WHEREAS waterways such as rivers and creeks run through municipal boundaries, however the management of waterways falls under the jurisdiction of other orders of government; AND WHEREAS there are instances where structures, boats, floating homes, etc. are placed within the waterways and are neglected to the point where they become unsightly andor potentially hazardous to the environment: THEREFORE BE IT RESOLVED that other orders of government be urged to maintain the waterways within municipal boundaries in a timely fashion by removing structures, boats, houses, etc. that have become unsightly or hazardous to the environment, or provide municipalities the authority to enforce the removal of such structures as they appear in their communities.
Ministry of Agriculture Lands The Federal government has jurisdiction over navigation and shipping. There is a common law right to navigation that includes ancillary rights to anchor and moor a vessel for a reasonable time. Federal government agencies, including the Coast Guard and Environment Canada, have mandates to address vessels in emergency or hazardous situations. If a vessel owner is unknown, a person, organization or government body may salvage a wreck pursuant to the Transport Canadas Receiver of Wreck process. The Provincial Land Act provides options to address unauthorized structures on, or attached to Crown land including submerged lands. Due to Federal jurisdiction, provisions of the Land Act related to seizure and disposal of structures cannot be applied to vessels. Vessels are in the Federal Canada Shipping Act as a boat or ship designed, used or capable of being used for navigation. In general, Provincial legislation can apply to non-vessels e.g. float homes, although Federal legislation may also apply. There are avenues available for local governments to obtain authority to manage unauthorized float structures and or vessels within their municipality. Examples include requesting a regulation be enacted under the Canada Shipping Act to allow control over anchorage in specific areas, exploring modifications to bylaw provisions, or applying for a Crown land License of Occupation to manage non-vessels in specific areas. The Province recommends that local governments initiate discussions with the applicable Provincial and Federal agencies to ascertain the viable options based on their specific needs.