Question for Hunters, Lawyers and those smarter than me

L

londongunguy

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Transplanted to Ottawa...
A farmer who has let us hunt geese in his fields in past years has told us that this year he wants $20/guy. Said it's because so many guys have been asking permission and he figures he should get something out of the deal (we've offered geese in the past and he's not interested, but that bottle of rye was well received ;) ) Wasn't real clear about if $20 was for the year or per hunt, but doesn't matter for the purpose of the question.
By charging a fee, does the land owner open themselves up to a liability in case of an injury, accident or property damage? Not that I begrudge the guy the $20, we'll pay for the priviledge to use his land - no problem. I'm just curious if the "fee" imposes a duty of care?
 
I'm not sure if it's the same in Ontario, but here in Alberta it's illegal to charge money for access for hunting. I'll see if I can find it in the regs (although I only have a copy of last year's).

In the hunting course I just completed, it says to be polite and offer some of your harvested game or some of your time helping out the landowner with his chores in return for the privilege.

EDIT: Aha. Page 28.

Access to Public and Private Lands

Except under authority of a Game Bird Shooting Ground License, it is unlawful to directly or indirectly buy or sell, trade or barter, or offer to buy or sell access to any land for the purpose of hunting any big game, furbearing animals or game birds.
Click to expand...
 
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Lease agreements are standard operating procedure in the USA and like it or not are the way of the future in Canada. In game-rich high hunter number areas where private land is the norm this practice is something that can be advantageous to both landowners ad hunters alike!
Some things to consider... the landowner in this case has obviously realized the demand and if you don't take advantage now you will be left sucking the hind teat. You should ask him about an exclusive signed lease for hunting rights and offer him up a few hundred bucks... or more. Explain to him that you are a member of OFAH or CSSA and that you are insured and if he leases to you he will have no liability and you will police and manage his property for him. Make sure that you get the lease written in your name for you and your hunting party... that way you can charge your partners and anyone else who wants to hunt there! In this way you can offset your costs... or even make some money and the landowner gets a chunk of change!
The best time to sign exclusive hunting lease's is in December... go with a stack of brown and red bills and most landowners will jump at the chance for Christmas money!!!
 
Better to spell out what province you are talking about...
We have found the hunting rules vary differently from one province to another..

In Ontario the hunting regs state that the hunter is responsible even if anything is exchanged I know that there who lease land specifically for hunting so charging for use of the land is no different it's just a lease for a shorter period..
 
If you really value your hunting, take Reds advice. I know of (and have heard of) lots of guys who show up to hunt property, where they have for years, only to find it has been exclusivley leased out.

It sucks but money talks.
 
Not sure about the legality of it, but I would wager to guess that by charging for the use of his land, all of a sudden he opens himself up to liability. It officially becomes a business agreement. To which he would also need to claim on his tax returns.
 
I suspect the land owner would be liable in any event - take the example of someone slipping on your sidewalk. Take BR's advice - most camps charge several hundred dollars per head, whats a few hundred to give you assured access, and peace of mind that the land is exclusively yours.
 
Great feedback guys, thanks. Our intention was certainly to take the landowner up on his offer, that part was a no-brainer. The question was based purely in curiosity....you know...idle minds ;).
I like the idea of proposing exclusivity. We all know that the easier you make things for the landowners the more successful you're likely to be, that's why we carry standard consent forms, does anybody have and willing to share a standard lease agreement that would fit the bill?
 
It's the sign of the times to come. A friend leased a farmers bush to hunt it for $200 a season. A bunch of lawyers and doctors now are looking at leasing the whole block for $10,000, that only $500 a piece for 20 hunters. Maybe the following year another group will out bid it for $15,000. In Europe only the rich can afford to hunt. Sign me up.
 
I am not a lawyer, but I did stay at a Holiday Inn last night.

Accepting payment completely changes the situation. The degree of due care you must show for their safety goes up when you accept payment.

Slip on my sidewalk I have to be negligent to be held responsible. However, if I am paying you I then have a duty to ensure your safety. So his responsibility is higher.
 
Personally, I wouldn't give him a dime. Not because I'm too cheap, but because I feel that it sets a dangerous precedent. But, that's just me and my circumstances may differ from yours.
 
He definately has a duty of care, regardless of whether you pay or not. Its called Occupier's liability. Whether he has insurance coverage and whether its voided by charging for entry is a question he should ask his insurer.
 
While I don't agree with charging for access, I can understand the farmer wanting to get something out of the use of his land. My reasoning is that every vehicle track across the land is another tractor speed bump, and another rut to drag his equipment across. Those speed bumps cost money in fuel and repairs.
 
It is illegal in Sask but the bird outfitters get around it by getting the landowner to post the land and then "hiring" the landowner as a "consultant".

The americans (and europeans) have screwed the average hunter out of hunting by allowing hunting rights to be bought and sold. It will happen here sooner than you think.

44Bore
 
A good goose field here runs $800-$2000 per season. Not sure on the liabilty issue but if you have separate liability insuarance, it does help to mention that to any landowners, Join CSSA and you are covered for $2mil
 
I have never paid, nor been asked to pay for hunting rights. One guy asked if I had any extra "cigarettes in a baggie"
However, I do recall a couple of times I found the bottle of whiskey that the landowner accidentally dropped behind the seat of my truck.
They are usually pretty grateful.
 
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