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Fair enough for the misunderstanding.. I'm very familar with both pieces of legislation and how it is applied. Ontario's snowmobile trail permit is not an OFSC fee for service, it's an MTO license product. Despite similarities in trail products, it's the fee structure which would differentiate the OFSC from an organization like Haliburton Forest. Depending on the court and the case, the Forest may have a challenging time defending the "reasonably safe" requirement within 3 (1) of the OLA. There is a reason why fee based downhill ski hills have safety cushions around ski lift towers and trees whereas OFSC trails don't. I'm just pointing out that it would be a sad day if that duty of care was ever applied to snowmobile trails. I'll crawl back into my cave again. Thanks for the discussion. -
Set it up to have a short rate cancellation fee commensurate with the pricing. -
Maybe I misunderstood what you were trying to say? Not for profit are Tax designations. I am familiar with the OLA - front to back, side to side. For on-trail tort related actions, the MSVA and OLA will be the leading Acts looked upon. There are circumstances where other Acts could come into play, but that would be a court/lawyer argument, and would be on a case to case basis. The MTO issuing a val tag does not change this. When invitees are involved ( business as an example ), naturally that standard is considered higher than the layman occupier, but the governing law is "reasonable/prudent" - the court decides what those are, case by case with guidance from previous cases, always up for argument, always up for debate, but often the "minimum" standard is identified. Now, would the court hold the Haliburton Forest to the same standards as the OFSC? My guess is no - but that would a good case argument, which could be out there already.
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We have a subscription payment already in place. However at no cost to the OFSC. We already pay for our permit on line via our credit card. You have the choice to pay the entire amount off or pay an amount over whatever time is comfortable with you. With the easy of on line banking; set-up post dated payments. -
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