What are floating accommodations?

Any watercraft that is supplied and equipped for overnight use is considered a floating accommodation, including:

  • barges with a cabin
  • floating cottage (units built on rafts versus a hull)
  • houseboats
  • larger vessels with sleeping quarters

It is evident that changes are happening on Ontario’s waterways. The use of waterways by watercraft has grown to include floating accommodations which can accommodate longer stays, similar to those of a cottage. Some of the common concerns about floating accommodations include:

  • logistics for emergency services
  • need for building permits
  • time and length of use
  • potential for limiting access to public lands and waterways
  • increasing environmental impacts on waterways
  • property tax considerations
  • wastewater management

Who regulates floating accommodations? 

Regulation of use is a complex issue involving all levels of government:

Transport Canada

Responsibilities:

  • oversees navigable waterways, watercraft safety, and defines the requirements regarding vessels and the accompanying need for licence and registration
Ministry of Northern Development, Mines, Natural Resources, and Forestry (NDMNRF)

Responsibilities:
Municipalities

Responsibilities:

  • must consider environmental concerns, impact on local residents, and enforcement of municipal by-laws where the Township has jurisdiction, including noise complaints
Parks Canada - Trent Severn Waterway (TSW)

Responsibilities:

  • in addition to water management Parks Canada - TSW regulates and governs lands within their jurisdiction through a permitting process

What laws currently regulate floating accommodations on waterways?

Ontario Regulation 161/17 

O. Reg 161/17 regulates the type of structure or things that may be used on public lands, as long as the conditions in the regulation are followed.

Structures include 'camping unit' which is defined as:

  • a structure or vehicle that may be used for camping purposes or as an outdoor accommodation and includes a tent, trailer, tent-trailer, recreational vehicle, camper-back and any watercraft equipped for overnight accommodation.
 Public Lands Act
The Public Lands Act provides for the creation and management of restricted areas by the Minister of Northern Development, Mines, Natural Resources, and Forestry in parts of Ontario without municipal authority. In a restricted area, permits from NDMNRF are required undertake specific activities, whether this occurs on Crown or private lands. Activities that require a permit from MNR are identified in the development plan or guidelines that refer to each restricted area. 

How do these laws impact the use of floating accommodations?

Navigation of waterways is considered a public right, including reasonable moorage, and camping on provincial public lands—including those covered by water—is permitted for free by residents of Ontario for up to 21 days.  O. Reg 161/17 and the Public Lands Act allow this if the following rules are met:

  • the camping unit is being used for private non-commercial camping purposes
  • the duration of the use is to a maximum 21 days at one location each year
  • after 21 days the camping unit must move at least 100 metres from its previous location
  • the public lands that are occupied are not part of a road, trail, parking lot or boat launch
  • the person using the camping unit is a Canadian citizen or resident. If not, the person requires a permit for camping per Ontario Regulation 326/94 Crown Land Camping Permit, when camping north of the French and Mattawa Rivers
  • the public lands being used are not already occupied by another person with occupational authority 
  • camping is not prohibited on the lands (i.e., per a land use plan or signage) 

How are concerns about floating accommodations being addressed?

Amendments to Ontario Regulation 161/17

The Ministry of Natural Resources and Forestry (MNRF) is proposing to make amendments to Ontario Regulation 161/17 under the Public Lands Act regarding the use of floating accommodations and camping on water over public lands in Ontario. 

The proposed changes are described in a regulation proposal notice that was posted on Ontario’s Regulatory Registry and the Environmental Registry of Ontario (ERO) on February 24, 2023 (ERO number 019-6590).

You can review the proposal notice (ERO number 019-6590) and provide feedback through the ERO. The comment period for the proposal closes on April 11, 2023.

Online information sessions

The MNRF will be hosting online information sessions on the following dates:

  • Session 1: Wednesday, March 8 from 10:00 a.m. to 11:30 a.m.
  • Session 2: Monday, March 20 from 2:00 p.m. to 3:30 p.m. 

You can register by emailing public.lands@ontario.ca with the subject line “Regulatory Proposal Information Session” and note your preferred session date. You will receive a reply to your email with the session start and end times and information on how to join. 

Request for municipal comments

In 2022, the NDMNRF recently asked municipalities for their input on “camping” on waterways and the use of floating accommodations on Ontario’s public lands. The Township of Severn submitted comments in response to this notice. Although no regulatory changes were proposed at that time proposed these comments submitted by Severn may help to inform future changes which would then be subject to a public consultation process.

 

Who can residents contact to voice their concerns?

The majority of the waterways in Severn are under the federal jurisdiction of Parks Canada. These include:

  • Severn River including Gloucester Pool and Little Lake
  • Maclean Lake
  • Otter Lake

Residents who would like to submit comments or voice their concerns can contact Adam Chambers, Member of Parliament for Simcoe North:

Main office – Midland

504 Dominion Avenue
Midland, Ontario
L4R 1P8
Phone: 705-527-7654
Email: adam.chambers@parl.gc.ca

Orillia

575 West Street South
Suite 12
Orillia, Ontario
L3V 7N6
Phone: 705-327-0513

Ottawa

Adam Chambers, MP
Parliament of Canada
Ottawa, Ontario
Canada
K1A 0A6* 

*Mail may be sent postage-free to the Ottawa parliamentary address.

Subscribe to this page

Select the “Subscribe to this page” button located to the right of the page. You'll receive an email notification every time we update the content for this page. This is an easy way to stay informed.

the Ministry of Natural Resources and Forestry is proposing to make amendments to Ontario Regulation 161/17 under the Public Lands Act regarding the use of floating accommodations and camping on water over public lands in Ontario. In addition, minor changes (listed below) are proposed for added clarity and consistency in the regulation. The proposed changes are described in a regulation proposal notice that was posted on Ontario’s Regulatory Registry and the Environmental Registry of Ontario (ERO) on February 24, 2023 (ERO number 019-6590). The proposed changes related to floating accommodations were informed by feedback received by the ministry in response to the March 2022 ERO bulletin titled, “Seeking input about the use of floating accommodations on waterways over Ontario’s public lands” (ERO number 019-5119). We are proposing to amend Ontario Regulation 161/17 to clarify the types of camping units that can be used to camp on water over public land. It is proposed that the definition of ‘camping unit’ will be clarified to allow for camping on liveaboards and houseboats but will exclude floating accommodations, float homes and barges with residential units or camping facilities. We are also proposing to change the conditions that must be met when camping on water over public lands in Ontario by: • reducing the number of days that a person can camp on water over public land (per location, per calendar year) from 21 days to 7 days • increasing the distance that a person camping on water must move their camping unit to be occupying a different location from 100 metres to 1 kilometre • adding a new condition to prohibit camping on water within 300 metres of a developed shoreline, including any waterfront structure, dock, boathouse, erosion control structure, altered shoreline, boat launch and/or fill. In addition, we are proposing to: • harmonize the conditions for camping on public land so that residents and non residents are required to follow the same conditions when camping on water over public lands or on public lands • specify conditions for swim rafts, jumps, ramps for water sports, heat loops and water intake pipes • clarify that camping on a road, trail, parking lot or boat launch is prohibited • amend the regulation to add the following to the list of excluded public lands to which section 21.1 of the Public Lands Act and Ontario Regulation 161/17 do not apply: o lands subject to an agreement authorizing the use of those lands o lands subject to an authorization under the Aggregate Resources Act. We encourage you to review the proposal notice (ERO number 019-6590) and provide feedback through the ERO. The comment period for the proposal closes on April 11, 2023. Online Information Sessions We invite you to attend an online information session during which ministry staff will present an overview of the regulatory proposal and answer questions. Sessions will be held on the following dates: Session 1 – Wednesday, March 8: 10:00 am to 11:30 am Session 2 – Monday, March 20: 2:00 pm to 3:30 pm If you wish to attend an online information session, please register by emailing public.lands@ontario.ca with the subject line “Regulatory Proposal Information Session” and indicate your preferred session date. You will receive a reply to your email with the session start/end times and information on how to join.