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LeXXington

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Posts posted by LeXXington

  1. So who does own the water..

    in General Discussion

    Posted

    Hi All:

     

    When the last post came up about this, I became courious as many people have different views and arguments for and against. I therefore contacted the DFO and the Coast Guard for some guidance.

     

    Please do not treat this as Set in Stone as each situation could be different, Check with your local Harbour Master or coast Guard as there are special "Proclomations"

     

    Below is our e-mail conversation. There is still some area's that have special situations but it might give you some good information. I have removed the e-mails so they do not get flooded with "what if's" but please feel free to access this resourse that your pay for.

     

     

    Good morning Sir: please note, in blue, the Department of Fisheries and Oceans' response to your query.

     

    B. Sue

    Pêches et Océans Canada, 200 rue Kent, Ottawa, Ontario, Canada, K1A 0E6

    Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario, Canada, K1A 0E6

    Gouvernement du Canada/Government of Canada

     

     

    --------------------------------------------------------------------------------

    From:

    Sent: February 15, 2007 1:25 PM

     

    Subject: Re: FW: Who Owns the Water?

     

     

    Thank you for your prompt reply.

    After reading the Navigable Waters Protection Act (Transport Canada) I would like your input on an agreeable understanding.

    To understand our issue, property owners are adding docks then natural and man-made harbours are springing up around them. Area's that use to be excellent fishing area's have had the land surrounding them sold by municipalities for development then the owners of these area's are trying to "Ban" people in boats from fishing in these area's saying they bought the rights from the Municipality. This is access from a boat only never touching the shore, land or property as I understand that this can be sold.

     

    1. All water that is navigationally is open to the Canadian public, this includes harbours that have not had special powers granted too them by the federal government such as port authority established under the Canada Marine Act Right.

     

    2. Where as the water is said to be off limits or by special proclamation by the government. Notices are too posted with the government of Canada or Fisheries. An Example "No fishing" fishing sanctuary by the Ontario government. Right although there could be some nuances to be made.

     

    3. Local citizens can post "No fishing" signs but unless its endorsed by the Ontario or Federal government or a Authority established under the Canadian Marine act this can be considered a request not a law. Not exactly. It really depends on the specific situation. There are situations where there is no need for the government to endorse it. Thanks in advice you can provide.

    Paul

     

     

     

    " Brenda" < wrote:

    Good morning Sir:

     

    No one owns water. It is for the benefit of everyone. But someone could own the bed or the shore - and of course a wharf.

     

    There is a public right to navigate on navigable waterways. As per the Constitution Act, only the Parliament could interfere with this right. This means no one could do anything to stop you from navigating even if they own the bed of the waterway. This being said, the right to navigate does not give someone the right to use someone else property. One needs to distinguish between "access" and "navigation". Although there is a public right to navigate, if a waterway such as a lake is surrounded by private properties, there is no right to access the lake. Also, if the shore, a wharf or any other facility is privately own, it is perfectly legal to control use of those facilities. Owners of those facilities are not supposed to interfere substantially with navigation though. Navigable Waters Protection Act (Transport Canada) might be applicable in some cases.

     

    Legislation of fisheries is also with the federal but there is a link with private property. So depending on the circumstances of the case, it might be legal for an individual to indicate "no fishing". Again there is a distinction to be made between legislative jurisdiction and property rights. You may wish to refer to "La FOREST, G.V., Water law in Canada – The Atlantic Provinces, Ottawa, Information Canada, 1973 for more information.

     

    I trust this helps.

     

    B. Sue

    Pêches et Océans Canada, 200 rue Kent, Ottawa, Ontario, Canada, K1A 0E6

    Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario, Canada, K1A 0E6

    Gouvernement du Canada/Government of Canada

     

    --------------------------------------------------------------------------------

    From:

    Sent: February 12, 2007 11:12 AM

    To: XNCR, Min

    Subject: Who Owns the Water?

     

     

    Dear Sir/Madam.

    A Ontario fishing internet board that I read is currently having a lively discussion on a very important topic and we would like some guidance.

    http://www.ofncommunity.com/forums/index.php?showtopic=3302

    We understand that if the water is navigational its "everyone's". The issue we have is with "private" Marina's. In this there are 2 types of Marinas

    The ones that are in natural harbours that a business puts a dock up and say its private "NO FISHING" via bringing your boat in (not touching shore).

    Then there are the type that are built, a channel is dug to the main lake and a harbour is dug out of the land to create a marina.

    There is concern of citizens taking a resource for all and calling it private with many on the municipal level confused as what is and is not true.

    Thanks in advance

  2. Fishing Show & Swill

    in General Discussion

    Posted

    Hey All:

     

    It was great too meet everyone there and hope to meet up with all of you next week :)

     

    Yeap, when I travel I take the herd with me.,, funny thing is I said the fishing show, my wife said hey we are coming too.. Said Ice fishing she tells me when are you leaving...

     

    Guess she worries about me coming home with a new boat.

     

    See you all next week

  14. WHO OWNS THE WATER??

    in General Discussion

    Posted

    Too add fodder to the arguments here,

     

    On Native land (water rights)

    You can travers the water, enjoy it for recreational use but. They own the water for fishing and hunting rights.

     

    I can't seem to find the offical notices but marina's and harbours that are man-made such as dug out might be considered different than ones that are made in the lake.

     

    Thanks

  15. RRSPs - Are You Contributing This Year (NF)

    in General Discussion

    Posted

    Perosnally, I don't think that you should be asking a question like this even if it is an "informal poll".

     

    To ask is fine, to reply is choice?

     

    Anyone that can save for there retirement should. If you think the goverment will cover your fishing bill over 65 its a big wish.

     

     

    Save all year round to balance out savings.. Use the power of compound intrest and never give someone your money without doing your homework first.

     

    For the cost of 2 beer's a week is enough to save..

  19. Hot Question

    in General Discussion

    Posted

    LOL too funny Ray..

     

    been there done that, Bought a 3 year conv licence then reliased that if I wanted more than 2 walleye I needed to get a sport licence so each year I paid again to get the sports. Then was told it was a no-no to have more than one licence. Fine how much to upgrade sorry you can't..

     

     

    Mine is in the old wallet too. along with the boaters card, the Radio licence and the $$ for minows :)

  20. Just got my reward!

    in General Discussion

    Posted

    Thats terrible. Their Loss.

     

    Happened too me too but I quit cause my "Boss" was taking credit for everything I was doing.

     

    4 Months after I left the enitre Managment chain above me was fired casue when you take the person that knows the most, does the most, and works the hardest out.. The pack of cards does fall.

     

    More opportunities just opened up for you!!!

  21. So Nautifish..

    in General Discussion

    Posted

    Looks Guys:

     

    Us Brits need to stick together when fishing..

     

    First get the wellies out, No worries about wet toes...

    the stiff upper lit is due too the cold not social feelings

    If extream cold the navy issues RUM shots so it works for me too.

     

    God Save the Queen, now pass the pint of bitter!!!

     

    looking forward too the reports :)

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