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The New (Alberta) Boundary Resolution ProcessReprinted from "ALS News" - March 2005ALSA Editor’s Note: On January 27, 2005, the Council of the Alberta <strong>Land</strong><strong>Surveyors</strong>’ <strong>Association</strong> approved the Boundary Resolution Process as a pilotproject with a budget of $10,000 for the 2005-2006 fi scal year.What is the overall intent of the recommendation?For several years the Alberta <strong>Land</strong> <strong>Surveyors</strong>’ <strong>Association</strong>has been attempting to develop a system for resolvingboundary problems in the Province.The Section 9 of the Surveys Act Ad Hoc Committee (the“Committee”) is recommending a process at this time thatwill show leadership in protecting the public use and enjoymentof land by assisting Alberta <strong>Land</strong> <strong>Surveyors</strong> to findsolutions to boundary problems.Section 9 of the Surveys Act has been used very rarely toresolve boundary problems. A number of reasons have beenoffered for this limited application of a powerful tool. It maybe that the limited scope of Section 9 is a hindrance, or itmay be that Alberta <strong>Land</strong> <strong>Surveyors</strong> have not been aggressiveenough in pursuing this remedy. Alternately it may bedue to the limited number of parties that are eligible to bringproblems forward. A number of theories exist, and havebeen discussed at length by the Committee. The Committeeis aware that some of these boundary problem are beingcompounded over time by the completion of subsequent relatedsurveys.Therefore, the Committee decided to bring forward a processthat will allow the ALSA to learn more about the natureof the problems, the solutions for these and ultimately if it isnecessary to amend the Surveys Act or other statutes. At thesame time, this process should assist in solving many of theexisting problems currently lying dormant. The Committeeis not prepared to recommend legislative changes until a betterunderstanding is formed.The process that is proposed has two components: firstly mediation,and secondly a boundary panel. The mediation facilitywould be established by the ALSA to assist two or moreactive Alberta <strong>Land</strong> <strong>Surveyors</strong> to resolve differences of professionalopinion. It is intended that this facility be used onlywhen the affected Alberta <strong>Land</strong> <strong>Surveyors</strong> cannot agree onsolutions through direct discussions.The Committee anticipates that some Alberta <strong>Land</strong> <strong>Surveyors</strong>will refuse to participate in mediation. On the other handmediation may not result in a solution, or be applicable tothe problem in the first place. If mediation does not occur,fails or is not applicable, the matter will be forwarded to aboundary panel.The Boundary Panel will consist of experienced Alberta<strong>Land</strong> <strong>Surveyors</strong> and may include a public member, all appointedby Council of the Alberta <strong>Land</strong> <strong>Surveyors</strong>’ <strong>Association</strong>.This panel will have no legislated powers at this timebut will be responsible to investigate circumstances andrecommend solutions. The Boundary Panel may decide thatSection 9 of the Surveys Act should be applied in certaincases (based on an updated intent and application documentthat has been developed by the Committee), in others it maysuggest alternates such as court order or resurvey. If Section9 is proposed for a particular case, the panel must bring arecommendation to Council of the ALSA for further actionin accordance with the Surveys Act.What is the problem to be addressed?The problem is that boundary uncertainties or alleged errorsin surveys exist in Alberta and that there is no clearlydefined process to resolve them. As a result, there are manyunresolved boundary uncertainties or alleged errors in surveyslying dormant.At the 2004 annual general meeting, the Director of Surveysstated that his office is contacted 6 - 12 times by surveyorslooking for help or additional information in any givenyear.How does the recommendation solve the problem?This recommendation establishes a process to help Alberta<strong>Land</strong> <strong>Surveyors</strong> resolve boundary uncertainties or allegederrors in surveys.The Section 9 Ad Hoc Committee is aware that other jurisdictionshave procedures to deal with boundary uncertaintyissues. Ken Allred’s 2001 paper to Council, reviewed by theCommittee, identified similar processes in other jurisdictions.At the 2004 annual general meeting, Dr. Mike Barryspoke of the South African experience and Francois Dionspoke about bornage in Quebec.What is the genesis for the recommendation?At the 2000 AGM, under new business, the membershiprecommended that Council consider establishing a committeecharged with preparing a white paper for presentationto the Government of Alberta with respect to establishing astatutory boundary tribunal to provide an avenue to resolveboundary uncertainties and disputes as an alternative to resortingto the court process.Following the 2000 AGM, then vice-president Ken Allredwas asked to do some research on this issue and prepare aSLSA Corner Post <strong>Fall</strong> 2006 271
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