GUIDE TO BILL 100, SUPPORTING ONTARIO’S TRAILS ACT, 2016

A GUIDE TO BILL 100, SUPPORTING ONTARIO’S TRAILS ACT, 2016

Well, I’m running out of superlatives describing how much effort Tony Molica put into this undertaking with Steve Elliot and  Mike Webb proof reading it.

Fred Kelsey taking over for Rene’ Leenaars as president  is excited to move forward following the completion of this enormous task.

OK..so I have the easiest job in the club..and I’m stumped..for some reason the pdf is not allowing itself to be posted..so I will work on that later

Here is a plain black and white copy until I get this figured out. 

 

A GUIDE TO BILL 100, SUPPORTING ONTARIO’S TRAILS ACT, 2016
This guide provides a general overview of the recently passed Supporting Ontario’s Trails Act.2016. Members of the MLSTA, our surrounding clubs, and our riders sincerely appreciate the ongoing support of our landowners, and we hope that this information serves as a useful guide.
The purpose of the Act is to increase awareness, encourage the use of trails, and to enhance and protect them for future generations. This new legislation grants more rights to landowners, streamlines claims, and addresses a standard of care required by organizations that establish trails on private property.

Key Benefits of the Act for Landowners
• Removes the ceiling for damages to property, and makes it easier for landowners to recoup damages.
• Increases the maximum fine that may be imposed on trespassers from $2,000 to $10,000,
• Clarifies that users of the recreational trails use them at their own discretion and risk.
Frequently Asked Questions
Q.  Am I forced to grant an easement on my property?
A.  No. A landowner is not compelled to provide an easement. This Act simply provides landowners and eligible bodies an option to consider with respect to trails. In no way will this bill force an easement onto your property. To be perfectly clear, section 12.4 of the legislation states the following:
“For greater certainty, the decision to grant an easement under subsection (3) is voluntary.”

Q. I have always dealt with my club via a handshake or local land use agreement. Will that change?
A. No. The Act is clear that you can continue to grant access to your property under previous arrangements. The government cannot force you to grant an easement for a trail.

Q. Does this new legislation mean that I have to allow a trail onto my property?
A. No. This legislation preserves the need for permission to cross landowner properties.

Q. Does this legislation address trespassing?
A.Yes. Historically, claiming for damages caused by trespassing often forced a landowner to file a land claim in court. This Act now streamlines the process and increases the maximum fine that may be imposed on trespassers from $2,000 to $10,000.

Q.  I am concerned about damages including crop damage. How does this legislation address this?
A. This Act now removes the ceiling for damages to property and makes it easier for landowners to recoup damages caused to property.
For more information, please go to http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=3338

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