Association of Ontario Land Surveyors
1043 McNicoll Avenue
Telephone: 416-491-9020, x29
Toll Free: 1-800-268-0718, x29
Right of Entry
The following is an excerpt from AOLS Members Bulletin 2005-01 and represents Association Policy concerning the right to enter private property.
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.
Section 1 of the Surveys Act defines surveyor as: "surveyor" means an Ontario land surveyor licensed under the Surveyors Act.
Section 21 defines the Complaints Committee.
The AOLS recommends to its members that they attempt to contact the owner or occupant before entering a property. This is not always possible or practical, and the surveyor may have to complete the work without advising the owner. Surveyors or their employees are expected to identify themselves or provide contact information for the surveyor if requested to do so.
Right of entry does not allow right of anonymity. Persons must identify themselves accurately when asked. The project manager or party chief should be equipped with business cards and door hangers. If your vehicle is not identified with permanent corporate logo and coordinates, ensure that identification information is placed in the vehicle where visible. Right of entry does not necessarily allow right of entry for vehicles and parking of vehicles on property.
Representatives of Ontario Land Surveyors should consider themselves as proxies of the Ontario Land Surveyor and behave in a professional manner in speech, actions and personal appearance. The well-kept appearance of the vehicle in which the field crews arrive is also important to creating impressions of professionalism in the field. Answers to questions should be polite and respectful.
Right of entry does not preclude right of the person to privacy and safety of their property. When exiting a site, it should be left the way it was found in appearance. Temporary markers left on site should be explained to owners and permission asked to leave them until crews return to complete the work.