Ontario Trails News - thanks Blackburn News for putting our position forward to redress earlier media that required clarification.

http://blackburnnews.com/midwestern-ontario/2016/02/17/ontario-trails-council-clarifies-bill-100-intent/

Okay - to restate - this was published after the same media network published articles that misrepresented the Act and people closed their trails.

The Act is about trails, but it is an effort to consolidate other legislation, so that needs to be re-stated. So I didn't say that specifically.

Some comments were made "that Mr Sabourin only reported the trails association information. " Wrong, it was published through a lot of effort to restate facts, and our commentary actually was bringing some balance to redress earlier biases and incorrect information they had published

Our FAQ is actually accurate to the process of easements and breaches.

Ontario Trails Council Clarifies Bill 100 Intent

By Steve Sabourin on February 17, 2016 9:30am

BlackburnNews.com photo

A group that works with recreational trails in the province says a new provincial bill is about consolidating information.

Patrick Connor is the Executive Director of the Ontario Trails Council.   It’s a not-for-profit organization working to promote the management, use, development and preservation of recreational trails.

Conner says Bill 100 started from the grassroots in an effort to put information in one place.

“Even though it’s a Trails Act, it’s not really about trails; it’s about consolidating existing legislation in one place so that if I’m a trail group or a land owner or other trail stakeholder, I can find out what legislation impacts me.   Our concern was that it was all over the place and people did not know and did not clearly understand what legislation affected them.”

Conner says Bill 100 does not change any existing legislation despite concerns recently raised about it.

The Ontario Trails Council has released a short FAQ about Bill 100 which can be found on their website.

News Director - Midwestern Ontario Email Steve Sabourin

Ontario Trails News - OTC Board meets to continue to press for accurate reporting on Bil 100 impacts

Ontario Trails Council Board meets to discuss next steps for trails and Bill 100

Photo from Tom Friesen
 

The Ontario Trails Council Board met to discuss Bill 100, damaging media opinion pieces and our next steps.

• The OTC remains committed to the passing of Bill 100
• Our members are going to engage their members to work with landowners locally to correct the anxiety caused by misreporting of impacts
• We gained greater insight into the working relationships some media have with the advocates against Bill 100
• A Public Bill 100 education plan is being developed.
• We have invited the Ontario Landowners Association and the Ontario Federation of Agriculture to speak at Trailhead Ontario in Calibogie June 19-21, 2016

Please see the itinerary of our efforts below.Media on the Issue
Feb 5 2016 ‐ Local Landowners ‐ http://goo.gl/OLnlDX
Feb 6 2016 ‐ OLA http://goo.gl/b4uTGx ‐
Feb 8 2016 OTC Press Release ‐ http://goo.gl/f4PGmJ
Feb 9 2016 OTC sector talks ‐ various, HO, BT, OFATV, KATVA, OFSC, IMBA, CO, HBTC
Feb 10 ‐ Minister Coteau Statement ‐ http://goo.gl/Wqca46
Feb 15 OLA http://goo.gl/NIyAcK ‐
Feb 15 2016 OTC Covered in Better Farming ‐ http://goo.gl/ocYscb
Feb 15 2016 OLA refuted in Lanark Era ‐ https://goo.gl/m8By1N
Feb 18, 2016 OTC at Queen’s Park in support of Bill 100 ‐ https://goo.gl/8hzFu1
Feb 19 2016 OTC ADM Harlow Teleconference
Feb 19 2016 Ontario Federation of Agriculture Statement ‐ http://goo.gl/6LyFSC
Feb 22, 2016 OTC OLA Meeting ‐ teleconference 2 hours
Feb 22, 2016 OLA http://goo.gl/VlzBzK ‐
Feb 23, 2016 OTC Ministers Staff Teleconference
Feb 24, 2016 OTC Bruce Trails teleconference
Feb 24 2016 OLA Media ‐ http://goo.gl/y3NWuy
Feb 25, 2016 OTC MTCS Trails Act staffs Teleconference ‐ Bill 100 Legal
Feb 25, 2016 OTC Press Release ‐ http://goo.gl/L8iBif
Feb 26 2016 Hike Ontario points covered by Ontario Farmer ‐ link pending
Mar 1, 2016 OLA http://goo.gl/0XerlK ‐
Mar 1, 2016 OTC responds to OLA ‐ http://goo.gl/0XerlK ‐
Mar 3 2016 Board meeting

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

Press Release For immediate release: Feb 25, 2016
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
 
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Ontario Trails News - despite negative media - we are forging ahead with our conferences to enlighten and educate the public!

Trailhead Ontario - Renfrew 2016

Trailhead Ontario Itinerary - June 20, 21, 22, 2016 ( we are adding a third day for Eastern Canada Trails Training the only federally sponsored trail training in Eastern Canada this year - provided by IMBA Canada)

Monday
8:30-9:00AM	Registration	Coffee Served
9:00-9:15AM	Welcome remarks	Dignitaries
9:15-10:00AM	Presentation	Ontario Landowners Association (Invited)
10:00-10:30AM	Presentation	Ontario's Highlands Tourism Organization
10:30-10:45AM	Break	Coffee Break
10:45-11:15AM	Presentation	Petawawa - the development of our Regional Trail Association
11:15-11:45AM	Presentation	Adirondack to Algonquin Trail Development
11:45-12:15PM	Presentation	Parks of the St. Lawrence
12:15-1:00 PM	Lunch
1:00-2:00PM	Presentation	Updates on the Trails Act and the Ontario Trails Strategy with the Ministry of Tourism Culture and Sport
2:00-2:30PM	Presentation	City of Ottawa Trails
2:30-2:45PM	Break	Coffee Break
2:45-3:15PM	Presentation	Trans Canada Trail Ontario
3:15-3:45PM	Presentation	National Capital Commission
3:45-4:15PM	Presentation	Ontario Federation of Agriculture (Invited)
4:15-4:45PM	Presentation	Understanding and Preventing Lyme Disease
4:45-5:15PM	Presentation	Sentiers Prescott Russell and Glengarry Trails
5:15-6PM	Networking	Cash Bar
6PM - 9PM	Dinner & Keynote Speaker	Federal Climate Change Initiatives and Trails
Tuesday
8:30 – 9:00AM	Registration	Coffee Served
9:00-9:15 AM	Welcome remarks	Dignitaries - Madawaska Valley
9:15-9:45AM	Presentation	Madawaska Valley and Township Trail Developments
10:00-10:30AM	Plenary Session	Principles of Trail Risk Management
10:30-10:45AM	Coffee Break
10:45-11:30AM	Plenary Session	Trails Risk Management - How to Say Yes to Trails
Noon-1PM	Lunch	Networking Lunch
1:00-2:00PM	Plenary Session	Water Trails - Developing trails for Use
2:00-2:45PM	Plenary Session	Ottawa River-Keeper - programs and plans for development
2:45-3:00PM	Break
3:00-3:30PM	Plenary Session	Hunting and Fishing Trail Use of MNRF Lands
3:30-4:00PM	Plenary Session	Mattawa Trail Development
4:00-4:30PM	Plenary Session	First Nation Tourism and Trails
4:30PM	Wrap-up and Next Steps	Trailhead Canada 2017!

https://trailheadontario2016.com

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Trailhead North - Marathon

 

Trailhead North Symposium Itinerary - April 20, 21, 2016

Event Outdoor Hike with Pic River First Nation - REGISTER

Wednesday			Presenters
8:30 - 9:00AM	Registration
9:00-9:30AM	Welcome remarks	Coffee Served	Mayor Dumas and Chief Michano
9:30-10:30AM	Marathon, Pic River and our Northern Trails	Sponsor	Bob Hancherow, and Chief Duncan Michano Pic River FN
10:30-10:45AM	Break
10:45-12:30AM	Presentation	Parks Experiences - Pukaskwa National Park and Neys Provincial	Roel Teunissen, Park Planning, Ontario Parks. Sharon Hayes, Pukaskwa National Park.
	Presentation	Group of Seven Trail	Kirsten Spence, Quercwood Consulting
	Presentation	Northern Ontario Experiences	Carole Caputo and Paul Pepe, Director of Tourism Thunder Bay
12:30-1:00 PM	Lunch
1:00 - 1:30PM	Presentation	Ministry of Tourism Culture and Sport	Jim Antler and Carol Oitment
1:30 - 2:00PM	Presentation	Trans Canada Trail	Mike Goodyear, Trail Director Trans Canada Trail
2:00-2:30PM	Presentation	Path of the Paddle and Trail Auditing	Carrie Nolan, Executive Director POPA
2:30-2:45PM	Break	Trans Canada Trail Ontario - Sponsor
2:45-3:15PM	Presentation	Importance of Trails for Northern Ontario Tourism	David McLaughlan and Susan Forrest, NOT
3:15-3:45PM	Presentation	World Class Cross Country - Destination Marathon	Marathon X-Country Ski, Dr. David Juliano
3:45-4:15PM	Presentation	Northern Snowmobile Trails	Dennis Burns with Craig Colbourne
4:15-4:45 PM	Presentation	OAC - Ontario Access Coalition - Places to Climb	Jana Wells
	Break
5:30-6PM	Networking	Cash Bar
6:00PM - 9:00PM	Dinner & Keynote Speaker	Trails, Travels and Experiences, A personal perspective	Michael Haynes, Trails Ambassador and Author
	Silent Auction
Thursday
8:30 - 9AM	Registration	Coffee Served
9:00-9:15 AM	Welcome remarks		Kirsten Spence, Patrick Connor
9:15-10AM	Presentation	Funding for Trails with NOHFC, FedNor and Ontario Trillium Foundation	Maureen Brophy OTF,  Sean Irwin NOHFC, and Jamie Taylor FedNor
10:00-10:15AM	Break	Coffee Break
10:15-11:15 AM	Presentation	Aboriginal Tourism Ontario Summit Report	Kevin Eshkawkogan, Aboriginal Tourism Summit
11:15-Noon	Presentation	Hunting and Fishing Trail Use of MNRF Lands	Greg Farrant, Ontario Federation of Anglers and Hunters with Greg Rivard
Noon-1PM	Lunch	Networking Lunch
1:00-2:00PM	Presentation	Outfitters and Tripping - How to Get North	Steve Bruno, Ontario Tourism Marketing Partnership
2:00-3:00PM	Presentation	Voyageur Trail - Developments along the Trail	Carole Blacquiere, President VTA
3:00-3:45PM	Presentation	Outdoor Recreation - the Tourism Experience	Dr. Harvey Lemelin, Lakehead University
3:45-$:00PM	Wrap-up and Next Steps		Kirsten Spence, Patrick Connor

As at 11/2/2016 Program content subject to change based on availability.

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Trailhead Georgian Bay

May 11th, Killarney Park Lodge.

Wednesday			Presenters
8:30 - 9:00AM	Registration
9:00-9:30AM	Welcome remarks	Coffee Served	Kirsten Spence, Patrick Connor
9:30-10:30AM	About The Georgian Bay Coast Trail	Sponsor	GBCT Board
10:30-10:45AM	Break
10:45-12:15AM	Presentation	Killarney Provincial Park - A Lead Partner in Development	Killarney Provincial Park
	Presentation	Friends of Killarney	Friends of Killarney
	Presentation	Trail Experiences - Explorer's Edge	James Murphy, RTO12
	Presentation	Auditing and Planning our Route	Niall Lobely
12:15-1:00 PM	Lunch
1:00 - 2:00PM	Presentation	Ministry of Tourism Culture and Sport	Carol Oitment
	Presentation	Indigenous Peoples Economic Development	Local First Nations
2:00-2:30PM	Presentation	Trail Inventories Georgian Bay Partners	Kirsten Spence
2:30-2:45PM	Break	Trans Canada Trail Ontario - Sponsor	Al McPherson
2:45-3:15PM	Presentation	Importance of Variety of Trails	GBBR and GBCR
3:15-3:45PM	Presentation	Great Lakes Guardian Plant and Trail Inventory	Henvy Inlet and Ontario Trails
3:45-4:15PM	Presentation	Ministry of Natural Resources and Forestry	Local MNRF
4:15-4:45 PM	Presentation	Relations with Local Landowners	Georgian Bay Landowners Association
4:45 - 5:15	Wrap-up	Thanks	GBCT

As at 11/2/2016 Program content subject to change based on availability.

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Trails Talk

Join us every other Tuesday at 1pm EST for a lively half hour discussion on trail issues of importance to the trails community. We are pleased to have added an additional topic to the Agenda - see January 12th.

We will be using our Google Hangout to facilitate our Trail Talks. So make sure you have a gmail account and the hangout app added to your gplus account.

How to Join a Hangout

Invited presenters include:

February 16th, 2016 - Explorer's Edge - all about the great trails in RTO 12 with James Murphy of Explorer's Edge. Register on Eventbrite

March 1, 2016 - The Georgian Bay Coast Trail - who supports it, what is happening and all about our spring community meeting in Killarney. With Luke Wassegijig and Kirsten Spence. Register on Eventbrite

March 15, 2016 - Trans Canada Trail - with Jane Murphy and Al McPherson. You've heard about it, how is it progressing? How can you support it? Register on Eventbrite

March 29, 2016 - Hiking, what is it? Who does it? What you need to know about community programs, and trail leadership programs - with Bill Mungall Register on Eventbrite

April 12th, 2016 - Trail Building - are you interested? What is trail building all about? Who does it and the skills you need, with stories from trail builder Zane Davies. Register on Eventbrite

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 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 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 100? We 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

 

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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!

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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.