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.
Join Us for Trailhead Ontario June 19-21!
Early bird registration ends - June 3rd, 2016
A full and varied program for Trailhead Ontario 2016. Be sure to join us in Renfrew, but book now!!
Rooms are limited and so is the size of the conference.
Trailhead Ontario 2016 Symposium Itinerary
We are going to be talking about the new Adirondack to Algonquin trail
Plan with representatives from the Adirondack to Algonquin Organization -
Please welcome Emily Conger from the
A2A Trail Collaborative.
Work with the
Ontario's Highlands Tourism Organization as they expend trails in the region and take advantage of trails tourism potential in Eastern Ontario!
Over the last two years
Petawawa Economic Development
has spearheaded the development of a community trails committee along
the lines of the OTC RTC model. Join Kelly Williams from Petawawa as he
discusses the development and successes of this initiative in support of
trails!
Ottawa Valley Outdoor Experiences!
rarely is there so much to do in an area. Ottawa Valley has it all.
Trails, amenities and more - join us as we learn about their quality and
quantity of trails related destinations and experiences
Over the past 6 years the
Parks of the St. Lawrence
have revitalized their trail system, offering more and newer kilometers
of trails in support of the park's other experiences. Welcome Lou
Seiler from Parks of the St. Lawrence as he talks about the development
and enactment process!
Since 2012 the
Ontario Ministry of Tourism Culture and Sport
has worked to consult with communities on the Ontario trails strategy
and the various new legislation in support of trails - i.e. "The
Supporting Ontario trails Act." Come and hear from the government on the
progress we are making together to make better communities through
trails.
City of Ottawa Cycling and trails
- Ottawa has a world class system of trails and cycling routes. Come
and here the planning department talk about the fit of planning with
trail development!
The National Capital Greenbelt in Ottawa
has over 150 kilometres of trails that connect to the Trans Canada
Trail, Rideau Trail and Capital Pathway network. Whether you have half
an hour for a short hike or plan on spending the day, the Greenbelt has
something for you.
Trans Canada Trail works
with local partners – trail owner/operators – to plan and support
development of trail across Ontario. With a connectivity challenge to be
met for 2017 come and hear about how the TCT supports trails,
communities and it's completion!
May is
Lyme Disease Awareness Month and it's only right that you
protect yourself
while out on the trails. Lyme-carrying black-legged ticks can be found
across Canada - but the highest concentration of infection is in Eastern
Canada - which scientists believe is linked to climate change. Follow
these
tips to avoid Lyme disease. Come to the conference and hear about the strategies the working group is developing to help the public.
Sentiers Prescott Russell and
Glengarry Trails are
two trail supporting organizations in eastern Ontario. One is a County
Committee the other operates as a "Friends of" model. Learn about both
styles of operation and the trails they support!
Township of Madawaska Valley Trail is
developing at a fast pace. A regional leader, the Township supports the
trail enhancements for both the community and the tourist. Join us to
hear about their trail gains.
Principles of Trail Risk Management, and
Trails Risk Management
- How to Say Yes to Trails, with Jeff Jackson, will provide the latent
trail developer, or the trail leader with undeveloped projects or
political will to get the trails done, with insight for planners and
politicos alike to say yes to trails. We aren't as risky as you think!
Ottawa River-Keeper
- programs and plans for development, they were thrilled when we
contacted them, because they are a small group protecting a big river
and they know you probably also have a river that needs support in order
to maintain itself for paddlers!
Just look at the list of projects on this page
Mattawa Trail Development, these folks are bringing the house down with all types of trails and new projects. Learn how they are getting it done.
First Nation Tourism and Trails,
join First Nations leaders as we discuss the joint relationship on the
land we share. An emerging force in tourism and trails we should figure
out ways to work with all communities so we co-develop trails!
Register today!
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