Great Lakes Shoreline Right of Passage Act, 2011 Craitor, Kim — Bill 32 (39th Parliament, 2nd Session)

Bill 32, 39-2

Ontario — Bills

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Bill 32, Great Lakes Shoreline Right of Passage Act, 2011

Craitor, Kim

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[39] Bill 32 Original (PDF)

Bill 32 2010

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

(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

(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.

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

(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, 2010 .

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.

Date Bill stage Activity Committee

May 5, 2011

Ordered referred to Standing Committee

Standing Committee on Justice Policy

May 5, 2011

Second Reading

Carried

May 5, 2011

Second Reading

Debate

April 13, 2010

First Reading

Carried

Debates and Progress

First Reading

April 13, 2010

Committee

Second Reading

May 5, 2011

Mr. Kim Craitor, Mr. Jerry J. Ouellette, Mr. Michael Prue, Mr. Khalil Ramal

May 5, 2011

Declared carried. Ordered referred to the Standing Committee on Justice Policy.

Committee

Standing Committee on Justice Policy

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 32, 39-2
Type	bill
Volume / chapter	p39 s2 bill 32 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9804ccd05b3bc01fff2e502825c20ffa6a67ecf5

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