Bylaw on fishing from shore within the city of Ottawa

[FishEyes]

I read recently, two first-hand accounts about bylaw warning people that fishing from shore within the city of Ottawa is prohibited. I also read an account from an individual who was harassed by a restaurant manager from the Pavilion while fishing from the boardwalk around Dow's lake. They were told to leave or the manager would call bylaw.
I have yet to call 3-1-1 to ask for clarification. I personally don't fish from shore; I have a kayak. But, I am curious because I know people who do fish from shore within the city limits. My guess is that MNR manages the provincial zone regulations/enforcement, and that municipal regulations overlap within the city's boundaries. But, this is the first time I hear of this. Has their been a change from the city's enforcement office in regards to fishing from shore, lately? Does anyone know or care to find the rules surrounding fishing within Ottawa city limits? Thanks

[Bikerbobber]

I sent an email to 311 online to get a definitive answer.

[smitty55]

If it's true it would have to be something new, but I highly doubt it. People have been fishing from shore on the Ottawa and Rideau in the city forever.

[Seus]

I just went through the Ottawa bylaws and there is not bylaw against fishing from shore. But you have to use your brain, stay off personal docks, lawns etc....

https://ottawa.ca/en/living-ottawa/laws ... o-2004-276

[Bikerbobber]

I got a response from Patrick Cheslock of Ottawa Bylaw.
He asked me to call him.
He did not answer.
Odd that he couldn't just point me to the regulation via email?
I have left a message and will continue to follow up .

[Bikerbobber]

Here is the email response I got from Patrick this afternoon.
"On Wed., Jun. 21, 2023, 12:32 p.m. Cheslock, Patrick, <patrick.cheslock@ottawa.ca> wrote:
Hi

Just received clarification Bylaw does not enforce any fishing regulations on Dows Lake as it is owned by NCC.

Fishing is NOT allowed in city parks and beaches. ie (MOONEYS BAY)"

I have requested the bylaw number.

[SpacemanBiff]

Fishing is NOT allowed in city parks and beaches. ie (MOONEYS BAY)"

Well that's insane lmao what kind of idiot says that without referencing any law

[SpacemanBiff]

I'm very interested in this, I was just at Dow's lake yesterday, fishing on the boardwalk, and somebody, maybe from the boat rental place came up to me, while I was unhooking a bass, and told me I couldn't fish there. I asked why's that and he said I couldn't fish off the boardwalk and pointed to a tiny sign on the rental hut. I told him I couldn't see it, which was true and he stormed off saying I can talk to bylaw about it. I stuck around for a bit and moved down the boardwalk but I don't think anyone came.

I did find in section 9, paragraph 9 of the bylaws
No person shall fish in in areas of a park where this activity has been prohibited by General Manager, including supervised beaches (added by By-law No. 2021-176)

So that could explain why you can't fish at Mooney's Bay beach, which is fine you shouldn't fish where people are swimming but I doubt they can just ban fishing from a public park entirely. I think someone in bylaw enforcement really doesn't like fishing. I can also understand someone reading that quickly and concluding that fishing is not allowed in parks or beaches.

For Dow's lake, it is public, the rental place doesn't own it, and I doubt they own the boardwalk. So what would bylaw do? I would have liked to ask the guy that came up to me a few questions but he seemed to be in a hurry to get back to work.

I think I will send an email of my own. As a shore fisherman these issues are quite concerning.

[FishEyes]

I'm very interested in this, I was just at Dow's lake yesterday, fishing on the boardwalk, and somebody, maybe from the boat rental place came up to me, while I was unhooking a bass, and told me I couldn't fish there. I asked why's that and he said I couldn't fish off the boardwalk and pointed to a tiny sign on the rental hut. I told him I couldn't see it, which was true and he stormed off saying I can talk to bylaw about it. I stuck around for a bit and moved down the boardwalk but I don't think anyone came.

I just spoke with By-Law myself. Clearly, fishing in beach areas is not allowed. The officer provided some clarification in regards to the city's regulations on fishing within city limits. Specifically, individuals are not allowed to remove any fish while fishing from shore from closed bodies of water located inside or accessed by means of city park boundaries. He used the ponds at Andrew Haydon Park as an example. However; flowing bodies of water such as the Ottawa river, Rideau river, etc. fall under provincial regulations/enforcement and are not part of by-law's enforcement. So, from the previous example, that same individual could fish the Ottawa River from shore while in Andrew Haydon Park, but not the ponds. Clear as mud?

EDIT. The Rideau Canal waterway in Ottawa is managed by the NCC in winter and by Parks Canada in summer. Access and use of the waterway in summer, including fishing, falls under the perview of Parks Canada. I did speak with Parks Canada who provided me with some general information. They do not recommend fishing along the Rideau Canal simply because it is a busy recreational waterway. That being said; they were unable to provide me with any specifics other than to respect the Ontario fishing rules/regulations. They suggested I contact either the Rideau Canal National Historic Site in Smiths Falls, or the Trent-Severn Waterway National Historic Site. The Trent-Severn Waterway is the governing body for the Rideau Canal, end-to-end. In either event; I called both offices but just end up back onto the Parks Canada switchboard. So, this appears to be where the trail gets cold (for now).

I may have an axe to grind with those wonderful people taking liberties with the law-abiding citizens who are simply trying to fish in peace along the boardwalk. I am curious about this "No Fishing" sign posted on their building. Who's sign is it? Does the sign belong to the City of Ottawa, NCC, Parks Canada, or other? I am willing to bet my next catch the sign belongs to the boat rental company. I may just have to make an excuse to go down to Dow's Lake with my fishing rod to see for myself. I don't take kindly to people who make it their business to tell others what they can/can't do.

[SpacemanBiff]

Specifically, individuals are not allowed to remove any fish while fishing from shore from closed bodies of water located inside or accessed by means of city park boundaries. He used the ponds at Andrew Haydon Park as an example.

EDIT. The Rideau Canal waterway in Ottawa is managed by the NCC in winter and by Parks Canada in summer. Access and use of the waterway in summer, including fishing, falls under the perview of Parks Canada. I did speak with Parks Canada who provided me with some general information. They do not recommend fishing along the Rideau Canal simply because it is a busy recreational waterway. That being said; they were unable to provide me with any specifics other than to respect the Ontario fishing rules/regulations. They suggested I contact either the Rideau Canal National Historic Site in Smiths Falls, or the Trent-Severn Waterway National Historic Site. The Trent-Severn Waterway is the governing body for the Rideau Canal, end-to-end. In either event; I called both offices but just end up back onto the Parks Canada switchboard. So, this appears to be where the trail gets cold (for now).

I may have an axe to grind with those wonderful people taking liberties with the law-abiding citizens who are simply trying to fish in peace along the boardwalk. I am curious about this "No Fishing" sign posted on their building. Who's sign is it? Does the sign belong to the City of Ottawa, NCC, Parks Canada, or other? I am willing to bet my next catch the sign belongs to the boat rental company. I may just have to make an excuse to go down to Dow's Lake with my fishing rod to see for myself. I don't take kindly to people who make it their business to tell others what they can/can't do.

Hmm that sounds weird lol! By "removed" I guess they mean taken out of the water and not like, killed and kept. Which means no fishing. I guess there aren't too many ponds like that though but I can think of one I like...

I sent an email with some questions, mostly about the no fishing signs because someone on Facebook mentioned the rental employee saying it was Parks Canada's rule.

Someone need to go check that sign I might be able to in a few days. Might have to call the MNR to come down if they harass you!

I did do a little more digging. In the National Capital Commission Traffic and Property Regulations, section 35 says

35 (1) No person shall hunt, take or kill any game or fish on property of the Commission except in those parts thereof that have been designated by the Commission for that purpose.

(2) No person shall hunt, take or kill any game, or fish for any fish or engage in any activity relating to hunting or fishing in any designated area referred to in subsection (1) otherwise than in accordance with the laws of the province in which that area is situated.

The regs don't specify the designated zones, but this doesn't sound good. I sent an email to the NCC asking what the designated areas are. However, I don't really know what property the NCC owns, and am a little confused by how that works since it's a crown corp so it should all be public.

[FishEyes]

I did do a little more digging. In the National Capital Commission Traffic and Property Regulations, section 35 says
35 (1) No person shall hunt, take or kill any game or fish on property of the Commission except in those parts thereof that have been designated by the Commission for that purpose.
(2) No person shall hunt, take or kill any game, or fish for any fish or engage in any activity relating to hunting or fishing in any designated area referred to in subsection (1) otherwise than in accordance with the laws of the province in which that area is situated.
The regs don't specify the designated zones, but this doesn't sound good. I sent an email to the NCC asking what the designated areas are. However, I don't really know what property the NCC owns, and am a little confused by how that works since it's a crown corp so it should all be public.

Just to clarify; it is my understanding the Rideau Canal is Parks Canada's jurisdiction, not the NCC. With the exception of Winterlude and ice skating on the canal/Dow's Lake, the NCC have nothing to do with use of the canal waterway. I asked the NCC for clarification on fishing regulations; specifically, fishing from shore (on the boardwalk) at Dow's Lake. I noted the NCC have fishing regulations for other areas, Gatineau Park for instance. The NNC's stance is that people who are fishing from shore at Dow's Lake are using the water which falls under the perview of Parks Canada. So, unless the sign in question belongs to or is sanctioned by Parks Can., I don't see how the boat rental company can tell people where they can/can't fish.
I know that this thread may all seem trite and that I am making hay about nothing. That being said; I do not care to see the personal rights of individuals, especially those of law abiding citizens who are simply trying to enjoy the pleasure of fishing, being infringed upon. A simple google search revealed a tourism site that promotes fishing at Dow's Lake. https://www.ottawafishing.net/dowslake.html Although; I wouldn't recommend actually eating any fish pulled out of the canal, I think it is a fantastic way to encourage people to enjoy the city. I don't need/want some overzealous business owner ruining this wonderful activity for others. If this business owner is in fact overstepping his bounds, then, they need to be dissuaded from their behaviour.

[SpacemanBiff]

That being said; I do not care to see the personal rights of individuals, especially those of law abiding citizens who are simply trying to enjoy the pleasure of fishing, being infringed upon.

It does pee pee me off, just minding my business, relaxing after a day of work, paid for my licence, following all the rules, and somebody comes up and tell you that you can't do that and that they'll call bylaw.

Once we get a bit more information I'll be going back and will try to talk to the kid's boss. Gonna bring a bunch of weedless toys to try out

[SpacemanBiff]

I heard back from a Park Warden Supervisor from Parks Canada. His answers are in red font.

Hi, I understand Parks Canada manages the Rideau Canal at this time of year. Can you confirm that fishing is allowed in the canal, including Dow’s Lake? Yes, fishing is allowed on all lakes and rivers of the Rideau Canal, including Dow’s Lake.

Are there any restrictions other than those laid out in the provincial fishing regulations? In addition to the rules for fishing found within the Ontario Fishery Regulations, fishing on the Rideau Canal is also partially regulated by the Historic Canals Regulation. Section 7(e) of the regulations state that “no person shall fish within 10 m of a lock or approach wharf or from a bridge over a navigation channel”. For identification purposes the edges of approach wharves at lock stations are typically painted blue.

Is Parks Canada responsible for “no fishing” signs posted along and around the Canal? If so, is there any indication on these signs that they are official or posted by a government department? Parks Canada does have no fishing signs posted at various points along the canal. These signs are generally a green background with the no fishing symbol although some variation occurs. The Ontario Ministry of Natural Resources also has the authority to post no fishing signs in areas such as fish sanctuaries. Most government signs, federal or provincial, will have the name of the posting agency somewhere on the sign (once again variations do occur).

Would a private businesses’ “no fishing” sign be enforceable in any way? Is there any legal framework administered or enforced by Parks Canada to enable private businesses to install “no fishing” signs? Private businesses or property owners have the right to post no fishing signs on their property. This would be enforced under the Ontario Trespass to Property Act or Fish and Wildlife Conservation Act. If a business has a no fishing sign installed it means that you cant be on their property to fish without their permission. However, if you are in a boat on the water nothing restricts you from fishing in that area as long as you aren’t restricting navigation or endangering public safety.

Basically yeah they can put up a sign, and it is enforceable under the Trespass to Property (and the Fish and Wildlife Conservation Act), but you'd have to be on their property. Since they don't own the water, this would only be enforceable if they own the boardwalk. I checked out google maps streetview and it showed a view from 2011 where the boardwalk was being used as a dock for a bunch of big boats. This got me thinking that yeah they probably do own it. Now I went through the Trespass act and I don't think their signage is enough, but if they do own the boardwalk there isn't much we can do.

[BuddyA]

I was at the Rockcliff yacht club fishing from shore and a member of the club told be I could not fish there on account of cables under water holding boat docks. I had been told previously that it was ok as long as I was not on their docks. You can clearly see the gate that separates private and public areas. They had initially told me the shore is public and so is the water.
I don’t see why I would not be allowed as they do not own the shore and water next to the marina. Unless they can argue that the shore line next to the water is a navigable waterway? Do I need to stay 10m away from their boat slips while fishing from shore ?
Thoughts ?
Thanks!!!

[FishEyes]

Sorry. I just got back from a mini-vacation. I find the responses in the email to be very revealling! Thank you for sharing the email with us, SpacemanBiff. The laws and by-laws are never cut-and-dry in and around Ottawa, so it valuable to know which side of the law one is standing on.