In early March, a section of Highway 35 between Birkendale Road and Ten Mile Bay Road near Dwight, Ont. was washed out.
It forced Lake of Bays cottagers and residents to take alternate routes to get to their properties. Over the course of a day, the matter appeared to be resolved, with the highway reopening to motorists the following evening.
Then came the debris.
Cottagers and residents on Lake of Bays say that the washout dislodged a nearby beaver dam and lakeside debris, polluting the lake with large trees, sticks, and even an old dock.
“One log is the size of a telephone pole,” says Donna Elliott, a Lake of Bays resident who, alongside her husband, has led efforts to get the debris removed from the lake.
Donna says the debris is scattered in three major spots in the north end of Ten Mile Bay, which runs along the section of highway that was disrupted.
“It’s so deceiving,” says Donna, noting that most of the debris is barely visible above the water. “Accidents happen, but we’re trying to make sure they don’t.”
The debris appeared almost immediately after the washout. Donna, her husband, and neighbouring cottagers started reaching out to numerous levels of government including Ontario’s Ministry of Transportation, the Township of Lake of Bays, and local MPP Graydon Smith.
But six months and dozens of phone calls later, the debris remains in the lake.
“It’s very frustrating and dangerous”
Since Highway 35 is a provincial highway, it falls under the responsibility of the MTO. Immediately after the washout, the ministry enlisted the services of Fowler Construction to repair the road and clean up debris.
However, who is responsible for removing debris that ends up in the lake isn’t so straightforward.
“It’s been a nightmare on wheels trying to get the right person,” says Donna, adding that every agency is pointing their fingers at one another.
In the spring, the Elliotts were told by a representative from the MTO that the debris could not be removed by the Ministry of Environment, Parks, and Conservation (MEPC) as a result of fish spawning in the lake.
(A spokesperson for the MECP said that the ministry has no involvement in fisheries and that this would be the responsibility of the federal department of Fisheries and Oceans Canada (DFO). The department—which says that fish spawning in Lake of Bays restricts activity by government organizations between March 15 to July 15 every year—is not directly involved with clean-up efforts, but is working with the MTO and landowners to advise on site remediation in the context of habitat disturbance.)
This set into motion months of back and forth between the property owners and representatives from the MTO. Donna says that the MTO told them that once the debris “hits the lake,” it’s no longer their responsibility. The MTO has not confirmed whether this is the case.
For the lake association’s part, they worked with Lake of Bays residents and cottagers to spread awareness about the debris on their social media and were in contact with the Township. A neighbour also connected with the Canadian Coast Guard who posted a warning on their navigational hazards page.
“That’s not good enough, as far as I’m concerned,” says Donna, adding that many boaters wouldn’t think to look at warnings before going out on the water. “I wouldn’t check the Coast Guard’s navigational page.”
Most recently, on August 6, Lake of Bays mayor Terry Glover met with the lake association. According to a spokesperson for the lake association, the mayor noted that he had been in contact with MPP Smith’s office, the MTO, and the MEPC. Mayor Glover reiterated that it is not within the Township’s jurisdiction to clean up debris from the lake.
“It’s very frustrating and dangerous,” says Donna, who is concerned that the debris will still be in the water by the time ice returns to the lake. “Somebody’s got to do something.”
So, who is responsible for cleaning up debris from a lake?
Both the Township and Ontario’s Ministry of Natural Resources suggested that Cottage Life contact Transport Canada. The federal agency removes anything that obstructs or impedes navigation under the Canadian Navigable Waters Act through the navigation protection program.
However, Transport Canada says that it’s not responsible for cleaning up objects of natural origin—such as trees and large sticks—unless the obstruction was human-caused. In a statement, Transport Canada said that the Township could opt to remove the debris or install private buoys to mark the risky spots.
But it’s not within municipal jurisdiction to install buoys, according to a statement from the Township. Donna says that she was also in contact with the Ontario Provincial Police about installing buoys, but they claimed it was out of their jurisdiction.
Cottagers and residents could place private buoys near the hazards. However, if there is an accident involving a private buoy, the owner could be held liable for any damages.
So, where do the Lake of Bays cottagers go from here?
As it stands, all roads lead back to the MTO, who say that cleanup is “ongoing.” The MTO did respond in time for publication in regards to the timeline of the cleanup.
While none of the agencies stated that the cottagers could not remove the debris themselves, many of these obstructions are entire trees or large logs, making it a dangerous and tricky endeavour to take on.
As the situation drags into its sixth month, cottagers on the lake are concerned that somebody—a boater or a swimmer—is going to get hurt. “This has been going on for long enough,” says Donna.
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