Act to create a right of passage
along the shoreline of the Great Lakes
Majesty, by and with the advice and consent of the Legislative Assembly
of the Province of Ontario, enacts as follows:
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.
(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.
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
The right of passage does not include,
a right to use the shoreline for any purposes other than passage
on foot or by other non-motorized means; or
a right of access to the shoreline.
(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.
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,
to not create a danger with the deliberate intent of doing harm
or damage to the person or his or her property; and
to not act with reckless disregard of the presence of the person
or his or her property.
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.
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
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.
(1) No person shall interfere with the right of passage to the shoreline
of the Great Lakes.
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.
The Lieutenant Governor in Council may make regulations,
exempting any property or class or property from the application
of this Act;
prescribing rules of conduct for persons exercising the right of
passage reserved under this Act;
respecting any matter necessary or advisable to carry out effectively
the intent and purpose of this Act.
This Act comes into force on the day it receives Royal Assent.
The short title of this Act is the Great Lakes Shoreline Right
of Passage Act, 2007.