Showing posts with label Minister Coteau. Show all posts
Showing posts with label Minister Coteau. Show all posts

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

Thursday, February 18, 2016

Ontario Trails News - Minister Coteau corrects media and misstatements on Bill 100.

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

At Ontario Trails Council we've done more than write the press release this week. We've been on hte 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!

Bruce Trail Media on the Issue.
Subject Line: Misinformation and Bill 100


Upon reviewing the recent article in the Owen Sound Sun-Times regarding the proposed Supporting Ontario's Trails Act, 2015 (Bill 100) we want to correct the misinformation it presents regarding easements and Bill 100’s impact on the rights of landowners.

The Bruce Trail Conservancy has the proud distinction of working with 960 landowners who generously allow the Bruce Trail to cross their private land. Many of these "handshake" agreements have been in place for close to 50 years, and the landowners have always had – and continue to have – the right to allow or withdraw access at any time. These handshake agreements are not the same as an easement.

Easements are a more permanent, legal arrangement whereby landowners are compensated for a permanent right to cross their land. Easements can only be established if the landowner agrees. The Bruce Trail Conservancy only enters into agreements, whether for access via a handshake agreement or via an easement, with willing landowners.

It is important to stress that none of the handshake agreements with our 960 landowners are in any way impacted by the proposed legislation in Bill 100.  Bill 100 does not make those handshake agreements permanent (i.e. it does not turn the permission into an easement), nor does it take away any rights of the landowners to decide what happens on their own land.  The landowner can still ask for the Trail to be removed and we honour our commitment to do so at their request.  If the landowner wants to enter into an easement agreement, a legal arrangement is established and the landowner is compensated for that (by cash or a tax receipt).

This recent note from Michael Coteau, Minister of Tourism, Culture and Sport, confirms that entering into easement agreements is at the discretion of the landowner:

The province introduced Bill 100, the Supporting Ontario's Trails Act, 2015, to improve access to Ontario's trails, building both a healthier, and more prosperous Ontario. Our ministry held consultations with over 250 organizations, including municipalities, Aboriginal groups, trail organizations and not-for-profit organizations. The feedback the ministry heard during these consultations was integral to shaping the proposed legislation.

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.

-    Michael Coteau, Minister of Tourism, Culture and Sport

We thank and applaud the Landowners along the Niagara Escarpment that so generously allow the Bruce Trail to cross their land. Of their own volition, they - like so many landowners throughout the province - provide an invaluable service to those seeking to enjoy the outdoors.

Sincerely, Beth Gilhespy Executive Director The Bruce Trail Conservancy

Ministry of Tourism, Culture and Sport points fault

Faults Ontario Landowners Association for misinformation

MANITOULIN—Since last week’s front page story ‘landowners’ group feels snowmobile trail rights-of-way could compromise land use,’ the Manitoulin Snowdusters Snowmobile Club is pleased to report that their phones have not been ringing off the hook with cancellations of agreement, adding that the intent of Bill 100 has been largely misconstrued by the Ontario Landowners Association (OLA).
Last week, Green Bay farmer Bruce Wood told The Expositor that he received notification from the OLA on Bill 100, Supporting Ontario’s Trails Act, 2015, where the OLA had stated that clubs, such as snowmobile clubs or hiking groups, could gain legal access to a person’s property it had previously had agreements to use if the bill should pass. This worried him so much he gave the Snowdusters warning that his Honora Bay property would be closed to the club beginning this week. The club relies on Mr. Wood’s property for a good extent of its trail system in the area.
Immediately following the article, The Expositor received a message from Minister of Tourism, Culture and Sport Michael Coteau, who put forward the bill, which reads: “The province introduced Bill 100, the Supporting Ontario’s Trails Act, 2015, to improve access to Ontario’s trails, building both a healthier, and more prosperous Ontario.
“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.
“It’s unfortunate that the PC Party hasn’t taken the time to read the proposed legislation and is out of touch with over 250 stakeholders from the trails community including municipalities, aboriginal groups, trail organizations and not-for-profit organizations who were consulted by our Ministry. Input from these organizations was integral to shaping the proposed legislation,” Minister Coteau states.
Randy Hillier, currently the Progressive Conservative MPP for Lanark-Frontenac-Lennox-Addington, was previously involved in land use issues, founding the Lanark Landowners Association, the precursor to the OLA. Mr. Hillier also weighed in on last week’s story, commenting on this newspaper’s website, stating: “For the record Bill 100 does not impose any statutory or regulatory infringement/impairment on private property rights, neither does it grant acquired rights to access or use, over or on private property. However, Bill 100 does amend and expand how mutually agreeable land use agreements can be registered on title via easements. Registering agreements on title can provide greater certainty and protection of tenure and use to both the property owner and the user who are signatory to the agreement. Important to understand this law is applicable only to mutually agreeable contracts entered into by people.”
“The minister has done a good job of accurately summing up what Bill 100 is really about,” said Snowdusters spokesperson Brad Middleton when contacted following a Wednesday evening meeting which had Bill 100 at the top of its agenda.
“We are confident we are not going to have a mass exodus (of landowners),” Mr. Middleton said. “We will be dealing with this on a case-by-case basis if any landowners decides to pull their property from our trail system.”
As the snowmobile season is nearing its end, Mr. Middleton said he believed most landowners with doubts would likely see it through to the end, including Mr. Wood who was persuaded by the club to have his property remain as part of the system until the season’s end.
The Snowdusters plan to use the summer months to educate the landowners on Bill 100 with the help of Algoma-Manitoulin MPP Michael Mantha.
“I hope this just blows over,” Mr. Middleton added.
Mr. Wood told The Expositor that he has agreed to let the Snowdusters continue to use his property for the season, but “I’m thinking they should pay for a lawyer of my choosing to draft up an agreement for me that’s agreeable to them.” The farmer noted that he doesn’t receive a free trail permit for his kindness.
While his attitudes may have changed slightly over Bill 100 since the article and his accompanying letter appeared in this paper, “it still makes sense to put it out there that this could happen.” Mr. Wood said he worries that this Bill is just a government ploy to have conservationists get a permanent claim on land which may have endangered species or species at risk on it.
“If they can’t get it one way they’ll come around and do it another way,” he added.

Thursday, September 17, 2015

Ontario Trails News - OTC AGM, Meeting with Minister Coteau, Equestrian Event

Find and use your favorite today!


Equestrian Trail Event September 18th


Conservation Authorities Act Review



With thanks to Beth Potter, Executive Director of Tourism Industry Association of Ontario who brought this to our attention. We will be working together and with our CA members to craft our best comments.

Ontario Trails Council - AGM, User Meeting and Meeting with Minister Coteau
Ontario Trails AGM

Plans are underway for the Ontario Trails Council AGM, September 24th 2015. The meeting will be held at the same location as 2014, the Faculty Club at McMaster University.



Meeting with Minister Coteau

As the lead organization for trails in Ontario, it's important we meet with the lead Minister for Trails, Minister Michael Coteau. We have a meeting scheduled for September 30th. We encourage you to assist us in making better trails through partnership with government by:
  • Taking out an OTC Membership
  • Renewing your OTC Membership
  • By being a member you can come to the AGM on the 24th and shape our discussion on the 30th.
  • By being a member you benefit and support other groups interested in professional, transparent partnership with government in the interest of all trails!