By Mike Baker
Dysart et al council has signed off on a memorandum of understanding that will allow the Haliburton County Snowmobile Association (HCSA) to operate on the local trail this winter season, providing the organization comes to a separate agreement with the principal landowners along the site.
In what turned out to be a hearty debate amongst council members, a recorded vote saw a majority of the municipality’s elected officials approve the HCSA’s request to amend an existing agreement that will, essentially, transfer a portion of the off-season liability from the snowmobile club to the town should an accident occur. Ward 4 Coun. John Smith was the sole vote against the request.
He pointed to issues that Dysart’s legal counsel and insurance provider had with the wording of the new agreement as the main reason he voted to turn the application down.
“I’m not trying to prohibit snowmobiling, but as our solicitor has pointed out, and as our insurance company has pointed out, these proposed changes put forth by the Ontario Federation of Snowmobile Clubs, (and presented by local associations), are transferring risk from snowmobiling clubs to municipalities. That is liability from snowmobilers onto taxpayers,” Coun. Smith said.
He continued, “For us to proceed with this when our solicitor has written us a letter, and our insurance company have written a letter expressing their concerns over the agreement, and for us to adopt our own casual interpretation of those risks … It’s a concern, for me, that we would appear to dismiss these risks so casually.”
Earlier in the meeting, Jeff Iles, Dysart’s director of planning and land information, informed council that the town’s lawyer said it was “not inherently a negative thing” that the snowmobile association was looking to limit its responsibility in the event an injury or damages occur during the late spring, summer and early months of fall, when there’s no snow on the ground.
Mayor Andrea Roberts said she understands completely why the snowmobile club would want to initiate such a change.
“Why would the snowmobile club want to be responsible if somebody is trespassing on property, or a tree falls, or somebody is hiking on (the trail). I see why they’re asking for this change,” Mayor Roberts said.
Coun. Smith did not concur with the mayor’s opinion, pointing to other municipalities and organizations, such as the United Counties of Prescott and Russell, and the Grand River Conservation Authority, who have refused to sign off on their own snowmobile club’s requests.
“I remain supportive of snowmobiling in general, but to take these risks on behalf of our taxpayers in the face of professional advice to the contrary… We’re being too casual about this. We need to better understand the potential consequences of putting in place an agreement like this prior to passing the motion that is before us.”
While council voted in favour of the new agreement, they did include a clause that staff will continue to consult with legal representation and their insurance company on this file moving forward. It was suggested, by Ward 2 Coun. Larry Clarke, that the municipality simply up their liability coverage with their insurer to cover any potential lawsuit.
“It may cost us a few extra dollars, but snowmobile associations bring huge amounts of business to this community, which is so important for our economic health,” Coun. Clarke stated.
Although Dysart council signed off on the agreement, the HCSA will still need to negotiate an agreement with Fleming College before its members can use the trail. Should council, at a future date, decide it wants to go back on this agreement, it will need to provide 60 days written notice to both the HCSA and Fleming College.
