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13 minutes ago, zoso said:

drinking in public is legal in ontario in many spots

I had never heard of this in Ontario. What are some of the spots where its legal?

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On 12/2/2022 at 11:11 PM, Yamatario said:

Sorry but it is an extreme sport and true athletes don't drink when  participating in a competition. I want to make it home and don't need to meet a sledder coming around a corner that is not in full control.  Save your drink or smoke till you get in to your lodging for the night. 

Never  realized l was competing in a extreme sport . That changes everything l better start stimulating with Red Bull or some Monsters trail side . 

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1 hour ago, zoso said:

Public beaches, parks, etc.

I did some Google research. Toronto talked about legal drinking in parks last spring but put the decision off for a year. I could find no information on any public beaches or parks in Ontario that have legal drinking allowed.

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On 12/5/2022 at 8:39 PM, PISTON LAKE CRUISER said:

I did some Google research. Toronto talked about legal drinking in parks last spring but put the decision off for a year. I could find no information on any public beaches or parks in Ontario that have legal drinking allowed.

Provincial parks do. The province basically left it up to municipalities. Unorganized townships are ok to drink in public. However being drunk in public is still on offence. 

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17 minutes ago, zoso said:

Provincial parks do. The province basically left it up to municipalities. Unorganized townships are ok to drink in public. However being drunk in public is still on offence. 

Pretty certain that you can only have alcohol in Provincial Parks on your registered campsite. Google it and see what you find.

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1 hour ago, zoso said:

Provincial parks do. The province basically left it up to municipalities. Unorganized townships are ok to drink in public. However being drunk in public is still on offence. 

 

1 hour ago, PISTON LAKE CRUISER said:

Pretty certain that you can only have alcohol in Provincial Parks on your registered campsite. Google it and see what you find.

Yes, provincial parks allow drinking at campsites only, that is it - caught anywhere else and possible fine.

You can carry drinks from site to site as long as it is not opened.....or in a container that no one knows what is inside of course.

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Ok, so what is the definition of "Public", as in, drinking in "Public"?

 

Most trails are on Private Property and the trail system is private in that, you must buy a trail permit to access. Its not open to the public.

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10 hours ago, Blackstar said:

Ok, so what is the definition of "Public", as in, drinking in "Public"?

 

Most trails are on Private Property and the trail system is private in that, you must buy a trail permit to access. Its not open to the public.

Yep you are correct Tim but all the rules of the road are also in effect on any OFSC trails I believe. Here's a definition from the criminal code:

 

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

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30 minutes ago, PISTON LAKE CRUISER said:

Yep you are correct Tim but all the rules of the road are also in effect on any OFSC trails I believe. Here's a definition from the criminal code:

 

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

 

its not private if two or more people access the road, conveyance, trail etc for any reason.

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34 minutes ago, UsedtoSkidoo said:

 

its not private if two or more people access the road, conveyance, trail etc for any reason.

If that is the case, does putting up the first sign which is a no trespassing sign on each side of the road crossings or at trail entry points make it private again? 

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5 hours ago, PISTON LAKE CRUISER said:

If that is the case, does putting up the first sign which is a no trespassing sign on each side of the road crossings or at trail entry points make it private again? 

No it does not. 

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6 hours ago, UsedtoSkidoo said:

 

its not private if two or more people access the road, conveyance, trail etc for any reason.

 

6 hours ago, PISTON LAKE CRUISER said:

Yep you are correct Tim but all the rules of the road are also in effect on any OFSC trails I believe. Here's a definition from the criminal code:

 

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. 

I think you are misinterpreting the definition of a public place.  The MSVA specifically states that 

Trail permit required

2.1 (1) No person shall drive a motorized snow vehicle upon a prescribed trail except under the authority of, and in accordance with, a trail permit for the motorized snow vehicle issued under subsection (2) or except on lands occupied by the owner of the motorized snow vehicle.  2000, c. 30, s. 3.

 

This negates the definition of public place as there is no right or invitation, express or implied, to the location. A trail permit is required to access a prescribed trail. That’s why the No Trespassing sign is required at each entry point to private property. 

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Thanks BP. That explains the snowmobile trail but I am still confused by UTS's comment "its not private if two or more people access the road, conveyance, trail etc for any reason."

I have a friend who owns a cottage on a signed "private" road along lake Huron along with approx. 15 other cottage owners. They all share in the costs of maintaining the road and it is signed as being private. UTS.s comment would seem to mean it is not private as well more than 2 people use it however when I Google the definition of a private road in Ontario, the responses indicate my friend's road meets the definition.  Is it a public place on a private road ?? What am I missing?

 

 

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2 minutes ago, PISTON LAKE CRUISER said:

Thanks BP. That explains the snowmobile trail but I am still confused by UTS's comment "its not private if two or more people access the road, conveyance, trail etc for any reason."

I have a friend who owns a cottage on a signed "private" road along lake Huron along with approx. 15 other cottage owners. They all share in the costs of maintaining the road and it is signed as being private. UTS.s comment would seem to mean it is not private as well more than 2 people use it however when I Google the definition of a private road in Ontario, the responses indicate my friend's road meets the definition.  Is it a public place on a private road ?? What am I missing?

 

 

I think the key is “signed”. If it’s not posted as private there is an argument that the invitation to access the road is implied since it looks like any other road. Once it’s posted private you remove the implied invitation. 
 

 

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To be a  private road system you would have to inhibit access by the general public with a gated system or some sort of security Once a road or trail is available to one or more persons it becomes for all intents and purposes a public conveyance. Now that has no bearing on who maintains the road but for the purposes of law, the public can access a road, trail driveway that is used for one or more people for travel. A sign is merely symbolic and not a revocation of rights since the trespasser can argue around that in many ways. 

 

When it is your property and you have one driveway that is private, public or police cannot access unless permission is granted. Put up a gate. Doenst matter if its open and inoperable.

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1 hour ago, UsedtoSkidoo said:

To be a  private road system you would have to inhibit access by the general public with a gated system or some sort of security Once a road or trail is available to one or more persons it becomes for all intents and purposes a public conveyance. Now that has no bearing on who maintains the road but for the purposes of law, the public can access a road, trail driveway that is used for one or more people for travel. A sign is merely symbolic and not a revocation of rights since the trespasser can argue around that in many ways. 

 

When it is your property and you have one driveway that is private, public or police cannot access unless permission is granted. Put up a gate. Doenst matter if its open and inoperable.

Thank  you for explaining your comment.

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Is it OK to drink a Molson in my driveway?

 

I think y'all need to git a hobby....

 

.

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23 minutes ago, Ox said:

Is it OK to drink a Molson in my driveway?

 

I think y'all need to git a hobby....

 

.

Got one. All we need is snow!

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Any advertising that shows snow and  a sled - even a ski-doo :) - is positive and promotes the activity.  Really enjoying the Yamaha ads, general in nature, showing all their outdoor products. Aerial of the Yamaha sleds is awesome. 

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On 12/12/2022 at 8:09 AM, PISTON LAKE CRUISER said:

Yep you are correct Tim but all the rules of the road are also in effect on any OFSC trails I believe. Here's a definition from the criminal code:

 

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

Rules of the road are HTA.

Sleds fall under MSVA ( could state HTA applies ) but then no tickets or fines transfer over, so not sure.

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30 minutes ago, Spiderman said:

Rules of the road are HTA.

Sleds fall under MSVA ( could state HTA applies ) but then no tickets or fines transfer over, so not sure.

thanks for correcting me on that. Speeding tickets on the trail don't cross over but HTA would apply at road crossings I would think.  Interestingly, a quick look at the MSVA shows nothing regarding Impaired driving so does the HTA apply on the trail for that charge?  

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17 minutes ago, PISTON LAKE CRUISER said:

thanks for correcting me on that. Speeding tickets on the trail don't cross over but HTA would apply at road crossings I would think.  Interestingly, a quick look at the MSVA shows nothing regarding Impaired driving so does the HTA apply on the trail for that charge?  

Unless the MSVA states it does - or vice versa - then no.

With that in mind, I would say there is wording there somewhere.

 

My father got a failing to stop for a stop sign ticket In Kearney - at a road crossing - never crossed over or showed on an abstract.

Not sure where the lines blur/meet if at all.

 

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On 12/15/2022 at 1:52 PM, PISTON LAKE CRUISER said:

thanks for correcting me on that. Speeding tickets on the trail don't cross over but HTA would apply at road crossings I would think.  Interestingly, a quick look at the MSVA shows nothing regarding Impaired driving so does the HTA apply on the trail for that charge?  

Impaired driving is described and charged as a criminal act. Totally separate from HTA and MSVA. 

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