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WIHTBY FREE PRESS, WEDNESDAY, NO\WMBER 5, 1980,ý PAGE 17 Report from q Queen 's Park ~ÂJ. By GEORGE ASFIE. MPP NI PC-DURHAM WEST) Fal isl a time when many Ontarians take te the woods and countryside te enjoy the splendor of the turnlng leaves. Hiklng la parks and from roadstops, nature lovera of ten uninten- tionafly trespass on farm property* In order that both farmers and hikers know their rlghts and obligations under the law, the Attorney General, of Ontario bas publlshed a pamphlet "Property Protection and Outdoor Opportunities. " Last year, the provincial government teok a close look at laws governing trespass and the liabiity of landowners la the event of accident or injury occuring on their property. Since 1834, aur province bas bad laws governing petty trespass but since then new demanda on land as a recreational resource bave made old laws làeffective. The result of this ex amination was a reform of provincial laws dealing wth petty trespass and occupiers' liability. Two companlon pieces of legislatlon, The Trespass te Property Act and the %Occuplera' Llablllty Act, were .latroduced la the provincial parliament la 197 and bave since been made law. Both acts bave changed the legal relatlonshlp between an oc- cuplèr of land and tbose who enter their land. By reforming -Ontario's petty trespass laws, your gaver- nment designed legialation tbat would strengthen the control of occupiers over their land whlle facilltating recreational ac- cmsste this land, where the occupler permits. Under thenew act, it is an offence to enter private property, te engage la a prohlbited activity, or nat te leave the premises when dlrected. The burden of proff rests on the defendant la each cas and conviction can result la a fine of up to $1,000. Mll promises under this new act, lacluding school sites, are protected. Included la the definition of promises are shlps and vessels, bodies of water, trailers and portable structures as well as railway cars, vehicles and aircraits not in operation. ELECTJM CAE WHITBY HYDRO ELECTRIC COMMISSION New tresp ass laW in effeet For non-paying entrants to rural land, such as hikers, the new land requires that they be self-reliant for their safety and accept conditions as they find them. The owner of the premises cannot be held responsible for accidents or the In- jury of a non-paying entrant. This law covers golf courses when not open for playing, utillty right-of-ways, private roads and unopened road allowances. It is the aim or our governinent to open the land of our province to the safe recreational use of as many of its citizens as possible. These two new laws will, by reducing occupier liability for accident and by provlding for the strict definition of wbat activities are permitted on rural land, help to meet this objective. In the final analysis, however, it is simple courtesy and respect for the rights of others that solves problems of land trespass. If you intend to hike through th e countryside this fal or cross country si this winter, make sure you are ini permit- ted areas. Copies * of the attorney-general's pamphlet are ava~iable at a number of public places, such as post offices or supermarket community noteboards, or from my constituen- cy office In Ajax (683-6707)., Entry is prohlbited without notice ta any land under cultivation, sucb as gardens, fields and woodlots, or te, premnises enclosed in such a. manner as to prevent entry. Land-occupiers can give notice of the type of activity' allowed on their premises by signs, or by a new colour graphlc system. Any premises wlth red markers posted means entry prohlbited. Those wlth yellow markers mean that certain ac- tivitlis are allowed on the land, but It is the entrant's respon-' sibillty to discover from the occupier, by conservation or from signs, what those activities are. With the lncreasing popularity of outdoor sparts, the Trespass to Property Act gives a legal base te graphlc signs prahlbiting or permitting activity. Permitted activity is represented wlthin a green circle. Prohibited activity bas a red lime across it. Under the new Occupiers' Liabllity Act, an occupier of a premise is required te take reasonable steps to ensure the safety of those entering the premises and property brought on- te the premises. In every case, the situation wlU be judged on its individual merit - the only standard being applied is what a reasonable person would do la similar circumatances. Elect JOHN GO ODWIIN On the -basis of record and past performance John Goodwin should be one of your choices for RE GIONAL COU NCULLOR WHITBY