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Orono Weekly Times, 19 Nov 1980, p. 3

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Orono Weekly Times, Wednesday, November 19th, 1980-3 Queen's Park report F&ll is a time when many Ontarians take to the woods and countryside to enjoy the splendour of the turning leaves. Hiking in parks ahd .from roadside stops, nature lovers often unintentionally trespass on farm property. In order that both farmers and hikers know their rights and obligations under the, law, the Attorney General of Ontario has published a pamphlet, "Property Protection Protection and Outdoor Opportunities". Opportunities". Last year the Davis Government Government took a close look at laws governing trespass and the liability of landowners in the event of accident or injury occuring on their property. The result of this examination was a reform of Provincial laws dealing with petty trespass trespass and occupiers' liability. Two companion pieces of legislation, The Trespass to Property Act and the Occupiers' Occupiers' Liability Act, were introduced in the Provincial Parliament in 1979 and have since been made law. Both Acts havd changed the legal relationship between an occupier occupier of land, with those who enter their land. Under the new Act, it is an offence to enter private property, to engage in a prohibited activity, or not to leave the premises When directed. The burden of proof rests on the defendant in each case and conviction can result in a fine of up to $1,000. All premises under this new Act, including school sites, are protected. Included in the definition of premises are, ships and vessels, bodies of water, trailers and portable structures as well as railway cars, vehicles and aircraft not in operation. Entry is prohibited without notice to any land under cultivation, such as gardens, fields and woodlots, or to premises enclosed in such a manner as to prevent entry . Land-occupiers can give notice of the type of activity allowed on their premises by signs, or by a new colour graphic system. Any'premises Any'premises with red markers posted means entrv prohibited. Rice group ready to commit $1.5 million Those with yellow markers' mean that certain activities are allowed on the land, but it is the entrant's responsibility to discover from the occupier, by conversation or from signs, what those activities are. With the increasing popularity popularity of outdoor sports, the Trespass, to Property Act gives a legal base to graphic signs prohibiting or permitting permitting activity. Permitted activity activity is represented within a green circle. Prohibited acti- • vity has a red line across it. Under the new Occupiers' Liability Act, an occupier of a premises is required to take reasonable steps to ensure the safety of those entering the premises and , property brought onto the premises. In every case, the situation will be judged on its individual merit - the only standard being applied , is what a reasonable person would do in similar circumstances. For non-paying entrants to rural land, such as hikers, the new law requires that they be self-reliant for their safety and accept conditions as they find them. The owner of the premises cannot be held responsible for accidents or the injury of a non-paying entrant. This law covers golf courses when not open for playing, utility right-of-ways, private roads and unopened road allowances. In the final analysis however, however, it is simple courtesy and respect for the rights of others that solves problems of land trespass. If you intend to hike through the countryside this fall or cross country ski this winter, make sure you are in permitted areas. Copies Copies of the Attorney-Generafs pamphlet are available at a number of public places, such as post offices or supermarket supermarket community note- boards, or from my constituency constituency office. Let me conclude , this column column by adding that as your Provincial Member I believe In a presentation to council on Monday by Andrew Orr on behalf Of Ridge Pine Park it was stated that the company is prepared to commence with a portion of the proposed mobile home park on their lands which would require $1.5 million. Orr told council the company company was ready to invest $1 million for a new bridge along with constructing a community community centre for the development development requiring a further $400,000 to $500,000. He said other services for the development development would bring the total to $3 million. Orr said his company has been patient and had in June requested rezoning and a development agreement -of lands along the lakefront and had again in September asked that discussion be undertaken with the rezoning application. He said they had received no written response from the Town. He said it was not until November 6th had they met with the Town committee to discuss the rezoning application application and development agreement. Orr stated that following a meeting on November 12th Town staff and Ridge Pine Park had come to an agreement agreement as to the rezoning application. He told council that Town staff felt that the development agreement and zoning by-law should proceed together. Orr said this was impossible at this time as the proposed development agreement agreement was so open end in most cases. Orr said Ridge Pine Park had sought this development over the past eight years and pointed out that the lands had been designated for Mobile my function is not just to represent Durham East at Queen's Park but also to bring greetings from the Premier and Government of Ontario to the many groups in our riding holding annual meetings or special functions. , Unfortunately there is too often little time, or a conflict in meetings, which prevent me from honouring each invitation. I do endeavour to do my best to spend some time with an organization that sends me a request. Such was the case recently and I thank all those groups for their invitations. I am sorry that my schedule prevented prevented me from spending more time with you. These groups included the presentation of a cheque for the new crippled children's school in Oshawa organized by the Simcoe Hall Women's League Association, commencement commencement ceremonies at Courtice, and Bowmanville High Schools, the Bowmanville Bowmanville Progressive Conservative Conservative Association Dance, the Independent Order of the Empire dinner reception and .the Open House of Destiny Manor. - . Home development in the Regional Official plan. He said if the zoning by-law was not approved on Monday the company would be going to the Ontario Municipal Board under certain sections of the municipal act. Orr pointed out his opinion to council that the mobile home project was a better tax base than even commercial and industry. He said the Ridge Pine Park development development would be equal to 1.5 million square feet of industrial industrial development which you would have to support with some services. He said the mobile home park internal operation and costs would be borne by Ridge Pine Park. Orr also pointed out that there would be benefits as to education costs. He said the development would be paying educational costs but not using any of the services. It was also stated by Orr - that Ridge Pine Park did anticipate that the rezoning application would go before the Ontario Municipal Board. He said the history of the proposed development would lead one to believe it would end up with the OMB. Orr asked that council support a rezoning application application at this meeting. 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