Ontario Passes Bill 100 "The Supporting Ontario Trails Act"
Province Passes Act to Support Ontario's Trails
New Legislation Takes Action to Protect and Enhance Trails System
June 1, 2016 12:28 P.M.
Today, Ontario passed legislation that will sustain and improve the
province's trails system, helping to build a healthier and more
prosperous Ontario.
The
Supporting Ontario's Trails Act, 2016 will strengthen
Ontario's extensive trails system. It will protect and enhance
thousands of kilometres of the province's urban, suburban, rural and
remote land and water trails while also encouraging its expansion by:
- Providing the trails community with enhanced tools to effectively develop, operate and promote trails
- Removing barriers to help connect and expand trails across the province
- Increasing trail awareness and promoting local tourism by enabling
the recognition of Ontario trails of distinction, supporting communities
and jobs across Ontario
- Enabling the development of a classification system to help users find trails that match their interest and ability.
The new legislation also makes amendments to existing legislation to
address liability, trespassing and protection of property issues.
Protecting and improving Ontario trails is part of the government's
economic plan to build Ontario up and deliver on its number-one priority
to grow the economy and create jobs. The four-part plan includes
investing in talent and skills, including helping more people get and
create the jobs of the future by expanding access to high-quality
college and university education. The plan is making the largest
investment in public infrastructure in Ontario's history and investing
in a low-carbon economy driven by innovative, high-growth,
export-oriented businesses. The plan is also helping working Ontarians
achieve a more secure retirement.
QUOTES
" Passing the supporting Ontario’s Trails Act signals Ontario’s
recognition of the importance of trails and their contribution to
strong, healthy and vibrant communities and local economies. This
legislation will ensure Ontario’s world-class trails continue to offer a
place for families, friends and future generations to explore and
experience our province’s natural beauty and rich cultural heritage."
- Michael Coteau
Minister of Tourism, Culture and Sport
QUICK FACTS
- Ontario has the second-largest trails network in Canada, with about
2,500 trails spanning over 80,000 kilometres that support recreation,
tourism and active transportation.
- From 2009 through 2015, the province invested approximately $130 million to support Ontario’s trails.
- Through Ontario’s 2015 Pan Am and Parapan Am Games Legacy, Ontario has supported the completion of 254 kilometres of the Trans Canada Trail Ontario
resulting in a continuous route of over 2,000 kilometres, connecting
communities from Ottawa to Windsor and Fort Erie to Huntsville.
- Ontario Parks protects and manages approximately 2,200 kilometres of trails and boardwalks.
- Thousands of kilometers of trails and roads are on provincial Crown land that are open for the public to use free of charge.
- In 2014, hiking expenditures by Ontarians added $559 million to
Ontario’s GDP and created more than 18,000 jobs across the province with
an annual economic benefit of nearly $1.4 billion.
LEARN MORE
What you should know about Bill 100 -
Purpose of Act:
The proposed Supporting Ontario’s Trails Act, 2015, if passed, would
help to address a number of long-standing trail issues, including the
need for a legislative mechanism to establish trail easements,
clarifying liability and the standard of care required by
not-for-profits and public organizations, and increasing allowable
compensation for damage to property due to trespassing. It would also
provide opportunities for enhanced trails tourism and the enhanced
management, promotion and use of trails.
The proposed Act would enhance the Ministry of Natural Resources and
Forestry’s ability to manage trails on Crown land by providing greater
compliance and enforcement options, and by creating an offence for
damage to Crown land and property.
Background and Elements:
The Ontario Trails Strategy was developed collaboratively by numerous
provincial ministries and agencies, stakeholders and Aboriginal groups,
and released in 2005. It established long-term strategic directions for
planning, managing, promoting and using trails in Ontario. However, a
number of long-standing issues have persisted.
In fall 2013, the Ministry of Tourism, Culture and Sport led
consultations with the public, stakeholders and Aboriginal groups on
ways to strengthen the Ontario Trails Strategy. This included outreach
through the Environmental Bill of Rights Registry, five regional
stakeholder sessions, and two Aboriginal engagement sessions. Through
this process, legislative needs were identified, including a mechanism
for trail easements to help secure long-term access to land for trails,
amendments to the Occupiers’ Liability Act to clarify the “free entry”
provision and amendments to the Trespass to Property Act to increase
fines and remove the limit on compensation for damages.
The proposed Supporting Ontario’s Trails Act, 2015 (Bill 100), includes six schedules.
Schedule 1 would establish a new act entitled the Ontario Trails Act, 2015 that would:
- Proclaim an annual trails week, to coincide with International
Trails Days which is held on the first Saturday in June. This could
allow for the coordinated promotion of trails across Ontario.
- Allow for the recognition of Ontario trails of distinction, the
establishment of a voluntary classification system and voluntary best
practices and the setting of trail-related targets, to enable promotion
and tourism opportunities and consistent information for trails across
the province.
- Require the Minister to maintain a trails strategy that is
periodically reviewed. Progress on its implementation would also be
reported on.
- Set out consultative and publication requirements for the
establishment of targets, a voluntary classification system, voluntary
best practices, a process for recognizing Ontario trails of distinction
and the review of the Ontario Trails Strategy or the current trails
strategy.
- Set out a mechanism for eligible bodies, or their nominees, to
enter into trail easements, with or without covenants, with willing
landowners, to allow the long-term securement of land and help minimize
the costly rerouting of trails.
Schedule 3 would amend the Occupiers’ Liability Act to:
- Clarify that the lower standard of care applies to occupiers of
trail property which are not-for-profit or public sector organizations,
even if there is an incidental fee related to access onto or use of the
land, such as for parking; or if a public benefit or payment is given to
a not-for-profit trail manager.
- Amend the list of lands to which the lower standard of care applies to add portages.
Schedules 2 and 4 would make complementary amendments to the Motorized
Snow Vehicles Act (Schedule 2) and Off-Road Vehicles Act (Schedule 4)
to:
- Align with the amendments that would be made to the Occupiers’ Liability Act.
Schedule 5 would amend the Public Lands Act to:
- Make damage to Crown land and property an offence (definition of
damage to be set out in a subsequent regulation; this offence provision
would have no effect until the regulation is made and approved).
- Enable a court to order a person, who has been convicted of this offence, to rehabilitate the damage.
- Provide the Ministry of Natural Resources and Forestry with new
enforcement tools to stop vehicles, inspect documents, and arrest
persons suspected or caught violating the Act.
- Increase the maximum penalties for offenders and the length of time to initiate charges, specifically:
- There will be different maximum penalties for individuals and
corporations, and for subsequent offences. For individuals, the maximum
penalties would increase from the current $10,000 to $15,000 for first
offences and $25,000 for subsequent offences. For corporations, the
maximum penalties would increase to $25,000 for first offences and
$50,000 for subsequent offences;
- Allow the courts to, in addition to the new penalties noted above,
impose an additional penalty equal to the amount of money gained by
person(s) violating the Act; and
- Increase the limitation period (from the current two years from
offence) to two years from discovery up to a maximum of 5 years from
offence.
Schedule 6 would amend the Trespass to Property Act to:
- Raise the maximum fine from $2,000, set in 1989, to $10,000.
- Remove the limit on the amount recoverable in damages at the time of prosecution.
Schedules 1, 3 and 6 (i.e. the Ontario Trails Act, 2015 and amendments
to the Occupiers’ Liability Act and Trespass to Property Act) would come
into force on a day to be named by Proclamation.
Schedules 2 and 4 (i.e. the complementary amendments to the Motorized
Snow Vehicles Act and Off-Road Vehicles Act) would come into force on
the day amendments to the Occupiers’ Liability Act come into force.
Schedule 5 (i.e. the amendments to the Public Lands Act) would come into
force on the day the Supporting Ontario’s Trails Act, 2015 receives
Royal Assent.
Other Information:
This proposed Supporting Ontario’s Trails Act, 2015, if passed, would
complement other trail related initiatives including the development of
the Pan/Parapan Am Trails, the Waterfront Trail at Ontario Place, as
well as the Ontario Cycling Strategy and first action plan.
In the coming months, the Ontario Government would also be engaging
trail stakeholders on plans to further implement the Ontario Trails
Strategy.
Other Public Consultation Opportunities:
If the proposed Supporting Ontario’s Trails Act, 2015 is passed, there
are several elements that would require further consultation with
stakeholders, other ministries, provincial agencies, the public and
Aboriginal groups. Consultations would occur at a later date only if it
were passed.
The Ministry of Tourism, Culture and Sport would consult on the following elements set out within Schedule 1:
- A process for recognizing Ontario trails of distinction;
- A voluntary classification system;
- Voluntary best practices;
- The periodic review of the Ontario Trails Strategy; and
- Establishing trails-related targets.
The Ministry of Natural Resources and Forestry would consult on a regulation defining damage to Crown land and property.
