WWGOD? wrote:
The problem is that it meanders through private land (not in itself a problem since there are no homes/developments near the stream) but it is occasionally choked from downfall.
I'd like to clear the strainers to make the stream more easily navigatable.
But am I doing anything illegal?
Anyone know of the rules in Ontario regarding clearing obstructions in a waterway?
Private land isn't a problem so long as you've got public access, the river bed is crown land. The private owner can't obstruct or prohibit vessels without Transport Canada approval.
The problem lies with whether the trees are alive or dead. If it's a good ol' logjam that needs clearing, have at her. But if any of the strainers are still anchored to shore, beware, that could run afoul of MNR rules for cutting live trees on Crown land.
If the OP wants to be technically lawful, they might seek a permit to cut live trees on crown land. But those permits are intended for firewood cutting, guessing they'd deny any cutting along streams.
Here is a situation where it's Public Navigation Vs. Natural Debris in the river, where the debris is not considered an obstruction, as defined by the shipping act.
Public navigation has always been a contentious topic, from the logging days when monopolization of commerce was fought, to the present, when it's about monopolizing recreational opportunities. Either way, the laws nowadays forbid monopolization, but it happens anyways when the stakes are high enough.
You might consult:
-Canada Shipping Act
-Vessell Operations Restrictions Regulations
-Navigable Waters Protection Act
-Crown land Use(MNR)
That said,
-I prefer hand pruners over saws, they cut thru 1" easily,
-Cuts made right down at the branch node are best!