2016-Mar-14
Bill 118, Great Lakes Shoreline Right of Passage Act
Bill 118 is a Private Member’s Bill that has passed Second reading in the Ontario Legislature and is being reviewed in advance of possible Third Reading. Some GBA members have contacted GBA to ask if they should be concerned with the impact of this Bill on their properties. Here is our review and response;
Upon review, it would seem that this Private Members Bill is similar to ones that have been put forward unsuccessfully in the past. These Bills have been motivated by situations in parts of the Great Lakes where private properties front on beaches (ie in Wasaga, Tiny Township etc). Owners of some of these beach front properties have had a long standing fight with people who insist on walking along the shorelines assuming that the beach is a public throughway. In worst case scenarios vehicles are driven along these beaches. In other situations dog owners allow their dogs to roam up onto private property to do their business. We have heard of a situation where people set up umbrellas and chairs on the beach in front of private property. In reaction to these intrusions at least one property owner built a fence down his property lines, across the beach and out into the lake. This fence was removed by irate beach users. The Private Members Bill is an attempt to address these types of situations by enabling beach walkers access to beaches from the water’s edge to the high water mark and preventing property owners from blocking such transient foot traffic. We are not sure that this is a matter that requires more Provincial oversight than currently exists under Bill 36, Respecting Private Property Act, 2014 (aka the Trespass Act) which is enforced by the OPP. We suspect that this will be the conclusion of the Legislature and will result in the defeat of this Private Members Bill.
Regardless, even if passed, we don’t think the Bill would have any significant impact on eastern Georgian Bay properties as these properties don’t have beach foot traffic issues. And given that the Act specifically states “The right of passage does not include a right to use the shoreline for any purpose other than passage on foot or by other non-motorized means” we do not believe that this exposes property owners on our part of the Bay to a risk that boaters would be able to use the Act to enable them to tie up to private property and use the shoreline.
If given the chance the GBA will make a deputation to the Committee of the Legislature who may review this Bill to oppose it.
