Boat Dock Private Property Laws In Ontario: What's The Verdict?

In Ontario, boat docks are considered private property. A Supreme Court ruling in 2015 stated that, in accordance with the Public Lands Act, a provincial permit is required for structures built over Crown lands, including docks and boathouses. However, there are exceptions to this rule. The Federation of Ontario Cottagers' Associations (FOCA) has clarified that a permit is not necessary for small docks and single-storey boathouses that occupy 15 square meters or less of shore lands. The Better for People, Smarter for Business Act, 2019, further amended the Public Lands Act, allowing docks and single-storey boathouses on Crown land without the need for a permit. While boat docks are generally private property, there may be instances where fishing is permitted in the surrounding waters, depending on local regulations.

Floating docks and single-storey boathouses don't need work permits

In Ontario, floating docks and single-storey boathouses are considered "low-risk occupations of public lands" and therefore do not require a provincial work permit. This regulation was passed in 2019 as part of the province's Better for People, Smarter for Business Act, which amended the Public Lands Act to simplify the process of building small docks and boathouses.

This change was the result of advocacy efforts by the Federation of Ontario Cottagers' Associations (FOCA), which argued that the previous permitting structure was confusing and unreasonable for small structures. FOCA rallied waterfront owners to write to the Minister of Natural Resources and Forestry (MNRF), and by the end of 2016, the province had begun to amend the regulations.

However, it's important to note that some dock and boathouse structures may still be subject to municipal zoning or building bylaws, federal regulations, or other requirements. For example, in the Town of Gravenhurst, a work permit is required for the construction of docks and single-storey boathouses occupying more than 15 square meters. Additionally, permits are required for structures that physically touch more than 15 square meters of shore lands.

Therefore, while floating docks and single-storey boathouses do not require a provincial work permit, it is essential to check for any other applicable regulations or permits that may be required before beginning construction.

Structures exceeding 15 sq. m. on the waterbody bed require a permit

In Ontario, if you're planning to build a structure on a waterfront, you'll need to be mindful of the various permits and regulations that apply, especially if your structure will exceed 15 square metres. Here's a detailed guide to help you navigate the process:

Permits for Structures on Waterfront Property

Firstly, it's important to understand the distinction between structures that are built on shore lands and those that are built on the waterbody bed. In Ontario, if you're constructing a dock or boathouse that occupies more than 15 square metres of shore lands, you'll need to obtain authorization under the Public Lands Act. The area occupied is typically calculated based on the perimeter of the structure. This requirement was clarified by a 2015 ruling from the Ontario Superior Court of Justice, which specified that a permit is indeed necessary for structures built over Crown lands, such as lakes.

Provincial Work Permits

If your planned structure will physically touch more than 15 square metres of the lake bottom or waterbody bed, you will need to obtain a provincial work permit. This applies to structures like fixed docks, boathouses with cribs, and swim rafts. On the other hand, floating docks, boathouses with cribs less than 15 square metres, and swim rafts do not require these work permits.

Municipal Zoning and Building By-Laws

It's important to note that your project may also be subject to municipal zoning or building by-laws. These regulations can vary from one municipality to another, so it's crucial to check with your local authorities. Some municipalities have specific bylaws regarding dock size and the construction of on-water structures.

Federal Regulations

Additionally, if your property is located along specific waterways like the Trent-Severn or Rideau Waterways, it will be subject to federal regulation. This means you'll need to comply with additional requirements beyond the provincial regulations.

Application Process

To initiate the formal application process for a permit under the Public Lands Act, you should contact your local Ministry of Natural Resources and Forestry (MNRF) District Office. They will guide you through the necessary steps and requirements.

In summary, while smaller docks and boathouses may be exempt from certain permitting requirements, structures exceeding 15 square metres on the waterbody bed will generally require a permit. Be sure to consult the relevant authorities and thoroughly research the regulations applicable to your specific project before commencing any construction on waterfront property in Ontario.

The impact on fish habitat and spawning areas is considered

The impact on fish habitat and spawning areas is a key consideration when building docks and boathouses in Ontario. According to the Ministry of Natural Resources (MNR), floating docks and single-story boathouses do not require work permits. However, structures where the total surface area of cribs or other solid supporting structures exceeds 15 square meters on the bed of the waterbody do require a permit. The MNR will review applications for larger structures, assessing their potential impact on fish habitat and spawning areas. Solid structures are considered to have a greater impact on the lake bed and fish habitat compared to floating docks or post-and-pole supports.

To minimize the impact on fish habitat and spawning areas, it is important to follow regulations and obtain the necessary permits. Additionally, when building docks and boathouses, it is crucial to ensure that the structures do not impede on neighbors' right of access to the lake or river.

In certain cases, federal regulations may also apply, especially when fish habitat and spawning areas are a concern. The Department of Oceans and Fisheries may need to be consulted for projects that could potentially impact these sensitive areas.

Overall, the construction of docks and boathouses in Ontario must take into account the potential impact on fish habitat and spawning areas, with measures in place to minimize any negative consequences.

Neighbours are consulted to ensure their access rights are not impeded

In Ontario, the construction of a new dock or boathouse on a lake or river, which is considered public land, is subject to provincial regulations and work permit requirements. The Ministry of Natural Resources (MNR) has outlined that floating docks and single-story boathouses do not require work permits. This also applies to docks and boathouses supported by posts, poles, or stilts, or a combination of floating features and supports that do not exceed 15 square meters on the bed of the waterbody.

However, for docks and boathouses where the total surface area of cribs or other solid supporting structures exceeds 15 square meters on the waterbody bed, a work permit is necessary. The MNR conducts site-specific reviews for such projects, including an assessment by a ministry biologist, lands specialist, and area supervisor. The biologist determines the potential impact on fish habitat and spawning areas, while the lands specialist ensures that the proposed structures do not impede neighbours' right of access to the lake or river.

To ensure neighbours' access rights, the MNR interviews neighbouring property owners. This proactive step is taken to address any concerns or issues before the structure is built, maintaining open communication and addressing any potential access right issues. By consulting neighbours, the MNR can help prevent disputes and ensure that the construction project complies with regulations regarding access rights.

The MNR provides information and guidance to waterfront property owners, helping them navigate the complex web of regulations and permits. They offer fact sheets and direct assistance from their specialists, ensuring that property owners have the necessary knowledge to make informed decisions about their projects.

Some areas have additional restrictions, such as Clearwater Bay

In Ontario, boat docks and boathouses are subject to various regulations and restrictions. Generally, floating docks and single-story boathouses do not require work permits. However, certain areas, such as Clearwater Bay, have additional restrictions in place due to environmental concerns.

Clearwater Bay, located on Lake of the Woods, is a designated restricted area for development. All construction of cabins, docks, and boathouses in this area requires work permits due to the impact of over-development on water quality and lake trout spawning areas. The Ministry of Natural Resources and the Ministry of Environment imposed a minister's order to restrict development on private property in Clearwater Bay. This restriction is specific to unincorporated areas where municipal regulations regarding multiple habitats on a lot, inappropriate septic and grey water discharge, and shoreline development do not apply.

The regulations for Clearwater Bay aim to protect the sensitive ecosystem and ensure the sustainability of the lake trout population. It is important for property owners in this area to be aware of the additional restrictions and obtain the necessary work permits before constructing any docks or boathouses.

In other parts of Ontario, the regulations for docks and boathouses may vary. While some small docks and single-story boathouses are exempt from provincial permits, larger structures or those in specific areas may still require permits and be subject to municipal zoning or building bylaws. It is essential for waterfront property owners to consult with the Ministry of Natural Resources staff and local authorities to understand the specific regulations and restrictions applicable to their area before proceeding with any construction or repairs.

Overall, the regulations and restrictions on boat docks and boathouses in Ontario, including in areas like Clearwater Bay, aim to balance the needs of waterfront property owners with the protection of the province's natural resources and ecosystems.

Frequently asked questions