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By-law Number 2023-039
A by-law to regulate the use of lands known as
The 'Bruce County Rail Trail' and 'County Forests'
Sections 8, 9, 11, 135 and 142 of the Municipal Act, 2001, 5.0. 2001, c. 25 (the "Act"),
authorize the Corporation of the County of Bruce (the "County") to pass By-Laws
regulating the use and enjoyment of lands and forests owned by the County, whether it
be for personal or professional use;
County Council wishes to preserve and manage its lands and forests and provide for
the orderly use and enjoyment of them;
The Council for the Corporation of the County of Bruce enacts By-law 2023-039
as follows:
PART 1 - DEFINITIONS
1.1 In this by-law:
"All-Terrain Vehicle" means an "off-road vehicle" as defined in the Off- Road
Vehicles Act, R.S.0. 1990, c. 0.4.
"Bait" means a substance used to attract bears for the purpose of bear hunting.
"Bicycle" has the same meaning as in the Highway Traffic Act, R.5.0. 1990, c.
H.8
"Bruce County Rail Trail" means the lands owned by the Corporation of the
County of Bruce that were formerly owned by Canadian National Railway
identified on Schedule "A" attached to and forming part of this By-Law.
"County" means The Corporation of the County of Bruce.
"County Forest" and "Forest" includes the Bruce County Rail Trail and all of the
lands owned by the Corporation of the County of Bruce consisting of about 12,000
acres in numerous tracts identified on Schedule "A" attached to and forming part of
this By-Law.
"Council" means the Council of the Corporation of the County of Bruce.
"Cycling" or "Cycle" means the use or operation of a bicycle, unicycle or
tricycle by means of muscular power.
"Designated Manager" means one or more employees of the County responsible for
Trail or Forest management.
"Designated Trail" means that part of a County Forest or Bruce County Rail Trail
that has been marked by the County as such by a sign or other means.
"Group Event" means any activity or undertaking involving two or more persons
directly or indirectly associated with, to be conducted by or under the
auspices of a corporation, partnership, organization or association
"Motor Vehicle" has the same meaning as in the Highway Traffic Act, R.S.O.
1990, c. H.8.
"Motorized Vehicle" includes an All-Terrain Vehicle, Motor Vehicle, Motorized
Snow Vehicle, Off-Road Vehicle, and a Vehicle other than a bicycle.
"Motorized Snow Vehicle" has the same meaning as in the Motorized
Snow Vehicles Act, R.S.O. 1990, c. M.44.
"OFSC" means the Ontario Federation of Snowmobile Clubs.
"Officer" means a police officer, a provincial offences officer or a
Designated Manager.
"Off-Road Vehicle" has the same meaning as in the Off-Road Vehicles Act,
R.SO. 1990, c. 0.4.
"Person" includes a corporation, partnership or other entity capable
of entering into a legally binding agreement.
"Refuse" means garbage and includes anything discarded including but not
limited to paper, food and drink containers, food, eating utensils,
newspapers, diapers, glass, clothing, camping equipment and appliances,
plant material and fill of any kind.
"Run at Large" refers to an animal being at any place other than the
premises of the owner when not in the presence of and under the control of
the owner or other person apparently responsible for the animal.
"Tree" means any species of woody perennial plant, including its root
system, which has reached or can reach a height of at least 4.5 metres (15
feet) at physiological maturity.
"Use Agreement" means a written agreement signed by the parties between
the County and a person for access to and use of the Bruce County Rail Trail
or a County Forest for a Group Event.
"Vehicle" has the same meaning as in the Highway Traffic Act, R.S.O. 1990,
c. H.8.
"Wheelchair" has the same meaning as in the Highway Traffic Act,
R.S.O. 1990, c. H.8.
PART 2 - APPLICATION AND ADMINISTRATION
2.1 Application
This by-law applies to all areas within or on the geographical boundaries of the
Bruce County Rail Trail and all County Forests identified in Schedule "A" to this By-
Law.
Part 3 - ACTIVITIES PROHIBITED AND PERMITTED
3.1 Prohibited Activities
Within or on the geographical boundaries of a County Forest, no person shall:
(1)
Operate a motorized vehicle without a valid permit;
(2)
Operate a motor vehicle without valid insurance as required by law;
(3)
leave, deposit or dump refuse;
(4)
light or cause to be lit a fire;
(5)
gather or cut firewood;
(6)
camp;
(7)
hunt or fish without a valid permit;
(8)
use or possess bait;
(9)
engage in target practice;
(10)
engage in activities involving the use of paintball devices;
(11)
cut, prune, damage, remove or destroy any living tree, shrub, or
groundcover without first obtaining the written permission of a
Designated Manager;
(12)
permit or cause to permit an animal to run at large;
(13)
construct any fence, shelter, or other structure;
(14)
remove, alter or destroy any trail, fence or gate;
(15)
remove, alter, deface or destroy any sign apparently posted by the
County;
(16)
disobey a sign posted by the County;
(17)
post a sign of any kind without first obtaining the express written
permission of a Designated Manager;
(18)
create or construct or cause to be created or constructed a trail or
path;
(19)
Conduct a Group Event without a Use Agreement authorizing the
Group Event;
(20)
Fail to comply with a term or condition of a Use Agreement; or
(21)
Trap without first obtaining the express written permission of a
Designated Manager.
3. 2 Permitted Activities
Within or on the geographical boundaries of a County Forest, the following
activities are permitted unless otherwise prohibited by law or by a sign posted by
the County:
(1)
walking, hiking, cross country skiing, snowshoeing, dog sledding,
horseback riding or cycling on trails designated by the County for
these activities;
(2)
activities associated with teaching, nature appreciation or nature
study;
(3)
use of a wheelchair or other device for the purpose of facilitating the
mobility of a person with a disability;
(4)
walking, exercising or training a pet so long as the animal is not
permitted to run at large;
(5)
use and operation of motorized snow vehicles on OFSC designated
trails provided that the operator has a valid permit and valid
insurance as required by law for its the use and operation;
(6)
use and operation of all-terrain vehicles on trails designated by the
County for this purpose provided the operator has a valid permit;
(7)
use and operation of all-terrain vehicles on trails designated by the
county for this purpose provided the operator has valid insurance as
required by law for its use and operation;
(8)
hunting and fishing in accordance with provincial and federal
regulations unless otherwise posted by the County;
(9)
notwithstanding paragraph 3.2(12), the use and construction of
portable and temporary tree stands, blinds and ladders for and while
hunting;
(10)
trapping with the express written permission of a Designated
Manager; and
(11)
Group Events pursuant to a Use Agreement.
Part 4 - EXEMPTIONS
Persons using or operating motorized vehicles while in the execution of their duties
for or on behalf of an ambulance service, fire department, police department, or
the County shall be exempt from the provisions of this By-Law.
PART 5 - USE AGREEMENTS
5.1
No person may conduct a Group Event without first having entered into a
Use Agreement with the County and filing with a Designated Manager proof
of applicable and collectible liability insurance for the Group Event,
expressly naming the County as an insured, in a form and content approved
in writing by a Designated Manager.
5.2
No person may establish or designate a trail in a County Forest without first
entering into a Use Agreement with the County and filing with a Designated
Manager proof of applicable and collectible liability insurance, expressly
naming the County as an insured, in a form and content approved in writing
by a Designated Manager.
Part 6 - ENFORCEMENT
6.1
This By-law may be enforced by an Officer.
6.2
No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer in the lawful exercise of a power or duty under
this by-law.
6.3
No person shall provide false information or give a false statement to an officer
in the lawful exercise of a power or duty under this by-law.
6.4
An Officer who on reasonable and probable grounds believes a contravention
of this By-Law has occurred or is occurring may issue a Stop Order
substantially in the form attached as Schedule "B" to this By- Law.
6.5
A Stop Order may require the person to whom it has been issued to:
a)
immediately stop the activity believed to be in contravention of
this By-Law; or
b)
immediately leave the County Forest or Bruce County Rail Trail
in which the offence is believed to have been committed; or
c)
prohibit entry by such person or person(s) to the Bruce County
Rail Trail and all County Forests until such person or persons
receive written notice from a Designated Manager that the Stop
Order has been cancelled or withdrawn; or
d)
comply with all of paragraphs 6.4 (a), (b) and (c).
6.6
If requested to do so by an Officer, the person to whom a Stop Order has
been issued shall accompany the Officer or Designated Manager for the
purpose of ensuring that such person leaves the Bruce County Rail Trail or
County Forest safely and does not commit a further offence.
6.7
An Officer may serve a Stop Order by personal service or by registered mail
addressed to the last known address of the person to whom the Stop Order
was issued.
6.8
An Officer may prove service of a Stop Order by affidavit.
PART 7 - OFFENCES
7.1
Any person who contravenes sections 6.2 or 6.5 of this By-Law or a term of a
Stop Order is guilty of an offence and is liable to a fine of not less than
$500.00 and not more than $10,000.00.
7.2
Except as permitted by this By-Law, any person who injures or destroys any
living tree in a County Forest is guilty of an offence and upon conviction is
liable to a fine of up to $1,000.00 for each tree injured or destroyed to a
maximum of $100,000.00.
7.3
Every person who contravenes any provision of this By-Law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, Chapter P.33.
PART 8 - GENERAL PROVISIONS
8.1
The short title of this By-Law is the "Bruce County Forest Use By-Law".
8.2
An Officer who has reasonable and probable grounds to believe a person has
contravened this By-Law may issue an Offence Notice pursuant to the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33 specifying a set fine as
provided in Schedule "C" attached to and forming part of this By-Law.
8.3
If a court of competent jurisdiction should declare any section or part of a
section of this By-Law to be invalid, such section or part thereof shall be
deemed to be severable and the remainder of the By-Law shall be valid and
shall remain in full force and effect.
8.4
Unless the context otherwise requires, the singular shall include the plural
and vice versa and words importing a particular gender shall include the
other gender.
8.5
Schedules "A", "B" and "C" are part of this By-law.
8.6
On the effective date of the enactment of this By-Law, By-Law Number
2022-066 of the Corporation of the County of Bruce shall be repealed and
replaced by this By-Law.
8.7
Despite section 8.6 of this By-Law, By-Law Number 2022-066 of the
Corporation of the County of Bruce shall continue to apply in respect of
matters and offences that occurred before its repeal.
That by-law 2022-066 is hereby repealed.
This by-law shall come into force and take effect on the day that it is passed.
Passed this 5th day of October, 2023.
Chris Peabody
Warden
Linda White
Clerk
Schedule "A" to By-law 2023-039
Schedule "B" to By-law 2023-039
Stop Order (sample)
You are hereby directed and ordered to forthwith stop, halt, cease and desist from
any and all works associated with the destruction of trees or removal thereof from
those lands comprising:
Municipal Address:__________________________________________________________
Legal Description:__________________________________________________________
Lot:______________________________________________________________________
Concession:________________________________________________________________
Municipality:_______________________________________________________________
Name of Owner:____________________________________________________________
Identified person, firm or corporation responsible for destruction or injury of
trees:________________________________________________________________________
_______________________________________________________________________
Particulars of Contravention:
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________
Date by which order must be complied with:____________________________________
Date of Inspection:__________________________________________________________
Effective Order Date:_________________________
To:_________________________
Signature of Officer:________________________________________________________
Date:_____________________________________________________________________
Schedule "C" to By-law 2023-039
THE CORPORATION OF THE COUNTY OF BRUCE
PART I PROVINCIAL OFFENCES ACT
BY-LAW. 2023-039
Table 1 Part 1 Provincial Offences Act
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating or
defining
offence
COLUMN 3
Set Fine
1
Operate motorized vehicle in County Forest
without a permit
3.1(1)
$250.00
2
Operate motorized vehicle in County Forest
without insurance
3.1(2)
$250.00
3
Leave, deposit or dump refuse
3.1(3)
$250.00
4
Light or cause fire
3.1(4)
$300.00
5
Gather or cut firewood
3.1(5)
$200.00
6
Camp in County Forest
3.1(6)
$150.00
7
Unauthorized hunting/fishing
3.1(7)
$150.00
8
Use or possess bear bait
3.1(8)
$150.00
9
Target practice in County Forest
3.1(9)
$150.00
10
Paintball in County Forest
3.1(10)
$150.00
11
Damage or destroy trees/shrubs/groundcover
without permission
3.1(11)
$150.00
12
Permit animal to run at large in County
Forest
3.1(12)
$150.00
13
Construct fence, shelter, structure in County
Forest
3.1(13)
$150.00
14
Remove/alter/destroy trail, fence or gate
3.1(14)
$300.00
15
Remove/alter/deface/destroy County sign
3.1(15)
$300.00
16
Disobey County sign
3.1(16)
$150.00
17
Post unauthorized sign in County Forest
3.1(17)
$150.00
18
Create/Construct unauthorized trail or path
3.1(18)
$150.00
19
Conduct Group Event without Use Agreement
3.1(19)
$350.00
20
Fail to comply with Use Agreement
3.1(20)
$250.00
21
Trap when not authorized
3.1 (21)
$250.00
22
Obstruct Officer
6.2
$250.00
23
Providing false information
6.3
$250.00
Note: The penalty provision for the offences indicated above in Section 7.3 of By-law
2023-038, a certified copy of which has been filed.