Hike Ontario comments appear in Ontario Farmer - thanks to Tom Friesen from HO for sending this over to OTC!
MISINFORMATION ABOUT TRAIL EASEMENTS
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
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 Property. Show all posts
Showing posts with label Property. Show all posts
Wednesday, March 2, 2016
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.
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