MNR Memo of Understanding

Memorandum of Understanding (MOU)

between an association of cottagers who use the White Trout Road to access their cottages
hereinafter referred to as “WTRA”
and
The Ministry of Natural Resources
hereinafter referred to as “the Ministry”
—————————————————————————————————————————– —
WHEREAS WTRA is an association of owners of private cottage properties on Lake Kawagama,
Algonquin Highlands Township, Haliburton County, which are accessed via an existing road which is
partially on Crown land,
AND WHEREAS WTRA wishes to conduct maintenance activities on the road in order to provide
continued road access to their properties,
AND WHEREAS the Ministry wants to ensure that all roads on Crown land are operated in a safe, orderly,
legal and environmentally acceptable way,

THE PARTIES HEREBY AGREE AS FOLLOWS:

LOCATION
1. The road to which this Memorandum of Understanding (MOU) applies is the White Trout Road
originating at County Road 8 and ending near the highest point of Summit Drive at the fork in the road
beside 911 identifier number 1072 ,as shown on the map which may be referred to as Schedule ‘A’
(hereinafter referred to as the White Trout Road).

TERM OF AGREEMENT
2. This MOU shall take effect upon the signing of both parties.

RESPONSIBILITY
3. WTRA will be responsible for the conduct of all maintenance activities on the White Trout Road and for
the full cost of all such activities.
4. WTRA shall, at its own expense, be responsible for monitoring the road and all water crossings on the
road for public and environmental hazards and for undertaking remedial work where a hazard has been
identified.

OWNERSHIP
5. The Crown land occupied by the roadbed and right-of-way of the White Trout Road shall remain the
property of the Crown.
6. Any bridges, culverts and other structures on the White Trout Road that were the property of the Crown
at the time of the signing of this MOU shall remain the property of the Crown.
7. Any bridges, culverts and other structures owned by WTRA on the White Trout Road in accordance
with this MOU shall remain WTRA‘s property during the time this MOU is in effect.

PUBLIC RIGHT OF PASSAGE
8. Any person may exercise a public right of passage on the White Trout Road, as provided under
Section 49 of the Public Lands Act.
9. While the public has the right of passage on the White Trout Road, WTRA is under no obligation to
repair the road for the benefit of other road users or to maintain it to a standard required by any particular
type or class of vehicle.
10. In the event that public use of the road is likely to cause undue damage to the roadbed, WTRA may
request the District Manager of the Ministry of Natural Resources to use his or her authority under the
Public Lands Act to close the White Trout Road to travel by the public during spring break-up, or at other
times when the roadbed is exceptionally vulnerable to damage.

PERMITS AND APPROVALS
11. WTRA shall be required to apply for and comply with all permits and approvals that may be necessary
to authorize road maintenance with the exception of regular maintenance items such as grading, tree/brush
removal for safety reasons and additional gravel as required to improve the road surface and to fill in and
level ruts and holes
12. It is WTRA‘s responsibility to keep informed of Ministry requirements with respect to the type of
activities it carries out or propose to carry out on the road.

REQUIREMENT TO CONFORM TO ALL LAWS AND REGULATIONS
13. WTRA shall conduct its activities and operations on the White Trout Road in accordance with all
applicable legislation and regulations as identified and provided by the Ministry.

INSURANCE
14. During the entire term of this MOU, WTRA agrees to obtain and keep in force a general public liability
and property damage insurance policy with a minimum limit of $2,000,000 per occurrence and to have the
insurance policy endorsed:
a) to name her Majesty the Queen in right of Ontario and her officers and servants as additional insured.
b) to provide that the insurance shall apply in the same manner as though separate policies were issued in
respect of any action or claims brought against any of the insured.
c) to provide that no cancellation of the insurance shall be made except on at least fifteen days written
notice to the Ministry.
15. WTRA shall provide the Ministry with proof of the insurance on signing this MOU and at any time on
demand.

WASTE DISPOSAL
16. Any waste created by WTRA in carrying out its work and activities on the White Trout Road must be
removed by WTRA and disposed of properly at an authorized recycling facility or approved waste disposal
site.

RIGHT TO CONTRACT OUT MAINTENANCE WORK
17. WTRA shall have the right to contract out any work related to the maintenance of the White Trout
Road. The contractor shall be bound by the same or substantially the same terms of this MOU.

COMMUNICATION
18. WTRA agrees to keep the Ministry well informed of its plans and its activities on the White Trout
Road wherever such work requires work permit approval.
19. All communication with the Ministry regarding this MOU should be with:

Trevor Griffin, Area Supervisor
Bracebridge Area, Parry Sound District
1350 High Falls Road, Bracebridge ON P1L 1 W9
Phone: 705-646-5519

AMENDMENT/TERMINATION
20. This MOU may be amended or cancelled at any time upon the mutual consent of WTRA and the
Ministry.
21. Should WTRA be found to be operating contrary to this MOU or contrary to any permit or approval
issued to them in connection with this MOU, the Ministry will identify the objectionable situation in
writing to WTRA and will also identify a reasonable amount of time to correct the situation. If WTRA
does not comply, the Ministry may terminate this MOU unilaterally.

_______________________________ ______________ ______________________________
Andy Heerschap, District Manager Date
Parry Sound District

_______________________________ ______________ ______________________________
President, White Trout Road Association Date

Schedule A (click on this link to display the map referred to below)

This MOU covers that portion of White Trout Bay Road from County Road 8 over Lots
10, 11, 12, 13 and 14, Concession 11, Geographic Township of Sherborne, Township of
Algonquin Highlands