Since the latest years, off-trail snowmobiling is more popular than ever and snowmobilers are wondering about the legality of this type of riding and about the places where they are allowed to practice it.
The entry into force of the Act respecting off-highway vehicles has established some rules to make sure that fans of such vehicles do not ride anywhere they wish and that they understand the obligations, limits and restrictions involved.
Private lands and leasehold lands, it is clear…
On private lands, including agricultural lands and private forests, no off-highway vehicle may be operated without the express authorization of the owner. (section 15.1)
The operator of an off-highway vehicle travelling on private land without the owner's and the lessee's consent is guilty of an offence and is liable to a fine of 450 $ to 900 $. (section 55.1) Some snowmobilers learned this at great expense after riding without authorization on the lands owned by Séminaire de Québec, at the limits of Charlevoix county.
Also, on parts of leasehold lands such as cottage lots and others, the express authorization is required or we do not ride there.
Off-trail snowmobiling
Riding off-trail does not mean to operate a snowmobile with no registration certificate, no civil liability insurance and not in compliance with safety requirements. The Act respecting off-highway vehicles gives clearly the conditions to be met by owners and operators of off-road vehicles before they leave for a ride. This law also presents the fines related to non-respect of these rules. If you think that you will save money by pretending that you are an off-trail fan to justify disobediance to laws and regulations, including not holding a valid trail permit, on the contrary, it could cost you a lot in very expensive fines and offences and bring you into deep problems. It could even get worse if you are involved in an accident or an accident with injuries!
Also, on parts of leasehold lands such as cottage lots and others, you must hold the authorizations, permits, insurances, etc…
The reference is the Act respecting off-highway vehicles and here is the link : https://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=3&file=/V_1_2/V1_2_A.htm .
Snowmobile manufacturers have understood the trend of snowmobiling away from federated trails and in fresh snow. So, they produced machines that are adapted to this type of riding so popular in canadian western mountains. But here, in the Province of Québec, can we enjoy off-trail snowmobiling ?
Lands in the domain of the State represent 92 % of all Québec superficies. They are used for conservation and development of natural resources as well as for leisure, tourism and outdoors activities. Public lands are also requested more than ever for more diversified purposes (industrial, commercial, recreational and environment protection purposes).
Authorizations are issued in regards of the requirements of the Act respecting the lands in the domain of the State. Its reference is :
Québec parks and reserves
The network of parks and reserves are on public territories but snowmobiling is probihited here. On these territories, including wildlife reserves, still in 2015 dogs are not allowed even on a leash while mining and logging are authorized. So, off-trail snowmobiling is prohibited. However, the interdiction of having a federated well-organized trail passing on these lands is something that should be reconsidered with the example of our southern neighbours. American National Parks have much more severe conservation rules and yet, they authorize the snowmobiles with state-of-the-art technologies and dogs on a leash ! It would be a good idea to talk to your deputy.
Hunting and fishing outfitters
On the territories of outfitters with exclusive development rights, we must precise that leases are issued by the Ministère des richesses naturelles (MRN) for the location of buildings and the use of the territory for hunting, fishing and trapping purposes. The MRN may authorize other usages on these territories (logging, road, picking, etc.) because the MRN is and remains the owner of the lands.
Concerning the other outfitters without exclusive development rights, they are also located on public lands and they are in fact forest innkeepers. Their lease is limited to the land where their buildings and installations are located and their right to have a say is limited to these sites. However, they are consulted on the impacts of any new and close activity in regards of its impacts on wildlife. So, they are free territories.
Controlled zones (ZECs)
ZECs are formed on public territories where wildlife management is under the responsibility of non-profit organizations. Over the years, the ZECs obtained the right to operate some recreational activities such as lodging and camping. So, on some sites, the ZECs proceeded to some developments on public lands without becoming owners of the lots. Their lease is limited to these sites in the same way than the private leisure cottages that are also present on these public territories. ZECs members who own cottages are then allowed to travel on roads and reach them without having to pay any other fees but those included in their annual permit.
The ZEC may conclude an agreement with a snowmobile club and the MRN will authorize the passage of a snowmobile trail or off-road vehicle trail across the territory. In this case, only members of the club with valid trail permit will be allowed to ride here. This way, the Québec snowmobile trail circuit runs across many ZECs territories. However, a snowmobiler who is not member of the ZECs must in principle ride only on trail and comply with all rules regarding federated trails.
A ZEC could very well be authorized to require a right-of-way, thus set fees for snowmobilers who are not members of the ZEC and who ride on their territory. In reality, they do not proceed this way because all visitors centres are closed in winter. A ZEC may also exonerate some users and this is actually the situation with the snowmobile clubs. The reference is the Regulation respecting hunting and fishing controlled zones at :
Travelling on public lands in forest territory also requires that you travel in compliance with laws and regulations respecting wildlife conservation, its habitat and sensitive areas. Thus, snowmobiling is prohibited in big game yards, in conservation sanctuaries, etc. The reference is : An Act respecting the conservation and development of wildlife.
Public services corridors
Public services corridors, including pipelines and Hydro-Québec power transmission lines, are also located on public territories.
In pipelines matter, rights are real and permanent easements that are almost ownership rights. For obvious safety issues, creating these corridors implies to limit to a minimum the visitation and usage for other purposes. Thus, snowmobile clubs must comply with numerous requirements when they want to ride along or cross the pipelines. So, in reality, only clubs, after agreement and in respect with regulations, may develop a passage for their members. Any other travelling is prohibited.
Corridors of power transmission lines on public lands hold rights issued by MRN in long leases. Also, other usages may be authorized by MRN, but only after an analysis is made and Hydro-Québec is consulted. Some usages, such as blueberry fields or the passage of a club trail, may be authorized. However, Hydro-Québec may require the installation of some safety equipments or some safety signs to make sure that this usage will respect the first purpose of the corridor, which is power transportation.
But where exactly ?
Even if 92 % of the superficies of the Province of Québec are made of lands in the domain of the State or public lands, any citizen holds right-of-way in accordance with applicable laws.
Government legislates on the topic, especially with the Act respecting the lands in the domain of the State, the Sustainable forest development Act and the Act respecting the conservation and development of wildlife. On the 1,4 million square kilometres of public lands, there are 11 500 km of federated trails of the 32 000 km that make the Québec trail circuit.
Besides the federated snowmobile trails, you can ride, to your own risks, on public lands such as logging roads that are not cleared of snow, or on wide open areas, or on frozen water plans as long as you comply with the applicable laws and regulations and the restrictions.
If you must ride on federated trails to reach your off-trail paradise, you must hold a trail permit.
Also, with off-trail snowmobiles, you must avoid damaging the groomed trails. So, you must adapt your type of riding as these snowmobiles, with extra-large track lugs, designed for deep snow instead of trails, can quickly destroy trails. Lack of civility shown by some riders on trails, creates conflicts of usage.
To get out of usual trails with a compliant snowmobile and in respect of regulations will not be prohibited if it is correctly done. As in off-trail territory, there is no maintenance, no signs, it is essential to ride very carefully because in case of damage or injury, things can get bad. Rescuers can be far away.
It is important again to take note that it is wrong to beleive that because you have a registration certificate for your snowmobile, the SAAQ will pay any compensation for injuries occured on or off trails. So, check out if your civil liability insurance offers adequate coverage.
New regulations about public lands to come soon
The entry into force of the Sustainable forest development Act will set new regulations about settlements and usages of public lands. Some sections will concern the recreational developments that will require a forestry permit (section 73.5), such as the multi-purpose roads (sections 41 to 44). Also, the Minister of Natural Resources and Wildlife will be responsible for the administration of this Act (section 367).
Have a great snowmobiling season on trail and off trail.
Louis Perron, SledMagazine.com
