License of Occupation Policy

The policy was created based on advice from the Township’s legal counsel and insurance provider and is meant to protect both the Township and license holders against any potential litigation. A mutually beneficial policy, it allows license holders to continue to maintain, upgrade and enjoy privately owned infrastructure on publicly owned waterfront land. It was passed after careful consideration and plentiful debate by the Council of the Township of Algonquin Highlands.

The policy applies only in cases where privately owned infrastructure is located on a Township-owned shore road allowance directly across a municipally maintained road from the associated residence. It does not apply in cases where the public shore road allowance is separated by a provincial highway from the adjacent residence. It does not apply in cases where the Township-owned shore road allowance directly abuts a private property.

The License of Occupation Policy applies to docks, stairs and pumphouses and any other privately owned infrastructure located on a Township-owned road allowance. No structure of any sort may be built on docks.

Residents requiring a license must fill out an application. The application requires:

• An application fee as per the Township’s Planning Fee By-Law
• Seasonal pictures of current shoreline vegetation
• Copy of applicant’s property deed
• Copy of the Reference Plan for the applicant’s property to determine lot line extension
• A $2,500 deposit towards the legal fees related to processing the License of Occupation
• A detailed sketch or site plan

The license will remain in effect for 10 years, at which point the application process begins again.

The shoreline area subject to a License of Occupation will be required to remain in a natural state except for where permitted structures and pedestrian access are to be located. Planting of additional native vegetation on shoreline area subject to a License of Occupation is encouraged.

Existing structures in contravention of this policy as of the date of its passing within the Township of Algonquin Highlands shall be allowed to remain. Replacement of existing structures in contravention to this policy will not be permitted. Minor repairs to existing structures shall be permitted at the discretion of the Township of Algonquin Highland’s Chief Building Official. Structures deemed to be unsafe by the Township will be required to be repaired or replaced at the discretion of the Township of Algonquin Highlands.

License holders will be required to deposit, with the Township, annually during the term of the agreement, a certificate of public liability insurance covering the encroachments, in the minimum amount of two million dollars.

After Jan. 1, 2026, the Township may issue orders to remove non-complying structures.

The License of Occupation Policy requires a $750 application fee, an annual $500 fee, and a deposit of $2,500 towards legal fees related to processing. Any monies remaining from the deposit will be returned to the applicant, and in cases where a license is denied, the application fee will be refunded. License holders are also responsible for the cost of providing two million dollars’ worth of public liability insurance, annually.

For residents who enter into a License of Occupation agreement before Jan. 1, 2025, the $750 application fee will be waived.

After Jan. 1, 2026, the Township may issue orders to remove non-complying structures.

While revocation of licenses is not anticipated, the following are reasons why a license may be revoked:

1. Non-payment of annual fees

2. Public liability insurance carried by the licensee being cancelled

3. Unauthorized construction of new structures

4. Unauthorized alterations to existing structures

5. Unauthorized alterations to vegetation

6. Unauthorized alterations to the subject lands (grading, etc.)

7. Contravention of the License of Occupation Agreement registered on title

8. Contravention of Township By-laws (Noise, Clean and Clear, Zoning etc.)

This list is intended to be used as a guide only and reasons for a License of Occupation to be terminated are not limited to what has been listed. The Township of Algonquin Highlands reserves the right to terminate a license of occupation at its sole discretion.

Because each property is unique, if you think you may require a License of Occupation, it’s suggested you contact the Township of Algonquin Highlands’ Planner, who’ll be happy to answer your questions.