Policy No. PL 2.02.02
OWNERSHIP DETERMINATION - BEDS OF
NAVIGABLE WATERS
Date Issued
February 26, 2007
Based on the Canoe Ontario ruling, the Ministry of Natural Resources, in addition to considering the above noted seven conclusions, will be guided by the following key points when making navigability decisions for administrative purposes:
1. For purposes of determining navigability, the Ministry position will only be finalized after considering the issue of navigability from the perspective of both the date of inspection and the date of letters patent. The necessity to consider navigability from both perspectives arises because the courts have historically considered navigability at the date of the grant, but it is possible, but not certain that future decisions will reflect only the current situation
2. Navigability depends on "public utility".
3. Public utility means actual or potential commercial or recreational use, or other
"socially beneficial activity".
4. Generally, the waterway should run from one point of public access to another point of public access.
5. Seasonal limitations do not detract from navigability as long as there is some use (or potential use) which is regular and which has practical value.
5.0 References
5.1 Legal
• Beds of Navigable Waters Act, RSO 1990
• Canoe Ontario vs. Julian Reed (1989) 69 OR 2d 494
• Coleman vs. A.G. For Ontario (1983) 143 DLR (3rd) 608
5.2 Directive Cross References
• PL 2.09.02 Navigation – A Public Right (Bulletin)
Findings of the Canoe Ontario vrs. Julian Reed Case: also applicable to MNR decisions
Justice Doherty accepted the following seven conclusions reached previously in the Coleman Case:
(i) navigability in law requires that the waterway be navigable in fact. It must be capable in its natural state of being traversed by large or small craft of some sort;
(ii) navigable also means floatable in the sense that the river or stream is used or is capable of use for floating logs or log rafts or booms;
(iii) a river may be navigable over part of its course and not navigable over other parts;
(iv) to be navigable, a river need not in fact be used for navigation so long as it is realistically capable of being so used;
(v) a river is not necessarily navigable if it is used only for private purposes or if it is used for purposes which do not require transportation along the river (i.e., fishing);
(vi) navigation need not be continuous, but may fluctuate with the seasons; and
(vii) where a proprietary interest asserted depends on a Crown grant, navigability is
initially to be determined as at the date of the Crown grants
Read About: Money and The Kipawa River, Whitewater Ontario,Les amis de la rivière Kipawa,The Proposed Tabaret River diversion project, Northern Ontario Liquid Adventurers,Canadian Rivers Network The viewpoints and opinions expressed here are those of the author and are not necessarily those of Whitewater Ontario or Les Amis de la Riviere Kipawa. Those groups did not vet these comments and would not likely endorse the views expressed here or the manner in which they have been expressed.
Thursday, March 29, 2007
Priorities for Whitewater Ontario
Whitewater Ontario executive members work well together.
All boaters, slalom and otherwise need moving water.
WO to working towards providing scheduled recreational water releases on the Gull at Minden
With the limits of funding Whitewater Ontario is working to develop improved rodeo features there.
Whitewater Ontario is a supporter of the the Whitewater Park, hosting slaloms, training.
Rodeos, free boat, will benefit from scheduled releases to make stuff happen.
Whitewater Ontario has an awesome resource, and plan on making it better for all.
The same goes for the Tail Race project in Ottawa.
WO is special as it is the sole sport governing body for COMPETETIVE whitewater paddle sport in Ontario.
Whitewater Ontario needs to maximize its exposure, increase usage, promote the
sport, get a focused coaching program, and a dedicated instructional program. This needs to happen in all parts of Ontario.
Whitewater Ontario also needs to deal with the matter of insurance so that racing members do not incurr unecessary costs for non racing members.
All boaters, slalom and otherwise need moving water.
WO to working towards providing scheduled recreational water releases on the Gull at Minden
With the limits of funding Whitewater Ontario is working to develop improved rodeo features there.
Whitewater Ontario is a supporter of the the Whitewater Park, hosting slaloms, training.
Rodeos, free boat, will benefit from scheduled releases to make stuff happen.
Whitewater Ontario has an awesome resource, and plan on making it better for all.
The same goes for the Tail Race project in Ottawa.
WO is special as it is the sole sport governing body for COMPETETIVE whitewater paddle sport in Ontario.
Whitewater Ontario needs to maximize its exposure, increase usage, promote the
sport, get a focused coaching program, and a dedicated instructional program. This needs to happen in all parts of Ontario.
Whitewater Ontario also needs to deal with the matter of insurance so that racing members do not incurr unecessary costs for non racing members.
Its all about Access
Keep in mind that the Kipawa is being altered at the Dam. And the ultimate issue is its proposed diversion by the Tabaret project and the need for EA screening assessments to be open, honest, mitigate significant environmental effects, with due process: a river access issue.
The dam by fluke or design became a world class runnable sluice and remained that way for over 40 years and a key stone to the Kipawa River Rally now in its 21st annual rendition.
The refurbishment which is being contested concerns the new dam, minimum releases (water levels), loss of a significant paddling experience, but ultimately if we can keep the water in the sluice... we can keep the water in the river.
Very few cases like the kipawa come up which are so well documented, in which volunteer group(s) can come together, organize and launch a case. Usually the timing on EA Judicial review is much too tight and people are just to busy or there is simply no money.
The dam by fluke or design became a world class runnable sluice and remained that way for over 40 years and a key stone to the Kipawa River Rally now in its 21st annual rendition.
The refurbishment which is being contested concerns the new dam, minimum releases (water levels), loss of a significant paddling experience, but ultimately if we can keep the water in the sluice... we can keep the water in the river.
Very few cases like the kipawa come up which are so well documented, in which volunteer group(s) can come together, organize and launch a case. Usually the timing on EA Judicial review is much too tight and people are just to busy or there is simply no money.
Instructor Symposium
The Whitewater Ontario Instructor Symposium and Recertification weekend is coming up in April 2007. See attached for details or go to www.whitewaterontario.ca for further information and registration.
Thank you
Whitewater Ontario
1-888-322-2849
905 985-5256 (fax)
Thank you
Whitewater Ontario
1-888-322-2849
905 985-5256 (fax)
How to improve Whitewater Ontario
Attract "FreeBoaters" on the Gull.Build credibility with these "FreeBoaters"
We're watching the numbers shrink, how do we make the membership grow and become a force for river preservation?
We need to do a better job at all of keeping people appraised of
what we're up to what we do over a year and how we're involved with things.
Emphasize the the list of benefits for membership
a new Whitewater Ontario Journal. Improve the website info / Communication.
Meetings: spend more time communicating with
each other in teleconference in a general forum.
Event booklet: Make it more timely: circulate it widely
Website: get more active content
Insurance:
The Kawartha Club has removed itself from affiliation recently not seeing any value in having some insurance policy that only comes into play under very limited circumstances.
We're watching the numbers shrink, how do we make the membership grow and become a force for river preservation?
We need to do a better job at all of keeping people appraised of
what we're up to what we do over a year and how we're involved with things.
Emphasize the the list of benefits for membership
a new Whitewater Ontario Journal. Improve the website info / Communication.
Meetings: spend more time communicating with
each other in teleconference in a general forum.
Event booklet: Make it more timely: circulate it widely
Website: get more active content
Insurance:
The Kawartha Club has removed itself from affiliation recently not seeing any value in having some insurance policy that only comes into play under very limited circumstances.
Bakes sales to fund Judicial Reviews of Environmental Assessments
I have an announcement about a Judicial Review Fund Raiser: Don't you think its inappropriate to have to sell Bakery to challenge decisions made according to the CEAA:
Kipawa Benefit Concert – The Rhino Club Toronto – 31 March 2007 $15
The Kipawa River, history, legacy, environmental gem, whitewater phenomenon…. You could go on about this magnificent natural marvel for some time. That’s just what Les Amis de la Rivière Kipawa has been doing. This determined group has worked tirelessly to protect the River that is heartblood of Temiscaming region.
Whitewater Ontario, Montréal’s whitewater club (CCKEVM), private whitewater organizations and concerned individuals from all over Ontario and Quebec have thrown their weight behind Les Amis. Together, in less than a year, they have raised more than $23k. to support the legal effort aimed at preserving navigation rights on the Kipawa. The estimated remaining legal obligations amount to $7k. Les Ami’s treasurer, François Diebolt says “Les Amis has about $6k in the bank today”. Says Diebolt, “We are close, but remember we still have a rally to run”.
A legal victory will protect a river that is a crucial element of local environment. Lac Temiscaming’s fishery and related business along with cottagers, outfitters and all the natural inhabitants of the region stand to lose a great deal if a diverted Kipawa sterilizes the traditional ecosystems
What is the threat? Hydro Québec and private hydro interests propose to dewater much of the river. The effect would be huge, lost sport fisheries, lost outfitting businesses, lost species and little long-term benefit for the surrounding communities. These communities need a healthy river ecosystem for most of what they have come to know in business and leisure. So the issue is much larger than a few paddlers missing a favourite whitewater run.
That brings us to Saturday night, The Rhino Club, Toronto, the venue of a Les Amis’ special Kipawa Benefit Concert Caledonia, Vacuity and This Crooked Mite are some of the bands who will lead an evening of music and partying. All the proceeds will go to protect the Kipawa River. Members of each band are themselves whitewater enthusiasts and supporters of the Kipawa.. Join them in Saturday and you won’t be disappointed.
http://www.kipawariver.ca
On-line purchases
Peter Karwacki
Application Developer III, Engineering Support
COGNOS INCORPORATED
Office: (613) 738-1338, ext. 3229
Peter.Karwacki@cognos.com
www.cognos.com
Kipawa Benefit Concert – The Rhino Club Toronto – 31 March 2007 $15
The Kipawa River, history, legacy, environmental gem, whitewater phenomenon…. You could go on about this magnificent natural marvel for some time. That’s just what Les Amis de la Rivière Kipawa has been doing. This determined group has worked tirelessly to protect the River that is heartblood of Temiscaming region.
Whitewater Ontario, Montréal’s whitewater club (CCKEVM), private whitewater organizations and concerned individuals from all over Ontario and Quebec have thrown their weight behind Les Amis. Together, in less than a year, they have raised more than $23k. to support the legal effort aimed at preserving navigation rights on the Kipawa. The estimated remaining legal obligations amount to $7k. Les Ami’s treasurer, François Diebolt says “Les Amis has about $6k in the bank today”. Says Diebolt, “We are close, but remember we still have a rally to run”.
A legal victory will protect a river that is a crucial element of local environment. Lac Temiscaming’s fishery and related business along with cottagers, outfitters and all the natural inhabitants of the region stand to lose a great deal if a diverted Kipawa sterilizes the traditional ecosystems
What is the threat? Hydro Québec and private hydro interests propose to dewater much of the river. The effect would be huge, lost sport fisheries, lost outfitting businesses, lost species and little long-term benefit for the surrounding communities. These communities need a healthy river ecosystem for most of what they have come to know in business and leisure. So the issue is much larger than a few paddlers missing a favourite whitewater run.
That brings us to Saturday night, The Rhino Club, Toronto, the venue of a Les Amis’ special Kipawa Benefit Concert Caledonia, Vacuity and This Crooked Mite are some of the bands who will lead an evening of music and partying. All the proceeds will go to protect the Kipawa River. Members of each band are themselves whitewater enthusiasts and supporters of the Kipawa.. Join them in Saturday and you won’t be disappointed.
http://www.kipawariver.ca
On-line purchases
Peter Karwacki
Application Developer III, Engineering Support
COGNOS INCORPORATED
Office: (613) 738-1338, ext. 3229
Peter.Karwacki@cognos.com
www.cognos.com