Great Lakes Shoreline Right of Passage Act, 2015 Gates, Wayne — Bill 118 (41st Parliament, 1st Session)

Bill 118, 41-1

Ontario — Bills

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Bill 118, Great Lakes Shoreline Right of Passage Act, 2015

Gates, Wayne

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[41] Bill 118 Original (PDF)

Bill 118 2015

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:

Interpretation

(1) In

this Act,

"high

water mark" means the mark on the shore of a lake where the presence and action

of water is so continuous as to leave a distinct mark either by erosion,

destruction of terrestrial vegetation or other easily recognizable characteristic.

Same

(2) In this Act and the regulations, a

reference to the Great Lakes includes the St. Lawrence River and the connecting

channels of the Great Lakes.

Right

of passage

(1) Except

as otherwise provided in this Act, any person may exercise a right of passage

along the shoreline of any Great Lake between the water's edge and the high

water mark.

Limitations

(2) The right of passage along the

shoreline is limited to a right of passage 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 purpose other than passage on foot or by

other non-motorized means; or

(

b) a

right of access to the shoreline.

Assumption

of risks

(1) Subject

to subsection (2), a person who is exercising his or her right of passage along

the shoreline of a Great Lake assumes any risks associated with that passage.

Duty

of care

(2) A person who has an interest in the

shoreline of any Great Lake 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 intention of doing harm or damage to the person or

his or her personal property; and

(

b) to

not act with reckless disregard for the presence of the person or his or her

personal 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 this Act creates a right of passage, nothing in this Act

interferes with property rights along the shoreline of the Great Lakes.

expropriation or injurious affection

6. Nothing

in this Act or the regulations and nothing done in accordance with this Act or

the regulations constitutes an expropriation or injurious affection for the

purposes of the Expropriations Act .

Offence

(1) No

person shall interfere with the right of passage along 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 structure or class of property or structure from the

application of this Act;

(

b) prescribing

rules of conduct for persons exercising the right of passage provided for by this

Act;

(

c) respecting

any matter that is necessary or advisable for carrying out the purposes 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, 2015 .

EXPLANATORY

NOTE

The

Bill creates a right of passage along the shoreline of the Great Lakes between

the water's edge and the high water mark. The right is limited as specified in

the Bill.

Date Bill stage Activity Committee

September 17, 2015

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

September 17, 2015

Second Reading

Carried on division

September 17, 2015

Second Reading

Debate

September 15, 2015

First Reading

Carried

Debates and Progress

First Reading

September 15, 2015

Committee

Second Reading

September 17, 2015

Mr. Wayne Gates, Hon. James J. Bradley, Mrs. Julia Munro, Ms. Cindy Forster, Ms. Sophie Kiwala, Mr. Jack MacLaren, Mr. Percy Hatfield, Ms. Ann Hoggarth, Mr. Michael Mantha

September 17, 2015

Carried on division. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 118, 41-1
Type	bill
Volume / chapter	p41 s1 bill 118 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0a42e4be20569b6112f794d23d13ad9a4d090f81

Source file is stored in the law ingest library (html).