Ontario Construction News staff writer
The Town of Niagara-on-the-Lake and Niagara Gorge Jet Boating Limited (NGJBL) have reached a settlement that will resolve a longstanding dispute over the former licence agreement for the Melville Street Dock while creating new public access to the Niagara River.
Under the Minutes of Settlement, NGJBL will provide and install a new floating docking system at 1 Melville Street for paddle sports and other non-motorized watercraft.
The system will include docks, gangways, ramps, mooring blocks and chains. Once installed in accordance with the settlement, the infrastructure will become the property of the town.
NGJBL will also cover the costs of seasonal installation and removal of the docking system, adjustments to mooring chains as water levels change and winter storage for seven years.
The settlement value is about $330,000, including the docking infrastructure and associated installation, removal, adjustment and storage services.Mooring blocks are expected to be installed in fall 2026, with the floating docking system anticipated to be fully operational for the 2027 recreational season.
The docking system will support kayaking, canoeing, paddleboarding and other recreational activities, shifting the use of the site toward public waterfront access. The settlement does not contemplate commercial use of the new docking infrastructure.
For years, the Melville Street Dock primarily supported a commercial jet boat operation. Under the settlement, the docking system will be launched from and returned to the Queenston Dock by jet boat to reduce disruption along Melville Street and River Beach Road.
The settlement also supports longer-term planning for the waterfront.
The town’s 2015 Waterfront Park Land Improvements Master Plan identified a vision for a passive waterfront corridor serving residents and visitors and specifically included a kayak, paddleboard and canoe launch area.
The current Dock Area Plan Update similarly identifies opportunities to repurpose the Melville Street Dock following relocation of the jet boat operation, improve the waterfront interface and provide dedicated access for small watercraft.
Public engagement conducted as part of the update also identified improved dock functionality and dedicated craft-launch access among community priorities.
The new docking system does not determine the final outcome of the Dock Area Master Plan. The town said it will continue its planning and public engagement work, with Council expected to receive options for potential transient visitor docking in early 2027.
The settlement stems from a dispute over a 10-year licence agreement NGJBL entered into with the town in September 2012 for non-exclusive use of the Melville Street Dock to operate jet boat tours. The agreement was scheduled to expire March 31, 2023.
A dispute arose following high-water conditions in 2019 and pandemic-related restrictions in 2020 and 2021. NGJBL maintained that the circumstances significantly restricted its ability to use the dock, while the town sought payment of licence fees under the agreement.
The town issued a notice cancelling the licence agreement in June 2022 over non-payment of licence fees. NGJBL subsequently commenced arbitration proceedings in July 2022, seeking repayment of certain licence fees and other damages. The town filed its response to the arbitration in May 2023.
The settlement resolves the matters arising from the former licence agreement and avoids the additional costs, time and uncertainty associated with continuing the arbitration.
Once the settlement terms are completed, including installation of the docking system, the parties will exchange full and final releases related to the dispute and the arbitration will be withdrawn.
The town said the agreement both concludes the longstanding dispute and provides new infrastructure to support recreational access to the Niagara River.
