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Canadian Supreme Court Deems Government Owns Copyright to Surveys  

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hpalmer
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Lets see... my survey, my plat that I was required to file with the province.  Now the province says it owns the copyright to my survey.

If me, I would publish online surveys that I filed for free and ask other surveyors to do same.  I doubt the crown would say they nationalized my work products - or would they?

 

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BStrand
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I don't understand why their government can't simply be satisfied that they have a law on the books requiring surveys become part of the public record.  They demand a copyright on it too?  Unless a government entity was my client for a particular survey I'd tell them to go pound sand.

The company paid the government $1 billion for a 50-year monopoly on registered land surveys...

Huh?  What does this even mean?  Are recorded surveys not available to anyone if they go down to wherever they're stored?

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Norman Oklahoma
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A distinction here is that the government is claiming copyright to the registered version of the survey. Presumably the surveyor retains copyright of the unregistered version and the data.

  

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BStrand
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What does registered mean?  Same as recorded?

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Norman Oklahoma
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@bstrand

In Canada a surveyors boundary survey map must be prepared to specified standards. The Registrar reviews the survey for compliance and will make a judgement about the resolution. If the registrar does not agree with the surveyors resolution, or the map is not in compliance with CAD standards, he will demand changes. If the changes are not made the map will not be registered. But once the map and survey are registered, the boundary monuments are the lawful corners, not just the surveyors opinion. If some person has a problem with them, they can sue the registry, but not the landowner or the surveyor. In other words, the government registry has a lot of say about what goes on the survey, but they also end up with the responsibility. And the private surveyor is basically an agent of the registry.    

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BStrand
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@norman-oklahoma

How can the registrar make a judgement about the resolution if they didn't do any of the fieldwork?

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Norman Oklahoma
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@bstrand

Same way we all do when we see the survey of another, I suppose. 

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Paul in PA
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Is it by statute a Torrens System? Or by custom and use?

Paul in PA

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Norman Oklahoma
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@paul-in-pa

My personal experience is confined to British Columbia. B.C. is Torrens System. I  believe that the other provinces are also. Such a thing could not possibly exist solely by tradition and custom.

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