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Third
Session, 46th General Assembly 59
Elizabeth II, 2010 |
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AN ACT TO PROVIDE
LIABILITY PROTECTION ON PORTIONS OF PEDESTRIAN TRAILS |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE TERRY FRENCH Minister of Tourism, Culture and Recreation |
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Ordered
to be printed by the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would provide liability protection to the Crown and to owners or occupiers of land whose property forms a part of a trail that is designated under the Act. The minister would be given authority to make regulations to establish criteria and set out the subject areas for which the minister may set standards that shall be complied with before a trail can be designated under this Act. |
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A AN ACT TO PROVIDE LIABILITY PROTECTION ON PORTIONS OF PEDESTRIAN TRAILS Analysis 1. Short title 2. Definitions 3. Designation of a trail 4. User liability 5. Regulations Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Pedestrian Trails Liability Protection Act. Definitions 2. In this Act (a) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (b) "owner or occupier" includes the holder
of an easement or the owner of a right of way or licence, including a Crown
easement or Crown licence issued under the Lands
Act, over land which may form a part of the trail, but does not include an
association, group or other body who built or who maintain the trail; and (c) "trail" means a trail designated by regulations made under this Act. Designation of a trail 3. A
trail that meets the prescribed criteria may be designated by regulation to be
a trail to which this Act applies. User liability 4. (1) A
person using a trail voluntarily assumes all risk, as against the Crown, that
may be encountered on the trail when using the trail, whether the person is on the
trail or not. (2) An owner or occupier of land that forms a part of
a trail, including the Crown, together with his or her agents, employees and
servants, does not owe a duty of care to a person who is using the trail or
that person's property whether that person is on the trail or not. (3) Notwithstanding subsection (2), the owner or occupier of land that forms a part of a trail owes a duty of care to persons using the trail not to create a danger with the deliberate intent of doing harm or damage to the person or the person's property. Regulations 5. The minister may make regulations (a) designating a trail; (b) establishing criteria and prescribing those subject
areas with respect to which the minister may set standards that must be
complied with for a trail to be designated under this Act; (c) describing a trail using the licence to occupy number assigned under the Lands Act by the minister appointed under the Executive Council Act to administer that Act, or by some other method; (d) defining a word that
is not already defined in this Act for the purpose of this Act; and (e) generally, to give effect to the purpose of this Act. ŠEarl G. Tucker, Queen's Printer |