Grand River Conservation Area trails will be off limits to snowmobilers this winter after a problem arose with the annual agreements area snowmobile clubs sign with the GRCA.
Clubs from three different districts of the Ontario Federation of Snowmobile Clubs (OFSC) sign agreements with the GRCA allowing them to use its trails for a small fee. Those include roughly 200 kilometres of trail in District 9, which includes Wellington County.
This year those agreements were not renewed after the district governing districts of the OFSC realized there was a gap in what the snowmobile clubs' insurance policies covered and what the agreement with the GRCA covered.
In a nutshell, there was a gap, leaving the snowmobile clubs liable for non-snowmobilers on the trails, said District 9 president Karen Buratynski.
"People have tried to portray it as an insurance issue. It really is an issue in the agreement that the club has signed in the past with the Grand River Conservation Authority," Buratynski said.
"What we discovered this year was that there was a clause in the agreements (with the GRCA) that actually had the clubs guarantee the safety not only of the snowmobilers that use the trail, but of all users that use that GRCA trail in the winter," she said.
"Our agreement would cover the GRCA for all of the walkers, snowshoers, equestrians ... anybody that was on that trail. And our policy covers snowmobilers. Incidents related to snowmobilers."
She said the association approached the GRCA in late September and asked it to amend the agreements so that the GRCA, not the snowmobile clubs, covered other users of the trails.
The GRCA essentially said there was a process involved in addressing such a request.
The GRCA offered to renew the agreements as they existed, but the snowmobile clubs declined because of the liability it would have left them with, Buratynski said.
She added that the individual clubs have been out finding new landowners where trails could be established, specifically getting people out of the small towns and onto the larger trail network.
Locally the move affects the Arthur Snowblazers and Fergus, Elora, Belwood snowmobile clubs that use GRCA trails.
Clubs in Conestogo, Orangeville, Elmira and Hillsburgh are also affected.
It is not known how many individual snowmobilers are affected, Buratynski said, because members purchase permits that allow them to use any of the trails in the province.
The GRCA said in a statement on its web site that it isn't in a position to consider accepting that liability without a process taking place.
"The clubs’ requested changes to the agreements would substantially increase the GRCA’s obligations, liability and risk as a private landowner," says the GRCA statement posted on its web site.
"Accordingly, the GRCA advised the District 9 snowmobile clubs at that time that it was unable to accept the amendments. Renewed agreements were sent to all of the local snowmobile clubs, without revisions."
Reports to senior management and/of the GRCA board would be necessary, as well as a new program to manage increased risk and obligations, the GRCA said.
"Currently, the GRCA does not have the framework, resources or capacity to implement such a program for snowmobile use."
The clubs were also advised that the increased risk would likely result in a licence fee above the current small fee the clubs pay each year.
Both sides hope an agreement can be worked out, likely for next year.
There are currently no discussions taking place.
"GRCA and the snowmobile clubs have had great partnerships over the years, so we are really, really hopeful that this is a one-year closure while everyone regroups and that next year we will be able to work with them again,' Buratynski said.
