Mountain Bike Policy Questions and Answers

Q.

Why did MTCA develop this policy?

A significant number of trails have been built on Crown land without authorization, which is a requirement under the Forest and Range Practices Act. The Ministry of Tourism, Culture and the Arts is responsible for issuing trail authorizations under that Act and, more generally, for managing all public and commercial recreation on Crown land.

Authorizing mountain bike trails under a consistent policy will help ensure that trails are created in appropriate locations and follow appropriate safety and management standards. Currently, many of illegally built trails and associated ‘stunt’ features (called technical trail features or TTFs) are of questionable safety.

Q.

Who does the policy apply to?

A.

The policy applies to any organization that enters into a trail agreement with the Ministry of Tourism, Culture and the Arts to develop, maintain and manage mountain bike trails on provincial Crown land. It is expected that these will normally be a local mountain biking club or society, but other eligible organizations may also be interested in partnering with the Ministry to ensure the availability of sustainable trails, such as local governments, a local economic development commission, a coalition of trail users that form a local trails society, or possibly a forest licensee.

The policy does not apply to trail development within provincial parks.  BC Parks has its own policy and procedure for authorizing trail development in parks and protected areas. Nor does it apply to commercial development and use of trails.  Commercial mountain bike tour businesses wishing to operate on Crown land must comply with MTCA’s ‘Adventure Tourism’ policy.

Q.

 What are the main features of the policy?

A.

The policy recognizes recreational mountain biking and trail building as legitimate activities on Crown land.  Trail building will be authorized provided that land and resource use issues and public safety issues can be managed.

The focus is on partnering with volunteer groups (e.g., Mountain bike clubs or other appropriate local organizations) to take-on trail building and maintenance under multi-year agreements.

The priority will be to authorize existing trail developments occurring on the province’s existing inventory of approximately 750 established multi-use trails throughout British Columbia – rather than see an uncoordinated, unplanned proliferation of new trails.

The policy stresses a ‘risk managed’ approach to trail authorization and management.  In particular, trails and technical trail features (e.g., elevated trails, ramps, etc.) must be designed, built, inspected and maintained according to defined guidelines and standards.

Q.

What process was followed to develop the policy?

A.

The policy was developed in a collaborative manner. A multi-party committee was formed to provide advice on the policy issues and solutions. The group consisted of representatives of interested provincial and federal government agencies and stakeholder organizations. MTCA also worked with provincial risk managers and legal staff and the commercial insurance industry to address liability and insurance issues. Policy examples from other jurisdictions were investigated.

The policy is considered a “working draft”, to be implemented on a pilot project basis in several locations over the next 18-24 months – so we may learn lessons from implementation experience and adjust the policy, as appropriate, before it is applied more widely.  Tentatively, the pilot projects will be in: Squamish, Chilliwack, Burns Lake, Terrace, Nelson, Cranbrook, Kamloops and Williams Lake.

Q.

Are local mountain bike clubs being asked to take on responsibility for managing trails that will also be used by others?

A.

Many mountain bike trails have been built by mountain biking enthusiasts at or nearby existing trails that are also used by others, including hikers and horseback riders. Wherever possible, MTCA encourages multiple use of trails in order to maximize recreation opportunities.

MTCA’s reality is that it does not have enough resources to build, maintain and manage all the trails for which there is demand.  Therefore, the Ministry must look to the main trail users to partner with to enable proper trail management. MTCA will authorize and recognize sustainably-managed trails so that users have secure access to trails.  It may also provide some limited funding for such things as providing trail signage. In exchange, MTCA expects local trail users ‘step-up’ and take some responsibility for maintaining their trails in a safe and sustainable fashion.

The practice of partnering with local recreation organizations to ensure safe and proper management of forest recreation facilities on Crown land is not new. For many years, MTCA, and formerly the Ministry of Forests, have entered into management agreements with local groups that are willing to volunteer their efforts for public recreation site and trail maintenance.  The formula works where there is a committed local organization. Many local mountain bike riders recognize the importance of becoming organized to advocate for their sport. Clubs have been officially formed and are contributing in many communities, such as Whistler, Vancouver’s North Shore, Victoria, Kamloops, Rossland and others.

Q

Why is MTCA requiring mountain bike clubs to indemnify the government against possible losses associated with mountain bike trails, and maintain liability insurance?

A condition of entering into a trail agreement with MTCA is that, where the trails involve technical trail features (e.g., ramps, jumps, etc.) the agreement holder must indemnify the province against losses, damages, etc. and maintain $2 million liability insurance coverage.

This is a common requirement in contractual arrangements of this nature.  Because mountain bike riding on trails with technical trail features poses some added risk of personal injury, the Province, as land owner, is requesting agreement holders to indemnify (i.e., save harmless) the Province against personal injury settlements potentially arising from a law suit brought forward by an injured party.  The requirement to maintain $2 million liability insurance ensures the availability of funds for clubs to defend against possible law suits and pay settlement costs if a law suit is successful.

These requirements protect both the Province and the agreement holder should a serious injury occur.  As well, it is believed that the Provincial Occupiers’ Liability Act provides substantial protection to the Province and agreement holders against exposure to liability. The indemnification and insurance requirements are a ‘back up’ to the protections against liability exposure already provided by that Act.

Q

How will small, local non-profit mountain bike clubs pay the costs of maintaining and managing trails under a trail agreement, and purchasing the required liability insurance?

MTCA recognizes that this can be a significant issue for agreement holders, particularly small clubs. Membership fees, corporate sponsors, grant moneys, donations and organizing trail events are all possibilities. It may also be possible for an agreement holder to levy a trail user fee provided the arrangements are first approved by MTCA. And naturally, volunteer time on trail building and maintenance will be required.

MTCA will assist to the extent possible to ensure the success of trail partnerships. Some funds will be available for things such as providing trail signage and organizing trail building training workshops.

Q

What will happen to existing mountain bike trails that are not authorized under a trail agreement?

MTCA recognizes that there will be situations were local riders or organizations to not wish to take on a trail management role, or lack the capacity to do so.

The MTCA response to these situations will be in-line with MTCA’s staff and budget resources. Where unauthorized mountain bike trails or technical trail features come to staffs’ attention that are clearly hazardous, are causing significant user conflicts or are negatively impacting the environment, they will be closed and/or dismantled.

Where these problems are not apparent, district staff will assess the existing trails from a public interest perspective. If the trails are appropriately located; are popular with local riders; do not contain unsafe technical trail features; do not pose safety, user conflict or environmental issues; and can be managed by MTCA within existing resource levels – then MTCA will consider establishing the trails as part of the province’s official network of recreation trails.