Question for Hunters, Lawyers and those smarter than me

http://www.canlii.org/on/laws/sta/o-2/20071015/whole.html

Ontario Occupiers Liability Act
4(3)(c)(i)
Trespass and permitted recreational activity

(3)A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),

(c) where the entry is for the purpose of a recreational activity and,

(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and

(ii) the person is not being provided with living accommodation by the occupier.
 
I have a signed agreement on me at all times when hunting on private land. I won't get into what or if it costs me anything.

Here's a link to a Quebec version.

The reason for this is that in a group of hunters, not everyone has had the opportunity to actually meet the land owner. The land owner may have hired hands that perform various AG jobs - harvesting, plowing, etc. Without proof of permission, you could be asked to leave. A typical agreement includes details about the type of arrangement - per species; per season; per year - my car's make and model, license plate number, and my hunting certificate number. I gladly give up this info in hopes that the land owner or his representative uses it to remove tresspassers.

The type of arrangement is critical to get straight. Land owner may assume you will only be hunting deer and makes an arrangement with another party who hunts geese/small game/whatever - which is fine if that's what you agreed to.
 
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

It's already happening and has been for years. Some of the big game outfitters in Saskatchewan pay $250 per stand, per year for exclusive access. If it were only being done on private land, I could sort of understand it. However, it's also being done with leased Crown land, and that is ####ing dispicable. The outfitters and guides that support this system need to be taken to task on this practice.
 
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?

Do you still like the idea when I walk in next season and offer $250 per hunter? $20 a head is the thin edge of the wedge that will divide hunters. I know it sucks, there's a ranch 10 minutes from my door that is "rumoured to be tied up by an outfitter who is paying thousands. I don't know if it's true but I do know he is the only act hunting out there and all his clients are yanks.
 
If you are not insured then you are just plain foolish. Not only does insurance protect you in case of a cluster#### but it shields the landowner from Liability as well. Most farmers run their properties as a business to start with because they lease for agricultural use and same liability applies.
Money talks... and we all know what happens to those that want to deal in bull####!
 
Lazy_Ike I think I know the spot you are talking about. There used to be a lot of deer in that area, but you don't see much when you pass by there now. Lot of hunting pressure. Pretty strange and definitely something wrong happening there, but on the other hand I've got no problem hunting on the crown land off of the #40
 
Lazy_Ike I think I know the spot you are talking about. There used to be a lot of deer in that area, but you don't see much when you pass by there now. Lot of hunting pressure. Pretty strange and definitely something wrong happening there, but on the other hand I've got no problem hunting on the crown land off of the #40

I think if our feather and fur cops had some money to do proper investigations, there would be alot more charges being layed in this province.
 
Back
Top Bottom