Navigable Water Act (Quebec) & Trespassing

This is where it's all going on. One can ask for advice or general information or simply chew the fat about fishing tackle, tips, and locations.
User avatar
bl8ant
Silver Participant
Silver Participant
Posts: 521
Joined: Thu Jun 23, 2005 10:57 am
Location: Ottawa

Navigable Water Act (Quebec) & Trespassing

Post by bl8ant »

It's my understanding that if I access a lake that is surrounded by private property by navigating a stream/creek from which I entered on Crown land I am not trespassing. This applies in Ontario but I am wondering if anybody knows if it applies in Quebec.

I know more than a few lakes that are deemed private in la belle province, some of which I am able to paddle in to by entering a creek on from public land. If anyone has information or a link to information on this act or one similar that applies in the Province of Quebec I would appreciate hearing from you.

I am not heading out to pee pee anyone off but I don't mind doing so if I am respecting the law.
Thanks in advance
User avatar
bl8ant
Silver Participant
Silver Participant
Posts: 521
Joined: Thu Jun 23, 2005 10:57 am
Location: Ottawa

Re: Navigable Water Act (Quebec) & Trespassing

Post by bl8ant »

Nova Scotia has an interesting take on the matter

The Angling Act, R.S.N.S. 1967, c. 9, (http://www.gov.ns.ca/legi/legc/index.htm) gives a restricted right of access to anglers to enter upon privately owned land. Section 3 of that Act states:
“Section 3 (1) Any resident of the Province shall have the right to go on foot along the banks of any river, stream or lake upon and across any uncultivated lands and Crown lands for the purpose of lawfully fishing with rod and line in such rivers, streams or lakes.”
User avatar
bcjohnso99
Participant
Participant
Posts: 43
Joined: Wed Sep 01, 2010 10:51 am
Location: Nepean

Re: Navigable Water Act (Quebec) & Trespassing

Post by bcjohnso99 »

To clarify, the stream/creek bed is only considered public access if the waterway is designated as a navigable waterway.

Here is the reply when I asked the government for a list of navigable waterways:

Please contact the MNR District Office that manages your area of interest for a list of navigable waterways. A list of MNR offices and their contact information can be found online at http://www.mnr.gov.on.ca/en/ContactUs/2 ... 79002.html.

Please remember that not all waterbody beds are Crown, some may be private property. Landowner permission is required to access private property under the Trespass to Property Act.

Common access points are at boat launches, adjacent Crown land or from the road allowance where it passes over your water body of interest. A road allowance is 66 feet across or 33 feet from the centre line. Provided you can reach the water within that 33 feet access is only limited to the terrain.


Brian
User avatar
Doug
Silver Participant
Silver Participant
Posts: 896
Joined: Fri Jan 27, 2006 9:58 am
Location: Kingston, Ontario

Re: Navigable Water Act (Quebec) & Trespassing

Post by Doug »

Unless my memory is playing tricks on me, the federal government has amended or plans to amend the federal navigable waters legislation, and it seems to me this was tacked on to the last federal budget. The Ontario Federation of Anglers and Hunters (OFAH) sent members a note about this, given that the new legislation would REMOVE the designation of a bunch of waterways, which would thereby affect public access.

So my point is, I think that the legislation setting out navigable waters is federal, not provincial. (But I stand to be corrected on this, AND the province will be the authority for what is deemed trespass......)

Doug
User avatar
bl8ant
Silver Participant
Silver Participant
Posts: 521
Joined: Thu Jun 23, 2005 10:57 am
Location: Ottawa

Re: Navigable Water Act (Quebec) & Trespassing

Post by bl8ant »

bcjohnso99 wrote:To clarify, the stream/creek bed is only considered public access if the waterway is designated as a navigable waterway.
I thought this might be the case but accessing the water within 33 feet of the centreline of the road is interesting. I can think of one lake right now where cottage owners threaten to call police when people launch canoes roadside.

I to have heard of recent changes to the act and am reading up on it now. Lots to read.
User avatar
cprince
Diamond Participant
Diamond Participant
Posts: 2612
Joined: Sat Sep 13, 2008 7:43 pm
Location: Québabwe
Contact:

Re: Navigable Water Act (Quebec) & Trespassing

Post by cprince »

bl8ant wrote:
bcjohnso99 wrote:To clarify, the stream/creek bed is only considered public access if the waterway is designated as a navigable waterway.
I thought this might be the case but accessing the water within 33 feet of the centreline of the road is interesting. I can think of one lake right now where cottage owners threaten to call police when people launch canoes roadside.

I to have heard of recent changes to the act and am reading up on it now. Lots to read.
Let us know what you find! I have been reading as much as I could... but my Latin is not as good as my Portuguese.

:-)

Craig
User avatar
bcjohnso99
Participant
Participant
Posts: 43
Joined: Wed Sep 01, 2010 10:51 am
Location: Nepean

Re: Navigable Water Act (Quebec) & Trespassing

Post by bcjohnso99 »

bl8ant wrote: I can think of one lake right now where cottage owners threaten to call police when people launch canoes roadside.
Hmmm, everything I have read refers to the "riverbed", "shoreline", property, etc. I don't think any person has a claim to the water. So if you can get into your boat from the shore of public land and as long as you don't touch the bottom, then I can't imagine how you could be legally asked to leave.

Being illegally asked to leave (read: shotgun welcome) is a completely different story :shock:
User avatar
bl8ant
Silver Participant
Silver Participant
Posts: 521
Joined: Thu Jun 23, 2005 10:57 am
Location: Ottawa

Re: Navigable Water Act (Quebec) & Trespassing

Post by bl8ant »

Let us know what you find! I have been reading as much as I could... but my Latin is not as good as my Portuguese.

:-)

Craig
I feel like a child at the little table trying to understand the conversation at the grown up's table.
User avatar
bl8ant
Silver Participant
Silver Participant
Posts: 521
Joined: Thu Jun 23, 2005 10:57 am
Location: Ottawa

Re: Navigable Water Act (Quebec) & Trespassing

Post by bl8ant »

bcjohnso99 wrote:
bl8ant wrote: Being illegally asked to leave (read: shotgun welcome) is a completely different story :shock:
Brandishing a firearm would make a fantastic little video on the phone wouldn't it? Wonder if there are any Kevlar reinforced bulletproof PFDs available to the public I know for a fact that the person I previously mentioned also put up private property signs on public access area of the lake.

The silly part about situations like that (other than breaking the law) is you are angering people that are anonymous to you steps from or from your home address. Like throwing eggs at cars close range from your own driveway.
User avatar
varocamp
Participant
Participant
Posts: 1
Joined: Fri Jun 14, 2013 5:38 am
Location: Missouri

Re: Navigable Water Act (Quebec) & Trespassing

Post by varocamp »

It surely would make a great video and everyone is going to like this!!
User avatar
Kerrazy
Silver Participant
Silver Participant
Posts: 531
Joined: Fri May 24, 2013 4:49 am
Location: Gatineau

Re: Navigable Water Act (Quebec) & Trespassing

Post by Kerrazy »

Kinda in the same vane.
I was in baie MacLaren last night and came off the water around 10:30 and there were bylaw officers from Gatineau, saying I could not be in the park after 10pm. I explained I can fish all night if I wish. But they said as the access is in a park I technically could not retrieve my boat from the launch.
I suspect this would not be heavily enforced, but as I was in the bay I noticed some fool had a fire burning on shore at the launch, which of course caught their eye. Dumb butt. Btw it was not an angler, but someone from the neighbour hood who I am sure just did not know any better. They did not seem malicious, just uninformed.
Just a heads up fellow anglers.
Kerrazy
Kerrazy

"Everyone should believe in something. I believe I'll Go Fishing!"- Thoreau
I'd like to thank my sponsors:
Interac - Be in the Black
Jerry, my neighbour, who foolishly leaves his shed and truck open, so I can try all the latest gear!
User avatar
cprince
Diamond Participant
Diamond Participant
Posts: 2612
Joined: Sat Sep 13, 2008 7:43 pm
Location: Québabwe
Contact:

Re: Navigable Water Act (Quebec) & Trespassing

Post by cprince »

Kerrazy wrote:... I was in baie MacLaren last night ... I was in the bay I noticed some fool had a fire burning on shore at the launch, which of course caught their eye. Dumb butt. Btw it was not an angler, but someone from the neighbour hood who I am sure just did not know any better...
Not certain how long you have been in the area but, the launch at Bai McLauren has LONG been considered by many fart cannon'ed civic driving, sister mounting, gaped toothed, teen aged mother born Gat-neasions to be The Quebec Riviera. They often block the ramp with a good bonfire made from tires and ski-doo parts to cook their Gatineau Tube Steaks and suntan on the gravel, broken glass and hardly used sanitary napkins.

Be careful not to disturb them while they are in their sanctuary with your petty need to use the launch... as a BOAT LAUNCH.... they will give you the dirtiest of looks and confuse the dickens out of them when you back your vehicle up to them with a trailer attached.

You might want to keep some Wild Cat in the car to distribute to them and their children if you are this far from the 1st of the month they will be a little thirsty. Hurry up and load your boat because they are only cooperative until they get to the bottom of the beer.

Craig
User avatar
Jimmy_1
Diamond Participant
Diamond Participant
Posts: 3332
Joined: Thu May 08, 2008 1:51 pm

Re: Navigable Water Act (Quebec) & Trespassing

Post by Jimmy_1 »

LOL!

Some "interesting" folk in Templeton area.....
User avatar
Kerrazy
Silver Participant
Silver Participant
Posts: 531
Joined: Fri May 24, 2013 4:49 am
Location: Gatineau

Re: Navigable Water Act (Quebec) & Trespassing

Post by Kerrazy »

Craig. To funny.
I am well armed with 50. And Pepsi.
I really appreciate the heads up!!!
Kerrazy

"Everyone should believe in something. I believe I'll Go Fishing!"- Thoreau
I'd like to thank my sponsors:
Interac - Be in the Black
Jerry, my neighbour, who foolishly leaves his shed and truck open, so I can try all the latest gear!
User avatar
bcjohnso99
Participant
Participant
Posts: 43
Joined: Wed Sep 01, 2010 10:51 am
Location: Nepean

Re: Navigable Water Act (Quebec) & Trespassing

Post by bcjohnso99 »

cprince wrote:
...the launch at Bai McLauren has LONG been considered by many fart cannon'ed civic driving, sister mounting, gaped toothed, teen aged mother born Gat-neasions to be The Quebec Riviera. They often block the ramp with a good bonfire made from tires and ski-doo parts to cook their Gatineau Tube Steaks and suntan on the gravel, broken glass and hardly used sanitary napkins.

Craig
That there is some classic CPrince...
Post Reply