During a meeting on February 11, Lake of Bays, Ont.’s township council voted to repeal its Roads License Agreement (RLA) bylaw.
The controversial bylaw had been under scrutiny for the last six months after significant backlash from local property owners. The township instigated the bylaw in late 2022 with notices sent to property owners in the mail. The bylaw targeted property owners who used unassumed right-of-ways to access their properties.
These unassumed roads aren’t maintained by the municipality but do fall on municipal land. According to the township, it introduced the RLA bylaw under the advice of its solicitor to limit liability to the township for any accidents that occurred on these roads.
Property owner Andrew Mullins was one of the first to receive a notice about the RLA bylaw. He lives on Chub Lake, south of Huntsville, and has been using a shared right-of-way for the last 17 years to access his property.
In the notice, the township explained that Mullins would have to sign an agreement to continue using the right-of-way. As part of the agreement, he’d be required to pay the township a $350 application fee ($650 for any roads longer than 30 metres), pay to have the road surveyed, pay to bring the road up to the township’s standards (the standards were unspecified in the notice), pay a $250 annual fee to use the road, and take out $5 million in liability insurance to cover anyone using the road.
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If he refused to sign the agreement, the township said it would bar him from using the road and charge him with trespassing if he tried. The fine for trespassing once was $1,000. Three times was $25,000.
“If liability is such a great concern, why does the township not offer the property for sale, having no value as only being set aside for an accessway?” Mullins wrote in an email to Lake of Bays Mayor Terry Glover on May 9, 2024. “The sale of the property would garner a cash injection into the system [and] remove all liability concerns.”
He added that it didn’t make sense for a small group of property owners to cover the maintenance and insurance costs of a public road open to anyone.
After enough pushback, the township announced a 180-day moratorium for the RLA bylaw on August 13, 2024. This temporary suspension provided opportunity for the public to provide feedback. At a September 9, 2024 meeting, 26 members of the public spoke out against the RLA bylaw and 27 submitted written comments.
Mullins and another property owner filed a Notice of Application to the Ontario Superior Court of Justice in November 2024. The intention was to have the court overturn the township’s RLA bylaw. The court date was set for April 1.
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However, in January, the township began to change its mind. “I am sorry for the hardships this may have caused, along with the frustration and uncertainty experienced by those affected,” said Mayor Terry Glover in a January 14 meeting addressing the RLA bylaw. “Councils have an important role in shaping policies that serve our community. When a policy causes division or damages the relationship between the public and the township, we are responsible for reassessing and making things right. That’s where we are now.”
On February 11, council voted to repeal the RLA bylaw. As part of this repeal, the township stated that all existing driveways and roads on municipal road allowances or township-owned property would no longer require an agreement.
In place of the RLA bylaw, the township adopted a new Unassumed Road Improvement bylaw. Under this bylaw, any new driveways or access roads using municipal road allowances or other township-owned property will require a signed agreement. As part of this agreement, the property owner will have to pay a $350 application fee ($650 for roads longer than 30 metres) and take out a liability insurance policy. The township requires a minimum of $2 million in liability insurance for roads less than 30.48 metres, and $5 million for roads longer than that.
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The township has also made it easier for property owners to purchase municipally-owned road allowances. At a March 11 meeting, the township lowered its land acquisition fee for purchasing road allowances containing private roads or driveways from $1.00 per square foot to $0.28 per square foot.
Property owners interested in purchasing a township-owned road allowance containing a private road or driveway can apply through the Lake of Bays’ land and agreements coordinator.
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