Bill 43 2008

An Act to create a right of passage along the shoreline of the Great Lakes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

   1.  In this Act,

"high water mark" means the mark on the shore where the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognized characteristic.

Right of passage

   2.  (1)  There is reserved to the public a right of passage to permit passage along the shoreline of any Great Lake between the shore of the lake and the high water mark.

Limitations

   (2)  The right of passage is limited to the right of passage along the shoreline on foot or by other non-motorized means and does not include a right of passage by means of a vehicle or other motorized form of transportation. 

Same

   (3)  The right of passage does not include,

  (a)  a right to use the shoreline for any purposes other than passage on foot or by other non-motorized means; or

  (b)  a right of access to the shoreline.

Assumption of risks

   3.  (1)  Subject to subsection (2), a person who is exercising his or her right of passage along the shoreline of a Great Lake is deemed to have assumed all risks associated with that activity.

Duty of care

   (2)  A person who has an interest in the shoreline owes a duty to a person who is exercising his or her right of passage along the shoreline,

  (a)  to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property; and

  (b)  to not act with reckless disregard of the presence of the person or his or her property.

Conduct

   4.  A person who is exercising his or her right of passage along the shoreline of a Great Lake shall do so in compliance with any rules of conduct that may be prescribed by regulation.

Existing property rights

   5.  Except to the extent that a right of passage is reserved, nothing in this Act interferes with property rights along the shoreline of the Great Lakes.

No expropriation or injurious affection

   6.  Nothing done or not done in accordance with this Act or the regulations constitutes an expropriation or injurious affection for the purposes of the Expropriations Act.

Offence

   7.  (1)  No person shall interfere with the right of passage to the shoreline of the Great Lakes.

Penalty

   (2)  A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Regulations

   8.  The Lieutenant Governor in Council may make regulations,

  (a)  exempting any property or class or property from the application of this Act;

  (b)  prescribing rules of conduct for persons exercising the right of passage reserved under this Act;

   (c)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Commencement

   9.  This Act comes into force on the day it receives Royal Assent.

Short title

   10.  The short title of this Act is the Great Lakes Shoreline Right of Passage Act, 2008.

EXPLANATORY NOTE

The Bill reserves a right of passage along the shoreline of the Great Lakes between the shoreline and high water mark.  The right is limited as specified in the Bill.