Ontario Trails Act, 2016

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.

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.

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

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.

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

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.

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.

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 i…

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

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 On…

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

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, (c) a band within the meaning of the Indian Act (Canada), (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 the Not-for-Profit Corporations Act, 2010 or a predecessor of that 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 Ac…

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

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); (c) prescribing purposes for the purpose of clause 12 (3) (c).

15 Omitted (provides for coming into force of provisions of this Act).

16 Omitted (enacts short title of this Act). ______________