Ontario Federation of Agriculture comments on Bill 100
OFA Commentary: February 19, 2016
Easements are voluntary in Supporting Ontario Trails Act
By Paul Wettlaufer, Director, Ontario Federation of Agriculture
There’s a lot of talk in the countryside about Bill 100, the proposedSupporting Ontario Trails Act. The act was introduced in the Ontario legislature in May, 2015 and has generated much confusion over whether or not a landowner has a choice to grant an easement. Trail-related easements are entirely voluntary under Bill 100.
Ontario farmers have a long history of providing, upon request, access to their land for public use. The proposed act includes rules for easements for landowners wishing to share their land on a seasonal or year-long basis. That being said, Bill 100 does not force farmers and rural property owners to enter into any trail-related easement agreements.
The Ontario Federation of Agriculture (OFA) carefully reviewed Bill 100 and provided comments in June 2015. In our submission, OFA noted section 12 of the legislation is clear that an owner’s decision to enter into a trail easement is their own choice and is completely voluntary. The legislation clearly states a landowner may grant an easement to allow use of their property and have the right to state the length or term of the agreement. That means Ontario farmers and rural property owners will retain a choice and should not feel obligated to enter into any easement agreement for recreational trail use.
OFA does have concerns with the Supporting Ontario Trails Act, including insufficient fines for trespassing and vague best practices for trail operators. To read OFA’s full submission and comments on Bill 100, visitofa.on.ca
Ontario’s farmers have a unique perspective on trails. Former railways crossed through farms, hiking trails run through or adjacent to farmland and many farmers voluntarily permit seasonal use of their land for snowmobile trails. There’s a lot to consider when farmers permit recreational trails on their property. Land easements under Bill 100 and the proposed Supporting Ontario Trails Act are voluntary and should be carefully considered before being granted. If in doubt, consult legal counsel if you any questions about allowing access to your property for recreational purposes.
Ontarians are fortunate to have such a rich and beautiful countryside. It is worth working together to share our appreciation of our natural landscape.
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For more information, contact:
Paul Wettlaufer
Director
Ontario Federation of Agriculture
519-369-7528
Neil Currie
General Manager
Ontario Federation of Agriculture
519-821-8883
Ontario boasts over 80,000 km in trails. Whether you're in downtown Toronto or North of Superior, we have a trail for you. The Ontario Trails Council is a registered charity, led by volunteers who promote the development, management, use and conservation of Ontario's trails. You'll find everything from gentle walking trails to rock faces for climbing and water routes to canoe and kayak.
Showing posts with label Land trust. Show all posts
Showing posts with label Land trust. Show all posts
Wednesday, February 24, 2016
Ontario Trails News - we welcome clarifying statements from the Ontario Federation of Agriculture on the Ontario Trails Act - we call for a stoppage to trail closures
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
Ontario Trails Council asks media - please stop the incorrect coverage
“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."
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.”
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/1YITa8Not 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.
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
Ontario Trails Council asks media - please stop the incorrect coverage
“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."
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.”
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/1YITa8Not 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.
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.
Wednesday, November 5, 2014
Ontario Trails News - protecting land important for Ontario's 2500+ trails
Check what's to do near every Ontario Trail - use the nearby page for information on accommodation, restaurants etc.
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TANTA CLARK, Special to the Packet & Times
The Ontario Land Trust Alliance strengthens land conservation in Ontario by supporting the land-trust movement. SUBMITTED IMAGE
This past week, YMCA Geneva Park hosted the Ontario Land Trust Alliance (OLTA) gathering, an annual three-day conference that brings together land-trust members and others dedicated to protecting land.
Each year, more than 100 people attend. What an amazing feeling it is to be in a room with other people who are dedicated to a similar mission — to protect nature.
There were a number of workshops at the conference, ranging from a discussion on invasive species to engaging youth in nature. Many of the workshops are led by other land trusts such as the Bruce Trail Conservancy and Ontario Nature. Experts in their field and tax specialists also guide land-trust members through changes to take advantage of. One of the aspects I particularly enjoy at the gathering is the opportunity to share information and learn from each other so we can all do better in our important work.
In Ontario, there are more than 40 land trusts that collectively protect and steward more than 80,000 acres of land. Of the other land trusts, the Couchiching Conservancy is one of the largest and oldest, with the exception of the Bruce Trail Conservancy, which is turning 50 years old). Many of the other land trusts either have no staff and are run by volunteers or have a small staff.
You can learn about other land trusts in Ontario at olta.ca. The Couchiching Conservancy started from the same point and 21 years later, we have four full-time and two-part time staff members. And our biggest accomplishment to date? We now protect an area much larger than the entire City of Orillia.
According to the Ontario Biodiversity Strategy, there are 15 targets to work toward, one of which is to conserve more land: “By 2020, at least 17% of terrestrial and aquatic systems are conserved through well-connected networks of protected areas and other effective area-based conservation measures.”
You can read the all of the goals at the Ontario Biodiversity Council website.
The Couchiching Conservancy is also planning for the future. Our 2014-19 strategy plan outlines a number of goals for the future, one of which is to protect an additional 2,500 acres by 2019. By partnering with other organizations, we are making a difference.
Thank you to the OLTA for its work and supporting land trusts. It’s wonderful so many people are taking action today to ensure the beautiful natural spaces that make Ontario unique are protected for future generations to enjoy.
Tanya Clark is the development co-ordinator at the Couchiching Conservancy, a non-profit land trust that helps to protect thousands of acres of wild land in the area. For more information, visit couchichingconserv.ca.
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