PROVINCE PUTS A STOP TO THE CREATION OF SHIPWRECKS FOR DIVERS
Plans for the creation of an underwater artificial reef in Lake
Erie have been put on hold after an Ontario government ministry refused
to sanction the sinking of a shipwreck. Scuba groups including the
SOS and the Port Dover based Save Ontario Shipwreck chapter have been planning
for over a year to put a boat on the bottom of the lake.
“We have received legal advice that warns us that the Province could be held responsible for any accidents resulting from divers visiting the wreck,” explained Doug Unsworth, a Ministry of Natural Resources Regional Lands Specialist, who is based in Peterborough. “We are not approving any (sinkings) until we have investigated what our legal position is.”
The Port Dover area is already rich in shipwrecks and there are several dive charters and active scuba clubs visiting these wrecks on a regular basis throughout the summer and fall. The SOS is hoping that by sinking a ship they will create a wreck site that will take pressure off popular sites and create a bad weather dive site for when conditions will not allow boats to get out into Lake Erie proper.
Last summer two Ontario communities – Tobermory and Prescott – created artificial reefs for the dive community. To date, the new wrecks in Georgian Bay and the St. Lawrence River have increased the number of divers visiting the towns.
“We haven’t heard of any complaints from Tobermory or Prescott and to my knowledge there has never been a lawsuit involving the Province and an underwater wreck diving accident; however, that doesn’t mean there couldn’t be one,” continued Unsworth. “We haven’t looked at what any other jurisdictions are doing about diver liability…yet. We will be looking at the whole issue of liability over the next three months. Until that review is completed we will not (be green lighting any wreck sinkings).”
The decision by the Ontario Ministry of Natural Resources to deny requests to place structures on lake bottoms and riverbeds for the purpose of scuba diving has a Port Dover scuba club upset. They recently sent DIVER Magazine an e-mail outlining their concerns about the government decision.
“The issue was discussed at their Provincial Lands Forum meeting in December and due to Legal Service’s concerns about liability, it was decided that their concerns about divers being injured and the possibility of them being sued outweighed the benefits of divers using the structures on Crown lands,” wrote the Long Point Divers scuba club. “If left unchallenged, this decision will effectively stop the development of diving tourism in our area. I’m sure areas such as Brockville and Goderich (who are also in the midst of sinking vessels) will be severely affected by this decision.”
“There are already hundreds of shipwrecks on the bottom of the lake,” commented Unsworth. “This decision won’t leave divers without a place to dive.”
Unbeknownst to Unsworth, the Provincial Government is currently studying a private member’s bill that if passed in its current state, will severely restrict divers’ access to shipwrecks. The marine heritage bill (Bill 13), now in its second reading, proposes severe fines for any diver who so much as disturbs the silt inside a heritage wreck.
Ironically Bill 13 has been launched by Toby Barrett, the Progressive Conservative member for the Port Dover region. Barrett reportedly took the advice of some of the very divers promoting the creation of an artificial reef, when he wrote his controversial bill!