Ferries Act, R.S.O. 1990, c. F.11, Ferries Act
Ferries Act
R.S.O. 1990, CHAPTER F.11
Note: This Act was repealed on January 1, 2003. See: 2001, c. 25, ss. 484 (2), 485 (1).
Amended by: 2001, c. 25, s. 484.
Issue and duration of licences
1. Except as otherwise provided in this Act, every grant or licence of ferry shall be by the Lieutenant Governor under the Great Seal and shall not extend for a longer term than seven years at any one time. R.S.O. 1990, c. F.11, s. 1.
Requisites to issue
2. Except as otherwise provided in this Act, no ferry shall be leased by the Crown nor shall any lease thereof be renewed or any licence of ferry be granted by the Crown except by public competition and after notice of the time and place at which tenders will be received for the lease or licence for such ferry inserted at least once in each of four consecutive weeks in The Ontario Gazette and in one or more of the newspapers published in the county or district in which the ferry is situate and to persons giving such security as the Lieutenant Governor in Council may prescribe. R.S.O. 1990, c. F.11, s. 2.
Limits for ferries
3. Except in the case of municipalities as hereinafter provided, where the limits to which the exclusive privilege of any ferry extends are not already defined, such exclusive privilege shall not be granted for a greater distance than one and one-half miles on each side of the place at which the ferry is usually kept, but nothing herein invalidates or infringes upon any existing grant or right of ferry. R.S.O. 1990, c. F.11, s. 3.
Licence for ferry between two municipalities
4. (1) Where a ferry is required over any stream or other water and the two shores are in different local municipalities not in the same county, or one shore is in a city or town separated from a county and the other is in another municipality in the same county, the Lieutenant Governor may grant a licence to either of such municipalities exclusively, or to both jointly, or to either of the counties or to both jointly, or to one of the counties jointly with a city or town, as the Lieutenant Governor considers most conducive to the public interest. R.S.O. 1990, c. F.11, s. 4 (1).
Extent of right conferred, etc.
(2) The licence shall confer the right to establish a ferry from shore to shore on such stream or other water, with such limits and extent as appear advisable to the Lieutenant Governor in Council and are expressed in the licence. R.S.O. 1990, c. F.11, s. 4 (2).
Conditions of licence as to motive power and other matters
(3) The licence shall be upon conditions as to the description of craft and motive power to be used and upon such further terms and conditions as the Lieutenant Governor in Council may direct, and the terms and conditions shall be expressed in the licence. R.S.O. 1990, c. F.11, s. 4 (3).
Municipalities subletting ferries
(4) The council of the municipality may pass by-laws, not inconsistent with the terms of the licence, for subletting the ferry to such person and upon such terms and conditions as the council thinks fit. R.S.O. 1990, c. F.11, s. 4 (4).
Concurrence of municipalities where joint licence
(5) Where a licence is granted to two municipalities jointly, no by-law of the council of one municipality has any force until a by-law has been passed in similar terms, as nearly as may be, by the council of the other municipality. R.S.O. 1990, c. F.11, s. 4 (5).
Application of certain provisions excluded
(6) The provision as to the duration of the licence in section 1 and the provisions of section 2 do not apply to this section. R.S.O. 1990, c. F.11, s. 4 (6).
Municipal by-laws to establish, operate and license ferries
5. (1) The council of any township, town or village may pass by-laws for establishing and for maintaining and operating, and the council of any municipality, other than a county, may pass by-laws for licensing upon such terms and conditions as are considered proper and for regulating ferries between any two places in the municipality or over any navigable waters in or upon the boundary of the municipality, and for establishing the rates of ferriage to be taken thereon, but no such by-law has effect until approved by the Lieutenant Governor in Council. R.S.O. 1990, c. F.11, s. 5 (1).
Powers of county councils
(2) The council of any county has the like power in regard to ferries between places that are both situate in the county but not in the same local municipality, provided that neither of such places is situate in a city or separated town. R.S.O. 1990, c. F.11, s. 5 (2).
Powers of Lieutenant Governor in Council
(3) Until the council exercises the powers conferred by this section, the Lieutenant Governor in Council may license and regulate such ferries and establish the rates of ferriage to be taken thereon. R.S.O. 1990, c. F.11, s. 5 (3).
Granting exclusive privileges
6. The council of any municipality may grant exclusive privileges in any ferry vested in the corporation of the municipality. R.S.O. 1990, c. F.11, s. 6.
Right of persons to keep boats at ferry for their own use
7. Any person may keep at a ferry a boat, vessel or other craft for the person’s own private use, or may use, for the accommodation of the person or of the person’s employer, the person’s own or the employer’s boat, vessel or craft to cross the stream or other water on which the ferry is situate, but such privilege shall not be used for the purpose of taking, carrying or conveying any other person or property for hire, gain, reward or profit, or hope thereof, or directly or indirectly to enable any such other person to evade the payment of tolls at the ferry. R.S.O. 1990, c. F.11, s. 7.
Penalty for interfering with licensed ferryman’s rights
8. If any person unlawfully interferes with any right or licence of ferry by taking, carrying or conveying at any ferry across the stream or other water on which it is situate any person, cattle, carriage or wares in any boat, vessel or other craft for hire, gain, reward, profit, or hope thereof, or unlawfully does any other act or thing to lessen the tolls and profits of any lessee or licensee of the Crown of any such ferry, the offender is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. F.11, s. 8.
