Professions are occupations that require a prolonged period of education and training. They are often overseen by professional bodies who may accredit educational establishments and qualified professionals. Qualification may be recognised by the designation:

1. Land Surveyor Professional
Practice & Ethics
Dr. Ange Félix NSANZIYERA, PhD
(GIS & Remote Sensing)

2. INTRODUCTION TO SURVEYING
PROFESSIONAL PRACTICE
• Faculty: Applied Fundamental Sciences
• Department: Land Surveying Ethics
• Duration: 10 credits
• Module leader: Dr. Ange Felix NSANZIYERA
• Teaching method: 30% face to face, 40% work in
groups, 30% personal work.
• Assessment method: presentation of group work
results, written and oral assessment.
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3. 0 Introduction
1. Justification of the module
 Growing infrastructure development;
 Growing awareness of the value of land;
 Efforts for systematic land tenure regularization;
 Malpractices attributed to land surveyors;
 Confusion among technicians and professionals;
 Amateurism in the career of land survey;
 Confusion of professions (Civil Engineers, Surveyors, Property valuers);
 Growing awareness to private property;
 Growing land transaction;
 Data collection instruments and implications;
 Urgent need for environment protection;
 Sustainable development goals;
 Growing relativism in contracts management.
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4. Introduction (Cont’d)
0.2. Objectives of the module
• General objective: to prepare students to practice as professionals.
• Specific objectives:
 To understand the need for professionalism in surveying;
 To understand the problems related to professional practice in surveying;
 To understand history of surveying professional bodies;
 To understand the role of surveying professional bodies;
 To understand the basic of professional communication;
 To elaborate a code of conduct of surveying professional bodies;
 To integrate ethical practices in daily personal and professional life.
4

5. Chapter 1: Definition of key concepts
• Profession;
• Professional versus technician;
• Professionalism;
• Professional practice;
• Professional malpractice;
• Land surveying profession versus building surveying,
cadastral surveying, cartography and valuation;
• Professional institution/ associations/bodies/ organization,
society;;
• Professional contract;
• Professional communication.
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6. 6
1.Professional practice
The therm “Professional practice ” refers to the conduct and work of someone from a
particular profession.
2. Professions
Professions are occupations that require a prolonged period of education and
training. They are often overseen by professional bodies who may accredit
educational establishments and qualified professionals.
 Qualification may be recognised by the designation:
 'member of...',
 'certified',
 'chartered member',
 'fellow', and so on.
For example, a professional member of the Rwandan Organization of Land
Surveyors (ROLS).
Professional bodies may set standards of ethics, performance, competence,
insurance, training and so on that must be met to remain within the profession. These
are typically set out in a code of conduct. Some professional designations are
protected by law.

7. 7
Professions will have specific practices and standards that they value, but there are
some general principles common to most professionals:
 Act with integrity.
 Adopt an ethical approach.
 Provide a high standard of service.
 Only undertake work for which there is appropriate competence.
 Have appropriate insurance.
 Ensure that terms of appointment are clear.
 Act in a way that promotes trust in the profession.
 Do not bring the profession into disrepute.
 Do not discriminate against parties on any grounds.
 Demonstrate a commitment to continuing professional development.
 Offer a dispute resolution service.

8. 8
Contracts may include terms requiring that the contracted party exercise
'reasonable skill and care', and in interpreting this, the courts may take into account
the professional standard that might be expected.
That is, a party advertising services as a professional land surveyor would be
expected to demonstrate the level of skill and care of a competent land surveyor A
land surveyor offering services in a specialist field might be expected to
demonstrate a higher level of skill and care, of a competent specialist. The more
skilled a person, the more the care that can be expected of them.

9. 9
3. Professional versus technician
 A professional worker is someone who is highly trained and qualified to do a certain
job, such as a engineer.
 A technician is someone who is trained and skilled in doing specialized work, such
as an electrician.
Professionalism is a powerful quality. It allows you to fulfilll your role to the best of
your ability. It helps you to impress and inspire others. And it gives you a deep
sense of satisfaction and self-worth.
What's more, professionalism is something that everyone can aspire to from day
one of their career.
What Is Professionalism?
As the saying goes, "Professionalism is not the job you do, it's how you do the
job."
Professionalism involves consistently achieving high standards, both visibly and
"behind the scenes" – whatever your role or profession.
4. Professionalism

10. 10
Some sectors, workplaces or roles have particular "rules" of professionalism. These
may be explicit, such as an agreed dress code, or a policy for using social media.
Other rules and expectations may not be written down, but they can be just as
important – such as what is regarded as professional behavior at meetings, or even
how people personalize their desks.
It pays to be observant, and to ask for clarification if necessary. "Fitting in" is a big
part of professionalism, as it's a way to show respect, attention to detail, and a
commitment to upholding agreed practices and values.
However, "being true to yourself" is just as important. True professionals don't follow
rules mindlessly, and they know when and how to challenge norms. They're also
flexible, and they find their own ways to do things – while still maintaining high
standards.
4. Professionalism

11. 11
i. Characteristics of Professionalism
What are the attributes that will mark you out as a professional? Let's look at
eight key characteristics:
a) Competence
As a professional, you get the job done – and done well. Your abilities match
the requirements of your role, and you often produce results that exceed
expectations.
But you never plow on simply for the sake of appearances. Instead, your
professionalism allows you to manage your own and others' expectations,
and to ask for support when necessary.
b) Knowledge
Professionalism involves developing detailed, up-to-date knowledge, which is
often highly specialized. At every stage of your career you can strive to
master your role – and keep adding to what you know.
It's also important to put your knowledge into action. Being professional
means feeling confident to show what you know – not for self-promotion, but
to help yourself and others to succeed

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c) Conscientiousness
Professionalism involves being reliable, setting your own high standards, and
showing that you care about every aspect of your job. It's about being industrious
and organized, and holding yourself accountable for your thoughts, words and
actions.
But don't confuse conscientiousness with working longer hours than everyone
else, or obsessing about details. True professionals plan and prioritize their work
to keep it under control, and they don't let perfectionism hold them back.
d) Integrity
Integrity is what keeps professional people true to their word. It also stops them
compromising their values, even if that means taking a harder road.
Integrity is bound up with being honest – to yourself, and to the people you meet.
Your beliefs and behaviors are aligned, and everyone can see that you're
genuine.
e) Respect
Professionalism means being a role model for politeness and good manners – to
everyone, not just those you need to impress.
What's more, you show that you truly respect other people by taking their needs
into account, and by helping to uphold their rights.

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f) Emotional Intelligence
To be a true professional you need to stay professional even under pressure.
This takes strategies for managing your emotions, plus a clear awareness of
other people's feelings. In short, emotional intelligence is essential.
Sometimes, professionalism means keeping your emotions in check. But at
other times it's important to express your feelings, in order to have meaningful
conversations or to stand up for what you believe in.
g) Appropriateness
A big part of being professional is knowing what's appropriate in different
situations. It avoids awkwardness or upset, boosts your credibility, and helps
you to feel secure in your role.
Appropriateness relates to outward appearances, such as dress, personal
grooming and body language.
But it also covers the way you speak and write, the topics you choose to
discuss, and how you behave with others.

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h) Confidence
Well-founded confidence reassures and motivates other people, boosting your
ability to influence and lead. It also pushes you to take on new challenges,
because you don't fear damaging your professional reputation if things go wrong.
Professionalism makes you confident about what you’re doing now, but always
eager to do it better and achieve more.

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ii. How to Exhibit Professionalism
Now that we've seen the qualities that set professionals apart, let's explore ways
to improve in each of these eight areas.
a) Improve Your Competence
Carry out a Personal SWOT Analysis to identify your strengths, weaknesses,
opportunities, and threats. Then set SMART goals to plan your improvement.
b) Increase Your Knowledge
Don't let your knowledge and skills get outdated. Make a commitment to build
expertise and to stay up-to-date with your industry.
As well as carrying out research, consider on-the-job training to maintain and
develop detailed and relevant knowledge.
Use all the networking you do to stay well-informed about your industry as a
whole. And see our Bite-Sized Training session, Building Expert Power, for ways
to strengthen and apply your knowledge at every stage of your career.

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c) Be Conscientious
Conscientiousness requires organization, so make regular use of To-Do
Lists and Action Programs. You can also learn to be more conscientious
by improving your concentration, to complete work more efficiently and
accurately.
Resolve to honor your commitments and to learn from your mistakes, in order
to develop strong personal accountability.
d) Role-Model Integrity
Start by defining your own values, then spot any gaps between them and the
way you actually behave. Our guide to authenticity explains why this is a
lifelong process, involving self-knowledge, willingness to reassess your
priorities, and the ability to change your behavior.
Ensure that you're clear about the laws that apply to your work, as well as any
policies that your organization has in place to support ethical practices. These
might include guidelines for fair procurement processes, or rules about
accepting gifts from clients.
Whenever possible, explain your decisions and choices carefully. And do
everything you can to make it easy for others to act with integrity, too.

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e)Promote Mutual Respect
Make it a habit to be polite and kind to everyone you come into contact with.
Notice what respectful behavior looks like in any given situation.
Sometimes you might need to develop your cultural understanding – and
perhaps do some specific research before an overseas trip or an international
meeting online.
You should also learn about any differences among your own people, so that
you know how to help everyone feel safe, included and respected. A
professional approach like this can help to create a culture of mutual respect.

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f) Develop Your Emotional Intelligence
Start by increasing your awareness of your own emotions.
Then work on your ability to sense other people's emotions and needs. Active
Listening is crucial here. You can also practice seeing things from other
people's point of view, so that you empathize with them, and see how best to
support them.

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5. Professional Malpractice?
a) Definition of Professional Malpractice
When you hire a doctor or a lawyer, you hope that they will perform their jobs in line
with the highest professional standards. However, not every doctor or lawyer always
does a reasonably good job, and their patients or clients decide to sue.
Those clients then hire a professional malpractice attorney to litigate their claim.
Terms to Know:
•Standard of Care: The quality of professionalism with which a doctor or lawyer
must act.
•Negligence: A failure to perform up to the standard of care, which causes injuries
to a patient or a client.
•Plaintiff: The person who initiates a lawsuit.
•Defendant: The person a plaintiff sues.
•Claim: A request sent to an insurance company for benefits.
•Damages: The money the plaintiff wants to recover in the lawsuit. Damages
can cover a wide variety of bills, including medical bills, lost time at work, and
property damage.
•Settlement: A sum of money the plaintiff accepts instead of going to court.

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6. Land surveying profession versus building surveying,
and valuation;
Land surveying and building surveying are both branches of the surveying profession,
but they have different scopes and objectives.
Land surveying involves measuring and mapping the natural and man-made
features of the earth’s surface, including boundaries, topography, and other physical
features. Land surveyors use a variety of tools and techniques to gather data about
the land, and their work is used for a wide range of purposes, including property
transactions, land development, engineering and construction, and environmental
management.
Building surveying, on the other hand, is concerned with the assessment and
inspection of buildings and other structures. Building surveyors are responsible for
ensuring that buildings comply with building codes and regulations, identifying any
defects or potential problems with the structure, and providing advice on building
maintenance, repair, and renovation. They may also be involved in the design and
planning of new buildings, and may provide expert advice on building-related
disputes and litigation.

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Overlap between professions
While both land surveying and building surveying involve the collection and
analysis of data, land surveying tends to focus more on physical measurements
and mapping, while building surveying is more concerned with assessing the
condition and performance of buildings and structures. However, there is some
overlap between the two fields, particularly in areas such as land development,
where land surveying and building surveying can both play important roles in
ensuring that new construction projects are safe, legal, and environmentally
responsible.

22. Chapter 2: History of land surveying profession
 Surveying or land surveying is the technique,
profession, and science of determining the terrestrial
or three-dimensional positions of points and the
distances and angles between them. These points are
usually on the surface of the Earth, and they are often
used to establish maps and boundaries for ownership,
locations, such as building corners or the surface
location of subsurface features, or other purposes
required by government or civil law, such as property
sales.
 A land surveying professional is called a land surveyor.
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23. History of Land Surveying
profession(Cont’d)
• Surveying has been an element in the
development of the human environment since
the beginning of recorded history. The
planning and execution of most forms of
construction require it. It is also used in
transport, communications,mapping, and the
definition of legal boundaries for land
ownership. It is an important tool for research
in many other scientific disciplines.
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24. History of Land Surveying profession(Cont’d )
Ancient surveying
• Surveying has occurred since humans built the first large
structures. In ancient Egypt, a rope stretcher would use
simple geometry to re-establish boundaries after the annual
floods of the Nile River. The almost perfect squareness and
north-south orientation of the Great pyramid of Giza, built c.
2700 BC, affirm the Egyptians' command of surveying. The
Groma instrument originated in Mesopotamia(early 1st
millennium BC).The prehistoric monument at Stonehange (c.
2500 BC) was set out by prehistoric surveyors using peg and
rope geometry.
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25. History of Land Surveying profession(Cont’d )
Ancient surveying
• The Romans recognized land surveying as a profession. They established
the basic measurements under which the Roman Empire was divided,
such as a tax register of conquered lands (300 AD). Roman surveyors were
known as Gromati.
• In medieval Europe, beating the bounds maintained the boundaries of a
village or parish. This was the practice of gathering a group of residents
and walking around the parish or village to establish a communal memory
of the boundaries. Young boys were included to ensure the memory lasted
as long as possible.
• In England, William the Conqueror commissioned the Domesday Book in
1086. It recorded the names of all the land owners, the area of land they
owned, the quality of the land, and specific information of the area's
content and inhabitants. It did not include maps showing exact locations.
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26. History of Land Surveying profession(Cont’d )
Modern surveying
• In the 18th century, modern techniques and instruments for
surveying began to be used. Jesse Ramsden introduced the
first precision theodolite in 1787. It was an instrument for
measuring angles in the horizontal and vertical planes. He
created his great theodolite using an accurate dividing engine
of his own design. Ramsden's theodolite represented a great
step forward in the instrument's accuracy. William Gascoigne
invented an instrument that used a telescope with an
installed crosshair as a target device, in 1640. James Watt
developed an optical meter for the measuring of distance in
1771; it measured the parallactic angle from which the
distance to a point could be deduced.
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27. History of Land Surveying profession(Cont’d )
Modern surveying
• In the US, the Land Ordinance of 1785 created the
Public Land Survey System. It formed the basis for
dividing the western territories into sections to allow
the sale of land. The PLSS divided states into
township grids which were further divided into
sections and fractions of sections.
• Napoleon Bonaparte founded Continental Europe’s
first cadastre in 1808. This gathered data on the
number of parcels of land, their value, land usage,
and names. This system soon spread around Europe.
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28. History of Land Surveying profession(Cont’d )
Modern surveying
• At the beginning of the century surveyors had improved the
older chains and ropes, but still faced the problem of accurate
measurement of long distances. Dr Trevor Lloyd Wadley
developed the Tellurometer during the 1950s. It measures
long distances using two microwave transmitter/receivers.
During the late 1950s Geodimeter introduced electronic
distance measurement (EDM) equipment.EDM units use a
multi frequency phase shift of light waves to find a distance.
These instruments saved the need for days or weeks of chain
measurement by measuring between points kilometers apart
in one go.
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29. Errors and accuracy
• A basic tenet of surveying is that no measurement is perfect, and that
there will always be a small amount of error.There are three classes of
survey errors:
• Gross errors or blunders: Errors made by the surveyor during the survey.
Upsetting the instrument, misaiming a target, or writing down a wrong
measurement are all gross errors. A large gross error may reduce the
accuracy to an unacceptable level. Therefore, surveyors use redundant
measurements and independent checks to detect these errors early in the
survey.
• Systematic: Errors that follow a consistent pattern. Examples include
effects of temperature on a chain or EDM measurement, or a poorly
adjusted spirit-level causing a tilted instrument or target pole. Systematic
errors that have known effects can be compensated or corrected.
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30. Errors and accuracy
• Random: Random errors are small unavoidable fluctuations. They are
caused by imperfections in measuring equipment, eyesight, and
conditions. They can be minimized by redundancy of measurement and
avoiding unstable conditions. Random errors tend to cancel each other
out, but checks must be made to ensure they are not propagating from
one measurement to the next.
• Surveyors avoid these errors by calibrating their equipment, using
consistent methods, and by good design of their reference network.
Repeated measurements can be averaged and any outlier measurements
discarded. Independent checks like measuring a point from two or more
locations or using two different methods are used. Errors can be detected
by comparing the results of the two measurements.
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31. Errors and accuracy
• Once the surveyor has calculated the level of the errors in his work, it is
adjusted. This is the process of distributing the error between all
measurements. Each observation is weighted according to how much of
the total error it is likely to have caused and part of that error is allocated
to it in a proportional way. The most common methods of adjustment are
the Bowditch method, also known as the compass rule, and the principle
of least squares method.
• The surveyor must be able to distinguish between accuracy and precision.
In the United States, surveyors and civil engineers use units of feet
wherein a survey foot breaks down into 10ths and 100ths. Many deed
descriptions containing distances are often expressed using these units
(125.25 ft). Calculation and mapping tolerances are much smaller wherein
achieving near-perfect closures are desired. Though tolerances will vary
from project to project, in the field and day to day usage beyond a 100th
of a foot is often impractical.
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32. 1. Definition and Interpretation of Professionalism and Professional Status
 The defining elements of a professional (the context is that of the self- regulating
professions: engineers, geoscientists, doctors, lawyers, and such versus other
occupations):
- Have advanced technical knowledge and skills that the public takes on trust
- Give service to the public and in the public interest
- Are bound by a distinct ethical code
- Belong to self-governing organizations that regulate the profession to maintain
standards
 Right to self-regulate is earned
 Requires participation of members to fulfill self-regulating function
- Undergo long and intensive preparation
- Require continued study and development
2. The Role and Responsibilities of Professionals in Society
 Skilled and regulated practice
 Personal accountability and responsibility for own professional practice
 Accountable for the professional practice of those under their supervision
 Dependence on the confidence of stakeholders: employers, clients, authorities, public
 Justify and uphold trust from the stakeholders
 Protection of the public
- Definition of the public in different circumstances – general public, client, employer,
fellow workers
- Definition of protection – physical safety, physical protection, physical failures,
environmental protection, economic safety
Chap 3: Professionalism

33. 3. Engineering and Geoscience Professions in Canada; Definitions and Scopes of Practice
This topic is considered at a high level. What is considered is: who, what, when, source of
authority, reason for, etc. Detailed processes and requirements are considered in other syllabus
sections.
 Provincial and territorial associations
- authority to license and self-regulate the professions
- authority to discipline and enforce
- jurisdiction and independence between associations
Right to title and exclusive scope of practice
Definition of engineering – “advising, evaluating, designing ….. matter, materials, ….math,
chemistry, physics …”
Definition of geosciences – “advising, evaluating, interpreting ….. earth sciences …. discovery
development ….math, chemistry, physics …”
Professional seals
Engineers Canada and Geoscientists Canada – association of associations – non-regulatory –
create standards and guidelines – accreditation roles
Brief histories
The iron and earth rings

34. 4. The Value of Engineering and Geoscience Professions to Society
 Economic benefits of work and projects
 Technology application
 Technology research and development
 Infrastructure development
 Energy research, development, production and generation
 Products research and development
 Manufacturing and processing
 Resource research and development
 Limits and sustainability

35. 2. Ethical Theories and Principles
 Recognition that there are different and contrasting ethical theories/perspectives that can result in
different outcomes each considered correct within the given theory.
 Ethics applied to professional issues from the perspectives of the classical and modern theories.
 The ethical perspectives/theories that form the basis in establishing the Code of Ethics for the
professions and that guide disciplinary actions.
II. Ethics
1. The Role of Ethics in Society; Cultures and Customs
 Ethics – the study of right and wrong (morality)
 Moral principles are developed by societies and groups
 Laws of a society flow from its moral principles

36.  Source and legal authority of the codes of ethics
- derived from the acts
- status
 Understanding of the core tenets:
- Protect the health, safety and welfare of the public
- Have regard for the public
- Practice only in areas of competence
- Conduct themselves with integrity, honesty, fairness and objectivity in their
professional activities
- Compliance with applicable statutes, regulations and bylaws
- Uphold and enhance the honour, dignity, and reputation of their professions
- Avoid conflicts of interest
- Maintain competence of self and of subordinates
- Present the possible consequences of ignoring professional judgments
- Report illegal or unethical professional decisions or practices
- Promote the equitable treatment of all individuals
 Use of the codes of ethics in regulating the professions
 Recognition that minor differences exist between associations
3. Codes of Ethics of Professional Engineers and
Geoscientists in Rwanda

37. 4. Common Ethical Issues and Dilemmas; Making Ethical Decisions
- Conflict of interest from the perspective of ethical dilemmas, solutions, and decisions
- Conflicts between technical authority and management authority
- Duty to report / whistle blowing as an ethical dilemma
- Loyalty to the employer
- Limiting practice to areas of competence
- Plagiarism and copyright infringement
- Professional responsibility vs employment issues
- Professional competence
- Reviewing work of others
- Confidentiality
- Foreign assignments
 Issues and cases concerning ethical dilemmas looked at through the lens of the
code of ethics and other approaches to seek solutions:

38. III Professional Practice
1. Professional Accountability for Work, Workplace Issues, Job Responsibilities, and
Standards of Practice
 Professional responsibility for work
- How it comes into being
- Where it rests
- Responsibility for work of junior members and subordinates
- Responsibility for work created by several members in multiple disciplines
 The corporate world
- Corporate ethics and pressures on the professional
- Corporate responsibilities and loyalty vs professional responsibilities
- Confidentiality vs professional responsibilities, transparency or accountability
- Confidentiality or ownership of data and knowledge
 Due diligence
 Globalization
- Responsibilities of international work (when laws differ, what governs?)
- Responsibilities of using products and knowledge developed internationally
 Legality
- Practise within the boundaries and intents of the law
- Meet the spirit of the law
 Professional responsibilities in developing software
 Relying on work prepared by others

39. 2. The Role and Responsibilities of Professionals to Employers and Clients
 Duty to the employer/client
 Loyalty, confidentiality, competence, diligence
 Conflict of interest
- recognition of
- avoidance of
- expected conduct when in a conflict of interest
 Personal interest vs employer’s/client’s interest
 Duty to the employer/client vs duty to the public
 Professional environment and development
- recognition of the code of ethics by the employer as necessary to support professionals in their work
and career
3. Relations with Other Professionals and Non-Professionals; Business Practices
 Roles of technicians, technologists, scientists in multidisciplinary teams
 Respect and consultation with other professions
 Reviewing the work of another professional
 Need to consult with experts outside of own field of practice

40. 4. Statutory and Non-Statutory Standards and Codes of Practice
 Professional, legal, social
 Generally accepted professional practices
 Finality and interpretation
 Limitation of standards
 The role of standards (international, national, government)
 Legal authority responsible for codes (provincial, national, municipal)
 Application of codes and standards
 Standard and code setting bodies
5. Risk Management, Insurance, Quality Management and Due Diligence
 Risk Management
- General principles and benefits (basic requirement of public protection)
- Legal framework (general)
- Overview of current methods of analysis
 Risk assessment
 Hazard identification
 Types of hazards
 Types of risks
 Analysis and estimation
 Evaluating the risks
- Risk management for professional practice
- Transfer, retention and monitoring of risk
- Hazard reduction and failure analysis
- Case studies

41.  Insurance
- Commercial general insurance (purpose)
- Professional errors and omissions insurance
 Purpose – what is covered
 Statute of limitations – retroactive date
 Compulsory vs optional (where so)
 Corporate vs individual
 Consultant vs employee
 Quality Management
5. Risk Management, Insurance, Quality Management and Due Diligence
- General principles (basic requirement of public protection)
- Legal framework (general)
- Overview of quality management standards
- Application to professional practice
 Management of technical quality
 Communication and records
 Due Diligence
- Concept and requirements
- Concepts of foreseeability, preventability, controllability

42.  Understanding environmental and sustainability issues in the field of
expertise
 Use of environmental or sustainability specialists when necessary
 Application of professional and responsible judgment to environmental and
sustainability considerations
 Ensuring that environmental planning and management are implemented
 Consideration of environmental costs when evaluating the economic viability
of projects
 Recognition of the value of environmental efficiency and sustainability
 Responding to environmental concerns in a timely fashion
 The desire to meet or exceed regulatory environmental and sustainability
requirements
 Working with others to improve environmental understanding and
sustainability practices
 Examples and case studies
6. Environmental Responsibilities and Sustainable Development
As considered from a non-politicized perspective.

43. 7. Use of Software, Computers and Internet-based Tools; Liability for Software Errors
 Validation of (analysis and design) software
- Responsibility for the outputs of software
 The role of computers in professional practice
 Respect of copyright law: software piracy and plagiarism
 Computer system security from the perspective of licensed professionals
 Internet ethics (harassment, courtesy, "netiquette")
8. Document Authentication and Control
 Authentication of documents
 Use of stamp or seal, verification stamps
 Electronic authentication of documents
 Review of documents
 Document revision control
 As-built drawings – responsibility for
 Record keeping and turning over records when required
 Preservation of records in a usable format (8" floppies, faded paper, etc.)
 Responsibility for control of personal stamp or seal

44. 9. Duty to Inform; Whistleblowing
10. Communication
 Legal, Ethical, and Practical Aspects of Communication
- Benefits and problems of internet based communications
- Issues concerning electronic documents and records
- Proper use of the professional title
 The Professional Relationship
 Communication Skills (meta aspects)
- Important aspects of technical writing and reports
- Important aspects of presentations
- Oral communication
- Technical writing
- Internet communication
- Languages
 To clients or employers, regulatory agencies, the public
 Communicate openly, honestly and truthfully (the WHOLE story)
 Whistleblower protection

45. IV. Law for Professional Practice
1. The Rwandan Legal System
 The wandan Constitution
 The Rwandan court system
 The creation of law
 Common law – what it is and where it applies
- case law and the role of precedent
 Civil Code in Rwanda– as compared to Common Law
 Claims and disputes
 International law
 Some additional items
- Types of law: private vs public, criminal law, civil law, administrative law
- Constitutional framework
- Charter of Rights and Freedoms

46. 2. Contract Law - Elements, Principles, and Applications
 Essential elements of contracts
- General principles of contract formation – invitation to treat, offer, acceptance
- Consideration
 Agreements to agree, letters of intent, memorandum of understanding
 Amendment of contracts
 Waiver and estoppel
 Quantum meruit
 Breach of contract
 Remedies for breach of contract; damages
 Termination of contract
 Repudiation and anticipatory breach
 Principles of interpretation of contracts
 Agency and authority
 Using contractual terms to manage risk
- Changed circumstances
- Conditional agreements
- Limitation of liability clause
- Exemption clause
- Liquidated damages clause
- Transfer of risk and obligation
- Indemnification clauses

47. 2. Contract Law - Elements, Principles, and Applications
 Misrepresentations and important mistakes
 Selected contract topics and issues
- Procurement approaches and methods
- The formal tendering and bid process
- Qualifications based selection (QBS) in hiring consultants
- Project delivery
- International and interprovincial trade agreements
- Requirements of writing for certain contracts to be enforceable (statute of frauds)
 Specific types of contracts
- Common and standard clauses
- Standard form contracts
- Fixed price; time and charges, unit rate, etc.
- Professional service agreements
- Licensing agreements
- Design and build

48. 3. Civil Law in Rwanda
 Contracts (conditions of formation of contracts, interpretation of contracts, effects of contracts)
 Civil liability (conditions of liability, contractual liability, extra-contractual liability, modalities of
obligations: solitary, joint, divisible and indivisible)
 Performance of obligations (right to enforce performance, default, specific performance, resolution or
termination of contacts, extinction of obligations)
 Contract of enterprise or for services (nature and scope of the contract, rights and obligations of the
parties)
4. Business, Employment, and Labour Law
 Business organizations: forms, advantages and disadvantages
 Labour Law
 Employment Law
- Implied terms
- Restrictive covenants
- Employment standards legislation
- Termination
- Independent contractor vs. employee
 Human rights in the context of employment
- The Charter of Rights and Freedoms

49. 6. Dispute Resolution
 Litigation
 Arbitration
 Negotiation
 Mediation
7. Intellectual Property (Patents, Trade Secrets, Copyright, Trademarks); Intellectual Property Issues
 Patents
 Trade Secrets
 Copyright
- As related to professional designs and documents
- In relation to Software
 Trademarks
 Intellectual Property Issues
- Software issues
- The creation and ownership of intellectual property
 Assignment and licensing
 Consultant versus employee

50. V International Law
 Trade agreements
 Human rights
 Environmental
 Laws of jurisdiction
 Applicability of code of ethics, Rwandan Organisation of Land Surveyor, regulations and bylaws
 International treaties and organizations (tax, goods)
 Registration requirements (licensure), codes, laws, regulations,
 Work permits
VI. Environmental Law
 Jurisdiction
 Environmental offences
 Duty to report
 Site assessments and audits
 The environmental assessment process

51. V. Professional Law
1. The Acts, Regulations, and Bylaws of Provincial and National Associations
 Self-regulation; the associations
 The acts, regulations and other laws
 Right to title
 Definitions of engineering and geosciences
 Scope of practice
 The role of Engineers and Geoscientists organizations
2. Admission to the Professions
 Meaning of licensure
 Registration
- Experience
- Academics
- Examinations
 international agreements
 Licensing of Corporations
- Permit to Practice, Certification of Authorization, for consultants and firms.
3. Illegal Practice, Enforcement Against Unlicensed Practice, and Misuse of Title
 Practice related
 Title related
4. Professional and Technical Societies
 Purpose and benefits
 Comparison with the regulatory associations

52. VI. Regulation of Members & Discipline Processes
1. Discipline Procedures
 Unprofessional conduct
 Unskilled practice
 Purpose, procedure, consequences
 Response to complaints (from clients, public, fellow members, etc.)
 Response to unethical or unskilled practice
 Consequences of unethical practice or unskilled practice
2. Practice Review of Individuals
 Purpose, procedure, consequences
3. Practice Review of Firms
 Purpose, procedure, consequences
4. Continuing Professional Development
(The common high level requirements across all engineering and geoscience
associations in Rwanda)
 Purpose
 Requirements

53. The surveying profession
• Surveyors must have a thorough knowledge of algebra, basic
calculus, geometry, and trigonometry. They must also know
the laws that deal with surveys, real property, and contracts.
• Most jurisdictions recognize three different levels of
qualification:
• Survey assistants or chainmen are usually unskilled workers
who help the surveyor. They place target reflectors, find old
reference marks, and mark points on the ground. The term
'chainman' derives from past use of measuring chains. An
assistant would move the far end of the chain under the
surveyor's direction.
53

54. The surveying profession
• Survey technicians often operate survey instruments, run
surveys in the field, do survey calculations, or draft plans. A
technician usually has no legal authority and cannot certify his
work. Not all technicians are qualified, but qualifications at
the certificate or diploma level are available.
• Licensed, registered, or chartered surveyors usually hold a
degree or higher qualification. They are often required to pass
further exams to join a professional association or to gain
certifying status. Surveyors are responsible for planning and
management of surveys. They have to ensure that their
surveys, or surveys performed under their supervision, meet
the legal standards. Many principals of surveying firms hold
this status.
54

55. Licensing
• Licensing requirements vary with jurisdiction, and
are commonly consistent within national borders.
Prospective surveyors usually have to receive a
degree in surveying, followed by a detailed
examination of their knowledge of surveying law and
principles specific to the region they wish to practice
in, and undergo a period of on-the-job training or
portfolio building before they are awarded a license
to practice. Licensed surveyors usually receive a post
nominal, which varies depending on where they
qualified. The system has replaced older
apprenticeship systems. 55

56. Licensing
• A licensed land surveyor is generally required
to sign and seal all plans. The state dictates
the format, showing their name and
registration number.
• In many jurisdictions, surveyors must mark
their registration number on survey
monuments when setting boundary corners.
Monuments take the form of capped iron
rods, concrete monuments, or nails with
washers. 56

57. Role of surveying professional body
• Licensing/ registration of the members;
• Elaboration of the code of conduct;
• Capacity building of the members;
• Advocacy for the profession;
• Protection of the profession;
• Handling disciplinary and professional cases of
the members that may hinder the profession;
• Communicating to members information
related to the development of the profession.57

58. Surveying regulatory institutions
• Most countries' governments regulate at least some
forms of surveying. Their survey agencies establish
regulations and standards. Standards control
accuracy, surveying credentials, monumentation of
boundaries and maintenance of geodetic networks.
Many nations devolve this authority to regional
entities or states/provinces. Cadastral surveys tend
to be the most regulated because of the permanence
of the work. Lot boundaries established by cadastral
surveys may stand for hundreds of years without
modification.
58

59. Surveying professional institutions
• Most jurisdictions also have a form of
professional institution representing local
surveyors. These institutes often endorse or
license potential surveyors, as well as set and
enforce ethical standards. The largest
institution is the International Federation of
Surveyors (Abbreviated FIG, for French:
Fédération Internationale des Géomètres).
They represent the survey industry worldwide.
59

60. Surveying related Professional
institutions
• Building surveying
• Most English-speaking countries consider building surveying a distinct profession.
They have their own professional associations and licensing requirements. Building
surveyors focus on investigating the condition of buildings as well as legal
compliance work.
• Cadastral surveying
• One of the primary roles of the land surveyor is to determine the boundary of real
property on the ground. The surveyor must determine where the adjoining
landowners wish to put the boundary. The boundary is established in legal
documents and plans prepared by attorneys, engineers, and land surveyors. The
surveyor then puts monuments on the corners of the new boundary. They might
also find or resurvey the corners of the property monumented by prior surveys.
• Cadastral surveyors often have to work around changes to the earth that obliterate
or damage boundary monuments. When this happens, they must consider
evidence that is not recorded on the title deed. This is known as extrinsic
evidence.
60

61. Surveying law
6.1. Definition
Surveying law refers to the application
of laws applying to the practice of surveying.
Surveying law is the study of how ethics and
legal frameworks should be adopted to
ensure client and public safety surrounding
the practice of surveying.
61

62. Surveying law (Cont’d)
6.2. Key topic areas for surveying law are:
• Ethics, professional misconduct, negligent practice and gross negligence
• Tort law is integral to assigning blame and penalties after surveying failures
• Contract law is the promissory basis for the vast majority of surveying
projects
• Intellectual property protection, which includes patents, copyrights, trade
secrets and integrated circuit topographies.
• Safety legislation codes, and regulations, which includes plant safety, risk
management, the electrical code and food safety
• Standards and certification, which can be product or system specific
constraints on design and testing processes often imposed for health and
safety reasons.
62

63. Surveying professional contract
What is it?:
• Professional contracts, also known as professional services
contracts or personal services contracts, are agreements entered
into by organizations and their contractors to provide specialized
services, normally for a short time. Such services include legal
services, technical advice, feasibility studies, etc.
• The agreement is signed when one party procures the services of
another and it states the benefits, responsibilities, and rights of both
parties. The contract also puts in place safeguards to prevent the
violation of the terms of the agreement.
63

64. Surveying professional contract
(Cont’d)
Contract management
• Contract is not just money but service;
• Key elements of a contract:
 Identity of the contracting parties;
 Objective of the contract;
 Required specificities;
 Commitment of each parties
 Conditions of contract execution;
 Specifications of the legal authority;
 Conditions of contract termination. 64

65. Surveyors code of conduct/ ethics
• Definition
• Role (to protect the public, to avoid charlatanism, to
protect contract, to protect the profession);
• Key elements :Code of ethics identifies a specific
precedence with respect to the surveyor’s
consideration for the public, clients, employers, and
the profession.
• Sample of Surveying code of Ethics (see word doc)
65

66. Conclusion
 A professional land surveyor is not just a
technician;
 Land surveying profession is very sensitive;
 Amateurism is not allowed for professionals;
 Protect your profession, you protect your
future;
 Service before profit, profession before
advantage, public welfare above all.
66