Divers 1 - Government Legislation 0

Bill 13- Dead For Now


Below is an e-mail reply to one of my requests to Mr Barrett's office requesting the current status of Bill 13 as we had wanted to give an update at the Shipwrecks/2001 Symposium. Bill 13 as we know it is dead. We will continue to be on the lookout for any new attempts by government to restrict recreational scuba diving in Ontario in the future.

I would like to thank all who took the time to write, phone, and e-mail their local MPP's and Government Offices to voice their concerns. The BILL 13 OUTCRY set a new gauge for public reaction by which Queen's Park can judge its policies.
 
 

From: "Barrett, Toby" <toby_barrett@ontla.ola.org>
To: "'marshall@vaxxine.com'" <marshall@vaxxine.com>
Subject: Bill 13 - Update
Date: Thu, 22 Mar 2001 12:02:11 -0500

Mr. Marshall:

We are in receipt of your March 11th e-mail to Toby Barrett requesting information on Bill 13 - the Marine Heritage Act

As you are aware from Mr. Barrett's letter of November 10, a number of groups present at the Committee Hearings in November expressed an interest in working together towards a consensus on how to best achieve the goals of Bill 13 in terms of preserving marine heritage while continuing to promote tourism in the recreational dive industry.

As indicated in Mr. Barrett's letter - consensus must come from the marine heritage/dive community.

Earlier this month, the First Session of the 37th Parliament of Ontario was prorogued.  As a result, bills not yet passed - including Bill 13 - are terminated.

Mr. Barrett will be sending an update to all those on the Bill 13 mailing list.

Thank you for writing and best wishes for a successful symposium on March 24.

Dave Britnell
Special Assistant to Toby Barrett, MPP
 
 

Bill 13

NDA Webmaster's Note:

Bill 13 (Ontario Marine Heritage Act,1999) went through its first reading November 13th and its second reading November 25th. It is now before the Standing Committee prior to third reading where it then becomes law. It is stated that this is An Act  to preserve Ontario's marine heritage and promote tourism by protecting heritage wrecks and artifacts.

This Bill at first glance appears not to be that bad a piece of legislation, and most would agree that our heritage should be protected. However, when direct questions (to Toby Barrett, the MPP initiating the Bill) as to what is Bill can do, and when the lawyers explained the legaleze, this Bill can end diving in Ontario as we know it, and in no way possible can it promote tourism.  This Bill is not even law yet, and some charter operators and dive centers are already experiencing concerns and canceled charters because of it.

When this Bill was stumbled upon after second reading, divers started to be notified (thank God for e-mail), letters written to MPP's, and a meeting was held by the Ontario Underwater Council where concerned divers, shop owners and charter operators met and had discussions with a lawyer who specializes in Admiralty and Shipwreck law. His opinion of the Bill is that "This is one of the worst pieces of legislation ever written; It is the opposite of freedom. It takes away all your rights as divers and only promises to tell you what you might be allowed to do in the future" The Niagara Divers' Association has sent out letters informing over 1000 Ontario divers about the Bill and so have other Ontario Clubs. Please read all the following links and decide for yourself .

It's been a long time, but the Standing Committee finally started discussion of this Bill.  Oct 4, 2000 was the first date, and a total of five witnesses made presentations.  Mr. Barrett also recommended a new set of amendments. It is interesting to note that this second set of amendments replaces some of the wording which was removed with the first set. The actual discussion is on the Bill as it read when it passed second reading.  It is up to the Committee to decide if it wants to accept Mr. Barrett's amendments or any other recommendations presented. Oct 11, 2000 was the second day of hearings and another 12 witnesses were heard from.
 

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