This is a direct reprint from the Ontario Government's web site.
Sections in red
represent the proposed amendments by Toby Barrett as per his March
1, 2000 letter.
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.
Definitions
2. In this Act,
"heritage wreck" means the abandoned
remains of a vessel, aircraft or any other prescribed object that is
fully or partially submerged
in waters on Crown land in Ontario and has been so submerged for a period
of
time prescribed by regulation;
("épave à valeur patrimoniale")
"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. The Crown in right of Ontario owns every heritage wreck and protected artifact.
Prohibitions
4. (1)?No person shall engage in any of the following
activities unless the person is specifically authorized to do so
by the terms of a licence issued under Part VI of the
Ontario Heritage Act:
( Delete) 1. Enter a heritage wreck, or cause an object to enter a heritage wreck.
2. Move part of a heritage wreck.
(Delete) 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.
(Delete) 7. Any other activity specified in regulation.
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 manner prescribed
by regulation, a record of marine heritage sites known to the
Minister.
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 it receives Royal Assent.
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
(delete) 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.