Even if the find the boat, I'm not sure what law they could pin him with. Dive flags have no legal standing in Ontario. From a boaters point of view, most of the flags we fly (mine included) are nearly useless anyway. If you're downwind of the flag, you've got a 1/4" pole sticking up with a bit of flutter on it. Some of the red/yeelow inflatable floats are a little more visible, but not much better. At 6"30, looking up sun (maybe) approaching a DOCK (after all, boats tie up at docks) and not expecting divers to be underneath you.
I got a close up look (about 4 feet above me) at the bottom of a PWC yesterday. We we're ascending to check where we were, when we heard him and checked our ascent. He was about 4 fet up and about 2 feet to one side of me. (yes we had a flag out and he came from the downwind side of it, probably still never saw it).
What I worry will happen, is the government won't pass Dive Flag legislation, or improve enforcment. There a lot of influential boaters, so instead they'll take the simpler and cheaper route and legislate where and when we can dive. They'll keep us away from channels, docks, etc. Probably restrict us to Toby and chartres from places like Kingston and Brockville.