Over the last few years, it has become increasingly common for municipalities to provide plans of survey to members of the public, citing the Municipal Freedom of Information and Protection of Privacy Act. The Association and its members are concerned that plans available through this channel will be used inappropriately and result in public harm.
AOLS members have requested that these plans not be released under third-party information provisions, but they have not been successful in preventing this to date in many municipalities due to the lack of expected confidentiality. The notes below may help in rectifying this. It should also be recognized that plans used for public consultation will not be protected. Members' concerns relate specifically to private plans of surveys and not to those that are registered or deposited within the Land Registration System, which are expected to be of public knowledge.
At its July 14 meeting, Council passed a motion recommending that, when submitting plans to municipalities, surveyors add a cautionary note along the following lines:
“This plan has been prepared for client [enter name of client if not confidential, and purpose] and cannot be used by other parties except to the benefit of the client. This plan is to remain confidential, is prepared under copyright and must not be used without the permission of the signing surveyor or the company responsible for the plan.”
or
“This plan has been prepared for the limited use of [enter name of client if not confidential, and purpose] and cannot be used by other parties. This plan is to remain confidential, is prepared under copyright and must not be used without the permission of the signing surveyor or the company responsible for the plan.”
Please note that adding such a note is recommended but entirely optional.