Champion Country, Tue' Section 20 of Line Fences Act key for farmers Ontario's Line Fences Act contains details of vital importance to land owners, particularlv tanner'. tOI-A> keeps a close eye on the ail. 11oRi! toring compliance and any efforts to mod- ify the details it contains. A recent article in Municipal Wortd, a magazine for and about different aspects of municipal govemment, suggests "Section 20 of Ontario's Line Fences Act needs to change." That's the section that sets out the responsibilities for fencing former railway rights-of-way in Ontario. Wording in Section 20 states: "If a for- mer raitway right-of-way is acquired by a non-abutting landowner, then that person, Crown agency or municipality, as welt as whoever acquires it fromn them, is solety responsibte for constructing, keeping up and repairing the fences atong the former railway right-of-way." Recent court cases have uphetd Section 20, making municipalities stitIl 100 per cent responsibte for these fences. This probably accounts for the Municipar World article suggesting "Section 20 of t>i'ýtario's Line Fences Act needs to change." The OFA, working in concert with local interests, ptayed a rote in gaining the court decision that upholds the act as it's written. For Ontario farmers, that section of the act is criticat, especiatly for those who own land that abuts these abandoned railway rights-of-way. These strips of property are ideal for traits used by the general public seeking recreationat areas. On a regular basis, the use of adjoining farmtands is assumed to be inctuded in the !ri ýi 11(1 . itioiit cortanily iiîîiîntîîned oise.I Fari mirs aeii iiillci esicin pllayiîn the rote nf thc cordial host when il means damage to crops and livestock escapes. They want a secure fence between their property and the traits, and they need to know its fot their responsibility 10 build such fences. In October 2002, a Divisional Court rut- ing made it clear when it stated the word- ing of Section 20 of the act is "precise and unambiguous" and that "the municipatity is hiable for the entire cost of fencing when fencing is sought by the abutting landown- ers." 'he author of the Municipal World arti- cIe, Michael Graves, is director of corpo- rate services and cterk for the Town of Tiltsonburg. Tittsonburg along with Bayham Township became owners of an abandoned railway right-of-way in the carly 1990s. When the abuting landown- ers requested fences along the proposed recreationat trait, the municipatities refuscd to pay, teading to the landowners taking the issue to the courts for resolution. The OFA worked with the farm property owners to defend their interests at that time, and continues ils resolve t0 see Section 20 of the Line Fences Act remain unchanged and enforced. It protects a basic right of farmers to have security for their properties. and leaves it to the "non-abut- ting property owner who acquired the right-of-way" to provide that fencing. OPA Paul itl Commentary The Municipal World article suggests abutting property owners- usually faim- ers - should be expected to pay a share of the cost of such fencing when it's request- ed. From a purely farmers gain nothii propertv. An iovesi Seconomic standpoint, ing but security for their tment in fencing1(1 sep- Ilin, ien la-i IIýIaiid y eld'. ,îb'.ol lCly [Io economic retum. The OFA supports Section 20 of the Line Fences Act and witl continue att necessary efforts to keep it enforced across the province and unchanged. Paul Mistele is a member of the Ontario Federation of Agriculture executive com- mittec. )day, July 13, 2004-17 4'The business that considers itself r immune to the necessity dû tL , i lii19î sooner or later finds itself immune to business." Derby Btown C- Md r mcla tw oe for The Salvation Army Summer Food Drive Spirit of S ha ringe Three Ways That Von Can Q Help Your Community 'Tiirougli 'IIfe United 'J4ay of Mditon 1. Designate Your Payroll Deductions to Milton If you give to the United Way at your office or workplace, it is your right to designate your dollars back to your home community of Milton. Each United Way is self-funded. The United Way of Milton will benefit from your donations, only if you designate. 2 Become a Leader of the Way Those donors who give over $ 1000 in a year-through one-time, monthly or payroll deduction giving -are Leaders of the United Way. Your gift will be directed toward targeted community issues, making an immediate, and long-term difference, in the lives of Miltonians. Leadership Giving Levels Benefactor $25,000 - $49999 Builder $10,000. $24,999 Patron $5,000 - $9,999 Sponsor $2,OOO - $4,999 Leader $1,000 - $1,999 3. Support the United Way of Milton Legacy Fund The Legacy Fund is the United Way of Milton's endowment fund, in which your gift will be permanently invested for the benefit of the community. Donations to the Legacy Fund qualify for charitable donation credits (up to 40% of the value of donation) provided by the Federal and Provincial Governments. A gift to the Legacy Fund is an opportunity for you to give back to your community and hellp continue the United Way's tradition of caring for the sake of generations to corne. Want more details, cali or write to us! The United Way of Milton - Neighbours Helping Neighbours How can you help? I you work oulside of Milon and donate by payroll deduction - please designale your donation "home" la The Unied Way of Mton. eMake a direct donation e Attend a Unied Way of Milton Special Event Tel: 905> 875-2550 Fax: (905) 875-2402 URI: www.milton.uritedway.ça E-mail: off ice@milton.uflhtedway.ca You can drop your donation off at the Milton Malt, A & P Loblaws, Canadian Champion or local fire hall. OR if you would like to make a cash donation, ask your Loblaws cashier for a $ 10.00 Donation Coupon. OR Mail your donation to the Salvation Army 100 Nipissing Rd.. Unit 3, Milton, Ontario L9T 5B2 This will allow local food programs to purchase food as needed. Suggested F'oods to Donate (items currently needed) Peanut Butter - 500g or I1kg size Cereals Crackers Canned Fruit Spaghetti Noodes Amy non-penishable food items are welcome & appreciated. ,y- ---.q 1 Il: