MOTORIZED SNOW VEHICLES AMENDMENT ACT, 2000 / LOI DE 2000 MODIFIANT LA LOI SUR LES MOTONEIGES

TOURISM THUNDER BAY

TOWN OF BEARDMORE

TOWNSHIP OF SCHREIBER

BEDA'S CANADIAN LODGE

ONTARIO FEDERATION OF ANGLERS AND HUNTERS, ZONE B

NORTHWESTERN ONTARIO SPORTSMEN'S ALLIANCE

NORTH OF SUPERIOR SNOWMOBILE ASSOCIATION

THUNDER BAY ADVENTURE TRAILS

TOM QUINTON

CONTENTS

Wednesday 30 August 2000

Motorized Snow Vehicles Amendment Act, 2000, Bill 101, Mr Jackson
Loi de 2000 modifiant la Loi sur les motoneiges,
projet de loi 101, M. Jackson

Tourism Thunder Bay
Mr Ken Boshcoff
Ms Patricia Forrest

Town of Beardmore
Mr Eric Rutherford

Township of Schreiber
Mr Bob Krause
Mr Jeff Dicaire

Beda's Canadian Lodge
Mr Pat Beda

Ontario Federation of Anglers and Hunters, Zone B
Mr Neil Wiens

Northwestern Ontario Sportsmen's Alliance
Mr John Hay

North of Superior Snowmobile Association
Ms Nancy Tulloch

Thunder Bay Adventure Trails
Mr Brett Rushton

Mr Tom Quinton

STANDING COMMITTEE ON GENERAL GOVERNMENT

Chair / Président
Mr Steve Gilchrist (Scarborough East / -Est PC)
Vice-Chair / Vice-Présidente

Mrs Julia Munro (York North / -Nord PC)

Mr Toby Barrett (Norfolk PC)
Mrs Marie Bountrogianni (Hamilton Mountain L)
Mr Ted Chudleigh (Halton PC)
Mr Garfield Dunlop (Simcoe North / -Nord PC)
Mr Steve Gilchrist (Scarborough East / -Est PC)
Mr Dave Levac (Brant L)
Mr Rosario Marchese (Trinity-Spadina ND)
Mrs Julia Munro (York North / -Nord PC)

Substitutions / Membres remplaçants

Mr Gilles Bisson (Timmins-James Bay / -Timmins-Baie James ND)
Mrs Lyn McLeod (Thunder Bay-Atikokan L)
Mr Joseph Spina (Brampton Centre / -Centre PC)

Also taking part / Autres participants et participantes

Mr Michael A. Brown (Algoma-Manitoulin L)
Mr Michael Gravelle (Thunder Bay-Superior North / -Nord L)

Clerk / Greffier

Mr Viktor Kaczkowski
Staff /Personnel

Ms Lorraine Luski, research officer, Research and Information Services

The committee met at 1303 in the Valhalla Inn, Thunder Bay.

MOTORIZED SNOW VEHICLES AMENDMENT ACT, 2000 / LOI DE 2000 MODIFIANT LA LOI SUR LES MOTONEIGES

Consideration of Bill 101, An Act to promote snowmobile trail sustainability and enhance safety and enforcement / Projet de loi 101, Loi visant à favoriser la durabilité des pistes de motoneige et à accroître la sécurité et les mesures d'exécution.

The Chair (Mr Steve Gilchrist): Good afternoon. I'd like to call the committee to order as we commence our second day of hearings on Bill 101, the Motorized Snow Vehicles Amendment Act, 2000. We're pleased to be in Thunder Bay, our second stop in northwestern Ontario, and we're pleased to be joined here by a couple of our colleagues from the north.

TOURISM THUNDER BAY

The Chair: I am told our first presentation, Tourism Thunder Bay, is ready to go. Could their representatives come forward to the witness table. Good afternoon and welcome to the committee. It's good to see you again.

Mr Ken Boshcoff: It's good to see you. Welcome to our city, our region and our district. At the outset, I must thank you for having these hearings to allow the public to have a say. I know that we in Thunder Bay and the surrounding area are very pleased that you have included us to hear the divergent viewpoints, and we appreciate that very much.

My name is Ken Boshcoff, and I'm the mayor of the city of Thunder Bay. With me today is Pat Forrest, our manager of tourism. We're here today to express the view that a new source of sustainable, operational funding for snowmobile trails in and around our community is urgently required and that we believe Bill 101 will provide that sustainability.

Tourism is already our community's second-largest industry, but to date most of this economic activity, in its importance, has occurred during the summer months. There is, however, tremendous potential to develop our winter tourism, and snowmobiling holds the key to that potential.

There is considerable public support to establish Thunder Bay as a national sports capital. Our track record is impressive. Thunder Bay has already successfully staged numerous high-profile events including the 1994 World Nordic Ski Championships, numerous national curling, diving and swimming events, Skate Canada, the Canada summer games in the 1980s; innumerable national children's events of all kinds and international soccer tournaments, and indeed our reputation for organization and hospitality is exemplary. I could go on and on, but I think you get the point.

We believe that snowmobi1ing offers great potential to become a key component of a major winter sporting event in our community. We have already been approached by other communities that would like to join with us to stage city-to-city snowmobile events. With so much support already in place, all that is needed to make this work is committed volunteers and great trails. You would actually be amazed at the frequency with which people approach us to join with them in staging winter events such as this, and also snow-machining aficionados who have great plans and ambitious ideas to do this. So we know the organizational capability is definitely available.

We have tremendous admiration for the work of our local and regional snowmobile clubs. In our community, where volunteerism flourishes, the work of these dedicated people stands out. I know they would be delighted to work with us on such an event if they had the time and resources to do so. Until now, however, almost all of their energies have been focused on raising funds to keep the trails open.

The citizens of Thunder Bay, and visitors and tourists alike in the winter, have to commend Thunder Bay Adventure Trails for building the system to the high state at which it now is. They have laboured long and hard over the past number of years, not only through fundraising but through community hearings involving the community and the district, and now we believe we have a very fine system. If we can let them operate it without the burden of always having to be dependent on the vagaries of the weather, then I believe that indeed we can get somewhere.

That's where we feel Bill 101 will bring financial stability to our clubs and provide them with more freedom to work with us to develop winter tourism. I know today that the actual mechanisms of funding are going to be discussed. That is not really what we are trying to influence, but we do know that many of the groups and organizations have expressed concerns to us in our tourism department and to city council, and we only hope you will be fair with them and give them justice.

We thank you for hearing our concerns. We know you understand the tremendous potential that snow-machining and the trail system have, not only for northwestern Ontario but indeed for our whole province, and we know that the potential for us here has not even begun to become realized. We are asking for your assistance on this.

We congratulate you and the committee for your work on Bill 101. It is an important step forward.

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Ms Patricia Forrest: As Mayor Boshcoff mentioned, my name is Patricia Forrest and I'm the manager of Tourism Thunder Bay. Tourism Thunder Bay is a city division, and it's responsible not only for tourism marketing and visitor services but also for tourism development. As such, we have worked closely with our local club, Thunder Bay Adventure Trails, over the years.

I have been in my position for the past 10 years, and throughout these years I have had the privilege of working with the numerous volunteers of our local and regional snowmobile clubs. It's been my observation that the clubs have faced tremendous obstacles in their struggle for sustainability. I have shared their frustration as they've worked so hard to find the resources that would enable them to complete the trails network and to keep them open and safe.

Thunder Bay Adventure Trails, our local club, has also consistently demonstrated a huge commitment to tourism. Though the development and maintenance of tourism trails has placed a huge burden on them financially and also on their volunteers, they have always strived to work with us to advance snowmobiling tourism, and that has been greatly appreciated.

There are hundreds of thousands of snowmobilers in the US Midwest and other key market areas who would love to take a snomobiling vacation in our city and region if we had the trails built and if the clubs had the resources to keep them groomed. As Mayor Boshcoff mentioned, tourism is our second-largest industry. Our new long-range tourism strategy, Giant STEP II, pointed to snowmobiling tourism as one of our very highest-ranked products, provided again that the necessary network of trails was in place and that they were able to be groomed consistently.

This year our local snowmobile club had an especially difficult time financially. Mayor Boshcoff alluded to problems with the weather. I think we only had about four weeks of good snow. They are very vulnerable to that, and of course sales of permits were down. Tourism Thunder Bay made the decision this year to actually divert money from our marketing budget into the club to help them groom the tourism trails and keep the trails open. This was a really radical move for us, and one we would have preferred to avoid. However, it was plain to us that if we did not divert money from our marketing budget into the trails to help keep them open, we wouldn't have anything to promote anyway. So we now have very little money left to promote winter tourism. We are confident that this was the correct move but one we hope we wouldn't have to make again.

I am hopeful that Bill 101 will enable us to put our tough times behind us and work together to successfully promote snowmobiling and winter tourism. I'm aware from my discussions with the local club that there are still a number of concerns and outstanding issues to be resolved. I hope these can be resolved quickly so that we can get on with the business of building a vibrant winter tourism industry.

I thank the government for its interest in tourism in general and snowmobiling in particular, and I thank the hearings committee for allowing me the opportunity to present my views.

The Chair: Thank you both. That leaves us time for one quick question from each caucus. This time we'll start the rotation with the Liberals.

Mr Michael A. Brown (Algoma-Manitoulin): I am just delighted to have you here this afternoon. Yesterday we were in Kenora. One of the issues that was raised by the groups in Kenora was the uncompetitive nature of pricing for snowmobile trails in Ontario versus pricing in Manitoba, Minnesota and North Dakota. They presented a lot of numbers that said that folks were not coming here to our part of the world because of the fees; I think they were something like $10 in Minnesota. Of course, in Minnesota, gas tax revenues from snowmobiling are given to the snowmobile clubs to assist them.

I wonder if you believe our present pricing under this situation is conducive to accomplishing the goals you've just outlined.

Ms Forrest: Our experience with the US snowmobiler is that I think there's a trade-off in that their trails are quite congested. They don't have a lot of the scenery that we do, and again it offers a different experience for them. So there is a bit of a trade-off in that they appreciate the lack of congestion on the trails.

We've had a fair bit of success in marketing to US snowmobilers. We've had some problems in that we have a difficult link south; it's not a very direct link, so again we're not enjoying the benefits we might because of the trail not being completely in place the way we'd like to see it. But the comments we have from American snowmobilers are that they really appreciate the fact that the trails are not crowded and that it offers a different product for them.

Mr Boshcoff: Northwestern Ontario essentially has to turn its distance factors into opportunities. That probably is reflective of much of the costing part of this. What we hope to do, not only in Thunder Bay but throughout northwestern Ontario, is ensure that the infrastructure is attractive enough-that is, the hotels, the restaurants, the entertainment and the nightlife-to compensate for any of those pricing things so that they have a quality experience. We believe that, with the co-operation you've seen in northwestern Ontario, the potential is great for doing that.

Mr Gilles Bisson (Timmins-James Bay): I hail from the city of Timmins, so I well understand the importance snowmobiling plays in our local communities when it comes to the dollars brought into those communities during the winter months.

I'm only concerned about one thing. I understand why we're doing this. There's no general opposition to mandating the permits when riding on OSFC trails. I heard in your presentation that you see this as a way of being able to strengthen the amount of money clubs will have to build trails, but I don't think this is going to generate the kind of revenue we really need to make sure we are able to give the clubs the dollars they need to develop the trail system that we can then go out and enjoy. I think you alluded to that in your presentation. You said that the city actually put some money into the trails, which is not normally the circumstance. We don't see a lot of that, so I commend the city.

I'm wondering if you have any numbers, or any idea of the numbers, that Bill 101 will generate. I still believe the government is going to have to play a role in providing money directly to the clubs on top of what's happening with Bill 101. I hope you're not arguing that we don't need that other pot of dollars. I hope that's not what you're saying.

Mr Boshcoff: We'll clarify that that is exactly what we are not saying.

Mr Bisson: OK. I just want to make sure, because these guys have a way of reading what you said.

Just one quick comment: Is it their fault we had no snow last winter?

Interjections.

Mr Boshcoff: For the record, Mr Chairman, the weather is a federal matter.

Mr Bisson: I'm with you on that one.

The Chair: I'm sure Hansard got that.

Mr Garfield Dunlop (Simcoe North): A quick question: When you're talking in your report about making it more of a sports capital of Ontario, have you done projections or studies to back what you want to say as far as the numbers you made that it might be possible to bring into this area during a perfect season?

Ms Forrest: How many we could attract to a major sporting festival?

Mr Dunlop: In a perfect world, with good weather all winter and good marketing-

Ms Forrest: How many snowmobilers would come if we had a good season? Is that-

Mr Dunlop: Yes.

Ms Forrest: Yes, the local clubs have projections of that. I don't have them with me right now, but I know we fell short in our tourism numbers in the past couple of winters, having to do with incomplete trails and lack of snow. But yes, the clubs can give you that information.

Mr Boshcoff: Recognizing that if we agree that weather is a federal responsibility, the solution to attracting people is a partnership concept. The province and the municipalities have a great deal of opportunity in combining. So when a municipality such as ours sets a goal of wanting to be a sports capital, based on a long record of organizing, of achievements in many different sports from hockey to curling to anything you can name in the winter, including ski-jumping and cross-country skiing, it also combines with what we are calling our city of festivals idea, that there is a lot to do in our community.

Through the Northwestern Ontario Municipal Association, we've also begun to do some regional partnering in terms of identifying the region in that festival sense, which means that although we've already got many activities from April to October, the more we can generate in the wintertime will give us that kind of balance. We view the potential of snowmobiling as essentially untapped and, at this stage, unlimited. We have the entire infrastructure for tourists considerably underutilized in the winter months.

The Chair: Thank you both again for taking the time to make your presentation and kicking off our hearings here in Thunder Bay. All the best.

Mr Boshcoff: Please enjoy our community.

Mr Bisson: As of today, you can bet on it.

The Chair: I'm sure many more people will be enjoying Thunder Bay's hospitality.

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TOWN OF BEARDMORE

The Chair: The next presentation will be from the town of Beardmore. We have august presentations here today: two mayors in a row.

Mr Eric Rutherford: Good afternoon. Before I begin I will give you a little memento, so that you'll know where Beardmore is. This is a snowman pin.

Members of the committee, I thank you for this opportunity to come forward and address you today. I might recommend, though, that you get a map of Ontario up somewhere. As a retired teacher, we always have to have our concrete materials so we know where we're focusing. I have one here, a road map, so if we do need to refer to it, we can.

The situation I'm bringing forward today is indicative of the town of Beardmore. My town is a community which is about 18 miles long and six miles wide. It does contain some snowmobile trails.

I'm mayor of that town, but I'm also coming forward as a transition board member of greater Greenstone, which may or may not be the community that will be involved in the near future, depending on the outcome before the Supreme Court of Canada. That new community will be 120 miles long and about 36 miles wide. Seeing as we don't have a crosstown bus, the snowmobile might become a very important method of transportation and the trail network will take on an additional perspective.

I think I can speak on behalf of small-town northern Ontario. We have troubles in smaller communities organizing the clubs and having the criteria to have them go forward. I believe it's a 50-member obligation to come forward with before you have a legitimate club that will be recognized and, in turn, can apply for the funds for operation of a groomer and things like that. We do have a small group of volunteers in our town who have worked hard at maintaining a local trail network, which is very pleasant to travel on, but we are located on what we call the missing link. That's the TOPS trail link between Nipigon and Geraldton. If we were up and running as a legitimate club, we'd have at least 100 miles that we'd be responsible for grooming, because the link between those two communities is greater than 100 miles.

I say to you, as members of the committee, there has to be some special consideration in place for the smaller community places on the map with big areas of responsibility. Just as the MTO maintains highways 11 and 17 through the great distances of the north, we'll have to have some special trail maintenance or dollars so that those gaps can be filled and properly serviced for the use of all the citizens of Ontario or Canada or North America. I suppose those from Europe will be attracted to this area, too, if we have a good trail network up and running.

In point 3 in my presentation I outline the importance of the local, the district and the provincial picture. The corridor along Highway 11 between Thunder Bay and North Bay is one we've really got to get into place running properly, because we will be able to funnel people through that area in both directions. It's one that many of our municipal politicians-in fact, I dare say all of them-really want to get involved in supporting. We realize fully the potential that that link can offer to us.

I outline in our regional picture, too, that we do have Lake Nipigon, which Beardmore is the gateway to, which is 90 miles long and 45 miles wide and has four feet of ice on it that doesn't melt until May. I think Joe was down just when it melted one year. There is a snowmobile opportunity for people to really experience on that body of water, and well past the season when everything else has melted.

In my fourth point in the presentation, I outline my points about Bill 101 and I ask: Will it solve the problem or does it create a problem? While it may be fair in the south, I don't think it is in the north and here are my reasons why. I might be off base in some of my thoughts, so tell me if you think so.

My initial thought is that the fee is a little too high. If we want someone to come through that door and we're going to charge them $150, they're probably not going to come through the door. But if we charge them $25 to come through the door and get them onside inside, then we can realize the extra dollars we might need afterwards. That's my point there.

I really strongly feel that our volunteers have been doing a great job trying to maintain these trails, but they're working to their limit right now. The work they do is to the benefit of others, and even to charge them that high fee I don't think is fair. Many trail users are from outside the area, and I don't fault them for coming into our area, in fact, we welcome them here. But I stress that point.

I feel that the Ministry of Northern Development and Mines-and here I put in the point, let's change the word "development" to "survival", because I think it gives us a truer picture of that ministry and what it's trying to do. I think of it as the ministry of northern survival and mines, because the north is in tough times and this ministry has to come through to help it. I feel that that ministry should be partnering with municipalities to fund and assist more directly with the operation and maintenance of the trail network. Perhaps I'm off base when it comes to the bigger cities, but I think I'm on base for small-town northern Ontario.

Small northern clubs do not meet the membership requirements for recognition and funding by the OFSC. I've said that already. This, in turn, allows them no chance to purchase equipment such as groomers to carry out their work.

In point (g), I outline that operation costs far exceed any membership revenues. If you've only got 10 or 12 people in your club, the revenue from the membership sales doesn't amount to much.

Trail user fees are paid by visiting users at other points of entry and don't go to clubs conducting necessary trail maintenance. I think that's maybe a problem facing a number of places across the north, where visiting groups of hundreds of snowmobilers are paying their fees, but we have to get it back to the areas they are actually snowmobiling in.

While we can construct and maintain our local trail network, we need help with the TOPS trail network. I am saying that on behalf of Beardmore; that's the main trail going through.

In point (j), I outline that extra duties of acting as trail wardens are difficult in small-town settings, where if you have 10 or 12 members and they have to go out and chase or arrest or charge their friends, you create a scenario that's negative rather than positive. We're trying to welcome people on board and get them to pay their fees in a voluntary fashion.

I've outlined some solutions on the second page. I say in point 1 that a lower trail permit for northern residents similar to the lower northern vehicle licence fee of yesteryear, eg, $35, might be in order.

In my second point is the flow of funds from large southern clubs to smaller northern ones. If you have a club with thousands of members, they are realizing many thousands of dollars, and they're having a good time spending it and are probably spending it properly and appropriately. But perhaps there is room for some of those extra dollars to slide into the north, where they are really needed.

In my third point I am recommending special funding for crucial link communities on the TOPS trail, such as Beardmore. For example, I say that the province could fund a groomer, new or used, to be stationed in Beardmore, which, in turn, would be housed and fuelled by the township of Beardmore, and then the volunteers would put it to use keeping and maintaining the trail.

I really feel that municipalities have to partner in this. We do this when we operate arenas. We don't expect our hockey team to build the arena, but when it comes to using the arena, we expect them to pay a fee for the service. I think we can look at this in a similar fashion.

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My fourth point is short-term trail permit dollars distributed to clubs along the routes used by the holders. If we have visitors from out of country, let's find a way of passing the dollars they spend on their permits back to the communities they travel through.

In my fifth point I recommend a positive approach. Let's put the trails in order and then pursue user-fee increases. We still have some building to do out there. There are challenges, be it with bridges or with the grooming of the trail itself.

I also flag the negative news ad campaign in regard to the illegal use of trails. It's possibly creating a backlash from a number of snowmobile trail users. If we continue to advertise and threaten that you will be charged or arrested, this seems to get people's dander up. I think we have to try to bring them on board rather than challenge them in a negative fashion.

I also look to more direct support from MNDM, the Ministry of Tourism, the MNR and the MTO. All these agencies can help out, whether it's MTO planning their bridge crossings for highway traffic to also be able to carry snowmobile traffic or MNR providing assistance in mapping and layout of trails and helping with the issues. Tourism, of course, is always there to bring us forward when it comes to advertising the area and the region, and MNDM with their funding.

In closing, I say that we are facing volunteer burnout problems due to overwork and worry, because there is a hell of a responsibility that our snowmobile members are putting on their shoulders when it comes to maintaining that trail network. Why should they carry the whole load-desperate fundraising in order to carry on? They actually spend their whole year just trying to keep things rolling and going, and this causes the burnout.

Snowmobiling itself can turn the economy of the north around. For the town I reside in or the sister communities of the region, we know that well. Provincial and municipal governments have responsibilities to see this through. I recommend that a joint committee be formed to address this challenge and perhaps support the snowmobile groups in their endeavours. It could consist of representation from the following sectors: the provincial government, municipal governments, OFSC and general public representatives. Also included in there should be the First Nation community, because we are travelling adjacent to or through many reserve areas and there is a chance for those groups to realize revenue just as well as the municipalities.

I thank you for your time, and I'll entertain any questions you have.

The Chair: Thank you, mayor. We have time for a relatively quick question from each caucus. This time I'll start with Mr Bisson.

Mr Bisson: Thank you very much, mayor. Let me get to the point, because I have the same problem in Timmins-James Bay in regard to smaller communities that don't have the membership base to get TOPS funding through the OFSC system.

The question I have for you is: Are you suggesting that the government should amend the legislation to either force the OFSC or find a way with the OFSC to lower the threshold so that they can become clubs and get some of the money they need to buy groomers and do the kind of work we need to do, or do you see that more the responsibility of northern survival and mines? I'm starting a trend here with you.

Mr Rutherford: I would say northern survival and mines can get in there initially, because they have funding they can bring into the picture to allow things to happen. The OFSC is already overburdened with the general operation of the system, and I haven't found a negative person there yet. In fact, we've got some excellent support from Tom Quinton and others as we've tried to go forward with our endeavours. So they're onside.

I think we've got to get together and see where we can wiggle this through to solve the problem in the missing link or missing links.

Mr Bisson: So it would need to be some form of special program within northern survival and mines to fund the smaller clubs and not to burden TOPS or the OFSC itself.

Mr Rutherford: Something like a strategic groomer stationed in a small community setting, subject to recall if something breaks down somewhere else in the system. But rather than having it in Sudbury, it could be in Beardmore.

Mr Bisson: Where is this town Sudbury?

Mr Rutherford: I'm not sure, sir.

Mr Bisson: You're trying to forget that one.

The Chair: It's down south.

Mr Rutherford: There is a large groomer distributor located there.

The Chair: Thank you, Mr Bisson. Mr Spina?

Mr Joseph Spina (Brampton Centre): Thank you, Eric. Good to see you again. Thank you for, yet again, another snowman. I want to ask you: Did you paint the one on the side of the town yet?

Mr Rutherford: We have a new snowman constructed and we have a 30-foot-long "Gateway to Lake Nipigon" sign that you're going to have to come down to see before the snow flies. That gives you four weeks to get there.

Mr Spina: You're planning for a long snow season, Eric.

What I wanted to ask you was regarding a couple of issues. One is the fee structure, particularly to promote tourism, and the other is funding for operations for northern and smaller clubs.

The first question is with regard to the fee structure. Do you think a more flexible fee structure would help? I think there's a one-day permit now. There was a seven-day permit, and I know at some point there was a three-day permit. Do you think those would help at all in promoting tourism, Eric, because obviously a one-, three-, five- or seven-day fee would be a reduced fee from the full year?

Mr Rutherford: It could when you're bringing people in, but I'm looking at the people in the community itself. We have a mixture of seniors, trappers, young people and First Nation people, and if you want those people-say the 20 or 30 who are going to become the backbone of your club-to come out and work and charge them $150, then they're not too excited about it. But if the fee is within reach, then they don't mind paying it and also working. When you join a small club, you're really taking on work, where if you join a golf club or a curling club in a large city centre, it becomes a very relaxed atmosphere that you enjoy because there are many people to do the jobs. But in the north, we have to do all of them ourselves.

Mr Spina: So if we were able to generate enough revenue within a mandatory permit structure to help sustain the trails and also, perhaps, help to reduce the amount of volunteer burnout-in other words, reduce the amount of volunteer time-and maybe have some cash to help pay people to groom the trails, would that go towards achieving the objective?

Mr Rutherford: Yes, it would, but I still feel we need the lower fee to get things up and rolling. Then, if we provide a quality service, we can perhaps expect a higher amount of revenue from it afterwards.

The Chair: Mr Gravelle.

Mr Michael Gravelle (Thunder Bay-Superior North): Two quick questions, if I may, Mr Rutherford. The $150 fee: you've pinpointed, quite frankly, really well a number of the concerns that are out there about the legislation and what isn't there. What do you think will happen if they don't adjust the $150 fee? Most people think it's very excessive. We know we can drive our own vehicles across North America for much less than that, so this is a huge fee. Just in terms of your own community, what do you think will happen if that fee is maintained at $150? Do you think everybody will pay it, or will people just ignore it?

Mr Rutherford: People will ignore it, and the snowmobile club that currently exists in our community, which is not recognized by OFSC, would not charge that fee. They would probably levy a $10 or $20 fee, and the people paying that fee would use the trail network they've maintained. If there was a TOPS trail going through, they would probably just chug along on it as well, and someone from a faraway town would have to come to arrest them.

Mr Gravelle: That is why I asked the question. I've had a lot of people express to me the concern that they won't be intending to pay at all.

Mr Rutherford: What it does is create a negative. We're wasting our energy fighting over this and doing nasty things instead of saying, "Everybody, let's get together and do it," rather than squabble over this-

Mr Gravelle: And you think that could perhaps be accomplished by having an adjustment in the fee structure or some adaptation as well for the traditional users, I presume?

Mr Rutherford: Yes, I think it could. Then, when people are on board and the positives start to roll, we will have a real functioning organization we can be proud of.

The Chair: Thank you, Mr Gravelle, and thank you very much, mayor, for taking the time to drive down and make your presentation. We appreciate it very much.

Mr Rutherford: In closing, I say to this committee that if you're still underway during the winter months, it would be really great to plan a snowmobile trip from Kenora to North Bay, which you could head up. And as you travel across the north, various municipalities and clubs could join the entourage. We could really make some hay out of this and advertise that fact. Perhaps if we started in Kenora and got to North Bay with actually thousands of people, maybe the Premier of the province would even greet us there and host a dinner. So think of that. Thank you, sir.

The Chair: Thank you.

Mr Brown: Mr Chair, just a question for the ministry, if we could just have them research it for us. I would like to know how many more permits they believe will be sold under the mandatory system.

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TOWNSHIP OF SCHREIBER

The Chair: Our next presentation will be from the township of Schreiber. Mayor Krause is our third notable luminary kicking off our proceedings here today. It's good to see you. Welcome to the committee.

Mr Bob Krause: Good afternoon. I'd like to thank you for allowing me the opportunity to speak to this bill. My name is Bob Krause. I'm the mayor of Schreiber, and this is Jeff Dicaire, who is our economic development coordinator. For those of you who don't know where Schreiber is, it is 200 kilometres east of Thunder Bay on Highway 17. It appears that we're left off the map all the time lately. They don't seem to want to have us there, but we holler loud enough and I'm big enough that they get to know where we are anyhow.

I would like to thank this government for their interest in snowmobiling, as it has become such a large industry in Ontario, especially in the north. Here in the north, we are becoming ever so dependent on tourism for our survival, and being able to promote our area year-round has been helpful. Tourism, at one time, was just in the summertime, but now it's becoming year-round. I can foresee that we will be having our tourist information centres open year-round as well. It's very important what snowmobiling is doing to us.

Schreiber is in the planning stage of building a large interpretive centre. Our interpretive centre is to the tune of about $13 million, so it's a large project, and it will be a summer and winter operation. One of the aspects taken into consideration for the location of this centre was the TOPS trail, which runs right by the interpretive centre. The TOPS trail was built by the Lake Superior Family SnowGoers, who have put thousands of hours into it. They've done an excellent job, and we've taken advantage of trying to locate our interpretive centre right alongside of it. It'll be running right by us. That indicates the importance of snowmobiling in our community.

I believe it is time for the government to take a more active role in helping maintain the trail system that has been built, with government financial help, by the thousands of volunteers across the province. For the marketing efforts to continue there must be a continued influx of funding dollars to balance the effort from the volunteers. We must also ensure that any revenue derived from proposed mandatory trail permits continue to be spent on trails for safety and sustainability reasons.

You definitely have a challenge ahead of you, as you must ensure that the system is put into place to ensure the sustainability of our trails while keeping it affordable and fair to all parties-local snowmobilers and tourists alike.

Northwestern Ontario is fast becoming known as a snowmobile haven, and if all parties do not work together to make the industry attractive and sustainable, we will be left behind in an industry that can provide such an economic spinoff to our communities. I don't think the magnitude has been anticipated. Snowmobilers contribute a great deal of dollars to our local economy by purchasing fuel, staying in motels, eating in restaurants etc, and this bill must address the problem facing the industry and help to get over the hurdles facing us.

Here in northwestern Ontario, we have some of the most beautiful, yet challenging, terrain in which to build and maintain trails. For that reason we must ensure that the permit dollars received are distributed equally to all regions.

The volunteers who have created these trails now require the support and partnership of the government, and you must work together to ensure the sustainability of these trails for all to enjoy. The trail system is there now, and we need to take advantage of benefits by having everyone work together. This will become a major attraction for the province and its people to be extremely proud of.

The proposed legislation is a good step in the right direction and I'd like to thank you for providing me the opportunity to come here today.

The Chair: That leaves us lots of time for questions. This time the rotation will start with the government, Mr Dunlop.

Mr Dunlop: Thank you for coming so far to make this presentation. By the way, Schreiber is on the snowmobile map?

Mr Krause: It was left off when they brought forward the work that they were doing up in northern Ontario. As well, it was left off of a couple of tourism maps.

Mr Dunlop: Just a couple of very quick questions. One, you mentioned your interpretative centre?

Mr Krause: Yes.

Mr Dunlop: I was wondering if you could explain how that was funded, and second, I'd like to know how you feel about the fees for the OFSC.

Mr Krause: The interpretative centre that we're planning on is in the planning stages and we're now out trying to look for dollars. I believe Jeff here can elaborate a little more on that.

Mr Jeff Dicaire: We've just completed the feasibility study for our interpretative centre which has declared that it can be feasible and sustainable to run on its own, so we're out lobbying the heritage fund right now. The feasibility study was funded in a joint effort by Fednor and the heritage fund. We're obviously approaching those people at this point in time, as well as some private investors, so that we can try and put our ducks in a row to get going on this. We understand that tourism is important, as everyone has been reiterating, and that's one of the aspects that we're hoping to take advantage, of along with the heritage locally that we have in the railroad industry and some of the marine heritage and everything else that happens in northwestern Ontario.

Mr Dunlop: Sorry, I thought it was already under construction. You're looking for funding now?

Mr Dicaire: We've got the site. The site has been chosen, and now we're going after the funding to get it done.

Mr Dunlop: The other question was: I was wondering how you felt about the permit fees that are in place?

Mr Krause: The permit fees: I feel that they are going to have to try and keep them under control, because in small communities, as you know, snowmobiling is very important. We have a lot of people who have three or four snowmobiles. You have one for yourself, your wife and two or three kids. They all might have a snowmobile, because we can leave my house, go out the back door and I'm gone. That's pretty costly snowmobiling for a family if we had to buy a permit for each machine, so the permit fees have to be kept where you can afford to buy several permits in one family.

Mr Spina: Thank you, Bob, for coming forward today and giving us your comments.

With regard to the fees, right now, as you know, the fees are set by the federation at their annual general meeting on a vote by the 200 delegates of the 281 clubs at their convention. If the province becomes involved in the mandatory permit status or issue, as is part of this bill, the minister will have the final say as to whether those fees are acceptable or even set the fee. That's the way the bill is worded now. Do you feel that the federation should retain that autonomy to create those fees at their annual general meeting with the approval or not of the minister?

Mr Krause: The minister and the federation are going to have to work together to set these fees. I believe it's not one-sided; they should be working together to do this.

Mr Spina: There's currently an equalization formula for distribution of some of the funds that the federation has from some of the wealthier clubs to some of the not-so-wealthy clubs. Do you think that this formula is working right now? Do you have a feel for that at all?

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Mr Krause: I couldn't say at this time.

Mr Spina: Thanks, Bob.

The Chair: Ms Bountrogianni.

Mrs Marie Bountrogianni (Hamilton Mountain): Thank you for your presentation.

Yesterday in Kenora, we heard a lot from trappers and other traditional users of the trails who felt that it was unfair that this fee of $150 be applied to them. They felt that there shouldn't be any fees applied to them, or a very minimal fee, because they built the trails in the first place, and for various other reasons. What is your opinion on that?

Mr Krause: I believe that the people should be able to continue to use those trails that they have already built. Now, if they're using the trails that are built by the snowmobile clubs and what have you, then they would have to pay toward that fee.

The Chair: Mr Gravelle.

Mr Gravelle: May I say, just in terms of Schreiber being left off the map, it actually happened three times. I think it's a good opportunity to have the government members here to explain that it really was establishing a tourism map: the minister's up here to announce highway construction and leaves Schreiber off the map, and other communities as well. I hope that won't happen again. I think it's something that we have to keep talking about it. It's a shame we have to keep talking about it.

Mr Spina: Thanks for the promotion, but there's nobody here in cabinet, Mike.

Mr Gravelle: But I know you have a great deal of influence, and I'm sure Mayor Krause won't mind my making reference to that because it upset us all.

How important, in terms of Schreiber in the region, is snowmobiling in terms of your community? Can you give us a real sense of that, what impact it has on your community?

Mr Krause: Snowmobiling is very important to us, and it's going to be especially important in the future. Motels in the wintertime drop off because of tourism, and snowmobiling will help these tourist outfitters, and what have you, continue to survive.

We had a case a couple of years ago where some people came into town snowmobiling for a couple of days. We welcomed them, took them out and showed them the trails. It wound up they stayed for a week, went home for a couple of weeks, came back and spent another three weeks snowmobiling around Schreiber, where they bought gasoline, ate in the restaurants and stayed in the motels. It's stuff like that that's going to make or break some of these places that depend on tourism and it's very important.

Mr Dicaire: Just to drive that home a little bit, some of the local business people are seeing enough of an advantage that one motel owner has already set up a barrel sauna in his parking lot with a hot tub. Looking at catering specifically to snowmobilers has really been a strong part of their marketing plan. They're building a shed at the back so that the snowmobilers can come in and work on their machines in a heated environment when they're coming through. The businesspeople are starting to see the advantages and the benefits that can be derived from snowmobilers coming through. As we said, the TOPS trail runs right through our community so we're a natural. We're just a nice distance away from Thunder Bay to make it a good hard ride in a day, but we can make it.

Mr Gravelle: I think we're going to hear a lot, obviously, about the amount of the fee, the $150. It's an important issue to sort out, and I know that the OFSC is really concerned with this as well in terms of getting it right. But my question is, if the fee is too high, and the fact that we have had two winters that haven't been the best for encouraging people, what impact do you think that could have? My concern is that it could have a major impact. If the people perceive that the fee is too high or that they're being forced to pay for something that they shouldn't have to pay for in the first place, it could have a really negative impact. Have you calculated that at all, Jeff or Bob?

Mr Dicaire: Any of the experiences I've had with the tourists coming through, or anyone I've talked to over the telephone who plans on coming and wants to discuss the fee, once they realize how the fee is based, how the system actually works and they realize what the trails are like, the amount of work that the volunteers put into the trails, not too many people have a problem paying that amount.

The problem that you'll find is with the traditional users, the local people who have two or three sleds; they're going to have to make a decision on whether they want to use the trails or not. It's my understanding-and I don't want to speak for the OFSC; they'll speak here later-that they have the same vantage point: they also don't want the traditional users having to pay on trails that they've paid for before. As long as we keep all parties working together to a common goal, I don't see this being a problem. I think we can work this out.

Mr Gravelle: I think that is the trick.

Mr Bisson: I've got two questions. The first one is in regard to the act. One of the things this act says in short terms, outside of legal terms, is that if somebody takes your snow machine, takes off down the trail and gets caught, it's the snow machine that gets fined. Most of us have a couple of machines at home. If one of your kids or a neighbour's kid, a nephew or somebody, jumps on the machine and goes down the trail, it's the machine that gets the ticket. Do you see that as being fair, or should we amend that section of the legislation to ticket the person who has been caught, and if that person didn't make sure there was a ticket on, then it's the person who gets charged?

Mr Krause: I believe the person should get charged.

Mr Bisson: You? It's not a trick question. We get into this every now and then in legislation. I know we've been down this road before, when we were the government, and I was very uncomfortable with it. Now I see that this government has adopted the policy that they were opposed to when we were in government, and I'm a little bit confused because everybody's changed position on this. I really have a problem with that, because the nature of snowmobiling is that often your kids are going to take the machine to go out on the lake for a ride and they cross the trail to get somewhere and, whammo, dad's just got himself a $100 fine. I know what's going to happen to that kid when he gets back home, but that's another story.

Mr Dicaire: That's the whole thing, but I agree as well that it's got to be the person who's travelling. If they're old enough to possess a licence and be travelling on a machine, then they've got to take some responsibility.

Mr Bisson: The other part of the legislation under 17.1 deals with the issue of a person who is told to stop by a police officer and doesn't. The fine is a minimum of $1,000 and up to $10,000 or six months in jail. Is that excessive? I'm thinking, yes, there are cases where if the person involved is drinking or they've broken the law, I can understand why we'd want to have something as severe as that-it's probably in keeping with the motor vehicle act, I would imagine-but again in the case of the 15-year-old son or daughter who takes the machine and says, "Oops, I'm about to get caught," you're with a $1,000 fine, maybe $10,000, depending on how the judge feels, or there's jail time, is that excessive?

Mr Dicaire: I don't believe it's excessive at all. I've been on the trails a lot myself and I've seen some of the "animals" who drive snowmobiles. If people are running they seem to ride a little more erratically, and when they come around some of the corners that we have in northwestern Ontario and come up some of the blind hills and you meet a family head on, there have been enough deaths in snowmobiling lately that they have to make it so that people take it seriously.

Mr Bisson: Here's a question for the parliamentary assistant: I take it that section 17 is in keeping with the motor vehicle act, right? That's where that comes from?

Mr Spina: Yes. What we're doing is bridging the infractions, if you will, on the snowmobile much closer to the Highway Traffic Act. Very similar infractions would be bridged to the actual driver's licence so that if there was a suspension with one it would equally apply to the other.

Mr Bisson: The last question is about the amount of the trail permit. There are some people who feel that's excessive. Is that your view, or is that a fair assessment, $150 for the trail permit?

Mr Krause: At this time, knowing the amount of work these people have put into it and the terrific cost of doing this, it's not really. As Jeff said before, once you realize what these people have spent to do this work, $150 is not bad. But you get people who look at $150 and say, "What am I getting for it?" A lot of times those are the people who don't even know what a snowmobile trail looks like.

Mr Bisson: I have another question but I'll wait for the OFSC to show up.

The Chair: Thank you very much for making a presentation. Just so you don't think it's only one level of government, I noticed last year that Northumberland county left Cobourg off its tourism map. It only happened to be the biggest city in the county-surely an oversight on all parts.

Thank you very much for coming all this way to make your point. Good to see you again, and best of luck on that interpretive centre. I remember talking about it at AMO last year. Good luck.

I'm told we've had a cancellation at the 2 o'clock spot and two of the members have asked if we could have a brief recess. I'm not going to go the whole 20 minutes but I'll give you a 10-minute recess. Apparently the media have made a request to speak to two of the members. The committee will stand recessed for 10 minutes.

The committee recessed from 1400 to 1412.

BEDA'S CANADIAN LODGE

The Chair: I call the meeting back to order. Thank you all for your indulgence. Our next presentation will be from Beda's Canadian Lodge. Good afternoon. Welcome to the committee. I take it you're Mr Beda?

Mr Pat Beda: First, I just want to say thanks for having me as a speaker and I do kind of feel like a fish out of water here because my two concerns on Bill 101 are, basically, how it's going to affect me as a sportsman and how it's going to affect me as a tourist outfitter. I've got a couple of pages put together here and I have a couple of questions and I'd be more than happy to answer any.

Section 49 of the Public Lands Act states, "any person has a right of passage on a road other than a private ... road." Approximately 90% of the trails in northwest Ontario are on existing public forest roads. Many of these public forest roads were built over existing trails that trappers, hunters, fishermen and prospectors used for years. Bill 101, as it is written, gives the OFSC land tenure and prohibits those of us who have used these old trails for years from accessing traditional hunting and fishing spots. Many of these roads were paid for by the public and are supposed to be open to the public under section 49 of the Public Lands Act. Why should the OFSC have exclusive use of the public forest roads where, in the past, there has been multiple use? If I'd like to ride the trails, I'll gladly buy a permit. My paying tourists, if they want to ride the trails, will buy a permit.

There is other winter tourism than snowmobile riding. I had been successfully marketing my product for years before the snowmobile trail came into existence. I didn't need a groomed trail before it came and I don't need it now. Organized snowmobiling was funded by the government to promote tourism, yet the Ontario federation has held the government ransom by threatening a $300 fee on non-residents unless they get their way with the government. And now you want a piece of my action from my clientele. I don't feel that's right. I've got 21 clientele this winter lined up for ice fishing-strictly ice fishing. If they have to buy a permit to go ice fishing for the short, approximately three quarters of a mile of groomed trail that they use, they're not coming. Although the business has been in the family since 1939, my wife and I just purchased it a year ago. If I lose that clientele, that's four months' mortgage for me; it's detrimental.

Nothing in Bill 101 addresses traditional users or tourist outfitters. Basically, that's all I have to say. I do feel that I could take questions and give you good answers because I've worked the industry both sides of the border. I did belong to Adventure Trails for three years. It didn't work for me for recreational riders because we don't have the same products at Shebandowan that they have in the immediate Thunder Bay area.

The Chair: That does leave us lots of time for questions. I'm sure there will be many. This time the rotation will start with the Liberals.

Mrs Lyn McLeod (Thunder Bay-Atikokan): You're at Shebandowan. You're not getting a lot of tourism value directly from snowmobiling itself.

Mr Beda: Initially, when the trail was pushed out there and I got on with the club, it was a run for the money; it was a new place to go. It sounds trivial to some of you guys from the south but a good weekend was 60 sleds and four or five during the week. For me it wasn't feasible; I did not get a return on my money. After three years, I dropped out of trail riding and resumed with ice-fishing clientele.

Mrs McLeod: Can you explain why the necessity of the permit would directly affect your ice-fishing clientele?

Mr Beda: The bill, as it is written, does not address any traditional users. It's plain and simple that anybody who uses any section of that trail will have to have a permit. These groomed trails were not constructed by the snowmobile clubs. They ran a groomer down a road that our tax dollars had already paid for and were abandoned by the logging companies. When they came and groomed those trails, we didn't have a problem with them because we could coexist. And now the general public who ice-fishes and hunts and traps and prospects, we're feeling like we're being pushed out by squatters. We didn't complain when they came.

Mrs McLeod: But your clientele would use portions of a trail in order to access the particular spots-

Mr Beda: I'm sorry?

Mrs McLeod: Your particular clientele, the ice-fishing clientele, in the wintertime would use portions of the snowmobile trails in order to access the sports where they're fishing?

Mr Beda: Yes. I would rather say that the portion of the trail that they've been using is now groomed by the snowmobile club.

Mrs McLeod: I think those are all the questions I have.

Mr Beda: I would like to add, if the snowmobile federation had a good product, they wouldn't have to force it on people. And furthermore, if you've got something you think is good, you should give away some free samples. If you go to Minnesota-if you're licensed here, you're good to go. I've had positive comments from Americans on our trail system and I've had some negative comments, from, "Can't find our way on the trail because it hasn't been groomed in weeks," to lack of signage, to the cost. I think if you had a good product, you'd get more of the general people of Ontario on board for what you're trying to do.

Mrs McLeod: Maybe I'll actually ask one small question if there's still a moment. Has there been any direct conflict-I don't mean interpersonal conflict-between the snowmobile users and the ice fishing clientele who would be using a portion of the trail? Has it caused any problems?

Mr Beda: No, there's been a very pleasant co-existence until now. I'm afraid that because of the lack of publicity over the past summer about what's trying to go down here, things could explode this winter. I expected the seats to be full today, but according to the OFSC Web site, they wanted this kept pretty much under wraps until it was all tight and done. I've got that copied off the Internet. I think the public should have been more informed, to get more people fully aware and get more people on your side.

Mr Bisson: I hear part of what you're saying. I don't agree with the way you're trying to position the OFSC. There are a lot of good volunteers who are working to promote tourism in our area and I have a bit of a problem with the approach, but I understand and respect that you have your view.

My question is on the issue of those who traditionally use those old roads to access lakes. How would you make that work? If the law says you have to have a trail permit to ride on the trail, and somebody who's going to your establishment, going out ice fishing, uses four or five miles of the trail to get there, how are you able to police who is going fishing and who is not? Do you have any suggestion how that could be done?

Mr Beda: Yes, I do.

Mr Bisson: I have some sympathy for what you're saying, but it would be fairly difficult to do.

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Mr Beda: I'm in contact with some of the conservation offices in the area. It's pretty evident when somebody's going ice fishing, they're travelling with a certain amount of gear. If they're not travelling with any gear, they're snowing you. I don't know how you would put how much gear into a law, but the people in charge of enforcing it would know if you're snowing them or not.

Mr Bisson: You're asking us to see if there is an amendment that can be made for anybody who's utilizing the trail for strictly those purposes. They're not out trailing, they're trying to get to their trap line, they're trying to get to a lake to do some fishing within reason; not like I'm going down 80 miles to get to my lake. I think that would be a different situation. You're looking for some sort of amendment to cover that off, right?

Mr Beda: Absolutely. There's a fair number of local residents who fish the same lakes that I send my tourists to.

Mr Bisson: I guess I raised part of the problem in my own thinking out loud about this, because what do you do with a person like me who goes fishing? That's one of the things I do when I snowmobile, but I'm going like 80 miles back on a trail somewhere. Is that considered sledding or is that considered fishing?

Mr Beda: If you've got gear with you, you're obviously going fishing. I don't know of many recreational riders who-

Mr Bisson: All right, let's bring that one step forward. Not that I want to defend the government-God knows I don't want to do that-but if all I've got to do not to get a trail permit is put some fishing gear behind my sled, I'm trying to figure out legally how you can deal with the issue. I agree with you; those people who are not primarily using the trails for trailing, but rather they're trying to carry out another activity, if there's a way of drafting an amendment that covers that, I'd be prepared to support it. But I have a problem doing something blanket because I know what people will do. All my friends back home would say, "Oh, Jeez, I've got five fishing rods. I'll keep them in the back of the sled and have a great time." I'm trying to figure out how you get past that.

Mr Beda: It's kind of like a couple of vehicles down the road. If there's a private vehicle with people in it, they might be on a trip, but if there's a truck, they're obviously working or hauling something; a similar situation.

Mr Bisson: Then one of the things I'd ask research is if we can look at seeing if there's some way of drafting an amendment that would deal with the concern he has but doesn't make it so that people can use it as a loophole to get out of paying their trail permits. Most of the members of the committee would, I hope, agree to look into that. I see a nod from the parliamentary assistant. I take that as a yes.

One other question before you go, if I have time, Chair?

The Chair: Very briefly.

Mr Bisson: Then I may not have time.

The Chair: No, go ahead.

Mr Bisson: OK. Under section 7 of the act, it basically says that at all times you must carry a trail permit or your driver's licence when on a trail or on public land. That touches back to the issue you talk about, which is that a person who goes out fishing or a trapper who goes out trapping has to have their driver's licence, and/or if they don't have a driver's licence, a snowmobile permit to drive off the trail, or the conservation officer can charge you. Should that be amended?

Mr Beda: I'm not sure I fully understand your question. Can you repeat it?

Mr Bisson: I'm not sure I understand it myself.

Mr Beda: There you go.

Mr Spina: Time's up.

Mr Bisson: Time's up. I think I'll have to come back to it, Chair, or do you want me to try to explain it?

The Chair: If what you're asking is, should you have to have a driver's permit with you-

Mr Bisson: Off the trail.

The Chair: -off the trail, on otherwise public land, as a reference point for a police officer or a warden, I think Mr Beda probably might have-

Mr Beda: I definitely think you should have to have some sort of identification. I'm not sure if I'm fully in favour of the licensing. I have grandchildren who are two and three now and when they've five, six and seven, I expect to have them down on the lake in front of our establishment maybe doing 100-yard loops with a snowmobile and, the way that law is written, they aren't going to be able to do that. That's kind of a tradition for anybody who's been into snowmobiling. So yes, there need to be some amendments there too.

Actually, I would like to know who is representing the Ministry of Tourism here. Would that be you, Mr Spina?

Mr Bisson: You're just about to hear from him.

Mr Beda: May I ask a question of you?

Mr Spina: Yes.

Mr Beda: The question I have is pretty simple. It may seem provocative, but it's not. I don't understand how you can give away exclusively by land tenure something the government has already sold to me, which is my tourism licence. It states that I am a resource-based tourism outfitter who uses a significant amount of crown lands and/or natural resources. It doesn't exclude the snowmobile trails.

Mr Spina: Sorry-it doesn't exclude the snowmobile trails?

Mr Beda: My tourist licence does not exclude snowmobile trails. It's resource-based, so you're giving away free to the OFSC something that you've sold to me already, something that I consider mine; I paid for it.

Mr Spina: Technically, just to answer the question, you're paying a fee to use the system, and in effect, people who use the sanctioned OFSC trail system are also paying a fee. The difference is you're paying it to the government and they're paying it to their snowmobile clubs and their federations. It's under a land use permit system. It's not the same, but it's parallel. That's the answer to that issue.

I wanted to talk about the "right to crown land" issue that you addressed earlier in your comments. I'm happy to talk about that, because under the policy of access to crown land in the province of Ontario, the MNR has been involved in all of the meetings on the drafting of this bill. In fact, we've had 10 different ministries involved in the internal discussions on this bill. If we are going to proceed with mandatory trail permits-and I say "if" because the bill is only in first reading at this point; that's why we're here having public hearings, to hear the issues coming back to us-the MNR wants to make sure that whatever we come out with, it fits within their policy of access to crown land.

The snowmobile federation gets access to crown land under land use permits, so they get issued LUPs for sections of the trail, which permit them to build the trail for their use. Under that right, if you will, they get the right to charge the users of that trail system a fee. The difference is that you get a tourism permit to operate your camp; you pay a fee to the province for use of that crown land. So there is a parallel there.

To tie the two together, which addresses your issue, if I've got three quarters of a mile of trail that was a traditional use and I've got people who are going to be accessing it and you've got people who are going to be accessing your ice fishing camps in the winter or whatever, why should they have to pay the full fee? No argument. Right now the federation, under its own autonomous infrastructure, has exemptions for some traditional users-trappers, loggers, bait fishermen and some of the operators.

What may be tacit permission, in other words a co-operative verbal agreement with your local snowmobile club, really is endorsed by the federation itself. In passing, if we get to the stage where we introduce the mandatory trail permit system, what we want to ensure is that those rights are still and continue to be protected, except you'll be even more protected because now it would not only be set in law, but would be set in regulation.

Did you read the act?

Mr Beda: Yes, I did, and actually I didn't see "traditional user" anywhere in the act. That's why I'm here today.

Mr Spina: Let me refer you to section 9 of the bill. It amends section 26 of the Motorized Snow Vehicles Act. I'm going to paraphrase this, but you'll see it in three different paragraphs in section 9: regulation-making power is provided for authority to create classes of motorized snow vehicles and to exempt such classes from any provision of the act or its regulations; regulations may also be made general or particular and different classes of persons may be identified for exemptions from the act or regulations.

This clause in the bill permits classes of permits to be issued. The one difference that could happen under this system is this: instead of just riding the system, you may have to go and get a sticker for the sled, but you wouldn't be paying a fee for it because it would be an exemption sticker for that limited territory in which you would be using it.

The question I would have is, if your sleds were exempted in the area where you use them for your business, do you think it's fair that if you were beyond that regulated area where you had the exemption, the user would pay the trail fee, normally?

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Mr Beda: Not if they're going ice fishing, because technically some of my guests go as far as about 72 kilometres to reach some of these lakes and they could be riding 40 kilometres of trail. The concern I have is, where you said "different classes of trail"-I would hope that before this becomes law-

Mr Spina: Not different classes of trail; different classes of snow vehicles and different classes of individuals would be identified in regulations.

Mr Beda: That would be fine. However, I would hope that before the bill passes those are defined in the bill, because being a businessman I don't like, "I'll pay you next year," or next whatever. Do you understand what I'm saying?

Mr Spina: Yes, because one of the things we are struggling with here is this: how definite do we become in the bill itself in terms of defining specific users, or can we work with the description in the bill of classes of vehicles versus classes of individuals, and then defining those vehicles and those individuals in the regulatory structure that follows the bill?

Right now, for example, the trail groomers are lumped together with the sleds. Under the current 1972 Motorized Snow Vehicle Act, that means if you drive a motorized snow vehicle, you've got to wear a helmet. Tell me the last time you saw a trail groomer wearing a helmet. Technically, that person driving the tractor is breaking the law because 99.9% of the time-in fact always-they'll be wearing nothing but a baseball cap or maybe a toque. In other words, they're breaking the law under the old act. That's why we're trying to expand it to define classes of vehicles.

We're also looking for your more commercial users: hydro guys in the corridor who are maintaining the lines, there may be municipal employees, TransCanada Pipelines, that kind of stuff. We put loggers and some of the traditional trail users in there. Where we need help from you is how you would recommend-and I don't expect you to answer it now, but if you can put some thoughts together with some of the others; I know the Ontario Federation of Anglers and Hunters is also very keen on this issue. We would be interested in hearing from you how you define an area or an individual so that we can describe that in either the bill or the regulations. That's what we would appreciate your input on.

Mr Beda: Let me say this from a personal standpoint, just as this gentleman over here asked me, "Do you think people would try to snow you by saying they're going ice fishing?" If I were to go trail riding with a group of people, I don't think I would bother or want to be one of the guys flipping the coin to see who's going to pull this trailer to make it look like we're going ice fishing. If I'm going riding, I'm going riding. If there are people who are cheating the system, they will eventually get caught. Certainly the OFSC will get more revenue out of it, but at the same time provide for these traditional users.

I don't think classes of vehicle would work for my operation. I don't rent snowmobiles; I rent cottages. The clientele bring their own snowmobiles. They've got a fishing licence they're carrying with them; they've got a fair amount of gear they're carrying with them. Shebandowan isn't the kind of place where you just drive up with your minnow bucket and your hand auger and your jig pole and walk in; you're taking enough gear to sustain yourself for the day and maybe overnight, should you break down. So it's fairly easy to identify who's actually ice fishing and who's not; who's trapping and who's not; who's prospecting and who's not.

I would hope that, before this bill goes through, there will be some provisions for traditional users, because the public's been kept very much in the dark about this. I got a thank-you letter from you here in April for my comments, and not a single person I talked to this summer who's an outdoorsman was even aware of this stuff going down.

Mr Spina: This thing has been out in the field for six months. The discussion paper was sent out back in January to 150 people. The 150 are people who sit on many boards of various large organizations, whether it's the parks board, cottage associations, whatever, as well as snowmobile organizations. It wasn't a secret document. They had full right to distribute this discussion paper for feedback before we could even begin to consider whether or not the government was going to move forward in this issue at all.

The feedback we got was enough information to motivate us to move forward. That didn't resolve the issues, but once we did begin to move forward, the proposed bill was publicized. I don't know what else we could have done other than put full-page ads in every newspaper in the province. It's the normal way that bills are publicized. It's been on Web sites. That's why we're having the public hearings, Pat.

Mr Beda: I understand. One of the things you could have done is-the government knows where to find us when they send out our snowmobile registration renewals, so they certainly could have found us to send out these proposed changes.

Mr Spina: You want to know the irony of that, Pat? MTO won't release that list. I can tell you that for a fact. They deem that confidential information. But that's a good point; thank you.

Mr Beda: In closing, and it's my own personal view, and I could get into why I feel this way, and I worry that others in the public would feel the same way I do, but I do feel that organized snowmobiling-I won't say the OFSC or Thunder Bay Adventure Trails-do have some public relations things to overcome. There is some negative feedback coming, and there is some stuff on paper that shows why people feel the way they do.

The Chair: Thank you, Mr Beda. You made one comment that I would like to reflect on very briefly, about this winter having problems. I'm not going to suggest, as committee Chair, that around here we have the power to necessarily stop anything or make guarantees, but I'll tell you that, based on past practices, it would be extraordinarily unlikely that anything we do here would be reflected in law in time for this season.

One other thing that I didn't mention at the outset today, just to draw it to people's attention, is that this is only about the fourth or fifth time that we have ever held hearings after first reading of a bill. First reading is really-you just read the title of the act and you table the bill. Traditionally, hearings take place after second reading, and by that point all three parties have basically hardened their positions. One side's right, the other side's wrong, and it's very tough to get the kind of compromises and to genuinely seek input with an open mind.

We have found so far, in the four other bills that have gone through, an extraordinarily different scenario. I mentioned yesterday that Mrs Bountrogianni, who was one of the Liberal members on the Mental Health Act that went through, saw first hand that if we have these sorts of hearings earlier in the process, we can go back and reflect not just once, but twice, on what we've heard. It really does give us an extra kick at the cat.

I've been very encouraged by what we've seen in the first reading process so far. I wouldn't want you to despair that a lack of feedback so far necessarily means one thing or another. We genuinely look forward to hearing suggestions as specific as we can get from people in the course of these hearings. Then we have the time to go back, all of us, and reflect on that and the suggestions we make for amendments before the bill even goes back for second reading debate.

I want you to have perhaps a slightly higher comfort level than you might have had with past government-and not just our government-any government initiatives.

Mr Beda: One of the main reasons I was concerned about what could transpire this winter is because of the number of people in recent months that I've talked to that are unaware, who would be going out there ice fishing this winter and all of a sudden getting a ticket and a confrontation, mainly due to the fact of fishing regulation changes of a year and a half ago. It pitted outfitters in my area against western region outfitters who didn't have to clean their fish holes. I wrote a letter to the government saying, "I hate those guys and I don't even know them." That wasn't right. Within a matter of weeks, from all the complaints they got, they said, "We can't have this in-provincial citizens' fighting," and they made changes. I don't know if you guys have looked at the long-term effects here of what "traditional use" means to us northerners as opposed to down south.

The Chair: I think we're hearing the message loud and clear. I want you to be encouraged by that.

Thank you very much, sincerely, for taking the time to come and share your thoughts with us here.

Mr Beda: Thank you for having me.

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ONTARIO FEDERATION OF ANGLERS AND HUNTERS, ZONE B

The Chair: That takes us to our next presentation, the Ontario Federation of Anglers and Hunters, Zone B.

Good afternoon, and welcome to the committee. We have 20 minutes for your presentation.

Mr Neil Wiens: Good afternoon.

I'd like to thank you for giving me the opportunity to be here in front of you today. This round of public consultation is long overdue concerning these recommended changes to the Motorized Snow Vehicle Act.

Many of the concerns that I will express on behalf of myself and the Ontario Federation of Anglers and Hunters have been echoed by the previous speaker, and I'm sure you will hear it from them in writing. They echo some of the same anxieties that are or will be put forth to you by individuals or organizations representing trappers, prospectors, cottage owners and hunt camp owners. These groups of snowmobile riders have been accessing much of northwestern Ontario-in fact, most of Ontario-for many more years than the Ontario Federation of Snowmobile Clubs has been in existence. Since the inception of the groomed trail program, there have been conflicts between the snowmobile users that cross our frozen crown land in pursuit of the pleasures of trail riding versus recreation and employment.

There are clearly two different classes of users. The group that I represent has been around since the snow machine was offered for sale to the general public. We are the traditional users of the vast network of roads and trails that cover crown land throughout the province. Our snow machine is a tool. We use it to enhance or simplify our access to hunting and fishing areas. We use these machines to access trapping areas, for prospecting and to reach our cottage or camp. The snowmobile is a means to an end. For recreational riders, the snow machine is the end. The pursuit of their enjoyment starts and stops with this motorized transport vehicle. They're different purposes altogether.

When the trail network was initiated, many of the routes chosen for improvements were trails or road networks that had been available to traditional users for years. In fact, many of the traditional users regularly maintained those sections of roads and trails over which they travelled-certainly not to the extent of the Ontario snowmobile clubs, but maintenance just the same. There was no consultation when these traditional trails were taken over for part of the routes that are now managed and groomed by the snowmobile federation clubs. Now these same traditional users are being asked to subsidize a program for which they have no direct need and which is attempting to infringe on the pursuit of the enjoyment of our pastime or livelihood. This was wrong before these proposed changes and it is no less wrong now. You must find a way to continue the currently allowed exemption from the permit system that is in place for traditional users.

I don't currently own a sled. My son has a late-model machine and has owned snow machines for many years. He has indicated to me that to force this extra cost on him will be enough to move him away from snowmobiling. This is a sentiment that I have heard from other anglers and hunters.

At a time when the Ministry of Natural Resources and groups like OFAH are trying to encourage people to take up hunting and fishing, this bill will add to the difficulties we are facing with recruitment drives. Ice fishing and winter hunting are wonderful activities, but the pocketbooks are only so deep and it seems that there is a never-ending flood of regulations that would inhibit the pursuit of these pastimes by making them ever more costly to enjoy. The expense of a trail permit to traverse areas that have always been, in the past, open to our crossing for a purpose other than simply riding the trails is as unwarranted as the need for groomed trails to fulfill the reason we are on the snow in the first place. The very title of the act is a bit of an enigma to me: "to promote snowmobile trail sustainability and enhance safety."

I mentioned earlier that there has been an allowance in place for an exemption from the permit requirement for traditional users who must use part of the Ontario Federation of Snowmobile Clubs trail system in order to reach their destination. I mentioned some conflicts. Overzealous trail wardens can have a detrimental effect on safety. Anglers and hunters are sometimes going to their cottages and they're made to feel like lawbreakers if they're stopped on the trail. This has the potential to make someone push the limits of speed in an effort to cover that part of the trail they must use in the hope that they'll get off the groomed trail before anybody finds them on it.

Parts of many of these trails here in northwestern Ontario were kept open by users who passed through in all seasons: anglers and hunters in the winter on snow machines, and in the summer, on all-terrain vehicles or in conventional trucks and four-wheel drives. They worked at keeping access routes clear of fallen trees and encroaching brush.

As an angler and hunter, I also have a concern about how this act and supporting regulations will be used as a precedent when another special interest group or perhaps even the Ontario Federation of Snowmobile Clubs itself proceeds to declare or obtain ownership of a network of trails and roads across the province through the land use permit process. Will there be the potential of further infringing on traditional crown land use by anglers and hunters and others who access parts of this province on trails and old road networks by way of an all-terrain vehicle during the snowless parts of the year?

As I said before, it's clear we have two entirely different groups who would use the vast network of trails and roads across crown land. They should be treated differently in the regulations pertaining to who should be assessed a fee. Anglers and hunters are not looking to the Ontario Federation of Snowmobile Clubs to subsidize the special purpose account that is used to manage our fish and wildlife. Do not penalize us for wanting to continue to enjoy our favourite pastimes.

The Chair: That leaves us plenty of time for questions. This time the rotation will start with Mr Bisson.

Mr Bisson: Thank you for your presentation. I think you echo what a lot of us in northern Ontario were feeling over the last number of years, that the traditional use we've had for the outdoors, everything from hunting to camping to fishing or whatever activities we have utilizing the outdoors, seems to be falling more and more under some sort of regulatory system. The latest attack now is 21-day camping. God knows you can't go camping in northern Ontario with your camper for more than 21 days without being ticketed. The spring bear hunt has been banned etc. I hear what you're saying, and coming from northeastern Ontario, I tell you, that's the message we're hearing loud and clear over there.

I want to come back to the comment you made, and you echoed the comments of the previous presenter. Do you have any suggestions-not word-wise-to guide this committee about amendments we could make to the act so that it doesn't capture those people who traditionally use the outdoors for those other activities, who are not sledding? Do you have any suggestions? Have you given it any thought? I think there is some support here.

Mr Wiens: Anybody who is using it for a purpose other than sledding is going to have a machineful of equipment that is certainly going to be easily identifiable for purposes other than just joyriding on the trails. You're not going ice fishing without an ice auger in the northwest, because the lakes aren't open; you're not going hunting without a rifle; you're not trapping without some gear with you; you're not prospecting without some gear with you. It doesn't take a rocket scientist to look at what's on the sled and say, "Yes, I know where this person's going."

Mr Bisson: But how do you prevent the situation happening if somebody-I've got a carrier in the back of one of my machines. I throw a knapsack in there with all the paraphernalia to go ice fishing.

Mr Wiens: Are you going to carry a five-foot ice auger in the back of your machine? You're not going to enjoy yourself much. You're going to find that you're not going to use the trail for joyriding if that's what you're going to be carrying.

Mr Bisson: I might use an axe or I'm going to uncover an existing hole or whatever. I'm just trying to figure if there's any thought. I've asked the committee research people to see if they can come up with some language in legal terms, and I'm just hoping somebody has some ideas or suggestions as to how we can get at this issue. From what I'm hearing here from all members of the committee-I can't speak for the government, but certainly we on the opposition side-I don't think we want to see that captured under the act. We have the same concerns as you have.

Mr Wiens: There is an exemption that's provided for those traditional users right now, and it may well have to be expounded on a little bit more. Mr Spina mentioned that there was the potential of issuing permits to people who are using them for reasons other than simply trail riding. I'm not sure whether that is the issue. It's something that groups like the Ontario Federation of Anglers and Hunters, and trappers' and prospectors' associations, may well have to give some thought to and provide some more information to you.

As I say, up here in the north, it's cold enough in the wintertime that chances are you're not going to open a hole with an axe unless you've got an axe with a long handle on it. Most people who are trail riding don't want to be burdened with unnecessary equipment behind them. They are out there to enjoy themselves. They're not going there for another reason.

Mr Bisson: To the Chair of the committee: do we have to put that in the form of a motion?

The Chair: No.

Mr Bisson: It's sufficient, and we'll get the work done. OK.

The Chair: I don't know whether research is particularly the vehicle you want to go through. I think you'll find that yesterday the parliamentary assistant had already made a commitment to ask the ministry to come back with something.

Mr Bisson: I just want to make sure we look at that issue.

The other one is the same question again, and that is, should people have to have a driver's licence or a snowmobile licence to be driving a machine off the trail system?

Mr Wiens: I think that would be a good idea. Snowmobile permits for children who are less than 16 years old and things like that, with snowmobile courses for the safety aspect, are certainly a good idea. I happen to disagree with the portion of the act that says a liquor infraction on a snow machine is going to lead to your driver's licence being restricted, but that's a personal issue.

Mr Bisson: OK, that's it for me. Thank you.

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Mr Spina: There are a couple of things that I wanted to respond to. I reiterate what Gilles was saying and what I said earlier to Pat Beda. You made a bit of a comment in your response to Gilles about how the definition of an exemption or an exempted person should be. Right now, as you know, there are some exemptions and there are some definitions. One of the reasons this section 9 that you heard me read out earlier was actually put into the bill was in response to Rick Morgan's input as a part of our original consultation process.

Mr Wiens: I think it has to be in the bill itself right from the outset, not a regulation that can be changed at some later date.

Mr Spina: OK, that's a fair comment, thank you, but never at any point were we asking that the anglers and hunters be subsidizing the trail system.

Mr Wiens: That's exactly what they would be doing, Mr Spina, if they're forced to pay for a trail permit to use a portion of a trail to access areas where they want to hunt and fish; to use a groomed trail over which they had travelled for many years prior to the network of trails that is being managed by the snowmobile clubs.

Mr Spina: This is where we need your assistance to help us try to define what a traditional user is. Are you suggesting to me-and I'm asking you; I'm not trying to be a smart guy here-that if somebody wants to go fishing, they can get on the trail system and go anywhere in this province and they should have an exemption? Is that what you're suggesting?

Mr Wiens: Very few of the trails are going to exactly access the lakes that people want to go fishing in, but you may have to traverse a portion of that trail to reach a lake that's got some fish in it to go fishing. But at some point you're getting off the trail to go fishing. You're only using it to reach a destination, for a purpose other than joyriding.

Mr Spina: This is what we are asking the federation and all its members and all its delegations, in all of the places that we are going to be having these public hearings, because it's clearly going to be a repetition, worded differently perhaps by individuals. That's fine. We understand that and we welcome that, but what I'm saying is that if you communicate this back, we're happy to hear your concern. Tell us how we can more accurately describe that, if we proceed with mandatory permits at all.

Mr Wiens: What's the time frame that you're looking at?

Mr Spina: You've probably got at least three or four weeks.

Mr Wiens: Thank you.

Mr Spina: I say that because that's likely when we'll get into the discussion of amendments to the bill. That's all I'm saying.

Mr Wiens: The point I'm trying to make, Mr Spina, is that I want to make sure it's clear that there is an issue with traditional users and they have to be taken into consideration. I think you've heard that and you've echoed to me that you've heard that.

Mr Spina: Oh, yes. Section 9 of the bill was actually created in response to those comments. That's what I wanted to assure you of.

Also, I think the last point you mentioned was the fish and wildlife fee fund.

Mr Wiens: The special purpose account.

Mr Spina: That's a protected trust. MNR is at the table with any move that we make on this bill. It is their responsibility not only to protect the crown lands in the traditional way they have been mandated to do in terms of public access to the system, but it is also their responsibility to protect the individual categories of users that they license, and that includes all of you, all of them and anyone else who has a licence.

Mr Wiens: That's what I was driving at there, and perhaps you missed the point. Currently anglers and hunters must purchase an Outdoors Card. We're not asking the snowmobile operators to purchase an Outdoors Card to enjoy the great outdoors. The money from the Outdoors Card goes to the SPA, the special purpose account.

Mr Spina: No argument. I hold one. Anyway, thank you.

Mr Gravelle: Neil, it's good to see you. I think it's important for the committee members to understand that you're representing a large number of people.

Mr Wiens: About 82,000 people at last count.

Mr Gravelle: Exactly. I think that's important. It is a big issue.

The question I have, which actually isn't much different from Mr Spina's, is to try to find some way of defining who would be exempted from actually having to buy a permit if mandatory trail permits go through. What the committee is learning is that the whole issue of the traditional user is extremely important. It's one I've spoken about a great deal in the Legislature over the last six months as well, let alone the fact that I think the cost of the permit may be too high in some areas.

Mr Wiens: I think, Mike, rather than a definition of the traditional user, it's a definition as to what use the snow machine is being put.

Mr Gravelle: How would you define that, then?

Mr Wiens: How do I put it? It's a means to an end rather than an end in itself.

Mr Gravelle: Again, we need to find some way to make this work.

I guess my question ultimately ends up being that there are some who are simply opposed to this legislation. They feel it basically just shouldn't be going forward at all because of what it actually is required to do. And there are some of us who would argue that the government should be providing just straight funding to the snowmobile clubs in terms of the economic return they have, and they shouldn't be expected to get their support through trail permits. I'm sure the government has heard that as well, that there needs to still be pure government support for that.

Could you find a way to define the traditional users of snowmobiles in a manner where you would be prepared to say you could support the goals of the legislation, which are obviously to provide sustainability for the snowmobile federation? It's a funny question.

Mr Wiens: I think there are an awful lot of good things in the bill, don't get me wrong, and I think it's a good idea to promote exactly what it is you're trying to promote, but not at the expense of the traditional users, as I've argued. Yes, I think the support is there, but the exemption has to be clearly in there for the traditional users.

Mr Gravelle: I'll be honest: it's been a very tricky issue for myself as a northern member as well. Certainly I'm sensitive to the needs of the snowmobile federation and have spoken to them, but obviously I've also had contact with a great number of traditional users who are concerned that they're going to be hit when they shouldn't be, and justifiably so. I think the key to this happening is finding that balance and compromise, and it needs to be pretty clear. Finding that clarity is the trick right now.

Mr Wiens: One of the scariest things, when I talk to some of the anglers and hunters who use snow machines to access areas up here, is the promotional material that the clubs have used. I can't speak for how their ads ran down in eastern Ontario or things like that, but last winter when they were trying to promote the snowmobile trails up here, it seemed that it was more by intimidation than anything else. The message is, "Don't get caught on our trails, because we've got 2,500 wardens out there who are going to catch you." That was the message: "Buy a trail permit. If you're on the trail without one, you're dead meat." That's the wrong message. That's poor marketing. As far as I'm concerned, that's not marketing correctly. But again, that's an issue they're going to have to deal with.

Mr Gravelle: That's a very good point, Neil.

Mr Wiens: But what's happened is that it's gotten the anglers and hunters saying, "I don't want to use that trail if I don't have to," and yet they've come and usurped the trail that we built in the first place, because it's going over the best piece of crown land to get from point A to point B. That's where some conflicts come.

Mr Gravelle: Absolutely. The point you made earlier about the negative aspect of the campaign, saying, "We're going to get you"-Mayor Rutherford of Beardmore made that point earlier as well-"You try this out, we'll catch you," was perhaps not the approach to take.

Obviously the fact is that you represent a great number of hunters and fishermen in the province and your point of view has got to be listened to very strongly and we've got to find that way of framing it. As it's been said often here, we are at a very early stage. The Chair made a reference to that. There's an opportunity to make some changes and I hope we are able to do that so that it will satisfy everyone. It will be tough.

The Chair: Thank you, Mr Wiens.

Mr Wiens: I'll leave a copy of this with you, if you care.

The Chair: I would. Thank you very much.

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NORTHWESTERN ONTARIO SPORTSMEN'S ALLIANCE

The Chair: Our next presentation will be from the Northwestern Ontario Sportsmen's Alliance. Good afternoon and welcome to the committee, Mr Hay.

Mr John Hay: Probably some of what you're going to hear from me has been said already by the last two presenters, but that's too bad; you'll have to hear it again I guess.

By way of introduction, my name is John Hay and I'm the public relations director for the Northwestern Ontario Sportsmen's Alliance. One of my jobs is to make presentations to committees like this.

On behalf of the alliance and its members, unfortunately I will be speaking against Bill 101. Our arguments will illustrate that Bill 101 in its present form is discriminatory, exclusionary, morally wrong and actually unprecedented. An arbitrary land claim such as this is probably not legally supportable and possibly an infringement on rights and privileges we already enjoy.

We should be cognizant that this is a land claim by the trail proponents for exclusive rights to certain amounts of crown land. This claim is presently being facilitated by the provincial government. I have some philosophical problems with that; right now I'm not going to get into those. A successful claim on these public lands will empower a private special interest recreation group to charge fees on public land and enable them to levy fines for trespassing on public land. I have a problem with the phrase "trespassing on public land." It seems to be a little bit of an oxymoron to me.

My personal and professional history includes being active in the labour movement. One of the many valuable lessons I learned came from a man called Dr Eric G. Taylor. He's a very astute and well-respected man in labour issues on both sides of the bargaining table. Doc Taylor had some interesting ways of dealing with proposals and whether you should bring something forward. He had three tests for them: is it reasonably practicable, is it morally sound and, finally, is it legally defensible? I am at a loss to see where Bill 101 could pass all three of these tests, if any.

Is it reasonable to allow one segment of the public exclusive rights to use certain crown lands from one end of the province to the other? There is not a lumber or timber company that has the clout to even dare to apply for a land use permit of this magnitude. It's only nine metres wide but it encompasses the whole province and would continue to grow with the expansion of the trails. I believe the unprecedented claim to crown land will be the thin edge of the wedge and we would end up with tollgates to fishing lakes and hunting areas by other groups that would make such claims.

I want to bring to your attention a recent advertisement in yesterday's paper that boasts 24,000 miles of sled trails. A related article in the same publication deals with our local snowmobile club and its contributions and trail maintenance program as a pitch for tourists to use the trails. A selling point is the cost for a non-resident trail permit. If there is something wrong with the newspaper article I took this from, possibly someone could correct me on it, but I'll take the quote out of the paper, "The fee for a permit is $30 but that covers a whole family for a year" to use the snowmobile trails. A family of two riders with two machines would have to pay $300, and the way the legislation is worded now, they would have to pay that $300 to cross the trail once to go fishing, and it may have been on land that they originally cleared or that has been traditionally used. I would challenge any of these committee members to defend that as being reasonable.

Is it reasonable to effectively fence off large tracts of land that cannot be crossed? The trail system is a network now and it effectively fences off crown land that, unless you buy a permit you cannot even cross the trail to get to. The bigger the trail gets, the more extensive the trail gets, the more extensive that exclusion becomes.

As an example, would it be reasonable for a yacht club to claim a body of water exclusively for its members' sole use? Do you consider it reasonable that the yacht club be empowered to fine individuals who previously enjoyed the body of water for swimming or canoeing because they did not belong to the yacht club? Consider a boating club wanting to claim Ontario waters for members only. This is exactly what the bill will do. It will prevent rightful and lawful use of crown land unless you belong to the right club.

I believe the government has erred seriously in bringing forward this piece of legislation as it stands. It is contradictory to some of the principles in this government's Lands for Life process-and I was fortunate enough to sit on one of the round tables-which made it clear that lands would be available to all users. During some of these deliberations with Lands for Life in the round tables, special interest groups lobbied very hard to get some exclusive privilege or exclusive right to the resources. These proposals were not accepted by the round tables, as borne out in the recommendations to the minister and further evidenced in the ensuing Living Legacy document.

I believe it would be morally corrupt for the government to proceed with this bill. The government made a commitment to all the citizens and they must live up the spirit and the letter of that commitment. I hope it's not the same type of commitment that we received from the Ministry of Natural Resources. I had a letter from Mr Snobelen dated 30 days before the end of the spring bear hunt that the bear hunt was going to be there for good.

The mandatory trail permit is a money grab. I won't mince words on that. They do need the money. There are reasons and there are costs involved, and I appreciate those. But more than once the provincial government has bemoaned the federal government's gun legislation as a cash cow. The only subtle difference is that instead of the funds going directly to the government, they will subsidize an exclusive small segment of the population.

Is it morally correct to allow one group of recreational users exclusive domain over portions of crown land? Is it morally correct to force individuals to purchase trail permits in case their outdoor activity may cause them to cross a club's trail? To the best of my knowledge, these trails use some existing roads that were there for many years at no additional cost to the users. This was before the advent of organized snowmobile clubs. I believe snowmobilers would be vehemently opposed to the addition of $150 to each permit to go to the SPA to enhance my hunting and fishing.

Restricting access flies in face of the Living Legacy with its many references to terms like "for all to enjoy." I didn't read any caveats in the Living Legacy that said "if you're affluent enough and belong to the right club."

This is forced association, hence the term "mandatory." We have a Charter of Rights and Freedoms in this country that guarantees certain rights and privileges. All of the learned committee members, who are probably more constitutionally aware than I am, would agree that you should have freedom of association without penalty or loss. Additionally, I say, you should have the freedom not to associate without penalty or loss. Clearly there would be a loss in northwestern Ontario, especially for not belonging to the snowmobile club and paying the fee.

The provincial government routinely challenges the federal government's gun control legislation. I do not see a lot of difference between the two bills. Both have a mandatory component, both are a money grab with no cap, both call for the loss of a previous right and privilege for non-participation or a significant fine, and for all intents and purposes, especially with the questions I've heard, it's practically unenforceable.

I mentioned previously the publications that said there are 24,000 miles of trail between Kenora and Sudbury. I take offence to the radio ads last winter that threatened that 2,500 wardens would get us for being on the trail without a permit. Since most of the trail up here would be public or crown land, and it took 2,500 to patrol the trail as it was, how many more trail wardens would they need to patrol the other 90% of the trails up in this part of the world? Again, unenforceable.

I believe this is a flawed piece of legislation as it stands. The legislation, for lack of a better word-up here we have had some problems with not being represented or consulted-is bankrupt of any true consultation. At this point, because we're here, this is just comment. Consultation should have been before the bill came out. A lot of these problems may have been resolved; a lot of these questions may have been resolved. There were a lot of groups which would have liked to have had a better chance and, yes, a full-page ad might be necessary.

I'll make reference to Doc Taylor again. If he was here, he would say simply, "Don't put the bill forward," as he would any proposal in our labour relations. If it doesn't meet the three tests, we don't put the proposal forward.

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I must ask in the strongest terms that you drop or amend this bill significantly, and do it immediately. The government has a moral obligation from previous commitments on the use of public lands not to go forward.

I offer our organization's participation in any meaningful dialogue and true consultation on this and any issue dealing with the use of our natural resources to solve some of the problems that we've had so far.

I would like to thank you again, Mr Chairman and members of the committee, for allowing myself and my organization to appear. I am quite prepared and willing to answer any questions or respond to any comments you have.

The Chair: Thank you. That gives us about two and a half minutes per caucus for questioning. This time we'll start with the government benches.

Mrs Julia Munro (York North): Thank you very much for coming here today to provide us with your ideas. I just wondered if you were here to hear the presenter ahead of you.

Mr Hay: I've been here since the beginning.

Mrs Munro: What I wanted to ask you was, would you support the definition that he used in identifying traditional users? He talked about the fact that the critical issue in his view in that area of definition was those who use the trails as an end in themselves-that is, recreational-as opposed to those who would use a trail as a means to doing something else. I just wondered if you would agree with that kind of distinction in users.

Mr Hay: That question has been asked probably three or four times of different speakers since I've been here. I have a problem in that it seems there is a predetermined end to this bill that, "Yes, we're going to have mandatory trail permits, so how do we define a certain user?" I have a real good suggestion. I think it's an excellent suggestion to solve the problems and solve the identifying of a user and all these things, and it only takes one word: drop the word "mandatory."

Mrs Munro: So you're suggesting, then, that you would-

Mr Hay: I'm suggesting that we go right to the root of the problem. Instead of trying to paint and name and number, you don't have that problem if it's not mandatory.

Mrs Munro: Thank you.

Mr Gravelle: John, you're taking a very strong position on this and a very clear one, which is helpful. How strong do you think the support is for the position you're taking? Do you think that if things go forward, for example, and there aren't sufficient amendments, people will actually ignore this legislation? What do you think the possibilities are? One, how much support do you have for what you're saying? How many people are you representing, in a way? Do you think people will ignore it unless there are some very significant amendments?

Mr Hay: Our membership in the sportsmen's alliance is over 1,000 and it's all northwestern Ontario members. We poll our members, we talk to our members and we have quite a good dialogue, and all the feedback I've gotten from this is, "This stinks." Whether it would be challenged or someone is going to just up and drive down the trail and hope they get stopped, I don't know. People get their backs up around here when they're pushed into a corner. I wouldn't recommend that anybody do that, but if someone was fined for crossing a trail to go to his trapline or crossing a trail to go to his camp or crossing a trail to go fishing or even marginally using the trail, I think our organization would have to seriously consider supporting this individual legally. If it went through as it stands now, we would seriously have to consider supporting any court challenge.

Mr Gravelle: If I may, one more question, Mr Chair. I presume, like everybody else who's got some concerns about this legislation-and we certainly have heard a fairly consistent theme, although yours may be the strongest today-you're sensitive to the needs of the snowmobile clubs themselves, though, that there's a need for some kind of financing. Is there a solution? Obviously they need some support to continue to do what they're doing. Do you see a solution to that? When you're talking in terms of a court challenge, that's if there aren't significant amendments or if people are put in a position where they're-

Mr Hay: Correct. The last thing I think any of the organizations, mine or the federation of snowmobile clubs, has got is any money to go to court. In being sued, the lawyers get all the benefit; there is absolutely no benefit to us. Somebody might win on principle. That would be the only thing.

Mr Gravelle: These clubs are in a bind; they need money.

Mr Hay: The best solution is to have the government involved. The province itself benefits from the work that these volunteers do and the province benefits from the trails, and the municipalities benefit from the trails. All levels of government and all stakeholders that benefit should be part of this. I think the provincial government should be funding a lot of what the trails people need and find a formula that's fair to the smaller groups, the smaller clubs, so that they can get some funding and get the trails maintained.

Mr Gravelle: Yes, that's certainly my feeling as well.

Mr Bisson: Actually, you've been quite clear; I have no questions.

The Chair: Thank you, Mr Hay. We appreciate your taking the time to come before us here today.

NORTH OF SUPERIOR SNOWMOBILE ASSOCIATION

The Chair: That takes us to our next presentation, which is North of Superior Snowmobile Association. Good afternoon and welcome to the committee. We have 20 minutes for your presentation.

Ms Nancy Tulloch: Thank you very much for having me here today on behalf of the snowmobile association. My name is Nancy Tulloch.

NOSSA, or the North of Superior Snowmobile Association, is a newly formed organization set up by the volunteer snowmobile clubs of district 16. These clubs recognized the need to further develop their relationship with one another and consequently formed the association. The mission statement of NOSSA reads, "NOSSA by its collective resources of leadership, expertise and partnerships is dedicated to market, support and assist the community-based snowmobile clubs in their efforts to attain sustainable, reliable and safe snowmobile trails in a professional manner throughout the Ontario Federation of Snowmobile Clubs-district 16." The clubs represented by NOSSA span from Thunder Bay through to White River, including the highways 11 and 17 corridors.

On behalf of NOSSA, I am here to speak in favour of Bill 101, keeping in mind that four main components must be met in order to make mandatory permits successful. These components are: final authority needs to be granted to the OFSC, especially in regard to permit revenue; OFSC mandatory permits must be an absolute and enforceable requirement on all OFSC trails; we recognize the need to provide reasonable accommodation for traditional access on crown land; and OFSC-trained wardens must have the authority under the Motorized Snow Vehicles Act to enforce mandatory permits.

Volunteers are the backbone of this organization that provides higher quality of life for residents in northern Ontario. Volunteers see to all aspects of organized snowmobile development, starting with trails, to ongoing upgrading, administrative roles, groomer operating, maintenance, work permits, land use permits, insurance and so much more.

It is time to reward these hard-working people with a mandatory OFSC permit to show that their hard work hasn't gone unnoticed and to ensure that all riders taking advantage of OFSC groomed trails be required to have an OFSC permit and thus pay their portion to ensure the trails are maintained for local and touring riders.

What is required of volunteers? Long hours that many times go unnoticed or unappreciated. The volunteer club of the Lake Superior Family Snow Goers, based out of the communities of Schreiber and Terrace Bay, recently upgraded a portion of trail to bypass a swamp. The base cost of the project was over $10,000. The money which came from trail permit sales, local club fundraising and the Northern Ontario Heritage Fund Corp doesn't depict the reality. Volunteer hours were necessary.

A project priority list had to be developed. A project budget had to be designed. A construction company had to be contacted and scheduled. An MNR work permit had to be obtained. A volunteer had to go and flag a new route through the bush. Volunteers had to schedule other volunteers to work shifts in the bush. Volunteers were necessary to oversee the work of the contractors to ensure that the trail was being developed as per the permit and the wishes of the club. A volunteer was required to report in to the owner of the construction company to provide hours of work. A volunteer was required to pay the contractor. If the volunteer hours are broken down to $20 per hour, the actual project total would be in the neighbourhood of $16,000, and this is just to reroute one portion of trail. Volunteers were the ones to generate funds to pay the contractor, but that is not enough. It is also necessary to have them volunteer even more time because, in reality, their fundraising efforts and the trail permit sales do not bring in enough money. OFSC mandatory permits are needed.

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For years, various governments and agencies have attempted to promote the snowmobile trail system. There were 96 non-resident full-season, 91 seven-day and 49 one-day permits purchased in this district alone last season. All these permits were sold to residents of the United States, who assumed that the trails in all of Ontario were up to a certain standard. The volunteers are willing to do the trail work, but it is unreasonable for them to fully support the system when it's others who have the most to gain.

A few volunteers may see tourism as increased traffic on already overworked trails, but most volunteers look at snowmobile tourism in a different light. They believe tourism will aid in the support of communities in need and that tourism provides them with the opportunity to showcase the trails they have spent hundreds, if not thousands, of hours dedicated to. In order to have a product that we can be proud to market, OFSC mandatory permits are necessary, if not critical, to organized snowmobiling, especially within the boundaries of northern Ontario.

With OFSC mandatory permits, if 1,000 more permits are purchased by local residents through district 16, the revenue to the local clubs would amount to approximately $100,000. This money could then be leveraged to provide dollars to see to trail upgrades and development and eventually to fully market the trail system. This marketing could provide us with added permit revenue from the over 700,000 registered machines in the US Midwest. Assuming this is the case and we attract another 1,000 permit sales equaling approximately $100,000, it would at least provide volunteers with the knowledge that some funds are available to make their product what they really want it to be.

There is a shortfall in the user-pay system. One reason is that at the present time we cannot warden on all OFSC trails, making it nearly impossible to enforce permits. Land use permits are seldom granted for crown land, and you can be assured that the residents of northern communities know where these areas are and are constantly riding there, much to the chagrin of the dedicated and hard-working volunteers. The government itself should want to put a stop to this, as in the past government dollars have been spent on promoting a set of tourism trails that are not fully up to potential, caused in part because residents and non-residents alike have opted not to purchase an OFSC trail permit but have continued to ride on OFSC trails.

Mandatory permits need to remain in the hands of the OFSC, with the participation of the government. Snowmobile clubs are asking for a way to ensure that all snowmobile trail recreational users pay equally for the system.

Volunteers of snowmobile clubs do so for the betterment of their local club and community. If the government insists that mandatory permits be in their hands, volunteers would not retain this sense. How many people do you know of today who volunteer to upgrade highways and maintain government equipment?

Would landowners be as apt to provide land use permits to the government as they are to local snowmobile clubs? The threat of expropriation would be a strong one, which is probably unwarranted, but landowner fears must be addressed. I would imagine this is a can of worms that is better left untouched.

Snowmobile clubs require a new source of funding to continue to operate tourism and recreational trails. One way to do this is by the provincial government fully supporting Bill 101, with the understanding that the legislation must provide the commitment of an OFSC mandatory permit.

We recognize that accommodation must be made for traditional access on crown land, but then the question arises, who and what is a traditional user? Will every member of a community come forward wanting this status? I don't believe so. Many anglers and hunters see the benefit of groomed snowmobile trails to carry out their recreational activity and will buy a permit in support of such. Those who only use the trail network in limited areas and have used this portion of trail for years should be provided that access with a special permit outlining their parameters. This permit would not allow them total access to all the trails in Ontario, but access to the traditional ones they have used and will continue to use.

In another case, cottagers have in the past made their own trails to access camps. These trails in many areas have grown and developed and snowmobile club volunteers are now grooming and maintaining them. Should these cottagers be made to buy a full permit to travel only a portion of groomed trails to their camp? No. Again, they should be provided with a limited travel permit, allowing them to access their camps but not providing them with full access to the entire trail system.

Limited access permits should be determined by the local snowmobile clubs. In many cases in northern Ontario, the club volunteers already know where John Smith's trapline is or where Jane Smith has her camp and how she accesses it. The snowmobile clubs are the most knowledgeable as to where the snowmobile trails actually are in relation to lakes, rivers, camps, cottages and such.

The snowmobile clubs in District 16 believe in the importance of working together with the previously defined traditional users. Many of these are permit-purchasing members of local clubs and hard-working volunteers as well.

The only difference between the system we have in place now and a system with mandatory OFSC permits is the fact that proper enforcement would be made possible. Living in a northern community myself, it would be necessary for the police, STOP officers, conservation officers and OFSC-trained wardens to be able to enforce the proposed legislation.

In the northern districts, police officers do not have the equipment at their disposal to fully enforce the trail system. We provide our officers with vehicles to attend to our city and municipal streets and highways, and in order to enforce the trails they would need to have snow machines. This added cost to taxpayers could be avoided, as OFSC wardens are ready and willing to take on the task at hand to ensure OFSC permits are affixed to all snow machines on OFSC trails. The legal issues, including registration, insurance and impaired driving, would still be in the hands of the police but the legality of having a trail permit could be monitored and should be monitored by OFSC wardens.

It seems that the communities that are surrounded by the most crown land and have the smallest population centres from which to draw permit revenue are the ones that have the hardest task of enforcing permits. The time has come for all parties to work together for the betterment of snowmobiling quality of life and tourism.

In conclusion, for 30 years snowmobile trails have been developed, built and maintained by volunteers. These volunteers recognize the enjoyment their time and dedication has brought to their fellow community members and families. As community-oriented individuals, they also understand the benefit to their community businesses that benefit directly from snowmobiling. Motels, gas stations and snowmobile dealerships all see the direct economic impact, especially in a season where many of these establishments have a hard time to get by.

Communities also see the benefit. It is hard, in many northern communities, to keep a business going throughout the winter, yet many community members depend on these local businesses for employment and the necessities of life. Organized snowmobiling goes hand in hand with the development of strong communities. Now is the time for the provincial government to recognize this and provide the volunteers with Bill 101, including the component of OFSC mandatory permits.

Once again, I thank you very much for the opportunity to speak today. I'll address any questions.

The Chair: That leaves us about two and a half minutes per caucus. This time we'll start with the Liberals.

Mr Gravelle: Thank you very much, Ms Tulloch. It's really a good illustration, I think, of what the volunteers actually do. Your example of the Lake Superior Family Snow Goers is a perfect example of some of the things you do in terms of building the bypass around the swamp, and it has to be done. It's important and it helps out everybody. It's very clear that you obviously are supportive of the mandatory trail permits, for the reason that you want to have some kind of funding.

I appreciate very much, and I think everybody does, your efforts to try and deal with the traditional users issue. It seems that you have come up with an idea in your presentation, which is, in essence, they could be administered by the local club. I'm not sure you're 100% going that far in saying it, but it seems to me that you came pretty close. Because you know the area and the people, that might be a way of finding a legitimate way of doing this. That's the question we've been coming to all the time: how do you find a way to fairly do it? Do you think that is the way it could be done?

Ms Tulloch: I think that is the route that probably has to be taken. The discussion previous to my presentation talking about, if they have the equipment with them obviously they're going fishing or prospecting or whatever-that's an awful burden to put on a police officer, for them to have to try to make that judgment call as to, are they going or aren't they? You're going to run into more difficulty. They're going to be laying fines and then you're going to have these people going to court, trying to fight them in court. Is that really necessary if we can find a way to administer a non-fee permit through a local snowmobile club or a district office and have it done through that route?

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Mrs McLeod: Just to follow that up, given the fact that there's already some tension between traditional users and snowmobilers, would you have some concerns that there might be a fair bit of conflict in snowmobile clubs actually administering it, given the fact that the snowmobile clubs need some money, they need to issue many permits, so the traditional users might think it's not in the interests of the snowmobile club to give too many exemptions and there could be a fair bit of conflict around that?

Ms Tulloch: I imagine there probably would be and maybe another route to take would be having the snowmobile clubs and municipal representatives form a committee to see to this. I do believe that in the area I live in, which is Schreiber, our traditional users, trappers etc, work very well with the snowmobile clubs, so I don't see that we'd have the same problems as maybe other areas.

Mrs McLeod: You all have to live together on Monday morning.

Ms Tulloch: It's a small community and we can't be at each other all the time.

Mrs McLeod: I guess the other question I would have is, I have some awareness of how often dangerous a conservation officer's work is and I'm a bit concerned about the suggestion that OFSC-trained wardens would be the enforcement officers. I guess you're assuming paid people, not volunteers, at that point, but even then is it not asking a fair bit of people who might not be in the position that conservation officers are to deal with conflict situations in the bush?

Ms Tulloch: Honestly, I don't think so. From a personal standpoint, I'd be more than happy to go out and volunteer my time to warden the trails without any fear of what would happen. Generally, people aren't out there to cause problems. If conflict did arise, there would be training in place that you'd know what to do, how to do it and when to leave the scene. The wardens would not be there to enforce anything but the permits, so I don't think the conflict would necessarily be as strong, as long as there was good publicity of the fact that you have to have a permit on these trails.

Mr Bisson: I like your suggestion in regard to a non-fee permit, that the traditional users would have to apply in order to utilize the trails. That seems to work and you're able to administer that a little bit easier. I think that's a good suggestion the committee can work with.

The other issue, I guess, to ask is-there are two parts to this question-do you see this legislation actually creating a whole bunch more revenue, other than increasing the trail permit cost to me, the snowmobiler? Do you really see this leading to more money in the coffers, and if so, what do you estimate it is? Because I already go out and get my permits and I'm just wondering, what are we going to end up with at the end, as clubs?

Ms Tulloch: There is going to be added revenue that will come in from mandatory permits. What the total amount is I really couldn't tell you. Not only would it be from local riders, but non-resident riders. I don't know how many are out there riding without permits at this time.

Mr Bisson: That was my next question: Do we have a sense of that? Do we have a sense of how many people are utilizing the trails and don't purchase permits? Is it 10%, 20%, 30%?

Ms Tulloch: Sorry, I can't answer that.

Mr Bisson: I've got a request. I'm a two-machine person, but I'm the only rider in my family. The other machine is for a friend or somebody who shows up from out of town on a weekend. It's my old machine that I never bothered getting rid of. A lot of us, around campfires and other establishments, will sometimes talk about this issue of having a tiered system of permits for that kind of situation, not where my wife and I are both avid snowmobilers and we both pay our tickets and maybe, rightly or wrongly, we pay the same price. But for those types of situations where you keep a second machine for occasional use, are you contemplating or would you contemplate some sort of amendment that would allow that to happen?

Ms Tulloch: Personally I wouldn't. One snowmobile is going to do as much damage to a trail as another. Whether you're using it on an occasional basis or not, that's your choice.

Mr Bisson: But you know what I'm getting at. You have two machines-a short-track and a long-track. For different reasons you want to use different machines, and you have to pay two trail permits, even though you only use one.

Ms Tulloch: But what happens in the case where you've got a family that's saying the same thing, yet they've got both snowmobiles out on the trail on a continual basis? To try to monitor that, I think, would be a nightmare.

Mr Bisson: I take it your answer is no.

Ms Tulloch: No.

Mr Bisson: We're just going to have to work on this issue for my reasons. Thanks a lot.

Mrs Munro: Thank you very much for coming here today to give us your views.

One of the continuing questions through the presentations that we've heard is the issue of use as a defining issue in terms of a permit. I certainly like the suggestion you have provided in having a permit that allows for a different kind of use.

But I guess my question, first of all, is: Would you see that as a good definition, that the end the snowmobile is being used for should be a way of defining the categories?

If I can just help you, you've talked about the need for traditional users. You've implied by that that you recognize there are people who use the trails for specific uses. All I'm asking is, would you use that definition of "end"-is it recreational or is it a specific use?

Ms Tulloch: I guess that depends on the way we look at traditional users. Are they historical traditional users, or if I buy a new camp that I have to access by a groomed snowmobile trail, do I now become a traditional user?

Mrs Munro: That's exactly why I asked the question.

Ms Tulloch: That's going to be very difficult. We have a cottage ourselves, and we have more than one route to get there. But if I choose to take the trail, should I be required to buy a permit? That is very difficult to answer.

Personally, I feel that they should be required to buy a permit. Traditional users-we're talking trappers, prospectors, who have had those lines for a number of years-should be provided access. I don't know exactly how all that works, but I'd hate to see numerous people go out and get traplines or prospecting licences just so they don't have to purchase trail permits. I honestly can't see it happening, but I guess the possibility is there.

"Traditional use" is still a real stumbling block, and I can't honestly give you a perfect answer.

Mrs Munro: I do appreciate the complexity of the issue, and that's why I asked. I think you'll know from the previous discussions we've had in explaining the fact that this has only had first reading and it is the purpose of this process here to get that kind of feedback from you. I think it is a question that there needs to be some understanding, particularly the kind of example you provided. If that has been a traditional use, ie getting to a cottage or camp, does that mean a new person has a different, or the same, opportunity? I think we need to hear from you-plural-on responses to those kinds of issues.

The Chair: Thank you very much for taking the time to come before us today. We certainly appreciate your comments.

THUNDER BAY ADVENTURE TRAILS

The Chair: That takes us to the Thunder Bay Adventure Trails presentation. Good afternoon and welcome to the committee.

Mr Brett Rushton: Thank you for the opportunity to speak today. I welcome you to Thunder Bay and district 16 of the OFSC.

My name is Brett Rushton and I am marketing director for Thunder Bay Adventure Trails, as well as operations director for district 16 of the OFSC, which runs from White River to Thunder Bay. I also sit on the OFSC trails committee, as well as being an OFSC driver-trainer. But mostly, I just love to snowmobile. I average between 4,000 and 5,000 miles a year riding on the trails.

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When all is said and done, I'm a volunteer. Last year I volunteered between 1,700 and 1,800 hours, between snowmobiling, air search and rescue, Canada Trust's Friends of the Environment committee and in my own community. This type of involvement is not uncommon among snowmobiler volunteers. We do it because we love this sport of snowmobiling and we usually volunteer in our other interests also.

I stared snowmobiling in 1977, and in 1984 I bought my first permit. It was an OTBA trail permit, which was the Ontario Trail Builders Alliance, and rode in the Muskokas. By 1987 I was asking questions like, "Who is paid to cut the trails and make them smooth?" I was astonished to find out volunteers did it. I got so much enjoyment out of snowmobiling I decided it was time to do my part. It started with brushing and signage and within a few years I was on the board of the local club. In 1995 I got a job transfer, by choice, to Thunder Bay and it did not take long to become involved at the local club.

I have snowmobiled all over Ontario, at least 10,000 miles though Quebec and across Canada as part of Rendezvous '98 ride, so believe me when I say I know the mindset of the touring snowmobiler.

Thunder Bay Adventure Trails snowmobile club has 2,000 members and grooms over 750 kilometres of trails. District 16 has nine clubs, approximately 4,000 members and grooms about 2,800 kilometres of trail. District 16 is the largest district in the OFSC. The OFSC has 281 clubs, 115,000 members and grooms approximately 49,000 kilometres of snowmobile trails.

You may ask, who is the OFSC? I will tell you: it is 281 local snowmobile clubs and their members and we make the decisions of our own destiny. Our mandate is to build and maintain organized, safe and environmentally friendly snowmobile trails. We have built, and groom, some 49,000 kilometres of trails. We, the OFSC, have been in business for 34 years. In 1989 we amalgamated with the OTBA to form one organization and one voice for snowmobiling in Ontario.

We have built this sport into a billion-dollar industry in Ontario on the backs of volunteers. Yes, there are some paid people in the sport, but the majority of the work is done by volunteers. Last year, 73 Thunder Bay Adventure Trails volunteers logged 7,000 volunteer hours. Of that, 20 people logged over 5,200 hours. The same scenario happens all over the province, so when I tell you that volunteer burnout is a serious problem, you can see why. Our most precious assets are our volunteers and our landowners.

We also appreciate the businesses that support us. Our revenue is based on the user-pay system, which means every person who rides our trails should buy an OFSC permit. Last year we, the OFSC, took in approximately $13.8 million in permit sales, but this covers only about 50% of the cost of building, maintaining and grooming the snowmobile trials. Volunteers must make up this shortfall with their labour, resources and fundraising at club and OFSC level.

The problem is only compounded in underpopulated areas with even more limited volunteers and resources. This must somehow be reduced so as not to break the backbone of this industry: our volunteers.

What does "mandatory permits" mean to the OFSC? It simply means that anyone riding groomed OFSC trails must have a permit. It has been misunderstood that it is every registered sled in the province; this is not what we want.

We, the OFSC, have asked the government for their help, to make OFSC mandatory permits enforceable, even on crown land. We support an OFSC mandatory permit but the final authority of handling and revenues must remain with the OFSC. OFSC mandatory permits must be an absolute, and easily enforceable on OFSC trails.

However, we do recognize that reasonable accommodation must be made for traditional users on crown land. Trained OFSC trail wardens must have the authority under the Motorized Snow Vehicles Act to enforce mandatory OFSC permits. Another way the government might help is to give up a portion of the revenue from the snowmobile registration fee, as they do in Quebec.

Impacts of tourism: First, I would like to thank Thunder Bay Tourism for its help over the years, not only in Thunder Bay but in our district. We appreciate that they can see the big picture. We know the impact of tourism is great. Wawa says the impact last year was $3 million and I understand it was $20 million in Timmins. One needs only to ride the trails in Muskoka on a weekend to see the impact, where some businesses are busier in winter than they are in summer.

The purpose of a snowmobile club is to groom and maintain trails for its permit buyers, most of whom are local. We realize that touring snowmobilers are a great benefit to the businesses, but not all the businesses contribute to the local club. So tourism can be a two-edged sword.

The effects of tourism on snowmobiling are twofold. OFSC permit sales are based on "Buy where you ride," but when a person from Muskoka comes up to Marathon to ride because of lack of snow, overcrowded trails or just for different scenery, the majority of the permit dollars remain in Muskoka where they bought the permit, which puts a big strain on the small resources of the Marathon club.

Someone from another snowmobile club brings in very little revenue to the local club. They bring good dollars to the businesses along the way. I know for a fact, based on a 200-mile day, the touring rider must spend between $180 and $200 a day. The constants are accommodation, food, fuel and oil and the fact that a snowmobiler brings little else with them other than a wallet. An out-of-province rider offers a permit sale to the local club as well as the $180 to $200 a day to the businesses. If the districts share their out-of-province permit sales, all clubs can win.

The north shore of Superior's main market lies south of the border, where there are approximately 800,000 registered sleds in Michigan, Wisconsin and Minnesota. Many of these people have complimented us on our safe signage, good grooming and uncrowded trails. We have an awesome product in northern Ontario: our vast wilderness. It is quite possible to see moose, deer, lynx, mink, wolves, owls, eagles and hawks along our trail system.

The economic impact has not reached its full potential in this area due to the lack of a proper border crossing to and from the United States in Minnesota. One problem lies in the municipality of Neebing, where I happen to reside. They have passed a bylaw banning organized snowmobile trails within the municipality, thus preventing us from reaching the international border crossing at Pigeon River.

The other problem lies at Gunflint Lake, the Canada-US remote border crossing southwest of Thunder Bay. Currently it is only legal to cross into Canada with a remote border crossing permit. We are desperately trying to get a telephone reporting system in, such as the one at Lake of the Woods. We would certainly appreciate any help the provincial government could offer.

The current and past governments have invested approximately $24 million in snowmobiling, but these dollars were at 50 cents, meaning the clubs had to match the money to get it. This was done in many cases with operational dollars and has severely strained most of the clubs. My own club had to turn back $200,000 this year because we couldn't come up with the matching dollars. We are one of the larger clubs in the province with over 750 kilometres of trail to groom and we have had to lay off both our paid employees. This puts a greater strain on the volunteers.

Some of the expenses we ran into: a grooming tractor and drag, $150,000-our club owns three; a 300-foot-plus bridge over the Pic River near Marathon, which we plan to build this year, $600,000.

With the province downloading many operations, why take on the administering of permits? Please leave this up to those that have been doing so for 34 years. I hope you can read the emotion in my voice for this great sport of snowmobiling.

I leave with several points to consider: the final authority on all matters and processes relating to OFSC mandatory permits must remain with the OFSC, especially the use of permit revenues; the OFSC mandatory permit must be absolute and easily enforceable; we must recognize the accommodation for traditional access on crown land; and trained OFSC trail wardens must have the authority under the MSVA to enforce mandatory OFSC permits.

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These are some notes I've made along the way in your questions. The permit price, currently at $120 for the early bird and $150 for the regular season permit, is cheap. Unless we see more dollars and not just this mandatory permit-this will bring in some more dollars, but there needs to be some operational dollars to keep that price as cheap as it is. As for a family membership-I know Gilles mentioned a family membership-I sit on the trails committee and we review this year in and year out. We would love to do so. We don't have the resources to be able to do it at this time.

As an organization ourselves, the OFSC trails committee, under the direction of the board of governors of the OFSC, has been looking into reworking the trail matrix. The trail matrix is how we designate dollars from the permit dollars that each club receives. We have three factors that make this work. We take the total kilometres of a club, their permit sales and the season length. We must have checks in place with a trail audit-we've done it this winter-and groomer logs so the data is 100%. That's how we determine what monies the clubs receive. We hope at next year's convention to unveil the new matrix with these checks in place.

As far as tourists from the United States coming into Ontario snowmobiling, I've spoken to many of these tourists on the trail and at US shows. They are quite astonished when you first hit them with a $120 permit, but when you explain to them exactly what that goes to-and we don't receive any gas tax or revenue from registration, which most of those states do-they really don't have a problem with that $120. Most of them are quite pleased with what they see when they get up here.

In Minnesota, I have had a lot of dealings with the past president of MnUSA, which is the Minnesota United Snowmobile Association. They currently get gas tax and some registration money. But on their money there are strings attached, and the government tells them how they can spend that money, which is very difficult. With an organization such as the OFSC, which has been around for 34 years, we know where the money needs to be spent.

I thank you for your time and welcome any questions.

The Chair: We have time for a very brief question from each caucus. This time it will start with Mr Bisson.

Mr Bisson: My question is very simple. Should we have looked at, rather than doing it on the permit side, mandatory permits, going to revenue streams by way of fuel tax and registration fees, or should it have been a combination of them both? I'm just curious.

Mr Rushton: In my opinion, a combination of both.

Mr Dunlop: Thank you very much, Brett, for that very comprehensive report. I've got a bit of a conflict on snowmobiling. I have a son who is something like yourself. He's really into the volunteering, although I think this group of young guys, the volunteers just south of Muskoka, do it because they love to build bridges and bulldoze trails, out all summer and that type of thing.

One of the things I was curious about, when you talk about the economic benefits of the snowmobile industry, is why you don't include things such as the actual construction of snowmobiles, the manufacturing of trailers and trucks. The guys I see snowmobiling who are hauling snowmobiles up to Kapuskasing are spending a lot of money in the industry as far as their trailers, their trucks, and the money they spend year after year on basically brand-new equipment, almost on a yearly basis. I'm interested if you have any comments on that.

Mr Rushton: I agree with you. The reason it's not in there is time. I could have spoken since 1 o'clock on snowmobiling. Yes, I agree with you, there's a huge impact. A billion dollars in Ontario probably doesn't touch upon everything, for sure.

Mrs Bountrogianni: Thank you for your presentation. My question is, what advice would you give the government, and if you haven't got the answer right now, what is the government thinking with respect to solving the problem of the Muskoka example? You buy your permit in Muskoka but you use the lands up here for snow trailing and the money remains in Muskoka. Do you have advice for the government on how to administer that? If not, which is fair at this point, what discussions have taken place on the government side to end this unfair distribution?

Mr Rushton: As I said, with this trail matrix, we are addressing part of that right now, but I definitely would say we could use some more operational dollars to help out the other areas in the province. The small communities are in a tough bind, the Beardmores and the Longlacs. It's a tough go when you don't have much money or many businesses that could contribute. We're very lucky in Thunder Bay that way. There's a huge volunteer base of businesses.

Mrs Bountrogianni: May I extend that question to the government for a very small answer? Have you had discussions on this at any level on the distribution of the fees if this passes into law?

Mr Spina: Yes. If I may, Mr Chair, one of the elements of the discussion is that if the province is going to have the final say in the setting of the fee structure, then it also wants the accountability to be clear right back to the minister, as opposed to just within the federation. Their current structure now is quite comprehensive and fairly complex. They assign a point system, as was described yesterday-in fact, I think you alluded to it today, Brett-of categories of clubs in terms of need and then they redistribute their funds. This is just a simple way of describing it. They redistribute the funds according to the need on that point system. It's fairly complex. We haven't gotten into it that deeply as government ministry people, but clearly what we want to see is that if we get into mandatory permits at all and the minister is responsible for the fee, then we want to ensure that there is an equalization formula there that will benefit the smaller clubs.

The Chair: Thank you very much for taking the time to come before us and making a presentation today.

TOM QUINTON

The Chair: That takes us to our final presentation of the afternoon, Mr Tom Quinton. Good afternoon and welcome to the committee.

Mr Tom Quinton: Always leave the best to the last. You will also be pleased, because I think it's going to be the shortest presentation.

My name is Tom Quinton. I'm just making a brief presentation in as a volunteer and, may I also add, as a traditional user for the last 30 years.

About seven years ago, while traveling by snowmobile to my cottage north of Schreiber, I experienced something that has profoundly affected my life ever since. For the first time, I was sledding on a 16-foot-wide groomed trail. For 25 years previous to this, I had been snowmobiling on small, local bush trails normally infested with monstrous moguls, which confined me to my local area. I immediately went out and purchased an OFSC trail permit. I was astounded by what I came across. Not only were the trails now groomed, but many new trails were built. Then I came across the bridges. At this time I realized that I must get involved to keep this system functioning.

I've been a volunteer all my life in many organizations. Little did I know at this time to what extent I would become involved over the years with organized snowmobiling. Since 1993 I have served my local club in many executive positions, as well as spending hundreds of hours preparing and grooming the trails in our area. At present I sit on the board of the OFSC as governor for district 16. I'm still a full-time volunteer and I hope to continue in this role

I commend the government for bringing forth Bill 101. I fully support the changes reflected in all the safety matters of the bill. My only concern in regard to enforcement is the fact that a trail warden should be able to enforce the trail permit, as do police and conservation officers.

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My main concern with Bill 101 rests with subsection 2.1(5), where it states: "The minister may give authority to any person to issue trail permits and ... may authorize and fix the fee to be retained by the person." The OFSC has fixed the fee and issued trail permits for about 20 years and must continue to do so. As an OFSC volunteer, I find it totally unacceptable that our permit, which has been the backbone of organized snowmobiling in the province, could be totally controlled by the government or given to another user group. We have, and must continue to have, an OFSC-controlled permit. I'm sure that I speak for thousands of volunteers in our 281 clubs that if the day comes that we don't control our permit, then we as volunteers will simply walk away.

Our system has been built by volunteers and sustained by them. Please give us the tools to build and sustain the best snowmobile trail system in the world. Yes, we need mandatory permits; however, the issuance, fee and enforcement must be largely controlled by us, the OFSC volunteers.

I thank all those responsible for allowing me the time to submit this oral presentation.

The Chair: That certainly allows us time for a question from each caucus, starting with the government.

Mr Spina: Mr Quinton, I'm just trying to make sure I clearly understand what you're saying here. You want mandatory permits but you don't want the government to control how they're set, how they're implemented and how they're enforced?

Mr Quinton: Not totally. The key word there is "totally." When I first read that clause, "The minister may give authority to any person to issue trail permits," I shuddered, because that's taking away what we have been doing for the past 34 years. We did not ask for that; we asked for some sort of sustainability. Yes, the OFSC and the government have to work together on this, and I understand that the final judgment perhaps has to come from the minister. But I'm very concerned that what can be read into that is that our trails could be given out to some private groups for personal gain.

Mr Spina: Tell me what difference this may or may not make if the whole mandatory permit section of the bill was deleted in terms of legislation but it was-clearly the federation has the authority now within its own constitution. Essentially, you have a mandatory trail permit system now; it's just not enshrined in legislation. If that was removed and Bill 101 went forward as strictly a safety and enforcement bill, would that make a difference?

Mr Quinton: Would that make a difference to what?

Mr Spina: To achieving what the federation would like to see achieved.

Mr Quinton: No, not totally. As a federation and as a club and as a governor, I'm still in favour of mandatory permits. But if we, as the OFSC, must have control over those mandatory permits in terms of initially stating what the fee will be and where the funds will be disbursed, if the mandatory section is taken out of this bill, would the bill be a total disaster? No. I fully support, and I haven't heard anybody speak against, the safety parts of the bill. I fully support that.

Mr Gravelle: Tom, it's been great that you're making your presentation this afternoon. Especially because you are the last presenter, I want to even explore some other aspects of funding.

Certainly it's very clear that, like all snowmobile clubs or districts, you need the funding in order to continue to do what you want to do, which I presume is in essence why you're supportive of trail permits, particularly mandatory trail permits, as a means of having some guaranteed revenue.

I was watching when Brett was making his presentation recently too in terms of the government's 50-50 funding. I recall being very involved in the fact that when there were 50-cent dollars available to snowmobile clubs it was really difficult for smaller organizations to access that because you had to raise the dollar in order to make a dollar. So there were real problems, the point being that you need to have some kind of guaranteed revenue.

Is it fair to say that we should be looking perhaps at other ways of gathering revenue? There are other jurisdictions where a certain percentage of gas tax, for example, goes towards this process. There is something that the province of Quebec does-a portion of their permit fee. Is that something that we should be discussing as well? There's no question that today the controversy has been, how do you enforce the mandatory trail fees, and who should be using them and who shouldn't be accessing them? So I thought we'd use this opportunity to get your thoughts on that. Should we be looking at other ways of providing funding to the snowmobile clubs that do all this extraordinary amount of work?

Mr Quinton: Yes, we should, and I think that has been addressed by past speakers in support of that. But if I could go back to the first part of your question, you mentioned about "mandatory." I like to interpret "mandatory" as being fair: If you travel the trails and if you use the trails, then you should pay for the trails. I understand the traditional user. I'm a traditional user. I have been a traditional user for years. I helped build the trails initially. But the trails are much different today than what they were 20 years ago.

Mr Gravelle: It's part of what you said, I guess. Yes.

Mr Quinton: It's the OFSC members who mainly support and keep those trails in good travelling condition.

I hear by the deliberations today and I've heard for years in regard to traditional users, most traditional users are permit buyers. They support what we do. The traditional users are the backbone of a lot of our clubs. With any club there are a few freeloaders. I feel very strongly that freeloaders should be forced to pay by mandatory permits.

Our trail system has been built by hydro roads, some logging roads, not many, along the north shore of Lake Superior. But most of the trail system was built by our club. We had to connect all these different areas. It's interesting to note that whenever we make a change on a trail to go around a swamp, to fix a rough spot, the traditional user I've never known to go on his traditional trails; he always uses the new trail. I have a problem with that, but I understand the traditional use and I know there has to be a lot of discussion around some of those issues.

Mr Gravelle: You're supportive then of what Nancy Tulloch was saying earlier too-

Mr Quinton: Very much so.

Mr Gravelle: -which was that the local organization, which knows the people, would have a much better chance of being able to find a solution to the problem in terms of the people who are truly traditional users. There would be less likelihood of abuse or whatever if it was managed on that local or regional level.

Mr Quinton: That certainly works in small towns. I cannot speak for, say, a large area like thunder Bay, a large club, because between downtown Thunder Bay and downtown Shebandowan you've quite a distance and I'm sure you're going to have some differences of opinion.

Mr Gravelle: I still maintain that the government should be finding some way of having a portion of the fees going back to the club, simply on the basis that it's clear that this is an extraordinary economic boom for the province. We know it's great in terms of the tourism industry, and I don't think it should be left simply as something that's there for the mandatory permits to actually be the total funder for the process.

The Chair: Mr Bisson?

Mr Bisson: I have no questions, other than a business matter, because they have already been raised by the other caucuses.

The Chair: Thank you very much, Mr Quinton. I appreciate your bringing your personal and governorship perspectives before us here today.

Mr Quinton: Mainly personal.

Mrs McLeod: May I ask a very quick question? I know you're packing up to get to the airport. I apologize, because when local members sub in, we go over ground sometimes that's already been gone over, but I just need personal clarification. I think Mr Spina said that under current regulations a mandatory trail permit is required for both residents and non-residents?

Mr Spina: Current regulation of the OFSC. It's within the OFSC.

Mrs McLeod: But not under provincial legislation.

Mr Spina: No, it's not a provincial, it's an OFSC-

Mrs McLeod: So it's an expectation of the clubs, as opposed to a requirement by provincial regs.

Mr Bisson: Chair, as you know, tomorrow I'm not going to be able to be in Timmins for the hearings in my own community. Unfortunately, my travel date has been moved up. As you know, I'm travelling to Edmonton on other parliamentary business on behalf of my constituents and my travel date has been changed by your minister to a day earlier. So it makes it impossible.

I'd like to present the committee with this letter that you can read tomorrow, and I stand you on guard on record. You will read the letter when you arrive in Timmins tomorrow, as I'm not able to do that. It's the first time that's ever happened.

The Chair: You get more flies with honey than vinegar. I take it you're asking me to read that letter tomorrow.

Mr Bisson: I am asking, but I want it on record.

The Chair: I would be pleased to accede to a request to do that.

Is there any other committee business? If there's not, thank you to all those who made presentations today and to those who just came to watch the proceedings. I'd certainly invite any follow-up comments, questions, suggestions from anyone in the audience or elsewhere in the community. We've got a few weeks before we go back to Queen's Park and do the clause-by-clause consideration and we certainly appreciate all the views that have been expressed here today.

The committee stands adjourned until tomorrow in Timmins.

The committee adjourned at 1611.