Public access to water
Public access to water is a fundamental right that is slowly disappearing.
4 reasons why public access to water is important
Ensuring social justice
Water is a collective resource, but the banks are increasingly privatized. Access to water as a fundamental right is slowly sliding towards a privilege, to which not everyone has equal access.
Adapt to climate change
Extreme climatic events, such as heatwaves, will become more and more frequent according to experts. Access to cooling sources is necessary, especially for vulnerable urban populations, living near heat islands for example.
Contribute to water quality
When a city or municipality undertakes to provide public access to waterways for swimming, for example, it also undertakes to ensure water quality (to maintain the health of its citizens). and citizens).
Promote the well-being of humans and nature
Recharge your batteries, swim, have fun: lakes and rivers allow us to experience wonderful moments! Then, it’s well known: we protect what we love. And you can only love something by experiencing it. It is therefore in contact with the large natural spaces that are lakes and rivers, and therefore by having access to them, that we may want to commit to preserving them!
What is Fondation Rivières doing to promote public access to water?
- Mobilize citizens: Fondation Rivières supports citizen committees through science-based research and by jointly developing mobilization and communication strategies.
- Challenge governments: Fondation Rivières calls on elected officials to implement or adjust public policies to guarantee public access to water, whether by means of letters or interventions in the media, contributing to the debate audience.
- Carry out studies to evaluate the swimming potential: by studying the water quality of lakes and rivers, the Foundation is better off recommending and encouraging the mandated municipalities/cities to make the necessary corrective measures (if necessary) in with a view to providing safe access to water to their population.
Discover our actions for access to water
Frequently asked questions: public access to water
Bank, shore, coastline, shore, bed of a watercourse: what is the difference?
Let's go from the largest area to the smallest.
The Larousse defines the bed of a river as being “the part of the valley floor where the waters of a stream flow. We distinguish the major bed, or floodplain, occupied by water only during floods, and the apparent bed, also called minor, ordinary or permanent. »
According to the Policy for the Protection of Shores, Littorals and Floodplains, the coast is “the part of watercourses defined from the high water mark towards the center of the body of water”, which we could here call the bed of the watercourse.
The shore, it is “the strip of 10 to 15 meters bordering watercourses, measured from the high water mark”, again according to the Policy. It is outside the aquatic environment, but can be temporarily submerged following significant flooding, according to the MELCCFP. In the eyes of the provincial government, the bank as well as strike do not have as precise a definition as the shore, but could constitute a synonym.
What does the law say about public access to water?
Two articles of the Civil Code of Quebec interest us here.
- Thesection 919 indicates that “the bed of lakes and navigable and floatable watercourses is, up to the high water mark, the property of the State”. For bodies of water that are not navigable or floatable, it is the same thing, with the exception of certain lands purchased from the State before February 9, 1918 by private owners.
- Thesection 920 provides that "any person may travel on watercourses and lakes, provided that they can access them legally, do not infringe the rights of riparian owners, do not set foot on the banks and respect the conditions of water use. » In other words, if the land to get to the coveted watercourse is private, you must ask permission from its owner before setting out, and respect their decision.
How do you know if a bank is public or private?
It is the high water mark which makes it possible to delimit an area belonging to the Quebec State, and therefore public, from a private area at the water's edge. You must therefore be able to recognize this line (see question-answer below) or consult the Register of land patent letters.
What is the high water mark and how to recognize it?
The high water mark is the boundary between a public area and a private area. It varies depending on the sector, whether it is tidal or not.
For tidal sectors, it corresponds to “the average elevation of the highest tides in March observed over a period of 19 years”, according to the government of Quebec. As for sectors not subject to tide, it corresponds to “the limit of the body or watercourse when it flows to its full edge, without overflowing or flooding.”
In Quebec, the tidal sectors are located between the surroundings of Trois-Rivières and the Gulf of St. Lawrence.
It can sometimes be recognized by the deposit of sediments deposited by the waters on the coast. To know the exact position of this line, you must contact a land surveyor. Note that the high water mark is dynamic over time, since it is dependent on natural phenomena.
What are my recourses if a person or organization prevents me from using public access to a bank?
The first step is to ask the right questions to obtain the right information:
- Who are the stakeholders in the case, what are their positions, intentions and motivations? You will probably need to contact them.
- What are the boundaries of public land? Is there a land surveyor's plan? It is possible to verify this by carrying out a search beforehand, in particular on the Register of Land Letters Patent.
Even after having made these checks, you will certainly still have doubts or blind spots, since particularities could apply. If someone close to you has expertise in town planning or law, it could certainly benefit you. Otherwise, you can contact the hotline of the Quebec Environmental Law Center (CQDE), which provides legal information so that you can act to protect the environment or to better understand the legal framework.
Finally, gain support: a voice has more weight when it is shared. You can of course contact us.
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