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Changes to snowmobile legislation expected

By late January or early February the provincial Land Use Co-ordination Office should be ready to make recommendations to cabinet that could see the legislation and policy that governs snowmobile management and trail use in B.C.

By late January or early February the provincial Land Use Co-ordination Office should be ready to make recommendations to cabinet that could see the legislation and policy that governs snowmobile management and trail use in B.C. changed before next winter.

LUCO’s Terje Vold said the intent is for the recommendations to go to cabinet before an election is called.

"But I think the recommendations are going to be solid enough that any government will want to react to them. A lot of work has gone into this so far," said Vold.

"We are certainly hoping to get some direction this winter as to whether government wants to move ahead on some of these recommendations before people spend time working with legal advice on drafting any legislative changes. We will want to make sure that we are generally going in the right direction."

Both the government and the powerful B.C. Snowmobile Federation saw a need to overhaul the status quo for snowmobiles in this province, but each for different reasons.

The BCSF, for example, wants to build trails that connect communities throughout the province and the existing legislation – some of it more than 30 years old – presents obstacles.

One of the federation’s key concerns is the red tape involved in crossing public roads and rules that prohibit snowmobilers using any roadways that fall under the jurisdiction of the Ministry of Highways.

The federation maintains a trail network has potential to bring economic development benefits to communities and First Nations throughout B.C. through an increase in winter tourism.

On the other hand, Vold said a review of the policy and legislation received support from government because there is "a real interest in protecting Crown land values, like wildlife and non-motorized recreational interests and other values that may be impacted by snowmobile use."

He noted that one of the prerequisites to being better able to manage snowmobilers is to be able to identify sleds that may not be in compliance with whatever the Crown land regulations of the day may be.

"And the current system of registration and licensing has just not worked effectively for a variety of reasons."

Vold said snowmobiles have seen a dramatic increase in use and there have been giant leaps in technology since legislation and policy were drafted.

The Land Use Co-ordination Office agreed to work with the BCSF as a "one window" contact point for the various government agencies in reviewing the status quo.

The two bodies jointly developed a public discussion paper in June last year making various recommendations. Public input was sought until the end of October last year.

The BCSF also conducted an inter-jurisdictional study on snowmobile management practices in other provinces and states and made a set of its own recommendations last month.

LUCO has now summarized the information gleaned from over 250 responses to the public discussion paper on snowmobile trail use and management. It will also be using the results of the inter-jurisdictional study in finalizing its recommendations to cabinet.

Vold said the public discussion paper generated a slew of form letters prepared by the snowmobile federation generally supporting the recommendations of the paper.

There was also some response from local governments expressing support for the general direction of the paper and then there was feedback from non-motorized recreation groups concerned about the process in general, noted Vold.

The anti-motorized groups feel the province needs to secure non-motorized areas through zoning before looking at improving legislation related to trail use.

Vold said the discussion paper actually encourages a zoning approach.

"There is a section on resource stewardship which is very supportive of developing recreation tourism strategies and identifying and zoning areas for different opportunities."

The paper recommends several legislative changes. Among them, it suggests that trails, approved after a review, be established in law and that they be governed by both a master agreement and local agreements that recognize a trail pass.

All snowmobilers on established trails, resident or tourist, would be required to display a pass obtained from a local club or the BCSF. A formula would be developed to ensure funds are fairly returned to each organization that is part of the trail pass system.

The paper also calls for mandatory liability insurance and helmets for snowmobilers on Crown land. The insurance could be linked to purchase of a trail pass.

Existing legislation requires all snowmobilers to register their sleds under the Motor Vehicle (All Terrain) Act, but compliance is miserably low. The paper says ways to improve compliance need to be reviewed. It is also calls for a formal co-operative agreement between the RCMP and provincial enforcement agencies and recommends that provincial enforcement agencies recognize a role for BCSF-trained snowmobile patrol officers.

Adults who do not have drivers’ licenses and children aged 12 to 15 would also be required to pass an approved snowmobile operators’ safety course in order to legally cross or ride roads that fall under the jurisdiction of the Ministry of Highways.

The paper recommends that the BCSF and local clubs, in co-operation with various government agencies, provide snowmobilers with information on respecting environmental values and other Crown land users.

Recreation and tourism strategies that identify constraints on snowmobile use also need to be recognized.

The paper states that trail planning across the province needs to be done in conjunction with local clubs and other stakeholders, including First Nations.

A dispute resolution process would also be adopted and any area closures due to competing recreational or environmental interests be conducted in consultation with local snowmobile clubs.

Vold said the final recommendations that go to cabinet will not be made public. "We have had the public discussion or review and now we are saying, based on the feedback received plus the feedback from the inter-jurisdictional study and a pilot trail project in the Cariboo region and interagency reviews, we will make a cabinet submission."