Dock and Boathouse Rules on Ontario Lakes: Permits Needed

Building or replacing a dock or boathouse sounds simple, but several levels of government can have a say. Federal navigation rules, provincial shore land rules, your conservation authority and your municipality may each be involved, depending on where you are and what you build.

This article walks through the main approvals in plain language. It cannot tell you which apply to your lot, because that depends on the water body, who owns the shore land and the size of the structure. Use it to ask better questions before you spend money.

Federal rules: the Minor Works Order

Transport Canada says minor works that meet the Minor Works Order criteria may proceed without an application for approval if they comply with the legal requirements. For docks and boathouses, the Order sets specific limits.

If your dock or boathouse is on charted navigable waters, you must notify the Canadian Coast Guard of the expected start date before work begins. If your plan does not fit the minor works criteria, a different federal process may apply, and it is worth getting advice before you build.

Provincial rules: Crown shore land and work permits

In Ontario, a structure in physical contact with more than 15 square metres of Crown shore land, or shore land close to Crown land, may need a work permit under the Public Lands Act. A structure that floats on water above shore lands is not treated as being in physical contact. Dredging and filling shore lands may also need a permit.

The ministry issues work permits free of charge, but doing work without a needed permit is an offence. Who owns the shore land in front of your lot is worth confirming before you plan.

• Ask who owns the shore land in front of your property.
• Measure how much of the structure will touch the shore land.
• Check whether any dredging or filling is part of the plan.

Conservation authority rules

Many shoreline areas are regulated by a conservation authority under the Conservation Authorities Act, which requires a permit for prescribed development in certain shoreline areas and for altering a watercourse. Ontario Regulation 41/24 excepts seasonal or floating docks up to 10 square metres. A larger or permanent dock, or a boathouse, is not covered by that exception and may need a permit, depending on the location.

If a permit is refused or conditioned, you can appeal to the Ontario Land Tribunal within 90 days of receiving the reasons. Do not assume that being small or temporary is enough; check with the authority.

Municipal rules and shore road allowances

Whether your municipality has its own requirements for a dock or boathouse depends on where you are and what you plan to build. The rules differ from one municipality to the next, so call your municipal planning or building department before you finalize a design.

If your lot sits next to a shore road allowance, ownership of the strip between your land and the water may be an issue. A municipality can get rid of an established or assumed highway only through a closing by-law under section 34 of the Municipal Act, 2001, after giving public notice. Municipalities administer and dispose of these allowances, and the province has no direct role. If submerged portions of a road allowance are to be conveyed, the municipality must get the Ministry of Natural Resources' consent under section 43.

Structures built on shore road allowances can cause problems with land transfers, mortgages, insurance claims and estates. Whether you can buy an allowance depends on your municipality's policy.

What to do next

• Sketch the dock or boathouse with dimensions, location and distance to your boundaries and to neighbouring structures.
• Check the federal minor works limits against your sketch.
• Find out whether the shore land is Crown land and whether a work permit may be needed.
• Contact your conservation authority about a permit.
• Ask your municipality about zoning and building permit rules.
• If on charted navigable waters, plan to notify the Canadian Coast Guard before work begins.
• Keep copies of approvals; a buyer's lawyer may ask for them later.
• Talk to a real estate lawyer if the shore land ownership is unclear or an approval is refused.

Frequently asked questions