Posted by Dave Gilchrist on October 08, 19100 at 19:58:23:
In Reply to: Bill 13- It's Happening Now posted by Ian Marshall on October 02, 19100 at 21:04:43:
Nick Drakich, of Kingston Ontario kindly sent me an update on Bill 13. I am posting his summary to this group for the information of other divers interested in Bill 13.
At the review of Bill 13 on October 4th by the Standing Committee on General
Government, there were five presentations all opposing Bill 13. The five
people presenting were Bob Cronkwright from American Canadian Underwater
Certifications, Randy Giles from the Professional Association of Diving
Instructors, Tim Legate from Save Ontario Shipwrecks, Nick Drakich from
Kingston Diving Centre, and Brian Taylor from Divercity Dive Charters.
All those presenting, complimented Toby Barrett for his intent on preserving
Marine Heritage and promoting Tourism; however, everyone stated their
opposition to Bill 13 as it does not serve its intent. All agreed that the
presence of the sport divers is needed for preservation and that ownership
of the shipwrecks is not needed for preservation. It was pointed out that
even the Province of Ontario must go to the Receiver of Wreck to establish
ownership as the Great Lakes and St. Lawrence River are under federal
jurisdiciton. The Committee asked for their legal advisor to obtain the
appropriate information on jurisdiction to be available for the next meeting
on October 11th. It was stated by a member of the committee that Bill 13 is
not legally viable if federal jurisdiction is in place.
Toby Barrett was given a copy of the revisions to the Canada Shipping Act
showing the addition of special protection for heritage shipwrecks. He said
that Bill 13 can not go ahead if the federal government has already put
legislation in place and that is why he amended section ten of Bill 13 which
recognizes that the federal legislation has precedence.
It appears Bill 13 may be rejected and that all concerned will have to focus
their efforts on the federal legislation Bill C-35. The federal government
is doing these revisions by asking for public input. To view the federal
changes to the Canada Shipping Act go to
www.tc.gc.ca/canadashippingact/english/intro_e.htm the Transport Canada website.
Please note that the shipwrecks are already protected by law through the
Canada Shipping Act and that Bill C-35 is just revising it. Divers need to
understand how to work with the Receiver of Wreck to protect their dive
sites and how to deal with the federal government to maintain their access
to these sites.
Regardless of what happens in legislation, wreck divers will have to play a
key part and should maintain their involvement or they will lose their sport.
I hope this information helps you.
Regards,
Nick
P.S. The following are the amendments to Bill 13 proposed by Toby Barrett.
October 3, 2000
Ontario Heritage Act, 1999
Amendments proposed by
Toby Barrett, MPP
1. Section 1 be amended by adding "without diminishing access to those
sites" at the end.
2. Section 2 be amended by striking out the definition of "heritage wreck"
and substituting the following:
"heritage wreck" includes the remains of a vessel, aircraft or any
prescribed object that is fully or partially submerged in Ontario waters and
includes the remains of the classes of wrecks prescribed by regulations;
3. Section 3 be struck out.
4. Subsection 4(1) be struck out and the following substituted:
No person shall engage in any of the following activities knowing that a
site is a marine heritage site, or that it contains a heritage wreck or
protected artifact, unless the person is specifically authorized to do so
by the terms of a licence issued under Part VI of the Ontario Heritage Act,
which applies with all necessary modifications:\
5. Paragraph 1 of subsection 4(1) be struck out and the following substituted:
Access or enter a prescribed marine heritage site, or cause an object to
enter a prescribed heritage site.
6. Paragraph 7 of subsection 4(1) be struck out.
7. Section 5 be struck out and the following substituted.
Record of wreck sites
5 The Minister shall publish in a prescribed manner, a record of marine
heritage sites known to the Minister, and shall specify in the record those
sites where the prohibition set out in paragraph 1 of subsection 4(1) applies.
8. Section 10 be amended by striking out "on the day it receives Royal
Assent" and substituting "on the day to be named by proclamation of the
Lieutenant Govenor".