anyone in Ontario know about salvaging laws

[Rooster1]

Boat went down yesterday. American built Boston whaler. The radio broadcaster wasn't even finished getting the story out and I was already licking my chops! What exactly are the laws in Ontario as far as ownership, salvaging, and the time lines and legal mumbo jumbo?? Waters around here are littered with small vessels a new one last year, but a Boston Whaler is not to be missed.

 

[Groundhog246]

I believe they remain the property of the insurer (if insured) unless they declare it abandoned. Not sure how much it's enforced, but I thought anything anything with fossil fuels is supposed to be removed post haste. I know of a guy got hooked for major dollars when his truck went through the ice. Truck was only worth a couple of grand, insurance didn't cover "off-roading" so he got stuck with a several thousand $$ salvage bill.
I thought Bostom Whaler's were foam filled and unsinkable.

 

[Tom R]

You're best to ask a commercial diving company. If anyone knows they would.

 

[Rooster1]

I thought Bostom Whaler's were foam filled and unsinkable.

exactly, that is one reason we are very curious. These boats are not supposed to sink kinda like Zodiacs. But it did with no lives lost thank God. Most boats this size that sink around here are not brought up, usually abandoned. There has been three that had to be brought up in the last few years. The pilot boat in Detroit (financial reasons) charter boat last year(obstructing marina traffic) and a sailboat in lake St.Clair (navigational hazard)
A runabout sank in the Detroit river last year and never heard anything about it coming up just like the rest that are down there.

 

[Mr Adams]

Hi

Don't think for one minute that you won't be charged with theft if your caught trying to remove that boat, there's paper work to be processed by the owner with his/her insurance company and the sinking will on file with the local marine unit of that area. "NOT" until you have purchased the salvage rights from the insurance company or have been hired to remove the boat can you touch it, this is the law in Canada. Now if your like me one who likes to lift and move items of interest to other locations until a later safer date, I strongly suggest before you attempt anything that you be properly trained to do so, I can tell you many stories of scuba divers/police officers and goverment officials who have tried to do the job of trained commercial divers only ending up hurt and or killed.

Happy lifting

Mr A

 

[Ontario Diver]

Mr A is right as usual.

A sunken wreck is always owned by someone. It is owned by the original owner until the insurance is paid. Once the insurance is paid, it is owned by the insurance company until title is abandoned either by not making any salvage attempts, attempts to finding the wreck or writing it off thier books. Then it is owned by the Gov. of Canada.

There are legal implications to finding a wreck... Check out section 436 of the Canadian Shipping act. http://www.tc.gc.ca/acts-regulations/GENERAL/C/CSA/act/parts/part-vi.html

 

[Groundhog246]

OD, that's good reading. For example 426. (1) When any Canadian or foreign vessel is wrecked, stranded or in distress at any place within Canadian waters or on or near the coasts thereof, a receiver of wrecks shall, on being made acquainted with the wreck, stranding or distress, forthwith proceed to the place, So if you find a wreck, you must report it to the nearest Receiver of Wrecks, which is usually the closest customs office (section 424. (1) & (2)) who must immediately attend.

 

[Ontario Diver]

Yeah Groundhog, and note the penalty for not notifying the reciever of the wreck....

(3) If any person who has taken possession of a wreck without reasonable cause fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding four hundred dollars, and, in addition, to a fine equal to double the value of the wreck, and he forfeits any claim or right to claim salvage relating to the wreck.

Now I ain't quite worried about the $400, but the twice value amount could get nasty......I wonder if that is "open market" value, Salvage value or (GASP!) historic value?

 

[Groundhog246]

But what if you didn't actually "take" the wreck (it's not so easy to put a wreck in your BC pocket ), but just sorta looked it over and left. They might have a hard time proving you possessed it? Of course if you lifted the Whaler that started the thread, it'd definitely be a case of "possession". Now there's not much historic value to a Whaler (unless maybe it's the only one ever sunk, them being 'unsinkable'), and it's salvage value may not be much, but would it be depreciated value or replacment cost?