Showing posts with label Ontario Trails Council. Show all posts
Showing posts with label Ontario Trails Council. 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-

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

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

Ontario Federation of Agriculture comments on Bill 100Description: OFA_E_PMS.jpg
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.

-30-

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

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

Tuesday, February 16, 2016

Ontario Trails News - misrepresentation of Trails Act impacts hurting rural Ontario

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.

Tuesday, February 2, 2016

Ontario Trails News - trail education, membership and more!

We appreciate the membership support of:

County of Huron
 
GUIDE TO HIKING TRAILS AVAILABLE
Huron County - Hikers from near and far will be pleased to know that a guide to the Maitland River Valley hiking trails has just been published.

Thanks to funding from The Ontario Trillium Foundation, and to many hours of effort from volunteers, The Maitland Trail Association (MTA) is pleased to announce publication of the Guide to the Maitland Trail and Associated Trails in the Goderich Area.

"The guide offers full colour detailed maps and informative text describing conditions found on the trails, as well as pointing out places of geographic, historic and cultural interest. This information will enhance use of these trails for local residents and visitors, as they appreciate the natural beauty of the Maitland River Valley while they enjoy walking and hiking in the area.

The 48 km. Maitland Trail, from Goderich to Auburn, is divided into five sections, with a map available for each section. These detailed maps show contour lines, landmarks and distances.

MTA volunteers checked the trail distances using GPS (Global Positioning System) units. Geographic Information System (GIS) computer mapping was then contracted to the County of Huron Planning and Development Dept. 


Georgian Cycle and Ski Trail Association

georgian cycle and ski trail associationThe Georgian Trail is a 34 km all-season, easy access, recreational trail linking the communities of Collingwood, Craigleith, Thornbury and Meaford, primarily on former railway property.  
 
The trail is for cyclists, walkers, joggers, cross-country skiers, and is wheelchair accessible * motorized vehicles and horses are not permitted.  
 
Users may access nearby park lands and businesses, such as restaurants, shopping, and accommodation, are just minutes away from some areas of the trail. 
 
Users are encouraged to become members of The Georgian Cycle and Ski Trail Association, donations are welcomed and needed to help underwrite costs of maintenance, further trail development, newsletters, etc. Income Tax receipts will be issued under the charitable organization registration #0813576-56.
 


Durham Mountain Biking Association

Durham Mountain Biking Association is a non-profit association whose mission is to create, enhance and preserve trail opportunities for mountain bikers in Durham and York Regions. We formed in the fall of 2005 to advocate for mountain bikers in the Durham Region. With a growing membership, who live across the Greater Toronto Area, we have evolved and expanded our representation of and for the mountain biking community. durham mountain bike association

 

City of Burlington

burlington trails
There are so many trails in the Burlington area that you could spend days exploring them all.  The main hiking trails (a total of over 130 km) are featured below.  There are also multi-use pathways located throughout the city of Burlington that are used by hikers, cyclists, joggers, skateboarders etc.  TAKE a HIKE!

Safety

There are some risks associated with hiking on trails through natural areas. Many trails follow cliff edges and shorelines of creeks and lakes with no barriers from steep slopes or water.  Trail surfaces can also be slippery when wet or icy. High winds can make hiking unsafe so trails may close during times of high winds. Wearing appropriate footwear, exercising caution in hazardous areas and watching children carefully will help make your hiking adventure safe and enjoyable.

This past year the OTC Membership grew beyond 240 members, with over 220 being organizational supporters.

Your support of our work helps us to:
  • travel to communities
  • update the website
  • answer the phone
  • seek other funds for special projects
  • write grants for members
  • mitigate conflict
  • guide users with a where to turn
  • update the youtube, and other social media
  • engage with government
  • promote the design, use and management of trails
  • coordinate meetings
  • manage the education program(s)


Earn Your Trails Certificate from Algonquin College

algonquin college trail courses


 

Trail Planning

Course: OAD3001
This course is listed under the following fields of study:
Within the trail industry, there are trail standards and maintenance practices to follow. Students acquire base-level knowledge of organizing and planning trail systems and learn to recognize and utilize the necessary steps to plan and create a sustainable trail. This is accomplished through the usage of provincial legislation and the incorporation of interpretive and educational trail signage within a trail system.


Please consider supporting our work
Please consider making a donation or taking out a membership today! We rely on the generous support of the Canadian trail community to allow us to do our work.

Our Mission - to promote the preservation, management, use and development of trails.

Everyday, somewhere in Ontario we educate, support a group, lead or assist a community improving its quality of life through trails.

Ask us how we make a difference!

Thanks