Posted by Mike Wachter on December 20, 1999 at 11:34:03:
Bill 13--Ontario Marine Heritage Act Is Bad News for Recreational Divers. As currently worded, the bill prohibits diving any shipwreck in Ontario waters without a license. Recreational divers owe it to themselve to get informed on this bill and the deniall of access it will make law in Ontario. The following are quotes from the parlament discussion on the bill with my comments in parenthesis:
Quotes from the Debate
"This proposed Ontario Marine Heritage Act will make it illegal for anyone to enter a heritage wreck unless he or she is licensed to do so." (Licensing will be controlled by the Ontario Provincial Archeologist. I’ve met him and know he is not likely to provide recreational divers a license.)
"I'm saying to you that you are on the right track. I'm saying to you, as well, in relation to divers, I don't think divers should be touching the wreck. They shouldn't be there." (Does this sound like someone who is willing to let a recreational diver have a license to dive Ontario shipwrecks?)
"The Minister of Citizenship, Culture and Recreation can exempt specific sites from these rules if the site is deemed to be less historically significant or if the site has been explored repeatedly." (As such, all sites are off limits when this bill passes. Unless specifically exempted from the law, you will not be permitted to dive any shipwreck in Ontario waters.)
"Many (wrecks) have been stripped clean, unfortunately, and they would be exempted from these regulations. That's why we are giving the minister that ability. The license is for marine archaeology, not merely to dive or explore." (As such, you will be required to show proof of your “marine archeologist” qualifications to apply for a license and will only be granted one for an archeological study.)
"My bill requires that anyone who finds a shipwreck notify the Minister of Citizenship, Culture and Recreation of the nature and location of the wreck as soon as possible." (We have worked very hard to create the atmosphere of trust needed to have those who find shipwrecks share information about them. This bill will destroy that trust and the culture of secrecy that once characterized Great Lakes divers will reemerge.)
"There will be tough penalties under the Ontario Marine Heritage Act. Anyone contravening the act will be subject to a fine of up to $5,000 and a jail term of up to one year. If a corporation is involved, the maximum fine jumps to $250,000." (Violation of the act does not mean you removed an artifact. It means you dove a shipwreck without a license. If you are caught disturbing silt on the wreck, your boat and dive equipment will also be seized. This seems a bit onerous. The penalty for grand theft or mugging is less.)
THIS BILL MUST BE STOPPED! IT DOES NOT PROTECT OUR WRECKS. IT DENIES OUR ACCESS TO THEM!