DISCIPLINE DECISIONS
IN THE MATTER OF THE LAND SURVEYORS ACT, R.S.B.C 1996, c. 248, as amended PURSUANT TO SECTIONS 60, 61, 62, 63 AND 64 OF THE LAND SURVEYORS ACT, and the BYLAWS OF THE ASSOCIATION OF BRITISH COLUMBIA LAND SURVEYORS Re: Thomas Hoyt, British Columbia Land Surveyor Date & Place of Hearing
Sidney, British Columbia, Video-conference, 7 July, 2020
Board Disciplinary Panel
Chair – David Rutherford, Cristin Schlossberger, Abigail Fulton, Dan Machon, David Swaile
Representing the Association of British Columbia Land Surveyors
Scott Netherton for the Complaint Inquiry Committee
DECISION OF THE BOARD OF MANAGEMENT ISSUED 24 JULY 2020 1. Each year, since 2011, Mr. Hoyt has been the subject of a conditional practice review or a conditional plan review. Conditional reviews in 2015 and 2016 were referred to the Practice Advisory Panel and in 2016 Mr. Hoyt was disciplined by the Board. 2. The summons by which this hearing is convened arises out of a 2019 conditional practice review and includes thirty separate allegations that Mr. Hoyt has either breached Bylaw 14.1(b), 14.1(c), or otherwise engaged in conduct that is unprofessional. 3. On referring this matter to the Complaint Inquiry Committee, the Practice Advisory Panel expressed serious concern both with Mr. Hoyt’s practice and his inability to address habitual practice deficiencies. 4. Mr. Hoyt acknowledges, and the Board finds that these failures amount to both breaches of Bylaw 14.1(b) and 14.1(c)(i) and unprofessional conduct. 5. Mr. Hoyt has voluntarily ceased the practice of land surveying. Had Mr. Hoyt not ceased practicing, this Panel would have accepted the recommendation of the Complaint Inquiry Committee, suspending Mr. Hoyt’s right to practice until such time that he successfully completed a professional examination and a professional assessment interview, according to Board Policy 6.11, parts 8.3(a)(ii) and (iii) of the Bylaws, and part 8.3(b) of the Bylaws, and thereafter requiring Mr. Hoyt to submit 30
December 2020 | the LINK
to frequent plan or practice reviews. 6. The Panel is satisfied that potential ongoing risk to the cadastre has been mitigated and the public interest protected, as Mr. Hoyt is no longer practicing. 7. While it would be permissible for the Panel to levy a fine, the abrupt and somewhat ignominious end to Mr. Hoyt’s career should instead serve as a deterrent. 8. The Panel will take steps to ensure that: (a)
Mr. Hoyt does not attempt to re-enter the practice of land surveying in British Columbia and
(b)
Costs associated with this hearing are recovered. DISPOSITION
9. Accordingly: (a)
Mr. Hoyt is hereby censured, according to Sections 60(1) and 60(2) of the Land Surveyors Act;
(b)
Mr. Hoyt’s right to apply for re-instatement as a practicing land surveyor is suspended, permanently, according to section 60(2) of the Land Surveyors Act;
(c)
Mr. Hoyt must pay the costs of this inquiry within
