Great Lakes Shoreline Right of Passage Act, 2012 Craitor, Kim — Bill 103 (40th Parliament, 1st Session)

Bill 103, 40-1

Ontario — Bills

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Bill 103, Great Lakes Shoreline Right of Passage Act, 2012

Craitor, Kim

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[40] Bill 103 Original (PDF)

Bill 103 2012

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, 2012 .

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

June 6, 2012

First Reading

Carried

Debates and Progress

First Reading

June 6, 2012

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 103, 40-1
Type	bill
Volume / chapter	p40 s1 bill 103 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	cb72a2d32368a77dfdf8bd55a80713fa6fe4af65

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