By John Francis, Bruce Peninsula Press
Unopened road allowances in Northern Bruce Peninsula have been in a grey zone for decades because they were included in the land claim filed by Saugeen Ojibway Nation (SON). On July 29, 2021, the Ontario Superior Court rejected that Title Claim, after which, full title to unopened road allowances reverted to the municipality. That court decision has been upheld twice on appeal, most recently on October 24, 2024.
This means Municipality of Northern Bruce Peninsula (MNBP) has the freedom to develop these road allowances or to sell them.
Road allowances can be split into three broad classes: shoreline road allowances, shoreline access road allowances and all the rest. The unopened shoreline road allowances (where they exist) are expected to receive a lot of interest from the cottage owners whose lots lie directly behind the road allowance.
The following is an excerpt from the Clerk’s Report which appeared in the Agenda for MNBP Council’s November 12, 2024 Meeting.
“In 2021, the Municipality adopted a policy for dealing with the Sale of Unopened Road Allowances. Now that Saugeen Ojibway Nation (SON) no longer have a claim to any ownership interest in the waters surrounding the Bruce Peninsula, two property owners have submitted interest in purchasing the shore-road allowance in front of their existing properties.
The Policy 2021-20 for the Sale of Unopened Road Allowances has been amended to include Shore-Road Allowance sale procedures, as well.
Comments:
Shoreline road allowances exist on many lakes within Ontario. Crown surveyors reserved a 66-foot-wide road allowance around the edges of most Ontario Lakes. Although many of these allowances were never opened as public municipal roads, they remain public property. Waterfront property owners often do not own their lots right up to the water’s edge. In many circumstances, property owners have encroached onto these allowances and utilized them as a lot addition with the construction of entire or parts of dwellings, boathouses, docks, garages, landscaping, etc. Shore Road Allowances still exist today, and unless title to a portion of the allowance has been purchased by an abutting property owner, it is owned by the municipality. Provincial legislation allows municipalities to sell such road allowances, except any portions of the allowance which are covered by water.
Road allowances were originally laid out for roads by Crown surveyors generally 66 feet in width. Many of these road allowances were never developed into travelable roads and they remain unopened and in public ownership. Some of these road allowances lead directly to water and other road allowances sometimes create what appear to be a lot between two privately owned properties. In most cases these road allowances are “invisible” to all but land surveyors. In many circumstances, the property owner has encroached onto these allowances with structures, landscaping, septics, wells, etc.
Property owners would be responsible for all costs associated with the sale and would include an appraisal, reference plan, Ontario Land Surveyor fees, legal fees, and all such other costs associated with the land sale. Applicant(s) should be aware that it could take 12 to 18 months to complete the transaction, and it can be a costly venture.
A revised Closing and Sale of Municipal Road Allowance or Original Shore Road Allowance fee will be presented in the Fees and Charges By-law for 2025.
The sale of either the shore-road or unopened road allowance procedure involves public notice and a public meeting, as the application process develops. Council will be provided a report for each submission received to recommend declaring the parcel surplus or not, prior to moving forward with any transaction.”
Council discussed the issue at length and accepted the Clerk’s Report as submitted. A Bylaw stemming from that Report is slated to be passed at the November 25 Council Meeting. An excerpt from that Bylaw pertaining to the sale of unopened shoreline road allowances:
“Shore-Road Allowance
Applicants must own property directly abutting the original shore road allowance. The Municipality will only convey to the adjacent landowner the portion of the shore road allowance above the controlled or normal high-water mark.
Applications will not be approved if the shore-road allowance closure is deemed:
a) to have a negative impact on neighbouring owners of land; or
b) other landowners may be deprived of the sole vehicular access to their property; or
c) closure will result in conflicts with Municipality’s Official Plan policies, by-law regulations or procedures.”
The full Clerk’s Report can be found online in the Agenda for the November 12 Meeting; the Bylaw can be found there too, and also in the November 25 Agenda.
