Casual Legal: Leisure, lakes & liabilities

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Hannah Schmakeit 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Tens of thousands of Albertans flock to lakes and rivers across the province every summer to beat the heat and swim, boat, and fish.  

Recreational lakes are a surprisingly complex intersection of numerous jurisdictions and statutes. 

Under the Public Lands Act, the Fisheries (Alberta) Act, and the Water Act and all the regulations under those acts, Alberta Environment and Protected Areas regulates shorelines, water withdrawals, environmental protection, fishing, watercraft inspections, water use, and water quality. Alberta Health Services also oversees water quality monitoring and reporting at a lot of lakes. Permits for docks, piers, or shoreline alterations require provincial approval. 

Under the Canada Shipping Act, 2001 and the Fisheries Act and all the regulations under those acts, Transport Canada and Fisheries and Oceans Canada regulate pleasure crafts (boats) and fishing and aquatic species. 

Municipalities can regulate certain aspects of lakes entirely within their boundaries through land use bylaws and planning, but they may not override provincial regulations. For example, municipalities may choose to zone the lands near the lake for specific commercial development or even create certain aesthetic bylaws.   

The first step in creating a municipally operated beach or recreational area is often first entering into an agreement with the provincial government which divides responsibilities for funding, maintenance, and other matters relating to the proposed beach or recreational area. Risk management strategies for such areas can range from merely establishing signage prohibiting swimming and enforcing such a prohibition to hiring lifeguards and establishing bylaws about swimming in recreational areas. 

Due to the high risk of injury, the intersecting areas of law, and the complexity of such matters, please contact our office if you are planning on taking steps to develop a local lake into a beach or recreational area. 

 To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310-MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.