Bill 13: Description

Subject:

Comments:
: Here is Bill 13 and what effects are to take place if it goes through. : Bill 13, 1999 : An Act to preserve Ontario’s marine heritage and promote tourism by protecting heritage : wrecks and artifacts : Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts : as follows: : Purpose : 1. The purpose of this Act is to enhance the protection and preservation of Ontario’s marine heritage resources : and to promote responsible exploration of marine heritage sites. : Definitions : 2. In this Act, : "heritage wreck" means the abandoned remains of a vessel, aircraft or any other prescribed object that is : fully or partially submerged in waters on Crown land in Ontario and has been so submerged for a period of : time prescribed by regulation; ("épave à valeur patrimoniale") : "marine heritage site" means the site of a heritage wreck and its associated debris area and the parts of the : lake or river bed that are under them and includes any other parts of the lake or river bed that have been : modified as a result of the sinking of the wreck, or as a result of subsequent sedimentary processes; ("aire : marine à valeur patrimoniale") : "Minister" means the member of the Executive Council to whom the administration of this Act is assigned : by the Lieutenant Governor in Council; ("ministre") : "prescribed" means prescribed by the regulations made under this Act; ("règlements") : "protected artifact" means an object in a marine heritage site that was part of a vessel or aircraft that is a : heritage wreck or that was in or on the vessel or aircraft before it sank. ("artefact protégé") : Ownership : 3. The Crown in right of Ontario owns every heritage wreck and protected artifact. : Prohibitions : 4. (1)?No person shall engage in any of the following activities unless the person is specifically authorized to do : so by the terms of a licence issued under Part VI of the Ontario Heritage Act: : 1. Enter a heritage wreck, or cause an object to enter a heritage wreck. : 2. Move part of a heritage wreck. : 3. Remove silt or other naturally occurring substances in a marine heritage site. : 4. Remove a protected artifact from a marine heritage site. : 5. Damage a heritage wreck or a protected artifact. : 6. Take any other action that alters or adversely affects, or is likely to alter or adversely affect a marine : heritage site, a heritage wreck or a protected artifact. : 7. Any other activity specified in regulation. : Exception : (2)?Subsection (1) does not apply at such marine heritage sites as may be prescribed but only with respect to : such activities at those sites as may be prescribed. : Seizure of property : (3) A person having the power and authority of a member of the Ontario Provincial Police Force may seize a vessel : or equipment which the person believes is being used or has been used to contravene this Act. : Record of wreck sites : 5. The Minister shall publish, in a manner prescribed by regulation, a record of marine heritage sites known to the : Minister. : Discovery of evidence : 6. A person who finds physical evidence that a site is likely a marine heritage site which is not listed in a record : published under section 5, : (a) shall not do anything that may alter or adversely affect the site; and : (b) shall notify the Minister of the nature and location of the evidence and the site as soon as possible. : Offence : 7. (1) Every person who contravenes subsection 4 (1) or does not comply with section 6, and every director or : officer of a corporation who knowingly concurs in the contravention or failure to comply, is guilty of an offence : and on conviction is liable, : (a) if the person is an individual, to a fine of not more than $50,000 or to imprisonment for a term of not : more than one year, or to both; or : (b) if the person is a corporation, to a fine of not more than $250,000. : Forfeiture : (2)?The court may also order that any vessel or equipment used in the commission of the offence be forfeited to : the Crown in right of Ontario. : Factors : (3)?The court may take into account the following factors in deciding upon a penalty under subsections (1) and : (2): : 1. The degree of damage to a heritage wreck or protected artifact, if any, caused by the person. : 2. Whether the person acted for profit. : 3. Whether the person has previously been found guilty of an offence under this Act or the regulations. : 4. Such other factors as the court may consider appropriate. : Regulations : 8. The Lieutenant Governor in Council may make regulations in respect of such matters as are referred to in this : Act as being prescribed. : Crown prerogative : 9. This Act shall not be construed to derogate from any Crown prerogative. : Commencement : 10.?This Act comes into force on the day it receives Royal Assent. : Short title : 11.?The short title of this Act is the Ontario Marine Heritage Act, 1999. : EXPLANATORY NOTE : The Bill creates a new Act, the Ontario Marine Heritage Act, 1999. : Under the new Act, the Crown is the owner of every abandoned wreck sunk in waters on Crown land in Ontario that has been submerged for more than : a prescribed period of time. These wrecks are called "heritage wrecks" in the Act. : The new Act defines "marine heritage site" and prohibits anyone who does not have a licence under the Ontario Heritage Act from entering a heritage : wreck or damaging or removing a heritage wreck or a protected artifact. The new Act creates an obligation to notify the Minister of evidence of a : marine heritage site. The Minister must publish a record of marine heritage sites known to the Minister.

Optional Link URL:
Link Title:
Optional Image URL: