To PADI's Québec Members
A legislative framework to regulate recreational diving in Québec, first conceived some five years ago, has now come into effect.
The new rules state that, beginning April 1, 2002, in addition to whatever certifications they may hold from recognized dive training agencies, all recreational divers in Québec, including technical divers, must obtain a certificate issued under the authority of the Fédération québécoise des activités subaquatiques (FQAS) certifying the level for which they are qualified to dive. In addition, they will be prohibited from making dives beyond that level. Similarly, anyone providing dive instruction in Québec must obtain a certificate issued under the authority of the FQAS certifying the level for which they are qualified to give instruction and they will be prohibited from giving instruction at a higher level. These basic legal restrictions, found in the Québec Act Respecting Safety in Sports, (Loi sur la sécurité dans les sports) will be implemented through the government-approved By-law respecting qualifications for recreational underwater diving (Règlement sur la qualification en plongée subaquatique récréative), which also became effective on April 1, 2002. The new rules also apply, although with some differences, to divers and instructors qualified outside Québec who wish to carry on their dive activities in Québec.
Before these rules were finalized, PADI became actively involved in sustained, direct efforts to persuade the Québec government that the objective of safety in recreational diving, which PADI has embraced since its beginnings, could best be promoted by relying as much as possible on existing structures and certification procedures of PADI and other reputable, internationally recognized training agencies, which have been validated by decades of experience. In a formal brief submitted to the government two years ago, PADI thoroughly reviewed the issues and made a number of specific recommendations both on administrative and substantive levels regarding the then-proposed new rules. Before the final adoption of the By-law, PADI presented what it considered to be convincing arguments to the government's representatives and believed that the government was favourably disposed to many of PADI's views. In the result, PADI regrets that the Québec government did not accept its views to a greater extent.
The new rules are the culmination of a process that began more than five years ago with recommendations made by Québec coroner Denis Boudrias in a series of reports on dive fatalities in Quebec. In 1997, provisions relating to recreational dive safety were added to the Act Respecting Safety in Sports (Loi sur la sécurité dans les sports). The effect of the new provisions was suspended, however, until a government-approved by-law could be adopted which would provide for the determination of levels of qualification for divers and instructors, the content of qualifying examinations and the issuance of certificates resulting from such examinations. All of these matters were to be the responsibility of a government-designated non-profit organization established for the purpose of ensuring the safety of divers. In 1999, the Québec government designated the FQAS to be the organization responsible for implementing this new system of regulation. Subsequently, in March 2000, after consultations between the government and the FQAS, a draft by-law was published for comment by interested parties.
At that time, PADI hired well-known Montreal law firm Heenan Blaikie and its counsel, former Québec prime minister and justice minister, Pierre Marc Johnson, to assist PADI in preparing a brief to the Québec government commenting on the draft by-law. PADI invested considerable time and effort in preparing its comments and made a substantial number of recommendations in its brief regarding changes to the draft by-law. A complete copy of PADI's brief may be found on the PADI member Web site. Following the submission of PADI's brief in May 2000, PADI and its representatives were able to speak with all the key Québec government representatives involved in the file, including the ministers responsible for the legislation. Although the government did not accept all of the recommendations made by PADI, the final changes to the By-law did give effect to some of the points raised by PADI.
At this time, the government has assured PADI that the implementation of the new rules will be followed closely and that the government will be open to making readjustments dictated by experience. Accordingly, we would strongly urge our members to relay to PADI any information they may have regarding their experience with the new rules so that we may be in the best position to make further comments to the Québec government at the appropriate time.
At present, PADI does not have information regarding details of the procedures which the FQAS intends to follow to implement the new rules. PADI, accordingly, refers its members to the FQAS for further information in this connection. The FQAS can be reached at 4545, ave Pierre-De Coubertin, C.P. 1000, Succursale M, Montréal, Québec; Telephone: (514) 252-3009; Fax: (514) 254-1363; e-mail (courriel):
plongee@fqas.qc.ca; Internet:
http://www.fqas.qc.ca.
