job. Specific limits have<br />

been legally accepted to determine when<br />

someone has had too much to drink.<br />

<strong>The</strong> tests for drugs are not as advanced.<br />

<strong>The</strong> current tests, usually blood or urine,<br />

can tell employers how much of a particular<br />

drug is in the individual’s system. This<br />

does not determine current impairment<br />

levels. <strong>The</strong>re are numerous other factors<br />

such as metabolism, frequency of use, the<br />

method used to introduce the drug into<br />

the body, that all factor into impairment<br />

in different ways for different individuals.<br />

Decisions<br />

to Date<br />

<strong>The</strong>re are many cases<br />

that have set precedents<br />

on drug and alcohol testing.<br />

As more and more<br />

are challenged through<br />

the court system the<br />

level of what is acceptable<br />

is being molded.<br />

<strong>The</strong> following are some<br />

general principles that<br />

seem to be recurring in<br />

many decisions.<br />

<br />

or alcohol, whether<br />

perceived or real, is a<br />

‘disability’ protected<br />

under Human Rights<br />

Law.<br />

<br />

duty to accommodate<br />

disabled employees<br />

(both actual and perceived) up to the<br />

point of undue hardship.<br />

<br />

program that includes employee and<br />

family assistance programs, education,<br />

monitoring, and so on.<br />

<br />

there must be a connection to the duties<br />

of the job. (i.e. safety sensitive)<br />

<br />

must be a ‘bona fide occupational<br />

requirement.’<br />

In 1999 the Supreme Court of Canada<br />

set out a three part test that employers<br />

must meet to justify testing as a ‘bona fide<br />

occupational requirement.’<br />

<strong>The</strong> Meiorin Test<br />

<br />

policy for purposes that are rationally<br />

connected to the task(s) that must be<br />

carried out to perform a job.<br />

<br />

policy with an honest and good faith<br />

belief that it is necessary to fulfill work<br />

related purposes.<br />

sary<br />

to accomplish the required workrelated<br />

purposes.<br />

General Information on<br />

Different Types of Testing<br />

<strong>The</strong>re are a number of different types<br />

of testing that may be included in a<br />

company policy on drugs and alcohol.<br />

Regardless of the type that is used, the<br />

employer is responsible for carrying out<br />

the testing in a reasonable manner. Some<br />

general rules to keep in mind include:<br />

<br />

well in advance;<br />

<br />

and their protocols observed;<br />

<br />

followed by a second test to confirm the<br />

result;<br />

ployee<br />

of the test result;<br />

ALS News <strong>March</strong> 2008 . 39


mediate<br />

termination; and<br />

ferred<br />

to a substance abuse professional<br />

for assessment and treatment.<br />

Pre-Employment Testing<br />

This is testing that may take place prior<br />

to receiving an offer of employment,<br />

upon receiving a conditional offer of<br />

employment, to progress from a probationary<br />

placement to a permanent one<br />

or a non-safety sensitive position into a<br />

safety-sensitive one. Some general rules to<br />

consider include:<br />

ing<br />

may be allowed for safety-sensitive<br />

positions only. <strong>The</strong> factors surrounding<br />

the circumstances will still be considered<br />

by the courts.<br />

<br />

employees and applicants that test<br />

positive. Companies are not permitted<br />

to withdraw an offer of employment<br />

simply because of a positive test.<br />

<br />

perspective employees as much information<br />

as possible as far in advance as<br />

possible in regards to testing. Companies<br />

may wish to consider posting<br />

their Drug and Alcohol Policy on their<br />

website as well as the ‘wash out’ rates<br />

for the drugs that they screen for.<br />

<br />

may be made if employees are required<br />

to cross the US border and comply with<br />

American federal legislation.<br />

Pre-Access Testing<br />

This is testing where a large employer<br />

may require a clean drug and/or alcohol<br />

test before allowing people to enter the<br />

site. It is usually extended to contractors<br />

and sub-contractors. It is not defined as a<br />

pre-employment test as it also applies to<br />

existing employees.<br />

Some general rules to consider for testing<br />

existing employees include:<br />

<br />

sensitive position.<br />

<br />

that their testing policy has a safety purpose<br />

and shows tangible safety results.<br />

<br />

notice of testing and information about<br />

specific drug ‘wash out’ rates.<br />

pervised<br />

may be candidates.<br />

As a company you should be prepared for<br />

how you will handle the situation when<br />

it occurs and ensure that it is followed<br />

consistently and fairly.<br />

Reasonable Suspicion Testing<br />

This is testing that that is due to issues<br />

such as a reasonable suspicion that an<br />

employee is under the influence of drugs<br />

or alcohol while at work, post accident<br />

situations where there is a reasonable belief<br />

that the employee may be at fault and<br />

near miss situations that are likely to have<br />

been much worse had the situation been<br />

just slightly different.<br />

Some general rules when applying this<br />

type of testing:<br />

<br />

or unfit to perform his/her duties or<br />

there are specific extenuating factors<br />

that create a reasonable suspicion that<br />

the employee is impaired. Training for<br />

supervisors and managers on how to<br />

identify impairment and other factors is<br />

strongly recommended.<br />

<br />

employee was impaired at the time of<br />

an incident or near miss the employer<br />

must ensure a fair and consistent approach<br />

is taken before testing occurs.<br />

<strong>The</strong> incident or near miss by themselves<br />

does not necessarily constitute cause.<br />

An investigation should be conducted,<br />

even if only a preliminary one and the<br />

employee under suspicion should be<br />

interviewed and allowed to explain the<br />

situation from his/ her point of view.<br />

Random Testing<br />

This is testing that is for the most part unannounced<br />

to employees. It may include<br />

a few employees, in response to a specific<br />

concern or be done as blanket testing of a<br />

group of employees.<br />

Some general rules when applying this<br />

type of testing:<br />

<br />

employees who hold safety sensitive<br />

positions.<br />

<br />

sensitive positions is still likely not<br />

allowed in the absence of evidence of a<br />

serious abuse problem at work.<br />

<br />

staff that are returning from a rehabilitation<br />

program. If so, this should be<br />

clearly defined in writing in a return to<br />

work agreement that is signed by the<br />

employer, employee and the union if<br />

applicable.<br />

ing<br />

a computer program to randomly<br />

choose individuals for testing to ensure<br />

the process is unbiased.<br />

Policies should be<br />

developed with<br />

careful thought to<br />

repercussions and<br />

employer obligations.<br />

Obviously the issues facing employers<br />

in regards to drug and alcohol testing are<br />

more complex than the general points<br />

outlined here. <strong>The</strong> laws surrounding this<br />

topic in <strong>Alberta</strong> and in Canada are still<br />

very much under development and will<br />

continue to be formed by legal cases well<br />

into the future. If you are considering<br />

the implementation of such a policy, or<br />

even if you have a general one in place<br />

now, it is important to contact a lawyer<br />

for a professional opinion. As a company,<br />

you should be prepared for how you will<br />

handle the situation when it occurs and<br />

ensure that it is followed consistently<br />

and fairly. Policies should be developed<br />

with careful thought to repercussions<br />

and employer obligations. <strong>The</strong>y should<br />

also be flexible enough to deal with<br />

each unique situation based on its own<br />

merits. Although there are some notable<br />

issues to overcome when developing and<br />

implementing a testing policy employers<br />

continue to push forward in a desire to<br />

create an effective and safe work environment<br />

for their staff.<br />

Carrie Desjarlais<br />

Past Chair, Safety Committee<br />

40 . <strong>March</strong> 2008 ALS News


Findings and Order of the<br />

Discipline Committee<br />

Dated December 13, 2007<br />

In the matter of the <strong>Land</strong> <strong>Surveyors</strong> Act (RSA 2000, Chapter L-3) and in the matter of a<br />

hearing of the Discipline committee of the <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Association concerning the<br />

conduct of and <strong>Alberta</strong> <strong>Land</strong> Surveyor held in Edmonton on December 13, 2007. <strong>The</strong> Discipline<br />

Committee hereby makes the following findings and order in respect of a complaint by an<br />

<strong>Alberta</strong> <strong>Land</strong> Surveyor dated May 4, 2007.<br />

Allegation<br />

That subsequent to the registration of<br />

Subdivision Plan, [practitioner] or persons<br />

authorized by [practitioner]moved certain<br />

survey monuments that were placed and<br />

intended to govern the boundaries as<br />

registered by the above plan without fully<br />

considering the requirements of Section<br />

45(4) of the Surveys Act and Section 91<br />

of the <strong>Land</strong> Titles Act.<br />

Findings of Fact<br />

1) [Practitioner] was registered as an<br />

<strong>Alberta</strong> <strong>Land</strong> Surveyor. At all times<br />

referred to in these findings he<br />

was registered as an <strong>Alberta</strong> <strong>Land</strong><br />

Surveyor in good standing with the<br />

<strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong> Association.<br />

2) [Practitioner] is registered in good<br />

standings with the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong>’ Association and has a valid<br />

permit to practice.<br />

3) [Practitioner] commenced a subdivision<br />

on Lot 6, Block 20, Plan 962<br />

0709 in early 2006.<br />

4) <strong>The</strong> onsite survey for the subdivision<br />

was completed on or about May 4,<br />

2006.<br />

5) <strong>The</strong> subdivision received numerous<br />

revisions between the completion of<br />

the initial survey and June 1, 2006.<br />

6) <strong>The</strong> subdivision plan was registered<br />

on September 11, 2006. Registered<br />

concurrently was a right-of-way plan.<br />

<strong>The</strong> subdivision plan was not registered<br />

under Section 47 of the Surveys<br />

Act which allows for delayed posting.<br />

7) Subsequent to the initial survey<br />

carried out before the numerous revisions,<br />

no field notes were recorded<br />

showing the shifting of the survey<br />

monuments to reflect the final lot<br />

orientation as registered.<br />

8) [Complainant] on April 2 and 3,<br />

2007 attended the site and attempted<br />

to perform construction surveys to<br />

facilitate the construction of two new<br />

homes. He discovered that the survey<br />

monuments defining the easterly<br />

limit of the properties he was surveying<br />

appeared to disagree with the<br />

registered survey plan by one metre<br />

(1.0).<br />

9) [Complainant] notified his client of<br />

the potential problem but at no time<br />

did he inform [practitioner] of the<br />

problem.<br />

10) [Complainant’s] client contacted<br />

[practitioner] and informed him of<br />

the problem.<br />

11) [Practitioner] dispatched a field crew<br />

on April 5, 2007 and, according to<br />

the field notes recorded by the crew,<br />

they pulled 7 (seven) monuments<br />

which had not been placed according<br />

to the dimensions on the plan<br />

and in turn they placed 7 (seven)<br />

monuments at the correct position as<br />

shown on the plan.<br />

12) A complaint by was sent to the <strong>Alberta</strong><br />

<strong>Land</strong> <strong>Surveyors</strong>’ Association on<br />

May 4, 2007.<br />

13) <strong>The</strong> complaint was referred to the<br />

Chairman of the Discipline Committee<br />

for an investigation on May 10,<br />

2007 who in turn on June 4, 2007<br />

referred the complaint to the Vice<br />

Chairman of the committee due to a<br />

conflict.<br />

14) <strong>The</strong> Vice Chairman of the Discipline<br />

Committee referred the matter to<br />

the Discipline Committee for the carrying<br />

out of a hearing on October 9,<br />

2007 after carrying out his investigation.<br />

15) [Practitioner] is of the opinion that<br />

since the plan showing the monudiscipline<br />

ments in the position that they were<br />

in was never registered, the monuments<br />

could be moved to where the<br />

plan that was registered intended<br />

them to be.<br />

16) [Practitioner] throughout this whole<br />

process was extremely cooperative<br />

and responsive.<br />

17) [Practitioner] upon moving the<br />

survey monuments informed the land<br />

owners and the municipality of the<br />

changes he had made to the monuments<br />

and all involved were okay<br />

with the changes.<br />

18) Due to the ongoing complaint,<br />

[Practitioner] continued to record the<br />

changes he had made to the monuments.<br />

On November 17, 2007,<br />

corrections on the original plans were<br />

registered at <strong>Land</strong> Titles. <strong>The</strong> Director<br />

of Surveys in a letter of November<br />

30, 2007 feels that the goal of giving<br />

the new monuments governing status<br />

has not been met.<br />

Findings of the Hearing<br />

1) <strong>The</strong> Discipline Committee finds that<br />

[Practitioner] is guilty of unskilled practice<br />

for moving survey monuments which<br />

had been place in the ground to govern<br />

the position of boundaries as registered on<br />

his plan of survey.<br />

Reasons<br />

1) [Practitioner] admits that he and his<br />

staff moved the survey monuments<br />

defining the boundaries. <strong>The</strong> Committee<br />

believes this solution to the<br />

problem is not allowed under existing<br />

legislation.<br />

2) Only after the complaint had been<br />

filed did [Practitioner] seek some<br />

advice as to the method to resolve<br />

this problem.<br />

3) [Practitioner] in the route that he<br />

is proceeding to record the changes<br />

that he has made to the position of<br />

the survey monuments has failed to<br />

record anywhere the removal of the<br />

original monuments that were placed<br />

at the time of plan registration.<br />

In consideration of these findings, the<br />

Discipline Committee hereby orders that<br />

ALS News <strong>March</strong> 2008 . 41


1) [Practitioner] to pay 50% of the costs<br />

of this hearing up to a maximum of<br />

$4,000.00. <strong>The</strong> full amount to be<br />

paid by <strong>March</strong> 31, 2008.<br />

2) That this order be published in ALS<br />

News anonymously so that other<br />

members can be informed of the<br />

seriousness of moving survey monuments<br />

without taking the necessary<br />

steps to record those changes on the<br />

registered plans.<br />

<strong>The</strong> Committee further recommends<br />

that [Practitioner] and his legal council<br />

continue to review the actions attempting<br />

to give official status to these monuments<br />

as placed. Maybe they reconsider<br />

the Judge’s Order confirming the actions<br />

taken. Possibly there is another route such<br />

as performing a different plan correction<br />

on the original plan of survey or registering<br />

another subdivision plan.<br />

Lawrence M. Pals, ALS<br />

Vice Chairman, Discipline Committee<br />

For President.......................<br />

R.O. (Ron) Hall—Calgary<br />

Cast Your Ballot on<br />

Election Day<br />

9:00 a.m.<br />

April 26, 2008<br />

Fairmont Chateau Lake Louise<br />

For Vice-President........................<br />

D.R. (Don) George—Edmonton<br />

T.W. (Terry) Hudema—Calgary<br />

For Council............................................................................................<br />

J. (John) Haggerty—Grande Prairie J.J. (John) Matthyssen—Calgary<br />

J. I. (Jim)Maidment—Calgary C.R. (Connie) Petersen—Medicine Hat<br />

Additional nominations may be made by two <strong>Alberta</strong> <strong>Land</strong> <strong>Surveyors</strong>, with the consent of the<br />

nominees in each case, up to and including at the Annual General Meeting being held between<br />

the dates of April 26th to 28th, 2007 at the Fairmont Chateau Lake Louise.<br />

Cypress Stake & Lath<br />

1/2 Page - Repeat<br />

42 . <strong>March</strong> 2008 ALS News


alberta sustainable resource development<br />

<strong>The</strong> Surveys and Technical Services<br />

Section of <strong>Alberta</strong> Sustainable Resource<br />

Development is working to improve<br />

and update its services to you and all<br />

<strong>Alberta</strong>ns.<br />

Director Of Surveys Approves and<br />

Confirms Official Surveys<br />

Since January 1, 2007, the Director of Surveys, Mike Michaud,<br />

has approved and confirmed four official plans in accordance with<br />

Section 33 of the Surveys Act. <strong>The</strong> first plan is registered at the<br />

<strong>Land</strong> Titles Office as Plan Number 072-5374 and is an addition<br />

to the Chipewyan Indian Reserve No. 201A. <strong>The</strong> second plan<br />

is registered at the <strong>Land</strong> Titles Office as Plan Number 072-5376<br />

and is an addition to Chipewyan Indian Reserve No. 201E. <strong>The</strong><br />

remaining two plans are second edition partial township subdivisions<br />

for 96-09-4 and 96-10-4 in the Fort MacKay area. Official<br />

survey plans are available from the Service <strong>Alberta</strong> <strong>Land</strong> Titles<br />

online Spatial Information System (SPIN 2) website at www.spin.<br />

gov.ab.ca.<br />

Townships 95 To 98, Range 4,<br />

West 4th Meridian Policy<br />

On October 10, 2007 the Director of Surveys Office prepared a<br />

policy document for the theoretical projection of Townships 95<br />

to 98, Range 4, West of the 4th Meridian. This document aims<br />

to assist Surveys and Technical Services Section staff and <strong>Alberta</strong><br />

<strong>Land</strong> <strong>Surveyors</strong> in dealing with the theoretical projection of<br />

the townships in a uniform consistent manner. <strong>The</strong> intent is to<br />

incorporate the concepts from the Supplement to the Manual of<br />

Instruction for the Survey of Canada <strong>Land</strong>s (Blue Book) as much<br />

as possible while dealing with the unique problems concerning<br />

these townships. Field observations confirm the distance between<br />

township corners along the baseline is approximately 490.8<br />

chains and not 486 chains as shown on the township plans.<br />

New Director Of Surveys Web Address<br />

In May of 2007, the Department of Sustainable Resource Development<br />

rolled out its new look and feel website. <strong>The</strong> new address<br />

for the Director of Surveys Office is http://www.srd.alberta.ca/<br />

lands/directorsurveys/default.aspx. By scrolling down the tabs on<br />

the left hand side, users can access a multitude of useful information<br />

related to <strong>Land</strong> Surveys and Geodetic Control in <strong>Alberta</strong>.<br />

Altitudes In <strong>Alberta</strong> Publications Available<br />

In November of 2007, the Director of Surveys Office made<br />

the two publications Altitudes in <strong>Alberta</strong> South of 15th Baseline<br />

and Altitudes in <strong>Alberta</strong> North of 15th Baseline available on the<br />

Director of Surveys website. <strong>The</strong>se two books provide elevation<br />

information (in feet above sea level) of topographical features in<br />

the southern and northern portions of <strong>Alberta</strong> as published by the<br />

Department of Mines and Natural Resources, Canada in 1947.<br />

See the website for further information.<br />

Derek Loowell Joins <strong>The</strong> Director Of Surveys Office<br />

On January 14, 2008, Mr. Derek Loowell joined the section as<br />

a senior technologist. Derek has worked in the survey profession<br />

for several years and his private sector experience will be an asset.<br />

Welcome Derek!<br />

Mike Michaud, ALS — Director of Surveys<br />

Jardine Lloyd Thompson<br />

1/2 page Repeat<br />

ALS News <strong>March</strong> 2008 . 43


Executive Summary<br />

Despite comprising a significant<br />

part of the service economy in<br />

Canada, perhaps as much as one<br />

fifth, the professions comprise one of the<br />

overall economy’s least productive sectors.<br />

According to the Conference Board of<br />

Canada, professional services rate in the<br />

bottom quintile for productivity per hours<br />

worked. In addition, labour productivity<br />

in the professions in Canada is approximately<br />

half that of the professions in the<br />

United States. At the same time, the<br />

professions are one of the most regulated<br />

sectors of the Canadian economy, and the<br />

regulation in place in the professions is<br />

more restrictive in Canada than in many<br />

member nations of the Organization for<br />

Economic Co-operation and Development<br />

.<br />

Given a considerable body of evidence<br />

that shows that reducing regulation improves<br />

competition and, as a result, productivity,<br />

it is reasonable to ask whether<br />

and how professional services could be less<br />

regulated in Canada. <strong>The</strong> Competition<br />

Bureau is ideally placed to answer this<br />

question, since one of its primary responsibilities<br />

is advocating for competition in<br />

Canada. On several occasions, the Bureau<br />

has advised Canadian regulatory bodies<br />

on how to improve their approach to<br />

regulation to realize the benefits of competition.<br />

<strong>The</strong> Bureau also has considerable<br />

experience investigating anti-competitive<br />

behaviour in the professional services sector.<br />

<strong>The</strong> five groups of professionals—<br />

accountants, lawyers, optometrists,<br />

pharmacists and real estate agents—the<br />

Bureau chose for this study of the selfregulated<br />

professions in Canada are vital<br />

to the Canadian economy and are of<br />

great importance to Canadians in their<br />

daily lives. Access to advanced, innovative<br />

and competitive professional services is<br />

essential for individual Canadians as well<br />

as businesses. <strong>The</strong>se professions affect the<br />

cost of many other services as well as most<br />

goods, including the most basic consumer<br />

goods.<br />

<strong>The</strong>se professions are also self-regulated,<br />

meaning that they have been given some<br />

powers that normally only governments<br />

hold. <strong>The</strong> organizations given self-regulating<br />

powers may therefore put in place<br />

restrictions that have the force of law. At<br />

the same time, these organizations have<br />

Self-regulated<br />

Professions<br />

balancing<br />

competition<br />

and<br />

regulation<br />

Competition Bureau of Canada<br />

<strong>The</strong> Bureau does, however, advocate that to<br />

be effective, regulatory decisions must be fully<br />

informed, keeping in mind the many direct and<br />

indirect impacts they may have on consumers<br />

through reduced competition.<br />

potentially conflicting concerns and interests—their<br />

own and those of the public.<br />

This is all the more reason to ensure that<br />

competition, from which both professionals<br />

and consumers benefit, is protected.<br />

<strong>The</strong> Bureau selected these particular<br />

groups of professionals based on their<br />

volume of commerce as well as on the volume<br />

of complaints about anti-competitive<br />

behaviour in these professions it received,<br />

both from the public and from within the<br />

professions themselves, which gave it good<br />

reason to believe that existing regulation<br />

might be restricting competition excessively.<br />

However, the Bureau’s findings are<br />

transferable to other professions, since it is<br />

reasonable to expect the type of regulation<br />

found in these professions generally exists<br />

in others.<br />

Competition and Regulation<br />

Competition is generally the best means<br />

of ensuring that consumers have access to<br />

the broadest range of services at the most<br />

competitive prices and that producers<br />

have the maximum incentive to reduce<br />

their costs as much as possible and meet<br />

consumer demand. However, professional<br />

services markets are characterized by<br />

particular qualities that can justify some<br />

form of regulation to protect consumers<br />

and ensure service quality. At the same<br />

time, there are compelling economic arguments<br />

that regulation can have the effect<br />

44 . <strong>March</strong> 2008 ALS News


<strong>The</strong> Bureau is of the view that there is a risk that<br />

the Council’s accreditation policies are formed<br />

and evolve based on conditions of supply and<br />

demand in the US and do not necessarily reflect<br />

conditions in Canada.<br />

of severely limiting competition, thus<br />

preventing consumers from benefiting<br />

from the many advantages of a competitive<br />

environment.<br />

<strong>The</strong> Competition Bureau does not argue<br />

blindly for competition at the expense<br />

of all other policy objectives, since there<br />

may be legitimate public interests other<br />

than the efficient allocation of resources at<br />

issue. <strong>The</strong> Bureau does, however, advocate<br />

that to be effective, regulatory decisions<br />

must be fully informed, keeping in mind<br />

the many direct and indirect impacts they<br />

may have on consumers through reduced<br />

competition. Regulation that is excessive<br />

or restricts competition more than an<br />

equally effective alternative comes at great<br />

cost and should be removed or modified.<br />

This is an important message for all<br />

professions. Regulators—comprising<br />

provincial and territorial governments,<br />

and self-regulating organizations—must<br />

evaluate regulatory decisions through<br />

a balanced, evidence-based assessment,<br />

taking into account the numerous channels<br />

through which regulation can be<br />

beneficial or harmful to consumers of<br />

professional services. To this end, the<br />

governance structure of each profession<br />

must ensure broad representation. It is the<br />

Bureau’s hope that this study will increase<br />

awareness of the competitive impact of<br />

regulation in professional services and<br />

motivate an expansive deliberation among<br />

regulators of the effects—favourable and<br />

not—of regulation.<br />

Findings and<br />

Recommendations<br />

This study is the Bureau’s first effort to<br />

identify potentially unnecessary and<br />

anti-competitive restrictions that exist in a<br />

representative group of self-regulated professions<br />

and that may well be present in<br />

other professions. (<strong>The</strong> specific examples<br />

below are just that, examples to illustrate<br />

the Bureau’s findings. Chapters 3–7<br />

contain all the recommendations.) <strong>The</strong><br />

Bureau’s recommendations are not based<br />

on findings of wrongdoing; rather, they<br />

reflect opportunities the Bureau believes<br />

regulators should seize.<br />

Restrictions on<br />

Entering the Profession<br />

Most professions maintain substantial entry<br />

qualifications, coupled with continuing<br />

education requirements. <strong>The</strong> Bureau<br />

found that these qualifications are, in<br />

some instances, noticeably uneven across<br />

the country.<br />

In general, the Bureau supports the<br />

need for entry requirements to assure<br />

quality in the provision of professional<br />

services. However, any proposed increase<br />

to required entry qualifications should be<br />

justified as being the minimum that will<br />

reasonably ensure consumer protection.<br />

Furthermore, jurisdictions that maintain<br />

higher standards than others should look<br />

to the outcomes of less regulated jurisdictions<br />

when defining the minimum necessary<br />

level of qualification.<br />

<strong>The</strong> Bureau was interested to find that<br />

the authority to accredit all Doctor of<br />

Optometry programs in Canada and the<br />

United States rests with the US-based<br />

Accreditation Council on Optometric<br />

Education, which almost entirely comprises<br />

members of the American Optometric<br />

Association. <strong>The</strong> Bureau is of the<br />

view that there is a risk that the Council’s<br />

accreditation policies are formed and<br />

evolve based on conditions of supply and<br />

demand in the US and do not necessarily<br />

reflect conditions in Canada. As a<br />

result, provincial and territorial colleges of<br />

optometry should consider ways to ensure<br />

that the Council takes conditions of supply<br />

and demand in Canada into account<br />

when developing accreditation policies.<br />

<strong>The</strong> Bureau also reviewed empirical<br />

studies on the effect of market entry<br />

restrictions on the price and quality of<br />

professional services. Generally, the studies<br />

found that the incomes of members of<br />

professions with restrictions on entry are<br />

higher than the incomes of comparable<br />

professionals who do not face restrictions.<br />

<strong>The</strong> effect on quality is unclear.<br />

Restrictions on Mobility<br />

Generally, the professions are moving in<br />

the right direction with respect to interprovincial<br />

and international mobility. In<br />

each profession, the majority of provinces<br />

have signed a mutual recognition agreement<br />

to remove unnecessary barriers to<br />

mobility of qualified professionals and<br />

to establish the conditions under which<br />

professionals registered or licensed in one<br />

jurisdiction may have their qualifications<br />

recognized in another. Further work can<br />

be done to get all Canadian jurisdictions<br />

on board and to develop strong disputehandling<br />

mechanisms and consistent<br />

implementation of these agreements.<br />

Most professions use various mechanisms<br />

to assess the qualification of foreign<br />

professionals wishing to have their credentials<br />

recognized in Canada. Many of these<br />

mechanisms take the form of national<br />

organizations that assess basic educational<br />

or professional qualifications on behalf<br />

of the provinces and territories. However,<br />

the pharmacy profession in Canada<br />

does not use any of these mechanisms,<br />

relying instead on each province to set<br />

its own evaluation and entry criteria and<br />

assessment process. Given that the roles<br />

and responsibilities of pharmacists are essentially<br />

the same across the country, there<br />

is no apparent reason for the variation in<br />

the admission requirements for foreigntrained<br />

pharmacists. When the requirements<br />

are higher than necessary, the cost<br />

of entry can be needlessly high, resulting<br />

in fewer foreign-trained professionals applying<br />

to become pharmacists in certain<br />

provinces and territories.<br />

Restrictions on<br />

Overlapping Services and<br />

Scope of Practice<br />

<strong>The</strong> Bureau has identified a number of<br />

instances in which professionals who<br />

provide overlapping services are requesting<br />

that their scope of practice be expanded<br />

to include one or more activities currently<br />

beyond their authorization. Regulators<br />

should conduct a thorough assessment of<br />

the overall effect of any proposed expansion.<br />

A full evaluation should take into<br />

ALS News <strong>March</strong> 2008 . 45


An examination of competition in the selfregulated<br />

professions is a legitimate exercise<br />

at any time, since the right to self-regulate<br />

brings with it the responsibility for regulators<br />

to consider the greater good in all that they do,<br />

including competition.<br />

account both the potential costs, in terms<br />

of public safety, and the potential benefits,<br />

in terms of lower prices, increased choice<br />

and enhanced consumer access to professional<br />

services.<br />

For example, the Bureau learned that<br />

members of some accounting designations<br />

in some Canadian jurisdictions are not allowed<br />

to provide the full extent of public<br />

accounting services. Such restrictions limit<br />

the number of accountants who can offer<br />

this important service and therefore limit<br />

competition. <strong>The</strong> Bureau recommends<br />

that regulators reconsider these restrictions<br />

so that all accountants who are qualified<br />

to provide public accounting services may<br />

do so.<br />

46 . <strong>March</strong> 2008 ALS News<br />

Restrictions on Advertising<br />

<strong>The</strong> Bureau has identified numerous restrictions<br />

that appear to go beyond what is<br />

necessary to protect consumers from false or<br />

misleading advertising and, as a result, limit<br />

consumers’ access to legitimate information<br />

that greatly benefits competition. Among<br />

these are restrictions that limit the use of<br />

certain words and expressions and those that<br />

limit the size of advertisements. <strong>The</strong> Bureau<br />

is particularly concerned by restrictions on<br />

comparative advertising. Such restrictions<br />

obstruct competition between service providers<br />

and make it difficult for new entrants<br />

to advertise any distinct features of the<br />

services they offer, protecting incumbents<br />

from the full forces of competition.<br />

<strong>The</strong> Bureau found many such restrictions<br />

on lawyers in many Canadian<br />

jurisdictions. Removing these restrictions<br />

would go a long way toward bettering this<br />

profession’s competitiveness. Moreover,<br />

the Bureau recommends that the regulators<br />

in all professions review existing<br />

restrictions on advertising and remove<br />

those that go beyond prohibiting false or<br />

misleading advertising.<br />

<strong>The</strong> Bureau also reviewed empirical<br />

studies on the effect of advertising restrictions<br />

on the price and quality of professional<br />

services. Generally, these studies<br />

found that restrictions on advertising<br />

increase the price of professional services,<br />

increase professionals’ incomes and reduce<br />

the entry of certain types of firms. <strong>The</strong><br />

effect on quality is small, except that the<br />

restrictions may result in fewer consumers<br />

using the service.<br />

Restrictions on<br />

Pricing and Compensation<br />

Some regulators publish suggested fee<br />

guides, which they claim to be non-binding.<br />

Fee guides that are purely voluntary<br />

in nature, while unquestionably preferable<br />

to any mandatory directive, remain<br />

a source of unease from a competition<br />

perspective, since they risk facilitating<br />

overt or tacit collusion. Given the negative<br />

effect of collusion on consumer welfare,<br />

the Bureau urges regulators to look to less<br />

intrusive means than fee guides to provide<br />

consumers with the information they<br />

need about prices. In addition, regulators<br />

should ensure that any maximum prices<br />

they set are not functioning as fixed prices<br />

in practice.<br />

In the real estate industry, all provinces<br />

and territories but Quebec restrict agents’<br />

remuneration to either a fixed amount or<br />

a percentage of the selling price. Ontario<br />

goes even further and uses the phrase but<br />

not both in its restriction, meaning that<br />

real estate agents may not, for example,<br />

ask for a fixed amount for their initial<br />

work and then a percentage of a property’s<br />

selling price. Such a restriction disallows<br />

two-part fees, a type of pricing arrangement<br />

one would expect to arise in a competitive<br />

real estate market in which some<br />

fixed level of work is generally required,<br />

but anything beyond it is uncertain. This<br />

approach prevents what would otherwise<br />

be a perfectly acceptable compensation<br />

arrangement that should spur competition<br />

among agents, since it maintains the<br />

incentive for them to work to get a higher<br />

selling price for their clients while ensuring<br />

that they will be fairly compensated<br />

for the preparatory work they do.<br />

Restrictions on<br />

Business Structure<br />

<strong>The</strong> Bureau is of the view that certain<br />

restrictions on business structure, namely<br />

restrictions on multidisciplinary practices<br />

between complementary service providers,<br />

have the potential to significantly reduce<br />

the benefits of competition.<br />

Lawyers and public accountants, for example,<br />

appear to be natural complements<br />

to one another in terms of the services<br />

they provide. By working together, they<br />

would also be able to realize business efficiencies.<br />

However, the Bureau uncovered<br />

some restrictions in some provinces that<br />

prohibit or discourage members of these<br />

professions from working together or with<br />

other professionals in multidisciplinary<br />

practices.<br />

Professions justify restrictions on<br />

multidisciplinary practices as preventing<br />

possible conflicts of interest, which<br />

is a laudable goal. However, the Bureau<br />

recommends that regulators consider less<br />

intrusive mechanisms than an outright<br />

prohibition on multidisciplinary practices<br />

to circumvent possible conflicts of<br />

interest, such as requiring all participants<br />

in collaborative relationships to adhere to<br />

similar rules of conduct.<br />

Conclusion<br />

An examination of competition in the<br />

self-regulated professions is a legitimate<br />

exercise at any time, since the right to selfregulate<br />

brings with it the responsibility<br />

for regulators to consider the greater good<br />

in all that they do, including competition.<br />

<strong>The</strong> professions in general, and those included<br />

here, currently face a situation that<br />

is rich with opportunities to benefit from<br />

increased competition. <strong>The</strong>se benefits<br />

will accrue not only to the professions<br />

themselves but also, and perhaps more importantly,<br />

to Canada and Canadians. This<br />

study is, as such, only a starting point.<br />

<strong>The</strong>re is ongoing work for regulators to<br />

do. For the Competition Bureau’s part, it<br />

plans to review in two years whether the<br />

professions have addressed the recommendations<br />

this study presents.<br />


University of Calgary<br />

Dr. Mark Petovello, Assistant<br />

Professor in the area of GNSS<br />

<strong>The</strong> Department is pleased to announce<br />

that Dr. Mark Petovello has accepted the<br />

position of assistant professor in the area<br />

of Global Navigation Satellite Systems<br />

(GNSS) effective January 1, 2008.<br />

Mark has Bachelor and PhD degrees<br />

in Geomatics Engineering from the<br />

University of Calgary. Prior to joining<br />

the University of Calgary he was a senior<br />

research engineer in the PLAN group at<br />

the University of Calgary where he was<br />

responsible for the execution of several<br />

GNSS and GNSS/INS related research<br />

projects.<br />

His research has been primarily in the<br />

areas of GNSS and its integration with<br />

dead reckoning sensors such as INS. His<br />

current activities focus on GNSS software<br />

receiver development, including ultratight<br />

GNSS/INS integration.<br />

Career Day 2008<br />

Many thanks to all the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong> involved in Career Day 2008 at<br />

the University of Calgary. <strong>The</strong> annual Beef<br />

& Bun reception the night before was also<br />

a big success. <strong>The</strong> Beef & Bun reception<br />

is jointly presented by the <strong>Alberta</strong> <strong>Land</strong><br />

<strong>Surveyors</strong>’ Association, the Association of<br />

British Columbia <strong>Land</strong> <strong>Surveyors</strong> and the<br />

Saskatchewan <strong>Land</strong> <strong>Surveyors</strong>’ Association.<br />

Graduate <strong>The</strong>ses Online<br />

Enhanced Cellular Network Positioning<br />

Using Space-Time Diversity, Ahmad<br />

Reza Abdolhosseini Moghaddam<br />

(M.Sc. thesis), December 2007, UCGE<br />

Report 20262.<br />

education news<br />

Alternative Methodologies for the<br />

Quality Control of LiDAR Systems,<br />

Mohannad M. Al-Durgham (M.Sc.<br />

thesis), September 2007, UCGE Report<br />

20259.<br />

Sensor-based Animal Tracking, Andrew<br />

Hunter (Ph.D. thesis), September<br />

2007, UCGE Report 20258.<br />

Multipath Mitigation in TOA Estimation<br />

Based on AOA, Dingchen Lu<br />

(Ph.D. thesis), Department of Electrical<br />

and Computer Engineering, University<br />

of Calgary, August 2007.<br />

Interference Effects on GPS L2C Signal<br />

Acquisition and Tracking, Donghua Yao<br />

(M.Sc. <strong>The</strong>sis), August 2007, UCGE<br />

Report 20257.<br />

www.geomatics.ucalgary.ca/research/<br />

publications/Grad<strong>The</strong>ses.html<br />

University of New Brunswick<br />

GGE Students Participate<br />

in a Google Sponsored Contest<br />

During the winter and spring of 2007,<br />

Google sponsored a contest for students<br />

open to all universities across North<br />

America. <strong>The</strong> objective was to use Google<br />

SketchUp software to create a 3D reconstruction<br />

of their campus. Geodesy and<br />

Geomatics Engineering at UNB answered<br />

the call and a team of ten individuals<br />

worked tirelessly to digitally reproduce<br />

over sixty buildings on campus. <strong>The</strong> team<br />

was led by Tristan Goulden and included<br />

Alix d'Entremont, Ben Doherty, Burns<br />

Foster, Chris Fox, Erin Grass, Harsil Jani,<br />

Suresh Jeyaverasingam, Sarah Moore, and<br />

<strong>Land</strong>on Urquhart. Although the team<br />

narrowly missed a top finish, the product<br />

that was produced is featured in Google's<br />

3D warehouse at http://sketchup.google.<br />

com/3dwarehouse/cldetails?mid=a53ab5<br />

5e821c56c1fe2a5ce568a518ff&prevstar<br />

t=0.<br />

GGE Students Make a<br />

Difference in Brazil<br />

During the week of November 7th to the<br />

15th, the Department hosted 13 visitors<br />

from Brazil. <strong>The</strong> visitors were here<br />

under the auspices of a Canadian International<br />

Development Agency (CIDA)<br />

project in Brazil, which is managed by<br />

UNB. <strong>The</strong> overall goal of the project is to<br />

improve the geomatics infrastructure in<br />

Brazil and it has several important social<br />

components, touching the lives of many<br />

Brazilians.<br />

<strong>The</strong> visitors included a group from the<br />

Mangueira Women's Association. <strong>The</strong>y<br />

are working on acquiring a safe house for<br />

health information, training, and daycare<br />

for some of the poorest women in Rio<br />

de Janeiro. <strong>The</strong>re were also visitors from<br />

Castainho, a Quilombolo community<br />

(called a Quilombo) in Pernambuco, in<br />

north-eastern Brazil. <strong>The</strong> Quilombolo are<br />

descendants of slaves and their communities<br />

are similar to communities that existed<br />

in Nova Scotia up to the 1970s. <strong>The</strong><br />

Department is assisting them in mapping<br />

their community boundaries so that they<br />

will be able to gain title to their lands.<br />

Over the course of the week, the visitors<br />

participated in workshops and then<br />

visited First Nations communities and<br />

black cultural groups in Nova Scotia. <strong>The</strong><br />

highlight of the trip was spending four<br />

hours in a Tim Hortons in Amherst after<br />

the bus broke down in a snowstorm. A<br />

true Canadian experience!<br />

Before the visitors arrived, it was<br />

explained to the undergraduate students<br />

that the people coming had probably<br />

never experienced snow and would not<br />

have the appropriate clothing. <strong>The</strong> students<br />

put out a call for clothing loans and<br />

were able to outfit all of the visitors for<br />

winter. <strong>The</strong> students went one step further<br />

when they arranged a chili sale and raised<br />

just over $400, which they put together<br />

with a $200 donation from their society<br />

- the Geomatics Undergraduate Engineering<br />

Student Society - for a total of $600.<br />

<strong>The</strong>y presented a cheque for $300 to the<br />

Mangueira Women's Association and one<br />

for $300 to Quilombo Castainho.<br />

On November 30th, the students<br />

received a message from Dr. Andrea<br />

Carneiro, a professor at Universidade<br />

Federal de Pernambuco, one the Brazilians<br />

involved in the CIDA project, telling<br />

them about the donation to the Castainho<br />

community and how they helped. <strong>The</strong><br />

community decided to buy an industrial<br />

stove to put in their school. "Now the<br />

children who are at school can receive<br />

cooked food," said Dr. Carneiro. She also<br />

reported that the symbolic cheque will be<br />

kept on the wall in a frame to show the<br />

community and its visitors the donation<br />

made by Canadian students.<br />

ALS News <strong>March</strong> 2008 . 47


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Real<br />

Property<br />

Adverse Possession<br />

Plaintiffs were granted adverse<br />

possession of a small piece of<br />

property on defendant’s land.<br />

Application for declaration that plaintiffs<br />

were owners of a small piece of property.<br />

Plantiff T had owned her property since<br />

1981. Plaintiffs’ driveway ran along the<br />

western edge of their property from the<br />

road back to the garage attached to the<br />

right hand side of their house. It was there<br />

when T bought the house and, other<br />

than being paved, it had not changed<br />

in location or configuration. Defendant<br />

purchased the property to the west of<br />

plaintiffs’ property in 1987. He had it<br />

surveyed in 2005 and a stake was put in<br />

the pavement of plaintiffs’ driveway to<br />

denote the lot line. He constructed a fence<br />

and tore up and removed the pavement to<br />

the west of the new posts. <strong>The</strong> new fence<br />

prevented access to approximately the<br />

right hand quarter of plaintiffs’ driveway.<br />

Plaintiffs claimed ownership of the disputed<br />

portion of land by reason of adverse<br />

possession.<br />

HELD: Application granted. <strong>The</strong> small<br />

parcel was on defendant’s side of the<br />

boundary line. Defendant was aware<br />

that plaintiffs were using this part of his<br />

legal notes<br />

property and did nothing to take exception.<br />

To prove a prosessory title, plaintiffs<br />

had to establish actual possession through<br />

the statutory period; intention to exclude<br />

the true owner from possession; and effective<br />

exclusion of the true owner. This was<br />

not a case of mutual mistake. Plaintiffs<br />

possessed the disputed parcel under a<br />

mistaken belief it was theirs but defendant<br />

knew the location of the true boundary,<br />

that plaintiffs were using the property, and<br />

did not object when they spent money<br />

to improve it. A required intention to<br />

exclude defendant from using the disputed<br />

land did not present an obstacle to<br />

plaintiffs’ claim. <strong>The</strong>y occupied and used<br />

the disputed property from 1981 to 2005,<br />

believing it was theirs. <strong>The</strong>ir occupation<br />

was open and notorious and with the<br />

explicit knowledge of defendant.<br />

Tucker v. Moffatt, [2007] O.J. No. 5060,<br />

Ont. S.C.J., Glithero J., Dec. 27/07.<br />

Digent No. 2736-020 (Approx. 6 pp.)<br />

This article originally appeared in the<br />

February 1, 2008 issue of <strong>The</strong> Lawyers Weekly<br />

published by Lexisnexis Canada Inc.<br />

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ALS News <strong>March</strong> 2008 . 49


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Are you burnt out? Are you tired all<br />

the time? Do you hate going into<br />

work? Maybe its time for a change.<br />

assmt notes<br />

Several years ago, right in the middle of Stampede week I got a new robotic<br />

total station. With the assistance of two rodmen I was dragged into the 21st<br />

Century of survey equipment.<br />

“What a time to start new I<br />

thought...I don’t have time<br />

to learn new things.”<br />

“What a time to start new I thought.”<br />

“Here it is right in the middle of construction<br />

season and I don’t have time to<br />

learn new things.” But the old instrument<br />

was gone and we had to get the new one<br />

operational really quickly.<br />

Uploading all our data was easy because<br />

that process hadn’t changed. <strong>The</strong>n<br />

came the setup. <strong>The</strong> faceplate has to be<br />

on the instrument the first time. Everything<br />

is set up and then the instrument<br />

is turned off and the faceplate is removed<br />

and connected to the pogo stick. Turn on<br />

the faceplate and everything is working so<br />

far.<br />

We are set up on a control and require<br />

a back site. Off I go with the pogo and<br />

faceplate. I get to the back site and I’ve<br />

lost the radio link. “Oh great I really don’t<br />

have time for this.” Back to the instrument<br />

I go and find that I have forgotten<br />

to connect the antennae to the instrument.<br />

Up close the radio link was fine but<br />

nothing worked at a distance. This was<br />

one of the many little glitches that I had<br />

to overcome in the next several weeks.<br />

<strong>The</strong>n we started the layout. What a<br />

miracle! After thirty years in surveying I<br />

had an instrument that worked without<br />

me standing behind it. I could walk away<br />

and be right where the layout was to take<br />

place. I could see what the area was like. I<br />

could set the point. I could check for accuracy.<br />

I could instruct my rodman as to<br />

what was needed. Now this was exciting<br />

and the layout was so much faster than<br />

before.<br />

Several years earlier another surveyor<br />

tried to show me the advantages of his<br />

new robotic instrument and I had said I<br />

was too busy. Wow what a mistake. With<br />

my new robotics I love coming to work<br />

and learning so many new things. This is<br />

fun.<br />

Once you can accept the technology,<br />

learning new programs and processes<br />

is so much fun.<br />

Cross-sections are easier since along<br />

with the robotic total station we also received<br />

a 360 prism. <strong>The</strong> instrument when<br />

turned to and locked onto this prism will<br />

track you where ever you go so long as<br />

you have inter-visibility. One man can<br />

then work alone to cross-section an area<br />

while the other crewman can do calculations<br />

or set up files. Data collection is so<br />

much faster.<br />

When doing as-builts you can be out<br />

on the site and know exactly how the<br />

pickup is done. Working together as a<br />

crew you can be sure that everything is<br />

picked up and you don’t get called back.<br />

Of course, with your new equipment<br />

and layout capabilities, you have to<br />

change<br />

your “checking”<br />

procedures.<br />

Everything has to be revised.<br />

Control checks have to be accurate.<br />

Layout has to be checked. Pickup data has<br />

to be correct. Your checks have to satisfy<br />

yourself and everybody else on a construction<br />

site.<br />

Most importantly for yourself is that<br />

you have to learn to trust and accept the<br />

technology. If you constantly fear that the<br />

data being collected might be incorrect,<br />

most likely something will be wrong.<br />

Once you can accept the technology,<br />

learning new programs and processes is so<br />

much fun. I can comfortably do a right<br />

angle offset layout and now I have taken<br />

that one step further and can do offsets<br />

from the offset.<br />

Of course, now my comfort level has<br />

stabilized. Maybe I’m ready for something<br />

new. <strong>The</strong> new data collectors are coming.<br />

We are getting more RTK GPS units all<br />

the time or maybe I’ll just sit back and go<br />

into retirement mode. Not likely!<br />

Hugh Furber CST<br />

ALS News <strong>March</strong> 2008 . 51


history<br />

This is the latest in a series of articles on the history of the ALSA and its<br />

members. For more information, check out www.landsurveyinghistory.ab.ca.<br />

1940-1942<br />

difficult to believe<br />

52 . <strong>March</strong> 2008 ALS News<br />

...the rationing of gasoline and tires for civilian<br />

use was instituted, which seriously hampered<br />

the mobility of land surveyors...<br />

In 1939 the Second World War had<br />

broken out, but unlike the earlier<br />

unpleasantness of 1914-1918, it<br />

did not result in any extensive<br />

enlistment of Association members in the<br />

armed forces. A majority of the members<br />

were in any case beyond enlistment age,<br />

nearly half still being members who had<br />

first become registered in 1911. Only two,<br />

Messrs. McCutcheon and Inkster, both<br />

of whom joined the RCAF, saw active<br />

service, while the rest remained on the<br />

home front and did their best to cope<br />

with the tremendous demands for survey<br />

work which were generated principally by<br />

war-time needs and military projects that<br />

materialized in <strong>Alberta</strong> and more northern<br />

areas, especially after the United States<br />

entered the war.<br />

Nevertheless, although the members<br />

suddenly found themselves very busy, the<br />

Association as a body remained almost as<br />

inert during the first years of the war as<br />

it had been during the Thirties. Nothing<br />

of note happened in Association affairs<br />

in 1940, except the presentation at the<br />

Annual Meeting of a paper entitled “<strong>The</strong><br />

Coming of the Dominion <strong>Land</strong> Surveyor,”<br />

by Mr. J.N. Wallace, which was subsequently<br />

published in the April 1940 issue<br />

of <strong>The</strong> Canadian Surveyor and contained<br />

much interesting information and opinion<br />

on the early development of the western<br />

land survey system and the careers and<br />

capabilities of several of the more prominent<br />

surveyors who were associated with it<br />

in its infancy.<br />

In 1941, the rationing of gasoline and<br />

tires for civilian use was instituted, which<br />

seriously hampered the mobility of land<br />

surveyors and, at the 1942 meeting, the<br />

members of the Association were glad to<br />

avail themselves of the good offices of the<br />

Institute which interceded to some effect<br />

with the authorities in Ottawa in that<br />

connection.<br />

In 1942, it had become evident that<br />

the Red Army was not going to fold up<br />

under Hitler’s onslaught and there was a<br />

growing conviction that the war would<br />

somehow be ultimately won, which gave<br />

rise to thoughts about ways and means of<br />

bringing veterans into the surveying profession<br />

as they returned to civil life. It was<br />

recognized that many men in the armed<br />

forces were getting training in survey technology<br />

and that this would attract some of<br />

them towards subsequent careers as land<br />

surveyors. It was felt that the Association<br />

should prepare itself to offer them every<br />

encouragement but, on the other hand,<br />

there was some fear that after the war the<br />

economy would sag as it had done after<br />

the first war and that the prospective need<br />

for many more surveyors at that time was<br />

doubtful. As the president of the Association<br />

put it as the 1942 meeting: “<strong>The</strong> past<br />

year has been more prosperous for the<br />

members of our profession than for many<br />

years previously. This activity arises largely<br />

from the vast expenditures of public<br />

funds occasioned by the war but, while<br />

taking advantage of it, the prudent man<br />

will reflect that such prosperity, founded<br />

as it is upon the destruction of wealth,<br />

cannot endure. A period of exhaustion<br />

will certainly follow these years of unusual<br />

exertion.<br />

At the time, this seemed logical<br />

enough, and the severity of the Depression<br />

during the Thirties had made it<br />

difficult for many people to believe that<br />

any noticeable prosperity could be long<br />

sustained in peacetime. However, it was<br />

obvious that the members of the Association<br />

were not getting any younger and<br />

that the profession ought to have an infusion<br />

of new blood as soon as trained men<br />

became available to enter it and, from that<br />

time on, the education and recruitment<br />

of new land surveyors became a matter of<br />

primary concern to the Association. •


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