File #: 05-G-350    Version: 2 Name:
Type: Staff Report Status: Recommended Motion (section C)
File created: 7/27/2015 In control: City Council
On agenda: 6/20/2005 Final action: 6/20/2005
Title: VOLUNTEER AND MUNICIPAL TRAILS WHEREAS municipalities and various Trail Clubs throughout Ontario have invested substantial public funds in the development of trails: AND WHEREAS the public has made very significant use of trail systems for fitness and recreation to substantially improve the quality of life during all four (4) seasons: AND WHEREAS those using the trail systems have historically done so at their own risk; AND WHEREAS the cost to maintain and police trail systems would be so prohibitive as to require their closure if made mandatory, whether by case law or statute; AND WHEREAS various lawsuits have been filed claiming liability against municipalities and other trail owners; AND WHEREAAS the cost of insurance for the use of trail systems has already proven so expensive to be prohibitive; AND WHEREAS the Ontario Government has introduced the "Active 2010" program as part of its Ontario Trails Strategy, encouraging Ontarians to become more physically acti...

Title

 

VOLUNTEER AND MUNICIPAL TRAILS

 

WHEREAS municipalities and various Trail Clubs throughout Ontario have invested substantial public funds in the development of trails:

 

AND WHEREAS the public has made very significant use of trail systems for fitness and recreation to substantially improve the quality of life during all four (4) seasons:

 

AND WHEREAS those using the trail systems have historically done so at their own risk;

 

AND WHEREAS the cost to maintain and police trail systems would be so prohibitive as to require their closure if made mandatory, whether by case law or statute;

 

AND WHEREAS various lawsuits have been filed claiming liability against municipalities and other trail owners;

 

AND WHEREAAS the cost of insurance for the use of trail systems has already proven so expensive to be prohibitive;

 

AND WHEREAS the Ontario Government has introduced the “Active 2010” program as part of its Ontario Trails Strategy, encouraging Ontarians to become more physically active;

 

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BARRIE RESOLVES AS FOLLOWS:

 

That local MPP Joe Tascona, the Minister of Municipal Affairs and Housing, John Gerretsen, and the Minister of Tourism and Recreation, Jim Bradley, be requested to move an amendment to the Occupiers Liability Act to clearly establish that those using trail systems are deemed to do so at their own risks, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public. (Circ. June 6, 2005, C15)