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S.M. 2005, c. 4

Bill 3, 3rd Session, 38th Legislature

The Recreational Trail Property Owners Protection Act (Occupiers' Liability Act Amended)

(Assented to June 9, 2005)

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


The Occupiers' Liability Act is amended by this Act.


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 »)


The following is added after subsection 3(4):

Duty of care respecting recreational trails


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).


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.


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


The following is added after section 9:



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

Coming into force


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