Info listed here on SOS website:
The Ministry
of Culture has made changes to the Ontario Heritage Act as part of the
Government Efficiency Act (BILL 179 2002),
which received Royal Assent on November 26, 2002.
This amends legislation across government to clarify, update, streamline and improve provisions.
4 Clarify that a licence is required to alter or remove artifacts from an archaeological site (a licence is not required for normal agricultural work or routine maintenance of property)
4 Clarify that archaeological sites include marine sites
4 Simplify the Act by replacing the various terms used for archaeology with the single term “archaeological fieldwork”
4 Allow Ministry to define in regulation key terms that are not currently defined in the Act (e.g. “archaeological site”)
4 Give the Ministry the ability to put in regulation licence categories, eligibility criteria and requirements
4 Clarify that the Ministry licenses individuals, not companies or institutions
4 Specify that the activities proposed by licence applicants must be consistent with the conservation, protection and preservation of Ontario’s heritage
4 Provide the Ministry with the option to issue lifetime licences in the future
4 Take licensing forms out of regulation so they can be updated more easily
We all saw the rise and fall of Bill 13. While most people did not like the wording and saw it as being too strict and limiting to the point where there would be no diving on shipwrecks, most felt that there needed to be something more in the current laws to protect current and yet to be discovered heritage sites. This legislation addresses this requirement.
4 Archaeological sites include marine sites: Never before was this written in stone. Now it is, and prosecution can be straight forward.
4 Licence is required to alter or remove artifacts: While this is understood and practiced by most, there are always those few who think "finders keepers" or who are careless. Divers must not disturb silt by fanning, must not remove Zebra Mussels, and must not move or remove artifacts from an archaeological site. And most importantly must not damage (alter - intentionally or unintentionally) a site using an anchour, pry bar, lift bag, hands, or anything else.
4 Define in regulation key terms (e.g. “archaeological site”): What is and what is not considered to be marine archaeological site - You can bet on: Shipwrecks, Debris fields from maritime disasters, Garbage dumps off land or islands including pre-historic middens (or First Nations debris), Historical docking areas and/or anchourages, and Past shipbuilding and industrial sites by water just for starters...
4 Ministry licenses individuals: This was not always clear. It is incumbent upon the licensee to ensure that everyone on the project adheres to the approved plan and license conditions making them personally responsible and not an entity.
4 Option to issue lifetime licences: Great for SOS Project Directors where work is carried on year after year without having to re-apply yearly.
Heritage resources are non-renewable. When a railing is ripped off a wreck because of careless anchouring, it's gone from its original position forever. When a pump is removed and brought home to display to your friends, it is essentially gone forever (viewable to a few, missed by 1000's). And what happens to this pump when you get tired of it or the rust stains the carpet? Eventually Garbage! Now totally gone forever. Same goes for anchours... Where do they end up after being on a lawn for 20 years? Rusted, Disintegrated, then Buried to get rid of an eye sore.
The solutions are simple. Leave it there for everyone to enjoy. Some sites see over 100 divers a day. Some have 100 divers on a popular site at once! There is no validity to the old phrase Finders Keepers, in Ontario or in NY State as well as most other places.
1) LEARN TO DIVE RESPONSIBLY - How to dive on Heritage sites is not taught in most basic SCUBA training courses. Low Impact Diving is the simple solution and available through PADI as a Distinct Specialty. ACUC cover some of this in basic and specialty scuba classes. Hopefully other agencies will also cover Low Impact Diving standards or offer a specialty.
2) SOS has a video called What Will happen to Baby Jane that is available and discusses many reasons how and why to dive responsibly.
3) What do you do when someone you dive with alters or takes something from a site? Convince the person to not do that and/or put it back - NOW! Peer pressure is the best way to teach people that haven't figured it out for themselves yet. If that doesn't work let SOS help !
4) Dive with a purpose, Dive to Preserve! If you would like to adopt a wreck and help ensure that it stays in good shape we would be happy to welcome you aboard. Simply contact your Regional director or Local chapter of SOS.
An Act to
promote government efficiency and
to improve services to taxpayers by amending
or repealing certain Acts and by enacting one new Act
EXTRACT from SCHEDULE F:
...
(27) Subsections 48 (1) and (2) of the Act are repealed and the following substituted:
Licence, activity on archaeological sites
(1) Subject to subsection (2), no person shall do any of the following unless the person applies to the Minister and is issued a licence under this Part that allows the person to carry out the activity in question:
1. Carry out archaeological fieldwork.
2. Knowing that a site is a marine or other archaeological site, within the meaning of the regulations, alter the site or remove an artifact or any other physical evidence of past human use or activity from the site.
...
70. The Lieutenant Governor in Council may make regulations,
...
(50) Clause 70 (f) of the
Act is repealed and the following substituted:
...
(h) defining "archaeological fieldwork", "archaeological site", "artifact", "cultural heritage" and "marine archaeological site" for the purposes of this Act and the regulations.
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