While some of your drive may be on provincial highways or municipally-owned roads, most trips to a cottage, camp or cabin end along a private road.
The quality of your private road can affect both your access to and enjoyment of the property, and its overall value.
Local committees, associations, or road groups are an important piece of the puzzle when it comes to private roads. Residents using these non-municipal routes to access their properties have a common interest in, and a shared commitment to, the road’s condition and safety. Ensuring uninterrupted access, fair use, and sharing of the costs of these important community assets means planning ahead and ensuring everyone is included in the decision making.
The evolution of a road group takes time, and may happen in several stages. You might be starting at the very beginning, or you might already have some pieces in place, but lack the support of a written set of bylaws, peer mentors, or benchmark statistics. Some groups begin as a “hand-shake” agreement between neighbours but evolve over time into more standardized organizations.
Wondering what FOCA knows about rural roads?
For information about rural road associations including common questions, important considerations, and how FOCA can help along the way, download this FOCA overview (PDF, 2 pages). See below for more resources.
February 2025 – There have been two recent developments that are important for our members who live on municipally-unassumed or unopened roads:
- First, there was an appeal last year to the Ontario Land Tribunal (OLT) about the Township of Tay Valley’s road access agreement bylaw. In November 2024, the OLT released their decision, determining the Township must amend its bylaw to exclude existing properties from the requirement to enter into road access agreements.
- Then, in mid-February 2025, the Council of the Township of Lake of Bays repealed their previous road licence agreement program, after months of public outcry and consultation. The program had required existing property owners on unopened or unassumed municipal roads to pay for a land survey, obtain $5 million liability insurance, and pay an initial fee of $300 to $600 plus annual fees of $250 to continue to access their properties. The Township is even offering reimbursements to affected property owners who incurred survey or other costs during the interim period.
Read more in a related Opinion Piece published in the Toronto Star and in a March 28th summary update from MuskokaRegion.com which clarifies that Lake of Bays Council approved updates to its policy on purchasing road allowances containing private roads or driveways, in a meeting held on March 18, 2025. Key changes include removing references to the repealed Road Licensing Agreement, reducing the land acquisition fee from $1 to 28 cents per square foot, and lifting the 60-day moratorium on the Road Purchasing Program. Property owners can now apply to purchase Township-owned road allowances used as private roads or driveways.
FOCA discussed the implications of these developments at the 2025 Spring Seminar in our Roads Panel session!
FOCA can and does act as a sounding board and clearing house for general questions related to roads. Roads issues can often be specific and complex matters, and opinions or information offered by FOCA should not be considered a substitute for professional legal advice. Individual circumstances should always be confirmed with independent legal counsel or other professional input as appropriate.
*NOTE: FOCA cannot provide legal or insurance advice about road issues, but member Associations that carry insurance through the FOCA Association liability program administered by Cade Associates Insurance Brokers can access a free legal helpline as one of the policy benefits.
Seasonal or Year-Round Use:
Often problems arise when there are people that use the road differently, such as permanent or year-round users, compared to those who only want seasonal access. Obviously the budget for a year-round road will be quite different! Decisions should be made communally, about how to apportion costs associated with maintenance, plowing and repair. This is a discussion for a membership meeting with clear communications about the implications for every resident, and clarity about who pays what.
There is no “one-size-fits-all” solution, but FOCA can provide member Associations with some benchmark statistics and peer examples, to help your group navigate this conversation. Contact us for assistance.
FOCA has other important road resources for our Member Associations, which are available upon login below. This includes benchmark statistics from our 2019 survey of more than 130 member groups that undertake maintenance of their roads.
Members can access the survey results plus additional resources below, including:
- private roads: who’s in charge? who makes decisions and who pays for what?
- road costs: getting everyone to pay their fair share (including small claims court: when to go, and what to know)
- road liability & insurance considerations for Associations
- road concerns related to ATV/ORV use on private property.
You're missing members-only content!
The following resources - including benchmark data from FOCA's 2019 Road Survey - are only available to members of our Member Associations & current Friends of FOCA (our annual supporters).
If you are already registered on the FOCA website, please login below with your Username and Password.
Need help with your login? Contact us for assistance during business hours. Not yet a Member Association? Find out why you should be!
Please note: the following is archival material, and some links to third-party resources may no longer be active.
November 2019 – If passed as part of the government’s proposed Bill 132, “Better for People, Smarter for Business” Act, the Ministry of Transportation would set out specific requirements in the regulations for a municipality to permit off-road vehicles (ORV) on their roads. According to the Province, this will be done in consultation with industry, the ORV riding community, municipalities and enforcement services. Read more.
June 2017 – Can I Allow a Friend to Use Shared Private Road in Cottage Country? (Toronto Star)
March 2017 – Snow Removal Pricing – what’s legal and what’s not (Government of Canada)
If you do not find what you are looking for in these pages, member Associations can contact the FOCA office for more help.
*NOTE: FOCA cannot provide legal or insurance advice about road issues, but member Associations that carry insurance through the FOCA Association liability program administered by Cade Associates Insurance Brokers can access a free legal helpline as one of the policy benefits.