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Bill 100 wants what’s best for landowners, OFSC governor attests

Special meeting scheduled for June 16

GORE BAY—Last week, the Manitoulin Snowdusters Snowmobile Club hosted a guest from the Ontario Federation of Snowmobile Clubs’ (OFSC) board of governors in light of recent trail closures on Manitoulin. This was directly due to fears stemming from Bill 100, Supporting Ontario’s Trails Act, 2016, which spent days in debate in the Ontario Legislature last week as the bill moves on to the committee stage.

Murray Baker is the president of District 12, of which Manitoulin is a part, and governor for this region of the OFSC and attended last week’s meeting in Gore Bay. He noted that he had seen articles in The Expositor on the Snowdusters plight and had been in conversation with Doran McVey, president of the Snowdusters, and decided to head for Manitoulin.

“I answered questions about what’s going on provincially,” he said, noting that a public meeting for landowners with snowmobile trails, or anyone who is interested, will be held on Thursday, June 16 at the Mindemoya Community Centre. “I’m willing to stand there and put the flack jacket on.”

Mr. Baker said that in 2017, OFSC will mark its 50th anniversary as an organization, representing 50 years of strong relationships with Ontario landowners.

Mr. Baker said that, contrary to popular belief, the OFSC is not sitting on their hands when it comes to fighting the furor caused largely by the Ontario Landowners’ Association.

“Our relationship with the landowners has been through the clubs themselves,” he explained. “It’s better for clubs to maintain that relationship between neighbours and friends. On our end, we’re providing the information between landowners and directors.”

Mr. Baker also noted that the OFSC has given its position to Minister Michael Coteau’s office, who put the bill forward.

“Our position is that we think it (Bill 100) is good for landowners,” he said. “We don’t think the information being supplied (by the OLA) is truthful—it’s beyond misleading,” Mr. Baker added.

Mr. Baker said he could see how section 12 (3), the section on easements, could be clarified to calm fears, noting that clubs would “never go there” with landowners. He explained that trail permit funds cover trail maintenance and insurance for riders, “but if we had to start paying for easements, there would be no trails.”

Section 12 (3) states: An owner of land may grant an easement, with or without covenants, to one or more eligible bodies: a) for the preservation, enhancement or management of the use of, or access to, all or a portion of the land for purposes relating to trails or to activities relating to trails; b) for the creation, maintenance or management of trails for public use; or c) for the purposes as may be prescribed by the regulations made under this Act.

“Section 12 (3) states ‘may’ (an owner of land may grant an easement), and it’s the landowners, not the club,” Mr. Baker explained.

It is his belief, and that of the OFSC, that Bill 100 actually better defends landowners than previously. “The bill has other protections, such as an increase to trespassing fines. All caps are removed now to potentially cover the total cost of damages.”

The duty of care under the Motorized Snowmobile Act has also changed, putting all the ‘risk willingly assumed’ on the rider. “Currently, they just sue,” he said. “Again, a benefit to landowners.”

Mr. Baker said the OFSC has asked to be part of the committee tasked with reviewing the bill.

“We’re doing a number of things, just maybe in the background,” he said.

In District 12, which encompasses Sudbury, Espanola and Manitoulin, Manitoulin has been the only territory hit by landowners pulling contracts. “For Manitoulin, this is devastating,” the governor said, noting that in Grey/Bruce/Muskoka, the impact is as bad or worse. While the OFSC had fielded some calls of concern from other areas in the district, no one pulled their property from the trail system.

“We want to try and resolve this now so we have a product in the fall,” Mr. Baker added.

Mr. Baker encouraged all landowners to attend the information meeting at the Mindemoya Community Centre on Thursday, June 16.

Article written by

Alicia McCutcheon
Alicia McCutcheon
Alicia McCutcheon has served as editor-in-chief of The Manitoulin Expositor and The Manitoulin West Recorder since 2011. She grew up in the newspaper business and earned an Honours B.A. in communications from Laurentian University, Sudbury, also achieving a graduate certificate in journalism, with distinction, from Cambrian College. Ms. McCutcheon has received peer recognition for her writing, particularly on the social consequences of the Native residential school program. She manages a staff of four writers from her office at The Manitoulin Expositor in Little Current.