During the October 4, 2000 meeting of the Standing Committee Mr. Barrett proposed a second set of amendments to Bill 13. It should be noted that he has some of the wording which he had previously deleted in his first set of amendments.

1- Section 1 to be amended by adding "without diminishing access to those sites" at the end.

2-Section 2 be amended by striking out the definition of "Heritage  Wreck" and substituting the following; "heritage wreck" includes the remains of a vessel, aircraft or any other prescribed object that is fully or partially submerged in Ontario waters and includes the remains of the classes of wrecks prescribed by regulations;

3- Section 3 be struck out

4- Subsection 4(1) be struck out and the following substituted: No person shall engage in any of the following activities knowing that a site is a marine heritage site, or that it contains a heritage wreck or protected artifact, unless the person is specifically authorized to do so by the  terms of a license issued under Part VI of the Ontario Heritage Act, which applies with all necessary modifications:

5- Paragraph 1 of subsection 4(1) be struck out and the following substituted: Access or enter  prescribed marine heritage site, or cause an object to enter a prescribed heritage site.

6- Paragraph 7 of subsection 4(1) be struck out

7- Section 5 be struck out and following substituted: Record of wreck sites

5. The Minister shall publish in a prescribed manner, a record of marine heritage sites known to the MInister, and shall specify in the record those sites where the prohibition set out in paragraph 1 of subsection 4 (1) applies.

8- Section 10 to be amended by striking out "on the day it receives Royal Assent" and substituting " on the day to be named by proclamation of the Lieutenant Governor".

Below is the way that Mr. Barrett would like Bill 13 read. All discussions before the Standing Committee are based on the original wording of the Bill when it passed second reading. It is up to the Committee to decide if they want to accept these or any other changes.  The proposed changes are in red.
 

Bill 13 1999


An Act to preserve Ontario’s marine heritage and promote tourism by protecting heritage wrecks and artifacts

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as
follows:

Purpose

1. The purpose of this Act is to enhance the protection and preservation of Ontario’s marine heritage resources and to
promote responsible exploration of marine heritage sites, without diminishing access to those sites

Definitions

2. In this Act,

     "heritage wreck" includes the remains of a vessel, aircraft or any other prescribed object that is fully or partially submerged in Ontario
       waters and includes the remains of the classes of wrecks prescribed by regulations;

     "marine heritage site" means the site of a heritage wreck and its associated debris area and the parts of the
     lake or river bed that are under them and includes any other parts of the lake or river bed that have been
     modified as a result of the sinking of the wreck, or as a result of subsequent sedimentary processes; ("aire
     marine à valeur patrimoniale")

     "Minister" means the member of the Executive Council to whom the administration of this Act is assigned
     by the Lieutenant Governor in Council; ("ministre")

     "prescribed" means prescribed by the regulations made under this Act; ("règlements")

     "protected artifact" means an object in a marine heritage site that was part of a vessel or aircraft that is a
     heritage wreck or that was in or on the vessel or aircraft before it sank. ("artefact protégé")

Ownership

3. Section Struck Out.

Prohibitions

4. (1)No person shall engage in any of the following activities knowing that a site is a marine heritage site, or that it contains a heritage wreck or protected artifact, unless the person is specifically authorized to do so by the  terms of a license issued under Part VI of the Ontario Heritage Act, which applies with all necessary modifications:

     1. Access or enter  prescribed marine heritage site, or cause an object to enter a prescribed heritage site.

    2. Move part of a heritage wreck.

     3. Remove silt or other naturally occurring substances in a marine heritage site.

     4. Remove a protected artifact from a marine heritage site.

     5. Damage a heritage wreck or a protected artifact.

     6. Take any other action that alters or adversely affects, or is likely to alter or adversely affect a marine
     heritage site, a heritage wreck or a protected artifact.

     7. Section Struck Out

Exception

(2)?Subsection (1) does not apply at such marine heritage sites as may be prescribed but only with respect to such
activities at those sites as may be prescribed.

Seizure of property

(3) A person having the power and authority of a member of the Ontario Provincial Police Force may seize a vessel
or equipment which the person believes is being used or has been used to contravene this Act.

Record of wreck sites

5. The Minister shall publish in a prescribed manner, a record of marine heritage sites known to the MInister, and shall specify in the record those sites where the prohibition set out in paragraph 1 of subsection 4 (1) applies.

Discovery of evidence

6. A person who finds physical evidence that a site is likely a marine heritage site which is not listed in a record
published under section 5,

     (a) shall not do anything that may alter or adversely affect the site; and

     (b) shall notify the Minister of the nature and location of the evidence and the site as soon as possible.

Offence

7. (1) Every person who contravenes subsection 4 (1) or does not comply with section 6, and every director or officer
of a corporation who knowingly concurs in the contravention or failure to comply, is guilty of an offence and on
conviction is liable,

     (a) if the person is an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more
     than one year, or to both; or

     (b) if the person is a corporation, to a fine of not more than $250,000.

Forfeiture

(2)?The court may also order that any vessel or equipment used in the commission of the offence be forfeited to the
Crown in right of Ontario.

Factors

(3)?The court may take into account the following factors in deciding upon a penalty under subsections (1) and (2):

     1. The degree of damage to a heritage wreck or protected artifact, if any, caused by the person.

     2. Whether the person acted for profit.

     3. Whether the person has previously been found guilty of an offence under this Act or the regulations.

     4. Such other factors as the court may consider appropriate.

Regulations

8. The Lieutenant Governor in Council may make regulations in respect of such matters as are referred to in this Act
as being prescribed.

Crown prerogative

9. This Act shall not be construed to derogate from any Crown prerogative.

Commencement

10.?This Act comes into force on the day to be named by proclamation of the Lieutenant Governor..

Short title

11.?The short title of this Act is the Ontario Marine Heritage Act, 1999.

                             EXPLANATORY NOTE

The Bill creates a new Act, the Ontario Marine Heritage Act, 1999.

Under the new Act, the Crown is the owner of every abandoned wreck sunk in waters on Crown land in Ontario that has been submerged for more than a
prescribed period of time. These wrecks are called "heritage wrecks" in the Act.

The new Act defines "marine heritage site" and prohibits anyone who does not have a licence under the Ontario Heritage Act from entering a heritage
wreck or damaging or removing a heritage wreck or a protected artifact. The new Act creates an obligation to notify the Minister of evidence of a marine
heritage site. The Minister must publish a record of marine heritage sites known to the Minister.
 

Return to NDA's Bill 13 page