Property Sale?

There has been a rumour that the fence property has been sold.  This has not been verified so consider it as simply a rumour.

What Will PUBB Do With Your Support?

• With sufficient funds will conduct a legal action for a court decision on the public’s legal rights of access and use of the beach now fenced in
• Continue political pressure at municipal level to ban future fences on the beach
• Continue political pressure at provincial level to get involvement of Attorney General
• Continue political pressure at provincial level to get support for Bill 43

 

What has PUBB Done 2006-2008?

Township

• Lobbied township to put a stop to construction of fence.
• Responsible for township commissioning study on fences in township
• Submitted written input to that study
• Made fences on the beach an issue in the municipal elections
• Participated in public meeting on bylaw amendments regarding fences
• Made deputation to council regarding fences on the beaches
• Numerous letters to and meetings with politicians and staff

 

Province

• Wrote letters to the following:
• Premier
• Minister of Natural Resources
• Minister of the Environment
• Minister of Government Services
• Minister of Municipal Affairs and Housing
• Attorney General
• Made fences on the beaches a local issue in the provincial election
• Participated in press conference at introduction of Right of Passage Act
  Established connection with Shorewalk Association
• Met with opposition critic on Natural Resources
• Numerous meetings with local MPP Garfield Dunlop

 

Federal

• Discussions with officials of Department of Oceans and Fisheries
• Letters and phone calls with office of local MP Bruce Stanton

 

Other

• Conducted two general information meetings
• Conducted 6 fund raising events
• Established blog and broadcast email lists
• Retained a lawyer and developed a legal strategy

 

Capsule Version of PUBB's Mission

A number of property owners along the shores of Tiny Township have taken steps to have their properties extended from the original positions to the water’s edge.

For most this is a 2 step process.

Step 1

Survey to the water’s edge and apply to have the new boundaries confirmed through the Boundaries Act. 

A Boundaries Act decision does not deal with ownership nor does it deal with the rights any other person or the public may have on that property.

The owners of the fenced property at Balm Beach have successfully completed Step 1.

Step 2

Apply for clear or absolute title to be confirmed under the Land Titles Act.

Until a successful application has been completed under the Land Titles Act, the property is still subject to interests in land that others may have by virtue of a pre-existing length of possession or use.

PUBB is not aware that the owners of the fenced property at Balm Beach have started Step 2.

What Now?

If the owners take Step 2, PUBB intends to file an objection on behalf of the public.

If the owners do not take Step 2, PUBB intends to take legal action though the courts to establish public rights of access and use of the property.

What are our Chances?

There is no sure thing but presently, in Ontario, there are many cases in which the courts have ruled in favour of the public based on the fact that “extended public use” or historical traditional use was a valid objection.