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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 3

THE RECREATIONAL TRAIL PROPERTY OWNERS PROTECTION ACT (OCCUPIERS' LIABILITY ACT AMENDED)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. O8 amended

1           The Occupiers' Liability Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definitions:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"recreational trail" means land that

(a) is available for multi-purpose recreational use by the public free of charge, and

(b) is marked reasonably clearly as a recreational trail by the Manitoba Recreational Trails Association Inc. or another non-profit organization designated in the regulations. (« sentier récréatif »)

3           The following is added after subsection 3(4):

Duty of care respecting recreational trails

3(4.1)      Notwithstanding subsection (1), an occupier of a recreational trail owes no duty of care toward a person who is on the recreational trail except the duties described in clauses 3(4)(a) and (b).

4           Subsection 8(2) is amended by adding "or" at the end of clause (c) and adding the following after clause (c):

(d) a recreational trail.

5            Subsection 9(1) is amended by adding ", or recreational trail" after "sidewalk".

6           The following is added after section 9:

Regulations

9.1         The minister may make regulations designating non-profit organizations for the purpose of the definition "recreational trail" in subsection 1(1).

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Occupiers' Liability Act to provide a limited duty of care to persons on recreational trails, which is the same as the duty owed to persons driving off-road vehicles.