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Clipsham Limited has policies in place to manage personal information.
Section 6(1) of the Surveys Act does allow a licensed surveyor, or a person in the surveyor's employ, while in the performance of a cadastral survey, to enter and pass over the land of any person at any time, or to enter into a building, at a time suitable to the occupant. However, the surveyor is responsible for any damage resulting from his or her actions. The Public Transportation and Highway Improvement Act (S. 6) also grants a right of entry to persons authorized by the Minister of Transportation to carry out work under Part 1 of that Act. Clipsham staff may be unable to introduce themselves to all people in the vicinity of work, but their dress and Clipsham logos on vehicles identify work crews publicly.
Section 1 of the surveys Act defines surveyor as: "surveyor" means an Ontario land surveyor licensed under the Surveyors Act. Note the use of "licensed" which means that section 6 of the Act must also be read as "licensed" and has always been interpreted to be "while making a cadastral survey."
Right of entry does not allow right of anonymity. Persons must identify themselves accurately when asked. The project manager or party chief is equipped with business cards. Our vehicles are identified with a permanent corporate logo and coordinates. Right of entry does not necessarily allow right of entry for vehicles and parking of vehicles on property. Clipsham staff carries readily available corporate identification and project documentation on site.
A plan illustrates a portion of the surveyor's opinion of the extent of title and falls within the definition of an 'artistic work' under Section 2 of the Copyright Act R.S.C. 1985 c. C-42. Copyright is automatically acquired with the creation of the plan.
"Fair use" allows any party to use the plan for reference in a research mode only. It is not "fair use" to use it for benefit in any transaction beyond the time of the preparation of the original plan. Under "fair use", a surveyor or a lawyer has the right to use the information on a plan for title research. The original client has the right to use the plan for private use in accordance with the purpose of the plan. It is not advisable to pass on a photocopy of the SRPR to another party. Without the knowledge of the current status of the land's extent; it may be highly misleading and is a breach of the strict copyright laws of Canada.
A client does not have the right to unlimited use of the plan in subsequent dealings. The client does not have the right to re-use the plan for some other purpose than was originally intended. No-one other than the professional surveyor who prepared the plan has the right to alter the plan. No third party has the right to use a plan for a use not intended at the time of the original opinion's preparation.

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