Showing posts with label #ontariotrailsact. Show all posts
Showing posts with label #ontariotrailsact. Show all posts

Wednesday, March 2, 2016

Ontario Trails News - Hike Ontario published in Ontario Farmer, now we are all trying to reverse this damage in rural Ontario!

Hike Ontario comments appear in Ontario Farmer - thanks to Tom Friesen from HO for sending this over to OTC!

MISINFORMATION ABOUT TRAIL EASEMENTShike ontario logo

Erroneous information about two Bills that are before the Ontario Legislature has been recently circulated to various media (including the Ontario Farmer weekly newspaper) by the Ontario Landowners Association (OLA), a group committed to the cause of property rights in rural areas. This misinformation, if not corrected, stands as a threat to all types of trails on private land throughout Ontario.

In spring 2015, Michael Coteau, Minister of Tourism, Culture and Sport, put an Ontario Trails Act out for review. An internet search for “Bill 100 Ontario” will bring up the text of the proposed Act. Amongst the various provisions of the Act,  Section 12 (Easements) gives a new ability to landowners and incorporated trail groups to mutually and voluntarily enter into easements to secure the route of the trail and to limit what kinds of use are permitted on it. Section 12(3) entitled “Granting of Easements” states “An owner of land may grant an easement….,” clearly indicating a voluntary choice on the part of the owner. The OLA’s deliberate misrepresentation says instead thatthe passage of the legislation would force easements onto all owners with existing footpaths and snowmobile trails.  This misrepresentation has already resulted in the closure of 10 snowmobile trails in Muskoka and threats of closure to long standing portions of the Thames Valley Trail.

In response to this misinformation, and to concerns raised by the Ontario Trails Council (OTC), Minister Coteau issued a statement on Feb. 10 on the easements component of his legislation. His statement that makes it quite clear that easements are voluntary. 

The OTC also issued a detailed press release which can be seen on their website, which also makes it plain that any easements under the legislation puts the power of decision into the hands of the landowner.
Secondarily, an Opposition MPP had introduced a private members’ Bill 118 that clarifies an existing right of the public to walk below the high water mark on most shores of the Great Lakes and their “connecting channels,” such as the Detroit and Niagara Rivers. On Jan. 1, the OLA’s website erred and misrepresented this term to mean that the Government would give the public the right to walk or ride inland along the bank of every single watercourse draining into the Great Lakes. (Incidentally, private members’ bills are rarely supported in the Legislature by the Government and instead “die on the order paper.”)

I have tremendous respect for the generosity of rural land owners who allow trails to cross their property. I can understand their mistrust of the provincial government when the farm subsidy on diesel fuel is removed, wind farms are erected over local objections, and some government policies seem to be directed to satisfy urban areas. 

Trail associations (whose very existence is dependent on the generosity of farmers and other rural landowners), insure the trails to protect the owners, and inspect and maintain them for the best experience of the users and to deal with any safety issues. The truth about trails is that they actually enhance the property value of lands they cross, on resale. They also enhance the quality of life for all Ontarians who enjoy a walk in the woods or a snowmobile ride.  

All trail organizations and local clubs need to clearly refute the misinformation, communicate clearly and often with landowners and stand beside them to advocate for their rights. 

Hike Ontario and its’ partners, the Ontario Trails Council and its members, have over many years lobbied the Ontario Government for a property tax credit to recognize all landowners who have for many years granted permission for what are really “health-building” footpaths to cross their land. The Province gives property tax breaks or subsidies for managed forests, conservation lands, farmland, and outlet and tile drains. Why not recognize our landowners for the health-building benefit that their footpaths are providing to our citizens?  I believe that it only makes common sense for the Province to recognize landowners for the very large benefit that they are providing to reduce costs (and our taxes) to our health care system by allowing footpaths through their lands.  And in so doing, and with other forms of landowner recognitions, the Province could remedy the damage recently done by OLA-generated misinformation and guard against the loss of access to private land for footpaths and other types of trails.

We, and the OTC, seek out a meeting with the OLA that would allow us to move forward with a shared agenda that reflects the real needs of rural Ontario, and that sorts out what are, and what are not, the needs and the useful initiatives from the Province on trails and footpaths.
 
Tom Friesen, 
President, Hike Ontario
 

Tuesday, March 1, 2016

Ontario Trails News - we continue to correct misinformation about Bill 100 - why don't they stop?

Ontario Trails Council wants all to "Know your Agreement"


As a charitable organization working to promote the management, use, development and preservation of recreational trails, the Ontario Trails Council is concerned that the facts regarding Bill 100, trails and landowners, are being misunderstood by some groups.
 
To be clear, Bill 100 only affects landowners who want to negotiate an easement for trail access. It in no way makes trails on private or public land nor does it take negotiation rights away from landowners. What it does is make the process clearer. As an aide we've provided a Q and A for landowners and trail groups.
 
Q and A
 
1) Do I own my land after Bill 100?  – Yes. The landowner is still the owner of the land. Your land is not given up through the Act. The landowner still has title and deed even through an easement process.
 
2) What does easement mean? Easement means you are providing access to your land. Addition - it's a formal legal agreement between a landowner and a trail group to allow access to their land, that is voluntary and must be consented to by both parties.
 
3)  Land easements between 3rd party groups and private landowners are negotiated and are not government expropriation - Bill 100 does not represent or enable government expropriation, and the word expropriation is not mentioned in the Act. An easement is not an expropriation.
 
4)  Bill 100 improves easement negotiation  - the Act itself doesn't give trail groups more rights, it means that trail groups have to negotiate the easement with landowners. If you don't want to negotiate an easement you won't have to.
 
5)  Are your property rights lost or not protected through easement agreement? Easements are legally binding so you want to secure your best possible protection and expectations going forward with your easement. Make sure you secure your requirements when you ease. Before signing make sure you are in agreement with the terms of the agreement.
 
6)  Future trespass and Bill 100 - currently there are limits of cash penalty for trespass and for property damage. Trail groups worked with landowners to secure "no damage limits' so if you, your business or your property, off the easement, are damaged, you have greater legal recourse via Bill 100 than you currently have now.

7)  Easements are between you and the third party. Bill 100 reinforces a fair and reviewable process, so that if parties don't provide expectations and land management requirements, as per your easement, legal remedy can be sought.
 
8)  Are my property rights (easement) at greater risk because of Bill 100We don't think so. By enacting Bill 100 there are real benefits to landowners. Trails will be defined, trails will be marked more clearly, and trail users, will be expected to adhere to landowner agreements. Once the easement is secured it is binding on both parties.
 
9) What happens if somebody doesn't do what we agreed?  If I sign off on an easement and the group I sign it off and someone doesn't do what they say in the easement. If the agreement is breached, then legal redress can be sought on or by the other party.
 
10)  Can I pull out of an easement after Bill 100?  You can, but as a landowner you don't want to be in a breach. Neither does the trail group, after all, you both negotiated the agreement. In a breach situation closing or nullifying your agreement would depend on a judge's decision.
 
If you have any questions about Bill 100 please contact the Ontario Trails Council, 613-484-1440 or email us at:  execdir@ontariotrails.ca We are here to help everybody have a better understanding of trails, trail use and management practice. Please read our paper on Bill 100 – it's available here -  http://goo.gl/yzlO0X
 

Ontario Trails Council contacts Media, distributes content to members and third parties
 

At Ontario Trails Council we've done more on Bill 100 this week. We've been on the phone with trail groups, landowners, the media and government officials. We've worked to clarify the issue, we were contacted on the weekend before the story broke big and we think we helped reduce the loss of trail through our effort. Please support this by:
  • Contact your MP and ask them to support Bill 100
  • Contact your Regional Trails Committee and ask them to support Bill 100
  • Send the OTC Press Release to area trail and landowners to clarify the issue
  • Most importantly - understand what the landowners concerns are and listen to them. If we respond as good neighbours they will understand trail folks are good folks
  • Talk to other trail users and tell them - don't trespass, respect private property - that saves trails!


Ontario Trails Council asks media  - please stop circulating incorrect coverage https://goo.gl/1YITa8
 
“Something that bothers me as a rural property owner is forced easement. If I have an agreement with my neighbour or snowmobile club that is exactly what it is, an agreement,” said Karen Mahon, a West Perth landowner. “An easement on the other hand is registered and runs with the land. You cannot get out of it. That is mentioned in Bill 100 and is easement law.”

Not forced. To continue to publish this is just wrong.

"But according to Elizabeth Marshall, the director of research for the Ontario Landowners Association, Bill 100 would lead private property owners into thinking they can allow trails across their property while retaining the right to shut those trails down. Shutting trails down that have been registered as easements under Bill 100 would not be as easy as it is through direct agreements, Marshall claimed."

There is no leading, this is a position the landowner can pursue of their own volition.

We request that media outlets stop publishing comments that are opinion and that are scaring landowners. The OTC has done interviews with these publishers clarifying our position, the Act and our go forward strategy, as well as getting our Press Release to them.

Know your easement and we are working with landowners to make sure the types of agreements are better understood and enacted by them.

Monday, February 29, 2016

Ontario Trails News - Bill 100 misreporting and misinterpretation continues, no stoppage despite clarification from OTC and others

Ontario Trails Council continues to track erroneous landowner reporting on Bill 100


Press Release
For immediate release: Feb 25, 2016                        ontario trails council bilingual logo
Contact:  Patrick Connor, Executive Director
Ontario Trails Council
1-613-396-3226  execdir@ontariotrails.ca

Ontario Trails Council Continues to Correct Misinformation about Bill 100

The Ontario Trails Council has asked the Ontario Landowners Association to cease or retract misinformation regarding Bill 100, that they continue to circulate through public meeting and the media. We also would ask the media to cease and desist as the information they are provided is being misunderstood.

Several respected groups, the Minister of Tourism Culture and Sport, community organizations involving farmers to hikers, and even MPP Randy Hillier (founder of the Ontario Landowners Association) and our organization, wants the closure of trails to stop. We respect landowners and we want to preserve 50 years of friendly relations amongst us.

Bill 100 only needs some tweaks and clarifications and this can be done by the OLA, and other groups, working through the OTC.

Reports from “The Lanark Era,” have “Randy Hillier Member for Lennox-Addington-Frontenac in Provincial Parliament saying the landowners’ group has misled the public on the benefits and drawbacks of Bill 100, which, in part, would regulate easements on private property.”

The OTC is looking to get additional support for other landowner agreements, recognized in the Bill.

Further MPP Hillier, “stressed that Bill 100, which has made it through first reading and has yet to be debated, is a positive bill for property owners and land users…” “It creates a new legal mechanism that provides greater certainty to trail associations and to private landowners over the use of land,” Hillier explained.

At Ontario Trails Council we are working with Ministry Staff, and through committee, to bring to the Bill changes that will work for trails and landowners. At OTC we are moving forward through communication with the government to secure a positive outcome for all.

Despite published clarifications on the part of the Ontario Trails Council and the government, some people and their media partners continue to do damage to trails. Please review our input and work with us to change the Act for the better.

OTC Press Release

https://www.scribd.com/doc/299473575/Hillier-pans-landowner-views-on-provincial-trails-bill#download

If you have any questions about Bill 100 please contact the Ontario Trails Council, 613-396-3226 or email us at: execdir@ontariotrails.ca

We are here to help everybody have a better understanding of trails, trail use and management practice.

Please read our paper on Bill 100 – it's available here -http://goo.gl/yzlO0X

-30-

Friday, February 26, 2016

Ontario Trails News - please publish fact not fiction on Bill 100 impacts!

Ontario Trails Council continues to track erroneous landowner reporting on Bill 100


Press Release
For immediate release: Feb 25, 2016                        ontario trails council bilingual logo
Contact:  Patrick Connor, Executive Director
Ontario Trails Council
1-613-396-3226  execdir@ontariotrails.ca

Ontario Trails Council Continues to Correct Misinformation about Bill 100

The Ontario Trails Council has asked the Ontario Landowners Association to cease or retract misinformation regarding Bill 100, that they continue to circulate through public meeting and the media. We also would ask the media to cease and desist as the information they are provided is being misunderstood.

Several respected groups, the Minister of Tourism Culture and Sport, community organizations involving farmers to hikers, and even MPP Randy Hillier (founder of the Ontario Landowners Association) and our organization, wants the closure of trails to stop. We respect landowners and we want to preserve 50 years of friendly relations amongst us.

Bill 100 only needs some tweaks and clarifications and this can be done by the OLA, and other groups, working through the OTC.

Reports from “The Lanark Era,” have “Randy Hillier Member for Lennox-Addington-Frontenac in Provincial Parliament saying the landowners’ group has misled the public on the benefits and drawbacks of Bill 100, which, in part, would regulate easements on private property.”

The OTC is looking to get additional support for other landowner agreements, recognized in the Bill.

Further MPP Hillier, “stressed that Bill 100, which has made it through first reading and has yet to be debated, is a positive bill for property owners and land users…” “It creates a new legal mechanism that provides greater certainty to trail associations and to private landowners over the use of land,” Hillier explained.

At Ontario Trails Council we are working with Ministry Staff, and through committee, to bring to the Bill changes that will work for trails and landowners. At OTC we are moving forward through communication with the government to secure a positive outcome for all.

Despite published clarifications on the part of the Ontario Trails Council and the government, some people and their media partners continue to do damage to trails. Please review our input and work with us to change the Act for the better.

OTC Press Release

https://www.scribd.com/doc/299473575/Hillier-pans-landowner-views-on-provincial-trails-bill#download

If you have any questions about Bill 100 please contact the Ontario Trails Council, 613-396-3226 or email us at: execdir@ontariotrails.ca

We are here to help everybody have a better understanding of trails, trail use and management practice.

Please read our paper on Bill 100 – it's available here -http://goo.gl/yzlO0X

-30-

Thursday, February 25, 2016

Ontario Trails News - Better Farmer and the Flesherton help us correct misinformation about Bill 100

Ontario Trails Council gets media coverage on issue in The Flesherton

Ontario Trails

Trail groups, including the Ontario Trails Council, are concerned that some property rights associations are spreading mis-information about Bill 100, The Ontario Trails Act, which is now before the legislature.
The main source of confusion concerns property easements, which some groups are representing as mandatory. This is not true. “To be clear, Bill 100 only affects landowners who want to negotiate an easement for trail access. It in no way makes trails on private or public land nor does it take negotiation rights away from landowners, Patrick Connor, Executive Director of the Ontario Trails Council (OTC) says.
As a charitable organization working to promote the management, use, development and preservation of recreational trails, the OTC is concerned that the facts regarding Bill 100, trails and landowners, are being misunderstood by some groups, Connor says. He says the bill actually “makes the process [of negotiating easements with landowners] clearer.”
And, Michael Coteau, Minister of Tourism, Culture and Sport, the ministry that drafted the Bill, has also issued a statement to clarify any mis-interpretations. “To be clear, an easement pursuant to Bill 100, if passed, would be a voluntary agreement between a landowner and an eligible body or bodies. No property owner would be compelled to provide an easement unless they agreed to do so.”
The Ontario Trails Act was introduced in May, 2015, by Coteau. If passed by the legislature, the Act will result in changes to other Acts of Legislation to reduce liability exposure for land owners, increase fines for trespass, as well as introduce other changes that will make it easier for groups to hold events, while providing better guidance on issues of risk exposure and liability.

Ontario Trails Council gets media coverage in Better Farmer

Provincial Trails Act sparks concern in the countryside

© AgMedia Inc.




February 15, 2016

‘We think the trails and the Trails Act have become a lightning rod for a lot of other concerns’ says Trails Council head

by BETTER FARMING STAFF

Farm owners hosting recreational trails on their properties shouldn’t fear that the province is trying to steal their land by using a law that is currently being considered in Queen’s Park, says the executive director of the Ontario Trails Council.
Desboro (Deseronto) -based  Patrick Connor says some landowners have recently broken agreements with local trails groups and closed recreational trails through their properties in the Gananoque area because of negative publicity about the Ontario Trails Act, also known as Bill 100. “We are upset because the landowners are upset,” says Connor. On Saturday he sent a release to news media asking them to stop. “We respectfully request that your organization not publish any media that further causes damage to trails or landowner relations. We appreciate the land that landowners provide to trails, and this appreciation is being lost.”
Connor says erroneous charges have been made in the media. “The articles that went out claimed that the Act is going to do certain things that the Act is simply not going to do,” Connor said in an interview. Earlier in the week the federation of all-terrain vehicle clubs lost seven sections of their trails. Some trails arranged for by snowmobile clubs have also been shut down.
“There is a real agitation going on here and rightly so,” Connor says. “If the trail is another way that the government is going to take my land, through this Act, I’m taking my land back before they do so. But the Act doesn’t say that.”
“We think the trails and the Trails Act have become a lightning rod for a lot of other concerns.” Connor mentioned “tensions in rural areas . . . Including wind farms” which are highly unpopular in some parts of rural Ontario.
Connor says trails have been established in Ontario over 40 or 50 years and this legislation was developed from the grass roots up and with consultation from organizations such as the Ontario Federation of Agriculture and the Ontario Federation of Snowmobile Clubs, as many as 250 community groups and a number of provincial ministries. Connor says the bill actually strengthens the position of land owners where trails are concerned because it allows for much higher fines for trespass and for property damage. There’s little that’s new in the Act, other than “soft” topics such as a provincial trails week every year and a trail classification system. Mostly the law just puts a lot of pieces about trails “into one file.”
Following a single interview news item quoting a “concerned citizen” decrying the Trails Act, aired on Wingham-based Blackburn Radio early last week, Connor says he spoke at length with the station’s news director and believes that turned down the rhetoric in western Ontario. Completion of the G2G (Guelph to Goderich) trail on a disused rail right of way remains particularly controversial.
Paul Shaughnessy, executive director of the Ontario Federation of Snowmobile Clubs, says a letter to the editor published in the weekly newspaper Ontario Farmer and other Postmedia newspapers across the province criticizing the Trails Act is simply incorrect. Elizabeth Marshall, director of research for the Ontario Landowners Association wrote that landowners who let snowmobile trails on their property may be handing their land over to the local conservation authority.
“Landowners do not need to fear snowmobile clubs” because they don’t operate under easements, Shaughnessy says. Snowmobile trails operate under partnerships between local clubs and landowners, a “time-tested” arrangement.
Tom Black, president of the Ontario Landowners Association, which has chapters across rural Ontario and in Toronto, stands by the researcher’s work and words and says the snowmobile federation “is being used.” But he stopped short of asserting that landowners shouldn’t let recreationalists on their property. ”We are not telling people to close their trails. We tell them the information; they can do what they want with it.” But he hopes that weather keeps the snowmobile trails in his area closed “until this gets straightened out.” The 22-page Trails Act passed first reading in the Legislature last May and is now before committee.
Black interchanges the terms “easement” and “right of way” and asserts “it says right there in the Act” under Section 12, once a trail is registered it can belong to any of a dozen groups, including conservation authorities, aboriginal groups, school boards,  and charitable organizations such as the Ontario SPCA.
Black counts about 180 groups associated with the Ontario Trails Council, but says no one there represents land owners, where the trails are, and there’s no one on the council representing farm groups.
“I don’t see a problem here,” says Peter Jeffery, senior researcher, Ontario Federation of Agriculture, which made a submission to the province regarding Bill 100. “When you read that whole section on easements ...  subsection 3 says property owners may enter into easements. ... You  have two choices, yes or no. No is a valid answer. You can’t be forced into this.”
Michael Couteau, minister of tourism, culture and sport also weighed in on the issue in a statement issued Feb. 10. “An easement pursuant to Bill 100, if passed, would be a voluntary agreement between a landowner and an eligible body or bodies. No property owner would be compelled to provide an easement unless they agreed to do so.”
The farm federation had asked the province to stiffen the trespass to property laws but didn’t really get what it wanted. Bill 100 allows for higher maximum penalties, up to $10,000 for trespassing on private property, but Jeffery says it doesn’t help much as most fines levied for trespass are minimal. A $50 or $100 fine for trespassing is meaningless to someone driving an $8,000 ATV in a farm field, Jeffery points out. There needs to be a minimum fine applied. BF
Read the comments - Patrick Connor added - 




THANK YOU


On behalf of the Executive and Board of the Ontario Trails Council I would like to express our thanks to Better Farming for publishing our comments. Just a couple of things, the OTC President and Secretary are ranchers, and our VP is a farmer. And I'm from Deseronto (although Desboro is nice too) Regards, Patrick Connor

Tuesday, February 23, 2016

Ontario Trails News - misinformation spread by some groups and media killing trails economy in rural Ontario

MPP Randy Hillier, founder of Ontario Landowner's Association responds to OLA claims in the Lanark Era
By Gena Gibson
Era staff
Randy  Hillier  doesn’t  mince  words  as  he  dismantles  the Ontario  Landowners’  Association’s  argument  about  the proposed  trails  bill  making  its way through the Ontario government’s approval process.

The  Lanark-Frontenac-Lennox and Addington Member of Provincial  Parliament  says  the landowners’  group  has  misled the  public  on  the  benefits  and drawbacks of Bill 100, which, in part, would regulate easements on private property.

“It’s  their  inability  to  understand  the  English  language  or their inability to understand legal terminology,” Hillier said in an interview last week. “I’ve often seen it with the present-day (landowners’ association).”

He  stressed  that  Bill  100, which  has  made  it  through first  reading  and  has  yet  to  be debated,  is  a  positive  bill  for property owners and land users, such as  snowmobile  clubs.  “It creates a new legal mechanism that  provides  greater  certainty to  trail  associations  and  to  private landowners over the use of land,” Hillier explained.

In the past, he noted, property owners and groups have agreed on property  use  by  handshake or  informal  agreement.  Far from  eroding  property  owners’
rights,  Hillier  added,  the  bill would  give  them  more  control by  allowing  them  to  set  limits on easements.

A letter in the Feb. 2 Lanark Era  by  Elizabeth  Marshall, the  director  of  research  for  the Ontario  Landowners’ Association, said the proposed legislation  would  not allow  property owners  to  retain  the  right  to shut down trails if they want or need to.

“This easement  cannot  be removed by the private property owner; it can only be removed by an ‘eligible body,’” she wrote. Hillier  said  the  statements from  Marshall  are  wrong  and misleading.“They’re suggesting that easements can be imposed on private landowners, and nothing could be  further  from  the  truth,”  he said. “It’s not based on fact.”

He said nothing in the legislation imposes easements on anyone, while it does allow property owners to set limits on use of the trail over their property“(In  the  current  legislation), easements  were  exhaustive...with  no  ability  to  restrict  the time of year,” he explained. He used the example of a farm field, which a farmer agrees to allow a snowmobile club to use in the winter, but not during the cropping months.

“So this  is  a  big  win  for  everyone,” he said. “It now allows us  to  put  greater  covenants  or greater restrictions to the easements.” He  said  snowmobile  clubs,  such  as  the  local  Snow  Road Snowmobile  Club,  will  also have  greater  certainty  of  trail use under the proposed regulations.

“A handshake  agreement doesn’t  give  much  certainty  of use,” he said.Hillier  pointed  out  that  if  an easement agreement is reached for  a  five-year  term,  that  will be registered on the land’s title, even if it is sold. The new property owner would see the agreement clearly spelled out, as opposed to an informal handshake
agreement that  may  not  have been mentioned and comes as a surprise when winter approaches and snowmobilers arrive.

“So all in all, I think it is a reasonable and practical and beneficial way to increase recreational use  and  protection,”  Hillier said, noting with a laugh that he doesn’t always – or often – agree with legislation put forward by the Liberal government. “Whenever  there’s  misinformation or dishonest information put  forward,  it  does,  rightfully so, cause anxiety,” he stressed, pointing to the need for further investigation  and  independent verification.

He  admitted  that  he  hadn’t read  the  bill’s  content  at  first reading, waiting until closer to the debate.“When I saw these outlandish claims, I said, I’ll take a look and read this legislation,” he noted.He said the landowners’ association has made false claims in the past, using the Crown patents as an example. The association encouraged property owners to apply  for  their  Crown  patents in an effort to protect their land, but Hillier said that has led some people  to  believe  they  didn’t have to follow the law.

“When you  break  the  law, you break the law,” he stressed. “There’s  many  laws  that  I  disagree with, that I think are foolish,  unnecessary  and  intrusive,
but they remain the law.”




Ontario Trails Council asks media  - please stop the incorrect coverage 
Media continues to allow for fear of act - just this week the following commentary appeared: 
https://goo.gl/1YITa8
“Something that bothers me as a rural property owner is forced easement. If I have an agreement with my neighbour or snowmobile club that is exactly what it is, an agreement,” said Karen Mahon, a West Perth landowner. “An easement on the other hand is registered and runs with the land. You cannot get out of it. That is mentioned in Bill 100 and is easement law.”

Not forced. To continue to publish this is just wrong.

"But according to Elizabeth Marshall, the director of research for the Ontario Landowners Association, Bill 100 would lead private property owners into thinking they can allow trails across their property while retaining the right to shut those trails down. Shutting trails down that have been registered as easements under Bill 100 would not be as easy as it is through direct agreements, Marshall claimed."
There is no leading, this is a position the landowner can pursue of their own volition.

We request that media outlets stop publishing comments that are opinion and that are scaring landowners. The OTC has done interviews with these publishers clarifying our position, the Act and our go forward strategy, as well as getting our Press Release to them.

Know your easement and we are working with landowners to make sure the types of agreements are better understood and enacted by them.

Monday, February 22, 2016

Ontario Trails News - Ontario Trails supports MPP Hillier, asks media to start reporting facts about Bill 100

MPP Randy Hillier, founder of Ontario Landowner's Association responds to OLA claims in the Lanark Era
By Gena Gibson
Era staff
Randy  Hillier  doesn’t  mince  words  as  he  dismantles  the Ontario  Landowners’  Association’s  argument  about  the proposed  trails  bill  making  its way through the Ontario government’s approval process.

The  Lanark-Frontenac-Lennox and Addington Member of Provincial  Parliament  says  the landowners’  group  has  misled the  public  on  the  benefits  and drawbacks of Bill 100, which, in part, would regulate easements on private property.

“It’s  their  inability  to  understand  the  English  language  or their inability to understand legal terminology,” Hillier said in an interview last week. “I’ve often seen it with the present-day (landowners’ association).”

He  stressed  that  Bill  100, which  has  made  it  through first  reading  and  has  yet  to  be debated,  is  a  positive  bill  for property owners and land users, such as  snowmobile  clubs.  “It creates a new legal mechanism that  provides  greater  certainty to  trail  associations  and  to  private landowners over the use of land,” Hillier explained.

In the past, he noted, property owners and groups have agreed on property  use  by  handshake or  informal  agreement.  Far from  eroding  property  owners’
rights,  Hillier  added,  the  bill would  give  them  more  control by  allowing  them  to  set  limits on easements.

A letter in the Feb. 2 Lanark Era  by  Elizabeth  Marshall, the  director  of  research  for  the Ontario  Landowners’ Association, said the proposed legislation  would  not allow  property owners  to  retain  the  right  to shut down trails if they want or need to.

“This easement  cannot  be removed by the private property owner; it can only be removed by an ‘eligible body,’” she wrote. Hillier  said  the  statements from  Marshall  are  wrong  and misleading.“They’re suggesting that easements can be imposed on private landowners, and nothing could be  further  from  the  truth,”  he said. “It’s not based on fact.”

He said nothing in the legislation imposes easements on anyone, while it does allow property owners to set limits on use of the trail over their property“(In  the  current  legislation), easements  were  exhaustive...with  no  ability  to  restrict  the time of year,” he explained. He used the example of a farm field, which a farmer agrees to allow a snowmobile club to use in the winter, but not during the cropping months.

“So this  is  a  big  win  for  everyone,” he said. “It now allows us  to  put  greater  covenants  or greater restrictions to the easements.” He  said  snowmobile  clubs,  such  as  the  local  Snow  Road Snowmobile  Club,  will  also have  greater  certainty  of  trail use under the proposed regulations.

“A handshake  agreement doesn’t  give  much  certainty  of use,” he said.Hillier  pointed  out  that  if  an easement agreement is reached for  a  five-year  term,  that  will be registered on the land’s title, even if it is sold. The new property owner would see the agreement clearly spelled out, as opposed to an informal handshake
agreement that  may  not  have been mentioned and comes as a surprise when winter approaches and snowmobilers arrive.

“So all in all, I think it is a reasonable and practical and beneficial way to increase recreational use  and  protection,”  Hillier said, noting with a laugh that he doesn’t always – or often – agree with legislation put forward by the Liberal government. “Whenever  there’s  misinformation or dishonest information put  forward,  it  does,  rightfully so, cause anxiety,” he stressed, pointing to the need for further investigation  and  independent verification.

He  admitted  that  he  hadn’t read  the  bill’s  content  at  first reading, waiting until closer to the debate.“When I saw these outlandish claims, I said, I’ll take a look and read this legislation,” he noted.He said the landowners’ association has made false claims in the past, using the Crown patents as an example. The association encouraged property owners to apply  for  their  Crown  patents in an effort to protect their land, but Hillier said that has led some people  to  believe  they  didn’t have to follow the law.

“When you  break  the  law, you break the law,” he stressed. “There’s  many  laws  that  I  disagree with, that I think are foolish,  unnecessary  and  intrusive,
but they remain the law.”




Ontario Trails Council asks media  - please stop the incorrect coverage 
Media continues to allow for fear of act - just this week the following commentary appeared: 
https://goo.gl/1YITa8
“Something that bothers me as a rural property owner is forced easement. If I have an agreement with my neighbour or snowmobile club that is exactly what it is, an agreement,” said Karen Mahon, a West Perth landowner. “An easement on the other hand is registered and runs with the land. You cannot get out of it. That is mentioned in Bill 100 and is easement law.”

Not forced. To continue to publish this is just wrong.

"But according to Elizabeth Marshall, the director of research for the Ontario Landowners Association, Bill 100 would lead private property owners into thinking they can allow trails across their property while retaining the right to shut those trails down. Shutting trails down that have been registered as easements under Bill 100 would not be as easy as it is through direct agreements, Marshall claimed."
There is no leading, this is a position the landowner can pursue of their own volition.

We request that media outlets stop publishing comments that are opinion and that are scaring landowners. The OTC has done interviews with these publishers clarifying our position, the Act and our go forward strategy, as well as getting our Press Release to them.

Know your easement and we are working with landowners to make sure the types of agreements are better understood and enacted by them.

Friday, February 19, 2016

Ontario Trails News - Ontario Trails goes to House to support Bill 100 - Support the Ontario Trails Act

Ontario Trails Council goes to House in Support of Bill 100


On the main foyer stairs at Queen's Park Thursday May 18, 2016 encouraging the government to Pass Bill 100, the "Supporting Ontario's Trails Act." Thanks to the Minister and to the staff of the Ministry of Tourism, Culture and Sport for the opportunity.
Minister Coteau and MPP Kiwala spoke in the house for an hour detailing the Bill, thereby tabling it as Second Reading.  The loyal opposition opposes the Bill. Basically citing that the Bill is closing trail. What is closing trail is the misinterpretation of the easement section.

The OTC has had many phone calls with affected groups, the Ontario Landowners Association Executive, the Bruce Trail, Conservation groups, Ontario Federation of All Terrain Vehicle Clubs (7 trails closed - 6 recovered!) the Ontario Federation of Snowmobile Clubs, Muskoka Trails Council, Bracebridge, Guelph, OMAFRA, Ontario Rural Institute and Nova Scotia - because they have a trails Act.

Through it all we have tried to understand the reason the trails were pulled. There is a belief that easements, because they were the only form of land securement mentioned, would be the only method thereby overriding or superseding other types of agreements that landowners like to use. Handshake, severances, other conveyances, seemingly would be lost.

We have assurances that they would not. But with the work of the OTC, the Executive, Brian Knechtel from Ontario Federation of Trail Riders, Robert Orland of Orland Conservation, Antoin Diamond of Bruce Trail, Tom Black of Ontario Landowners Association and others we are crafting a new way forward.

We want a more secure trail system with landowners into the future, with a Bill 100 that supports these relationships we value and appreciate. We are crafting an MPP information kit on the Bill, and a landowners information package to help our members reach out and work with landowners.

The OTC has been in direct contact with the Minister's office 3 times on the matter, ADM Harlow, on occasion, and is discussing the legislation further with MTCS staffs today.

The OTC Board, with selected guests will be holding an information meeting with the Board on this Issue March 2 at 1000. As we prepare briefs for committee we will be working with groups to support their submission, and several groups agreed to this in the House gallery, we appreciate the support of Conservation Ontario, Trans Canada Trail and our Board in this regard.

Queens Park Second Reading Bill 100
 

Front Row - Minister Coteau, Ministry of Tourism Culture and Sport; Jack De Wit OTC President; Sophie Kiwala MPP Kingston and the Islands, and Patrick Connor Ontario Trails.
Middle - Larry Ketcheson PRO; Paul Ronan Ontario Parks Association (OTC Board Member), Richard Wyman, Conservation Ontario and Essex Region Conservation Authority (Both Ontario Trails Council Members)
Back row - Bill Allen PRO, Jessica Maga, Trans Canada Trail; Mike Clewer Ontario Federation of Snowmobile Clubs (OTC Board Member); Peter Curtis, Pathway Group