Shoreline Road Allowances and Waterfront Ownership in Ontario

Many cottage owners assume their property runs right to the water. In some cases there is a strip of land in between that the owner does not own, and that surprise often comes up during a purchase, a dock project or a dispute with a neighbour.

This article explains what a shore road allowance is, who controls it, and how an owner may be able to buy it. The answer for your lot depends on your title, survey and location, so a lawyer can confirm the details.

What a shore road allowance is

A shore road allowance is a strip of land one chain (66 feet) wide around some lakes and rivers, set aside in the 1800s for public roads. A cottage lot that fronts one does not reach the water's edge unless the allowance has been closed and conveyed to the owner.

So the first question is whether your lot actually touches the water. Your deed, survey and a title search help answer that. Not every waterfront property has an allowance, and the rules differ depending on where the land is.

Who controls the strip

Inside a municipality, road allowances, including shore road allowances, are under the municipality's jurisdiction unless they have been legally stopped up and sold. In unorganized territory, road allowances and Crown-dedicated roads are under the Minister of Natural Resources and can be stopped up and sold under section 55.1 of the Public Lands Act.

A different strip can also exist. A Crown shoreline reserve is ungranted Crown land no more than 30 metres deep between a water body and private property. It is under the Minister's jurisdiction in both incorporated and unincorporated areas.

Can you buy it, and can the public cross it?

To buy a road allowance inside a municipality, the owner applies to the municipality. The price a municipality sets varies by municipality and by-law. On a Crown sale, the Ministry charges its current administrative fee or market value, whichever is greater, and the applicant pays for the survey, plan preparation and registration.

The Ministry will generally approve selling a road allowance or shoreline reserve to the adjacent upland owner unless there are compelling site-specific reasons to refuse. Grounds for refusal include losing access to private or public land, conflicting with existing or future public use such as water access, and interfering with a First Nation land claim.

On public crossing, the allowance was set aside for public roads, and until it is legally stopped up and sold it remains under public control. Whether people can actually walk or boat across a given strip depends on the facts, so ask before you put up a fence or tell others to keep out.

Special cases to watch for

• Submerged road allowances: before conveying a road allowance that is under water, the municipality must get the consent of the Ministry of Natural Resources under section 43 of the Municipal Act.
• Mining Act reserves: shoreline reserves of 200 or 400 feet in front of Mining Act lands are not covered by the disposition policy and are sold at market value.
• Docks and shore work: most lake and river beds in Ontario are Crown land. A Public Lands Act work permit may be needed for a structure in physical contact with more than 15 m² of Crown or adjacent shore lands, and a municipal or conservation authority permit does not replace it.

Smaller or floating docks may be exempt if they meet the conditions in Ontario Regulation 239/13. A structure floating over shore lands is not treated as touching them.

What to do next

• Review your deed and survey to see whether a road allowance or shoreline reserve lies between your lot and the water.
• Ask the municipality, or the Ministry in unorganized territory, who has jurisdiction over the strip.
• If you want to buy it, ask about the application process, the price and the survey costs.
• Do not build a dock, boathouse or fill the shore until you know which permits apply.
• If you are buying a cottage, have a lawyer confirm what you will actually own before closing.

Frequently asked questions