Snowmobiling

In September 2019, the GRCA received a request from the District 9 snowmobile clubs to amend some of the clauses in their licence agreements, which were due for renewal. The requested changes to the agreements would have substantially increased the GRCA’s obligations, liability and risk as a private landowner.

Accordingly, the GRCA advised the District 9 clubs that it was unable to accept the amendments. Renewed agreements were sent to all of the local district snowmobile clubs, without revisions. In November 2019, GRCA staff were contacted by the Ontario Federation of Snowmobile Clubs (OFSC) to further consider the requested amendments to the licence agreements with all of the local districts. These agreements were not signed in 2019, and snowmobile trails were rerouted off of GRCA property for the 2019-2020 snowmobile season.

Since that time, the GRCA has continued its discussions with a representative of the clubs in order to determine if a mutually agreeable solution could be reached to permit snowmobile use on GRCA properties for the 2020-2021 season. Despite ongoing discussions, the GRCA and the snowmobile clubs have not been able to reach mutually acceptable licence agreements.

Without the licence agreements in place, snowmobiling will not be permitted on GRCA lands during the 2020-2021 season.

Further details are included in Report Number GM-08-20-52 – Snowmobiling Agreements on GRCA Lands.

The board report outlines a number of options that have been explored by both the GRCA and the clubs, including: further review of the revisions requested, a reduced trail network, and the option that the clubs obtain additional insurance coverage. The additional coverage explored included a package to cover the obligations as stipulated in the original agreements or a package that would respond to incidents involving non-snowmobilers that could be attributable to the action/lack of action undertaken by the clubs. As an example, if a hiker was injured and alleged that their injury was caused by how the snowmobile trail was groomed, the GRCA is asking the clubs to obtain insurance that would respond to such a claim in addition to a response from the GRCA’s insurer.

The GRCA remains unable to agree to the clubs’ requested revisions. In order to accept the revisions, the GRCA would need to develop an enhanced risk management program to mitigate the GRCA’s obligations, liability and risk. This would require additional inspections, signage, equipment and staffing needs, resulting in increased costs to the GRCA. Currently, the GRCA does not have the framework, resources or capacity to implement such a program. The majority of the trails where snowmobiling was permitted under the agreements are multi-use trails located on passive lands. These GRCA properties do not generate revenue and are not staffed. Typically, these increased costs would be compensated through increased licence fees. The snowmobile clubs’ licence fees were small (approximately $200-400 per club) and reflective of the GRCA’s risk and obligations under the original agreements. With increased risk, there is also potential for additional increased costs for insurance premiums in the event of a claim or if a claim exceeds coverage. 

How can GRCA deny access to these lands? 

Although it is commonly thought that land owned by the GRCA is public land, the GRCA is actually a private landowner and subject to the same obligations as a private landowner. The GRCA recognizes the importance of outdoor recreation to human health and well-being. We know that residents in the Grand River watershed enjoy a variety of outdoor activities to stay healthy and well connected to nature. While we would like to reach an agreement with the clubs, the GRCA must also consider other factors associated with the changes to the agreements the clubs have proposed.

GRCA staff would consider permitting a reduced trail network if the clubs were to consider modifications to their requested revisions and obtain additional insurance. A review of fees may be required.