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Public rights on waterways re article in Western Producer

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    #21
    Seems that individual provinces make up their own rules, as usual. Ontario does not recognize the banks as being Crown land. In the Prairie provinces, however:

    "Stream and lake beds are crown property. This was affirmed by the 1894 North-West Irrigation Act and by a 1932 Supreme Court of Canada decision.

    The principle that lake beds and streams are crown property continues in current legislation. Manitoba’s Crown Lands Act reserves the bed of a body of water and a strip of land 30 metres from the highwater mark for the crown.

    If land borders a navigable waterway, the crown also reserves “the public right of landing from, and mooring, boats and vessels so far as is reasonably necessary.”

    Saskatchewan’s Provincial Lands Act reserves the public right of access to lakes, rivers, streams and bodies of water “and the right of passing and repassing on or besides the land on either side and wherever necessary for the use thereof.”

    Alberta legislation simply provides that the crown has title to all “beds and shores” of permanent and naturally occurring bodies of water, rivers and streams."

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