Private/Public fishing areas. Trespassing issue

[dsukh]

Hi guys,



Whats the difference between crown land, conservation area, and provincial parks? How do I know if a section of the stream/creek/river is on private or public land? I plan to do some exploring this weekend and don't want to get in trouble for trespassing... Is there an easy way to determine from looking on google map which parts are private and which are public?


Also, is fishing allowed in all conservation areas? I'm looking at TRCA under fishing and I only see three conservation areas listed. Can I fish in any conservation areas, or just the specified ones? I contacted TRCA today regarding this and they didn't really give me an answer.

Any help would be greatly appreciated. I want to explore the many streams/creeks/rivers around me but I'm afriad of trespassing without knowing.


Thank you in advance.



Regards,

Dan

[bettercallsaul]

On the private land issue, I do believe landowners should post signs indicating that no trespassing is allowed, although I'm not sure on the legality of this. On the conservation areas, I would go fishing unless it is stated in the regs that no fishing is allowed, or call that particular park.

[OldTimer]

Here’s my cut a quick answer:

Canadian Crown Land is land originally owned by the monarchy – but now is under control of the federal government. (Most of this in the north above Barrie – very little in Southern Ontario). See link.

Google maps will tell you absolutely nothing regarding private ownership or crown land status.

Provincial parks are just that – parklands under control of each province, and their laws. See Link.

National Parks – are federal, do not follow provincial laws, and are under control of “Parks Canada”. See link.

Conservation Areas are either controlled by cities, townships, or independent conservation organizations. Rules vary greatly – but here in Ontario they must follow at minimum provincial acts.

In the links below there is one regarding more detail on trespass law here in Ontario. You may also wish to read the act’s link as well. This law is wide sweeping and covers from vacant land to dwellings and businesses.

In Ontario – persons are responsible to ascertain what land is private, and obey all postings forbidding trespass. These signs can be from proper signs with text, to as little as a red or yellow dot spray bomb painted on a tree. Such signs are not required at specified intervals – only one need be posted along the entire length of an access frontage. Such signs need not be pretty or refreshed regularly. Red means no trespass for any reason. Yellow means some activities are allowed - but you must learn from the landowner which activity that might be, and get permission.

Fences imply “Keep Out”. However, NEVER assume that no fences means the land is not private or that you may go on it – check the perimeter of the lot frontages first. Hopping a fence is considered by the courts as an instant trespass action.

If confronted on lands (other than those you own) and asked to leave – best do it. A real scary part of this law allows “owners” to arrest and detain trespassers - and then turn them over to the police.

Navigable water ways are never private property, unless TOTALLY SURROUNDED by private property under a single ownership. This is regarding lakes and rivers. For instance – I can wade or canoe the Grand River from end to end………… or I can launch a boat at a public ramp and fish every inch of that lake’s shoreline even though 99.9% of the shoreline is owned by others.

A few links:

http://crownlanduseatlas.mnr.gov.on.ca/

http://www.mnr.gov.on.ca/en/Business/Cro...index.html

http://www.pc.gc.ca/index.aspx

http://www.ontarioparks.com/english/index.html

http://www.uer.ca/forum_showthread.asp?f...adid=66590

http://www.e-laws.gov.on.ca/html/statute...0t21_e.htm

But don’t get scared off from exploring (that’s how I find my spots) – just be smart – check things out – and have fun. No police officer is going to lock ya in the hole for making a wee mistake………. Just don’t do it repeatedly, or have attitude……… Be diligent, smile and be polite.

Hope this helped a wee bit……….

Cheers,

OldTimer

[dsukh]

(05-24-2012 03:16 PM)OldTimer Wrote:  Here’s my cut a quick answer:

Canadian Crown Land is land originally owned by the monarchy – but now is under control of the federal government. (Most of this in the north above Barrie – very little in Southern Ontario). See link.

Google maps will tell you absolutely nothing regarding private ownership or crown land status.

Provincial parks are just that – parklands under control of each province, and their laws. See Link.

National Parks – are federal, do not follow provincial laws, and are under control of “Parks Canada”. See link.

Conservation Areas are either controlled by cities, townships, or independent conservation organizations. Rules vary greatly – but here in Ontario they must follow at minimum provincial acts.

In the links below there is one regarding more detail on trespass law here in Ontario. You may also wish to read the act’s link as well. This law is wide sweeping and covers from vacant land to dwellings and businesses.

In Ontario – persons are responsible to ascertain what land is private, and obey all postings forbidding trespass. These signs can be from proper signs with text, to as little as a red or yellow dot spray bomb painted on a tree. Such signs are not required at specified intervals – only one need be posted along the entire length of an access frontage. Such signs need not be pretty or refreshed regularly. Red means no trespass for any reason. Yellow means some activities are allowed - but you must learn from the landowner which activity that might be, and get permission.

Fences imply “Keep Out”. However, NEVER assume that no fences means the land is not private or that you may go on it – check the perimeter of the lot frontages first. Hopping a fence is considered by the courts as an instant trespass action.

If confronted on lands (other than those you own) and asked to leave – best do it. A real scary part of this law allows “owners” to arrest and detain trespassers - and then turn them over to the police.

Navigable water ways are never private property, unless TOTALLY SURROUNDED by private property under a single ownership. This is regarding lakes and rivers. For instance – I can wade or canoe the Grand River from end to end………… or I can launch a boat at a public ramp and fish every inch of that lake’s shoreline even though 99.9% of the shoreline is owned by others.

A few links:

http://crownlanduseatlas.mnr.gov.on.ca/

http://www.mnr.gov.on.ca/en/Business/Cro...index.html

http://www.pc.gc.ca/index.aspx

http://www.ontarioparks.com/english/index.html

http://www.uer.ca/forum_showthread.asp?f...adid=66590

http://www.e-laws.gov.on.ca/html/statute...0t21_e.htm

But don’t get scared off from exploring (that’s how I find my spots) – just be smart – check things out – and have fun. No police officer is going to lock ya in the hole for making a wee mistake………. Just don’t do it repeatedly, or have attitude……… Be diligent, smile and be polite.

Hope this helped a wee bit……….

Cheers,

OldTimer

Thanks OldTimer, this actually helped a lot. I'm hoping to head out this weekend to do some exploring. I've always had a passion for being out and about, surrounded by nothing but trees and water, and just fishing (regardless of whether or not there are fishes to be caught). lol

Hopefully i wont run into any issues when exploring for resident trout!

[MichaelAngelo]

(05-24-2012 06:19 PM)dsukh Wrote:  Hopefully i wont run into any issues when exploring for resident trout!

Good on you! This is definitely on my to-do list. Gas is just toooooo expensive for me to go north unfortunately... my 15 mpg ride has to go......

I know how you feel regarding google maps. I once found what I thought would be a great spot on google maps, only to find "no fishing" signs posted all along the shore. Bummer!

But like OldTimer said, if you can get a float tube, inflatable beach toy or whatnot, you're good to go!

edit: I've fished from a $10 Canadian Tire beach toy and I can tell you it was a blast, although very uncomfortable