Landowners & Snowmobile Club Volunteers Insert club, association or district name here. Landowners & Snowmobile Club Volunteers Partnering together for the betterment of our community.

A partnership, decades in the making… Ontario’s private landowners and community snowmobile club volunteers have partnered together for almost 50 years to provide local recreational snowmobile trails. These winter-only trails, operated by community-based, not for profit snowmobile clubs, provide numerous social, recreational and health benefits to thousands of Ontarians in their hometowns, where many landowners also live and work. The foundation of organized, recreational snowmobiling in Ontario is based on generous local people freely sharing their time or access to their land for the betterment of their community.

What’s all this talk about Bill 100? Recently there has been discussion in the media regarding Ontario’s new Bill 100 and specifically the option of using easements to secure trails. While there are many conflicting opinions regarding easements, we want to provide you with our assurance as our community partner that our club has no intention of changing our relationship with you.

Does Bill 100 benefit landowners? Trespass Fines: Currently, a person who is convicted of trespassing under section 2 of the Trespass to Property Act is liable to a fine of not more than $2,000. Bill 100 proposes that a person trespassing is liable to a fine of not more than $10,000.

Does Bill 100 benefit landowners? Court Ordered Award for Damage: Subsection 12 (1) of the Act permits a court to award damages against a person convicted of trespassing however the award cannot be for an amount in excess of $1,000. Bill 100 proposed that the $1,000 cap be removed allowing the court to award the victim compensation to cover the total amount of the loss.

Does Bill 100 benefit landowners? Duty of Care to Trail Users: Bill 100 proposes an amendment to the Motorized Snow Vehicles Act (MSVA) to clarify that all risks are willingly assumed by the trail user, even when the not-for-profit trail organization is the recipient of a benefit or payment from the government i.e. snowmobile trail permit. All risks willingly assumed means that to launch legal action, the trail user must demonstrate beyond reasonable doubt that there was negligence on behalf of the landowner or club.

What’s all this talk about easements? For decades now, snowmobile trails have existed through partnerships between individual landowners and their local snowmobile club utilizing written agreements. These land use permission agreements adequately define land use parameters, including landowner cancellation authority and notice, and ensure that the OFSC's General Liability Insurance protects the landowner.

What’s all this talk about easements? Bill 100 introduces an optional process for the voluntary registration of an easement by a landowner that requires: First and foremost, the approval of the landowner, A legal survey of the easement property by a qualified Ontario Land Surveyor with the cost assumed by the recipient of the easement, Registration of the easement at an Ontario Land Registry Office with the cost assumed by the recipient of the easement,

What’s all this talk about easements? While the member clubs of the OFSC welcome any legislative change that provides enhanced protection to landowners and club volunteers, we do not have any intention of utilizing easements. We remain committed to the use of the traditional time tested land use agreement process which has, and continues to serve landowners and clubs well.

Website Links Legislative Assembly of Ontario – Bill 100 http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=3338 Ontario Federation of Snowmobile Clubs – Bill 100 http://www.ofsc.on.ca/content/landowner-concerns-respect- access-snowmobile-trails Ontario Federation of Agriculture – Easements are Voluntary http://www.ofa.on.ca/media/news/easements-are-voluntary-in- supporting-ontario-trails-act

Insert club, association or district name here. Thank you landowners! …for your generous contribution working with our club volunteers for the betterment of our community. Insert club, association or district name here.