Supporting Ontario's Trails Act, 2016, S.O. 2016, c. 8 - Bill 100

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 100 and does not form part of the law. Bill 100 has been enacted as Chapter 8 of the Statutes of Ontario, 2016.

The Bill enacts the Ontario Trails Act, 2016 and makes amendments to the Motorized Snow Vehicles Act, the Occupiers’ Liability Act, the Off-Road Vehicles Act, the Public Lands Act and the Trespass to Property Act.

schedule 1
ontario trails act, 2016

The Schedule enacts the Ontario Trails Act, 2016. Here are some highlights:

The week beginning on the Monday immediately before the first Saturday in June in each year is proclaimed as Trails Week. The Minister may, however, declare that Trails Week begins on any other day of the year. (Section 4 of the Act)

The Minister may recognize trails as Ontario trails of distinction, establish a trail classification system and establish best practices for the purposes of the Act. Compliance with the trail classification system and best practices is voluntary. (Sections 5, 6 and 7 of the Act)

The Minister is required to maintain an Ontario trails strategy and must review the strategy and publish reports about the progress made in implementing the strategy. The Minister is required to prepare an initial report no later than the second anniversary of the day section 8 comes into force. (Section 8 of the Act)

The Minister may establish targets to further the purposes of the Act. (Section 9 of the Act)

Consultation and publication requirements respecting the above matters are provided. (Sections 10 and 11 of the Act)

The Act includes rules with respect to easements and covenants that may be granted or entered into for various purposes relating to trails. Technical rules are included to facilitate the creation and preservation of easements and covenants. (Section 12 of the Act)

schedule 2
motorized snow vehicles act

Currently, section 22 of the Motorized Snow Vehicles Act provides that every person who drives or rides on a motorized snow vehicle or is being towed by such a vehicle on any premises is deemed, for the purposes of subsection 4 (1) of the Occupiers’ Liability Act, to have willingly assumed all risks where the person is not being provided with living accommodation by the occupier and no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or non-profit recreation club or association. A new subsection 22 (2) provides that, for greater certainty, the following do not constitute a fee for entry or activity of the person:

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

schedule 3
occupiers’ liability act

Currently, subsection 4 (3) of the Occupiers’ Liability Act specifies circumstances in which a person who enters on certain premises is deemed to have willingly assumed all risks and in which a modified duty of care applies. One of those circumstances is where a person enters certain premises for the purpose of a recreational activity and the person is not being provided with living accommodation by the occupier and no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association. A new subsection 4 (3.1) provides that, for greater certainty, the following do not constitute a fee for entry or activity of the person:

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

The Schedule amends subsection 4 (4) of the Act, which specifies premises for the purposes of subsection 4 (3), to include portage routes.

schedule 4
off-road vehicles act

Currently, section 20 of the Off-Road Vehicles Act provides that every person who enters premises on an off-road vehicle or while being towed by an off-road vehicle is deemed, for the purposes of subsection 4 (1) of the Occupiers’ Liability Act, to have willingly assumed all risks where the person is not being provided with living accommodation by the occupier and no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or non-profit recreation club or association. A new subsection 20 (2) provides that, for greater certainty, the following do not constitute a fee for entry or activity of the person:

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

schedule 5
public lands act

The Schedule amends the Public Lands Act to protect public lands from damage and to strengthen enforcement under the Act.

Section 69.2 is added to the Act. Under this section, any person who causes a prescribed type of damage to Crown land or Crown property on Crown lands is guilty of an offence. If a person is found guilty of this offence, a court may, in addition to imposing a fine under the Act, order the person to rehabilitate the lands and repair any damage to Crown land or property.

Officers appointed under section 5 of the Act are given additional powers to enforce the Act. New section 70 would allow officers under the Act to stop conveyances on public land for purposes of ensuring compliance with the Act. New section 70.1 would allow officers to arrest a person without a warrant if the officer believes the person is committing or has committed an offence under this Act.

The majority of penalties imposed for offences under the Act are increased and strengthened. Maximum fines for individuals are increased for first time offenders and higher fines may be imposed for repeat offenders. Also, new subsection 70.3 (3) would allow a court to impose higher fines for corporations that are found guilty of an offence under the Act, both as first time offenders or as repeat offenders. Finally, despite the maximum fines set out in new subsections 70.3 (2) and (3), if a person has acquired a monetary benefit as a result of committing an offence under the Act, new subsection 70.3 (5) would allow a court to impose a fine that is equal to the amount of the monetary benefit.

The Schedule increases the limitation period for commencing proceedings for offences under the Act. Currently, such proceedings must be commenced within two years of the date the offence was committed. The Schedule increases the limitation period by providing that the two years does not begin to run until two years from the day the offence is discovered by an officer. However, in no case can the proceedings be commenced more than five years after the day the offence was committed.

schedule 6
trespass to property act

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. An amendment provides that the person is liable to a fine of not more than $10,000.

Currently, under subsection 12 (1) of the Act, a court is permitted to award damages against a person convicted of trespassing under section 2, but the award cannot be for an amount in excess of $1,000. An amendment removes the $1,000 limit.

Français

chapter 8

An Act to enact the Ontario Trails Act, 2016 and to amend various Acts

Assented to June 9, 2016

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short title
Schedule 1	Ontario Trails Act, 2016
Schedule 2	Motorized Snow Vehicles Act
Schedule 3	Occupiers’ Liability Act
Schedule 4	Off-Road Vehicles Act
Schedule 5	Public Lands Act
Schedule 6	Trespass to Property Act

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The short title of this Act is the Supporting Ontario’s Trails Act, 2016.

schedule 1
ontario trails Act, 2016

Interpretation

Purposes

1. The purposes of this Act are as follows:

1. To increase awareness about and encourage the use of trails.

2. To enhance trails and the trail experience.

3. To protect trails for today’s generation and future generations.

4. To recognize the contribution that trails make to quality of life in Ontario.

Existing aboriginal or treaty rights

2. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

Definition

3. In this Act,

“Minister” means the Minister of Tourism, Culture and Sport or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act.

Trails in Ontario

Trails Week

4. (1) Subject to subsection (2), the week beginning on the Monday immediately before the first Saturday in June in each year is proclaimed as Trails Week.

Minister may declare a different week

(2) For any particular year, the Minister may declare that Trails Week begins on any day of the year other than the Monday immediately before the first Saturday in June.

Ontario trails of distinction

5. The Minister may recognize a trail as an Ontario trail of distinction.

Trail classification system

6. (1) The Minister may establish a trail classification system.

Compliance voluntary

(2) Compliance with a trail classification system established under this section is voluntary.

Best practices

7. (1) The Minister may establish best practices to further the purposes of this Act.

Compliance voluntary

(2) Compliance with best practices established under this section is voluntary.

Ontario trails strategy

8. (1) The Minister shall maintain an Ontario trails strategy,

(a) that sets out strategic directions for the establishment, management, promotion and use of trails in Ontario; and

(b) that is guided by the vision of a province that has a world-class system of diversified trails, that are planned and used in an environmentally responsible manner, and that enhance the health and prosperity of all Ontarians.

Periodic review of strategy

(2) At such times as the Minister considers appropriate, the Minister shall conduct a review of the Ontario trails strategy.

Progress reports re strategy

(3) The Minister shall, at such times as the Minister considers appropriate, prepare reports about the progress made in implementing the Ontario trails strategy.

Requirement re initial report

(4) The Minister shall prepare an initial report no later than the second anniversary of the day this section comes into force.

Targets re purposes of the Act

9. The Minister may establish targets to further the purposes of this Act.

Consultation, etc.

10. (1) In the course of establishing a process for recognizing Ontario trails of distinction, establishing a trail classification system, establishing best practices, reviewing the Ontario trails strategy or establishing targets, the Minister shall,

(a) consult with any persons and entities the Minister considers appropriate;

(b) consider any government policies and programs that affect or relate to trails in Ontario,

(i) that the Minister believes are appropriate to consider, or

(ii) that the Minister has been advised by another minister are relevant.

Ontario legislation and policies

(2) The Minister shall ensure that the Ontario trails strategy, any trail classification system, any best practices, any targets and any process for recognizing Ontario trails of distinction are not inconsistent with Ontario legislation or provincial government policies that affect or relate to trails in Ontario or trail-related activities.

Public access to information

11. The Minister shall publish the following on a Government website:

1. The name of every trail recognized as an Ontario trail of distinction under section 5.

2. The trail classification system, if one is established under section 6.

3. Best practices, if any are established under section 7.

4. The Ontario trails strategy and every progress report required under section 8.

5. Targets, if any are established under section 9.

Easements

Rules re easements

Definitions

12. (1) In this section,

“eligible body” means,

(a) the Crown in right of Canada or in right of Ontario,

(b) an agency, board or commission of the Crown in right of Canada or in right of Ontario that has the power to hold an interest in land,

(d) an aboriginal community or organization prescribed by the regulations made under this Act,

(e) a municipality,

(f) a conservation authority established under the Conservation Authorities Act,

(g) a board within the meaning of the Education Act,

(h) a corporation incorporated under Part III of the Corporations Act or under the Canada Not-for-profit Corporations Act or a predecessor of that Act, and that is a charity registered under the Income Tax Act (Canada);

(i) a trustee of a charitable foundation that is a charity registered under the Income Tax Act (Canada),

(j) a prescribed donee under the Income Tax Act (Canada),

(k) a qualified organization, as defined under section 170 (h) of the Internal Revenue Code (United States) and Treasury Reg 1.170A-14 (United States),

(l) a corporation created by statute that is a registered charity under the Income Tax Act (Canada),

(m) any other person or body prescribed by the regulations made under this Act; (“organisme admissible”)

“owner” means the registered owner of land under the Registry Act or the Land Titles Act. (“propriétaire”)

Nominee of eligible body

(2) For the purposes of this section, a reference to an eligible body includes a nominee of the eligible body who is acceptable for registration in the land registration system as a registered owner of an interest in land.

Granting of easements

(3) An owner of land may grant an easement, with 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

Granting of easement voluntary

(4) For greater certainty, the decision to grant an easement under subsection (3) is voluntary.

Easement reserved by a body

(5) When an eligible body conveys land, it may reserve an easement for a purpose referred to in subsection (3).

Same

(6) A reference in any Act or regulation to easements granted under this Act also applies to easements reserved in accordance with subsection (5).

Covenant re uses and activities

(7) An easement shall contain one or more covenants, as may be agreed upon by the owner of the land and the eligible body, stating the uses and activities permitted, restricted or prohibited on the land to which the easement relates and a description of those uses and activities.

Same

(8) A covenant required under subsection (7) has effect for the term of the easement.

Registration of easement

(9) An eligible body shall register the easement against the land affected in the proper land registry office and, once registered, the easement and the covenants contained in the easement run with the land against which it is registered.

Not valid unless registered

(10) An easement is not valid unless it is registered under subsection (9).

Assignment

(11) An easement shall contain one or more covenants, as may be agreed upon by the owner of the land and the eligible body, with respect to the assignment of the easement to another eligible body.

Same

(12) An easement may be assigned by an eligible body only to another eligible body and only if the following requirements are met:

1. The eligible body gives the owner of the land reasonable notice of the assignment.

2. The assignment is in writing.

3. The assignment is made in accordance with the covenant or covenants referred to in subsection (11).

Same, registration

(13) An assignment under subsection (12) must be registered on title to the land.

Term

(14) An easement is valid for the term specified in it. The term must be specified as a period of months, years or in perpetuity.

Validity

(15) An easement registered on title to land, including the covenants contained in the easement, is valid whether or not the eligible body owns appurtenant land or land capable of being accommodated or benefited by the easement or covenant and regardless of whether the covenant is positive or negative in nature.

Release

(16) The eligible body may execute a release of an easement and shall provide a signed copy of the release to the owner of the land.

Same, registration

(17) The eligible body shall register the release of the easement against title to the land affected in the proper land registry office. If the eligible body fails to register the release, the owner of the land shall register the release.

Enforcement of easement

(18) An eligible body may enforce an easement that is registered on title to the land, including the covenants contained in the easement, against the owner of the land and against any subsequent owner of the land against which it is registered.

Same

(19) The owner of land may enforce against the eligible body the covenants contained in an easement that is registered on title to the land.

No merger of registered easement

(20) If an eligible body becomes the owner of land in respect of which it has the benefit of a registered easement,

(a) the easement does not merge in title; and

(b) if the eligible body transfers the land, the easement and the covenants continue to run with the land.

Rights preserved

(21) Nothing in this section limits a right or remedy that a person may have under any other Act, at common law or in equity in respect of an easement or a covenant, if the right or remedy is not inconsistent with this section.

Non-application of s. 12

13. Section 12 does not apply to any land owned by the Crown or to lands administered under the Conservation Authorities Act, the Public Lands Act or the Provincial Parks and Conservation Reserves Act, 2006.

General

Regulations

14. The Lieutenant Governor in Council may make regulations,

(a) prescribing aboriginal communities or organizations for the purposes of clause (d) of the definition of “eligible body” in subsection 12 (1);

(b) prescribing persons or bodies for the purposes of clause (m) of the definition of “eligible body” in subsection 12 (1);

Commencement

15. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

16. The short title of the Act set out in this Schedule is the Ontario Trails Act, 2016.

schedule 2
motorized snow vehicles act

1. Section 22 of the Motorized Snow Vehicles Act is amended by adding the following subsection:

Same

(2) For greater certainty, the following do not constitute a fee for entry or activity of the person for the purposes of clause (1) (a):

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

Commencement

2. This Schedule comes into force on the day subsection 1 (1) of Schedule 3 to the Supporting Ontario’s Trails Act, 2016 comes into force.

schedule 3
Occupiers’ liability act

1. (1) Section 4 of the Occupiers’ Liability Act is amended by adding the following subsection:

Same

(3.1) For greater certainty, the following do not constitute a fee for entry or activity of the person for the purposes of subclause (3) (c) (i):

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

(2) Subsection 4 (4) of the Act is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following clause:

(g) portage routes.

Commencement

2. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

schedule 4
off-Road vehicles act

1. Section 20 of the Off-Road Vehicles Act is amended by adding the following subsection:

Same

(2) For greater certainty, the following do not constitute a fee for entry or activity of the person for the purposes of clause (1) (a):

1. A fee charged for a purpose incidental to the entry or activity, such as for parking.

2. The receipt by a non-profit recreation club or association of a benefit or payment from or under the authority of a government or government agency.

Commencement

2. This Schedule comes into force on the day subsection 1 (1) of Schedule 3 to the Supporting Ontario’s Trails Act, 2016 comes into force.

schedule 5
public lands Act

1. Section 1 of the Public Lands Act is amended by adding the following definitions:

“boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”)

“conveyance” means a vehicle, boat or aircraft; (“moyen de transport”)

“officer” means an officer appointed to carry out and enforce this Act and the regulations under subsection 5 (1); (“agent”)

“vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway. (“véhicule”)

2. Subsection 5 (3) of the Act is repealed.

3. Subsection 27 (3) of the Act is repealed.

4. The Act is amended by adding the following section:

No damage to Crown land or property

69.2 (1) No person shall cause a prescribed type of damage,

(a) to Crown land; or

(b) to Crown property that is situated on, or attached to, Crown land including,

(i) any road or trail or water crossing or any material used to construct the road, trail or water crossing, or

(ii) any sign, building, structure or thing.

Regulations

(2) The Lieutenant Governor in Council may make regulations defining types of damage for the purposes of subsection (1).

Order of court

(3) If a person is found guilty of an offence for contravening subsection (1), the court may, in addition to imposing a fine under section 70.3, order the person,

(a) to cease the activity that has caused or is causing the prescribed type of damage;

(b) to take action, within such time as may be specified in the order, to rehabilitate the lands and repair any damage to property of the Crown,

(i) in accordance with a plan approved by the Minister, or

(ii) if the Minister has not approved a plan, in such manner as the court considers appropriate; and

(c) to obtain any work permit or other authorization under this Act that may be required in order to effect the rehabilitation of the lands and repair any damage to Crown property in accordance with the order of the court.

Compliance with order

(4) A person shall comply with an order made under subsection (3).

Failure to comply with an order

(5) If a person fails to comply with an order under subsection (3), the Minister may take such action as he or she considers appropriate to rehabilitate the land and repair any damage to property of the Crown, and any cost or expense incurred in the rehabilitation and repair is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.

5. The Act is amended by adding the following heading before section 70:

Part III.1
Enforcement and General offences

6. Sections 70, 70.1 and 70.2 of the Act are repealed and the following substituted:

Officers stopping conveyances

70. (1) An officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining compliance with this Act or the regulations.

Operator to stop

(2) On the officer’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any document or other thing requested by the officer that is relevant to the purpose of determining compliance with the Act or the regulations.

Stop signals

(3) For the purpose of subsection (2), signals to stop include,

(a) intermittent flashes of red light, in the case of a vehicle;

(b) intermittent flashes of blue light, in the case of a boat; and

Arrest without warrant

70.1 (1) An officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing or has committed an offence under this Act or the regulations.

Release by officer

(2) If an officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that,

(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to,

(i) establish the identity of the person,

(ii) secure or preserve evidence of or relating to the offence, or

(iii) prevent the continuation or repetition of the offence or the commission of another offence; or

(b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court.

Person not released

(3) Subsections 149 (2) and (3) and section 150 of the Provincial Offences Act apply if the person arrested is not released under subsection (2).

Necessary force

(4) An officer may use as much force as is necessary to make an arrest under this section.

Obstruction of officer

70.2 A person shall not,

(a) knowingly make a false or misleading statement to an officer who is acting under this Act; or

(b) otherwise obstruct an officer who is acting under this Act.

Offences

70.3 (1) A person is guilty of an offence if the person contravenes this Act or the regulations.

Penalty

(2) Subject to subsections (6) and (7), an individual found guilty of an offence under this Act is liable on conviction,

(a) to a fine of not more than $15,000 for the first offence and to an additional fine of not more than $1,000 for each day during which the offence continues; and

(b) to a fine of not more than $25,000 for the second or subsequent offence and to an additional fine of not more than $1,000 for each day during which the offence continues.

Same, corporations

(3) Subject to subsections (6) and (7), a corporation found guilty of an offence under this Act is liable on conviction,

(a) to a fine of not more than $25,000 for the first offence and to an additional fine of not more than $1,000 for each day during which the offence continues; and

(b) to a fine of not more than $50,000 for the second or subsequent offence and to an additional fine of not more than $1,000 for each day during which the offence continues.

Officers, directors, etc.

(4) If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and on conviction is liable to the penalty for the offence provided in this Act, whether or not the corporation is prosecuted for the offence.

Additional orders of the court

(5) Upon convicting a person of an offence under this Act, the court may,

(a) despite any maximum fine provided for under subsection (2) or (3), increase the fine that may be imposed on the person by an amount equal to the amount of any monetary benefit acquired by the person or that accrued to the person, as a result of the commission of the offence;

(b) order that a fine provided for under subsection (2) or (3) be paid in addition to any penalty specifically provided for in any other provision of this Act, subject to subsections (6) and (7); and

Exception

(6) The maximum fine that may be imposed under subsection (2) or (3) for each day during which the offence continues does not apply in the case of a daily fine imposed for an offence described in subsection 13 (4) or 14 (6).

Same

(7) Subsections (2), (3), (4) and (5) do not apply to an offence described in subsection 24 (9).

Limitation period

70.4 A prosecution for an offence under this Act,

(a) shall not be commenced more than two years after the day evidence of the offence first came to the attention of an officer; and

(b) shall not be commenced more than five years after the offence was committed.

Commencement

7. This Schedule comes into force on the day the Supporting Ontario’s Trails Act, 2016 receives Royal Assent.

schedule 6
Trespass to property act

1. Subsection 2 (1) of the Trespass to Property Act is amended by striking out “not more than $2,000” at the end of the portion after clause (b) and substituting “not more than $10,000”.

2. Subsection 12 (1) of the Act is amended by striking out “but no judgment shall be for an amount in excess of $1,000” at the end.

Commencement

3. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Français

Supporting Ontario's Trails Act, 2016, S.O. 2016, c. 8 - Bill 100

Tags

Share