New Shipwreck Rules For Canada
- Thread starter advtech
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Mr Adams:
What is the inflight airspeed of an african swallow?
Mr. A. I figured with you being semi retired and living off your offshore oil investments you would have had all the time in the world to come down and share your point of view.
Were you there? I was ther both days and no one introduced themselves as Amobeus to the group.
Boogie711
Guest
What about "DMI" or "Extreme," Barry? Did anyone introduce themselves as either one of those?
Because those, too, would cover off our friend, Mr. Adams, here.
Because those, too, would cover off our friend, Mr. Adams, here.
Groundhog246
Contributor
My thanks to those who used their time and spent their money to represent Ontario divers in this. If this is the CANADA SHIPPING ACT, should they not be having these meetings in ALL provinces? Sounds like they'd like to do their usual routine and just change the rules and citizens be damned.
Ontario Diver
Guest
Groundhog246:
Close but not quite. This isn't a straight forward wreck issue. I made both days and was impressed by the willingness of the gov people there to both explain and be heard.
Here is a little background. They are changing 17 different sections of the Canada Shipping Act. (http://www.tc.gc.ca/regintaff/csa2001regrefsite/menu.htm )The protection of "Heritage Wrecks" is just one of the sections being changed. Changes to the Canada Shipping Act fall under the auspices of Transport Canada - but showing remarkable intelligence - they brought the Parks Service in as a partner to get something that might actually be of value.
The discussion paper can be found here http://www.tc.gc.ca/regintaff/csa2001regrefsite/HeritageWreck.htm
Anyone can make comments and submit them if they can't make one of the public discussion forms until mid spring or so. The changes will probably not become effective until 2006. (Lawyers have to modify the ideas into Legal-ese
) So read and submit comments.The first meeting took place in Vancouver a couple of days ago. Southern Ontario today, Halifax, St. John's, and then Ottawa is the rest of the tour.
Myself, I think that the discussion paper is a good start. I don't think that the people in the room had any issues with the principles that were being tossed around. The verbage was another matter. The first meeting definatley was haunted by the ghost of Bill 13. I am sure that the government folks got the message that good specific verbage needs to be used.
There is one thing that I think needs everyone's attention: the right for Canadian divers to dive on all Canadian wrecks in a non-disruptive/non-invasive manner is not specifically allowed. It isn't in the list of non-allowed activities either. So there is a bit of the "What isn't specifically allowed may be disallowed" going on. I think that the act should specify that any Canadian Diver can dive any Canadian wreck at any time - as long as the dive does not intentionally or through negligence or disregard of the site damage/remove/interfere with the wreck, artifacts, or archelogical record. Restricting access to wrecks should only be for hazardous or police issues.
OK. You all have a change to read, discuss and be heard.
Special Kudos have to go to Dan McKay. Dan did an outstanding job of representing dive charters, divers, and even fishermen
. I know for a fact that Dan gained the respect of the Parks service people and the Transport Canada people. Good on ya Dan.You've got that right groundhog246, If any of you believe this move is being done to support diving, your deeply mistaken, the prime objective of marine Archeology/ Heritage act is to prevent and preserve wrecks from any further destruction and or the removal of its artifacts before they can be studied. Its quite obvious that some one some were feels there is far to much destruction and removal going on and that he or she has set forth to set in place certain restrictions for diving on wrecks across Canada.
Mr Adams
Mr Adams
Groundhog246:
They are having meetings in all provinces. BC last week, east coast somewhere next week. The last meeting is in Ottawa. Everyone has a chance to make some input by direct mail and possibly e-mail. Information was on the bottom of the page that was put on the NDA web site. Transport Canada will accept input into the new year. Everything will be put down on paper and made available for every one to look at and recomend changes. They hope to have the final version ready for November 2006 so they are allowing time.
The New Canadian Shipping Act has already passed and it gives transport Canada control over Shipwrecks as in the past.
It gives TC the power to make and set rules. At this point, the rules section is a blank page and that's what they are working on now.
What came across at last nights meeting is that now, it's legal to remove items from wrecks as long as you turn it over to the Reciever of Wrecks. It's up to the Reciever to find out who owns it and negociate a fair salvage value. Failing that, after a year and a day, it's yours.
The UNESCO Convention is an international agreement which is designed to protect Shipwrecks from treasure Hunters and Salvors until the Heritage value is determined. It actually promotes the visitation of most Shipwrecks by recreational divers. It does however allow for the restriction of some sites that have been deemed sensitive. The Hamilton and Scourge would probably fall into this catagory. When the Convention has been ratified by 20 Counties, it becomes international law for the open seas. Currently it's only law for the Countries that have ratified it.
What we need to do is take the legal international verbage, and turn it into someting everyone can understand for the Canadian Shipping Act. Points stressed last night included things like;
New sites must be evaluated in a timely matter and opened to the public as soon as possible.
Free access to dive sites should be the norm, not the exception.
Unfortunately I was not able to attend todays meeting but hopefully I can get someone who did to write sometime up. Ian
advtech:
Are you sure about this Ian?
Question # 2:
What about wrecks being dove, that the identity of, we don't yet know?
Steve
PatH
Contributor
Ontario Diver:
I would add: "or temporarily for a newly discovered shipwreck until a proper (non-invasive) archaeological survey can be completed."
It was mentioned several times over the course of the evening by the Parks Canada reps that the current FEDERAL legislation makes it legal to remove an artifact and give it to the receiver of wrecks. This does not work in Ontario where there is different legislation in place to protect wrecks but could be in effect in other provinces.
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