GBA April 10, 2023…

GBA April 10, 2023 submission on ERO 019-6590: Proposal to amend Ontario Regulation 161/17 to the Public Lands Act to change the requirements related to floating accommodations

GBA supports the proposed exclusions, whereby floating accommodations or float homes are not considered as “camping units” and therefore cannot be placed and used for overnight accommodation on water over public land.

We are, however, concerned about the enforceability of this prohibition, on several fronts:
1. In order to ensure that enforcement officers can distinguish between a floating accommodation unit that would be subject to the exclusions, and a vessel with on-board accommodation (i.e. a houseboat) that is not subject to the exclusions, we would recommend that the regulations include the Transport Canada: “Standards for float homes and liveaboard vessels in Victoria Harbour”. In these Transport Canada standards: “a float home means a structure incorporating a flotation system intended for use or being used or occupied for residential purposes not primarily intended for or usable in navigation and does not include a watercraft designed or intended for navigation”. Barges or rafts with residential units or camping facilities should then be clearly identified as falling under this float home definition.
2. What resources will MNRF allocate to ensure that these new regulations are properly enforced?
3. What fines will be imposed for breaches of these regulations? We would recommend that such fines should be substantial, perhaps $10,000 or higher.
4. Will MNRF be able to enforce these regulations even if the floating accommodation unit has been issued with a vessel license by Transport Canada?
5. If MNRF finds a floating accommodation unit that has been issued a vessel license by Transport Canada, will MNRF make a formal request to Transport Canada to cancel that vessel license?

The Georgian Bay Association (GBA) is an umbrella organization for 18 community associations along the east and north shores of Georgian Bay, representing approximately 3,000 families. We have been advocating on behalf of our land-owning members for over 100 years and estimate that we reach and influence around 30,000 residents of the Georgian Bay. Our mandate is to work with our water-based communities and other stakeholders to ensure the careful stewardship of the greater Georgian Bay environment.