Landowners responsibility for hunters?

Pydpiper · Post by **Pydpiper** » Wed Dec 05, 2007 10:57 am

If it makes a difference, I am in Ontario Canada.
I would like to know what, if any, liability is on the landowners shoulders when he/she grants permission to an outdoorsman to use the land for recreational purposes?
Is there a way to make sure the landowner has no responsibility via paperwork or any other means?

I recently brought a friend to a new chunk of land for the first time, while unloading the truck the landowner approached to make sure it was me and at the same time asked about liability, I didn't have an answer for him. I (as many other hunters) carry a $1,000,000 policy to protect me and the landowner but if I had something a bit more solid to present to him I stand a good chance to get continuous rights to this plentiful, virgin land.

TPM · Post by **TPM** » Wed Dec 05, 2007 11:07 am

Join OFAH. As a member you automatically get $3,000,000 liability coverage while engaged in hunting, fishing or shooting activties. I make a point of telling the landowners this were we hunt. I also use the OFAH landowner permission slips. It states this coverage at the bottom of the slip.

http://www.ofah.org/membership/index.cfm?ID=2

http://www.ofah.org/hunting/index.cfm?ID=5

DropTine · Post by **DropTine** » Wed Dec 05, 2007 12:21 pm

Yep OFAH!

JRS · Post by **JRS** » Wed Dec 05, 2007 1:25 pm

The Occupiers’ Liability Act relieves the landowners of any liability while the land is being used for a recreational activity such as hunting. I've included the pertinent section and also a link for the entire act.

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),
(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or
(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.

Premises referred to in subs. (3)

(4)The premises referred to in subsection (3) are,
(a) a rural premises that is,
(i) used for agricultural purposes, including land under cultivation, orchards, pastures, woodlots and farm ponds,
(ii) vacant or undeveloped premises,
(iii) forested or wilderness premises;
(b) golf courses when not open for playing;
(c) utility rights-of-way and corridors, excluding structures located thereon;
(d) unopened road allowances;
(e) private roads reasonably marked by notice as such; and
(f) recreational trails reasonably marked by notice as such. R.S.O. 1990, c. O.2, s. 4.

Here is the link to the entire act. You may want to print it out and highlight the pertinent sections and give to landowners for peace of mind. As well, as a member of the OFAH you have your own 3 million dollar liablility coverage if you are a subject of a law suit.

http://www.e-laws.gov.on.ca/html/statut ... 0o02_e.htm

Pydpiper · Post by **Pydpiper** » Wed Dec 05, 2007 3:26 pm

I am an OFAH member, my entire household is, but telling a farmer that does not mean much to him.. It is important to me, but I would have preferred a bit more substance to provide him.

JRS, that is exactly what I was looking for, thanks for posting that.

Pydpiper · Post by **Pydpiper** » Wed Dec 05, 2007 4:23 pm

Thanks for the links to the OFAH page too, I somehow managed to misplace mine, the land I currently hunt doesn't need that so I set it aside.
I printed it off again just in case.

I rarely get stuff from those guys (OFAH), but noticed my father in law gets stuff almost weekly..

Grizzly-Papa · Post by **Grizzly-Papa** » Wed Dec 05, 2007 5:50 pm

Excellent information. Thanks for sharing.

Grizzly-Papa

flbuckmaster · Post by **flbuckmaster** » Thu Dec 06, 2007 1:00 pm

Grizzly-Papa wrote:Excellent information. Thanks for sharing.

Grizzly-Papa

ok griz now that im a member I will soon be over to tangle with "THE TATER FIELD TITAN"!

jay

Hi5 · Post by **Hi5** » Thu Dec 06, 2007 6:07 pm

JRS has quoted the stuff you need to pacify the landowner, Pydpiper. Your own insurance would be NO comfort to the landowner. It only protects you against claims against you.