Ontario Diver:
An object is usually not considered "abandoned" until the owner has relinquished (sp?) ownership usually by inaction (not looking for it or salvaging it) or by action (Claiming insurance or writing the boat off) .
For example, you sink your favourite dive boat. The boat, in 400 fsw
; is still yours. You put in a claim with the insurance company and they pay. Now the boat is thiers. As long as they look for or make plans to salvage the boat, it is still thiers. If they write off the asset for tax purposes, they have abandoned it. If they cease looking for it, they have abandoned it. The time frame seems to be "in the court's eye" about how long it is. I have not seen anything that lays out a specific time but have seen references to it in a number of articles.
Then of course things get interesting....As I understand Algoma was paid off for the Jodrey - but I heard that they still are getting nailed for "clean up" work on her.....
The problem in Ontario and elsewhere is that no one knows (Government and police) what is enforceable and what is not.
Back in the days when Bill 13 was a possibility, there was a tremendous amount of outrage as to what the Ontario Government was trying to jam down our throats. The idea was good, but the way it was worded, could have stopped all wreck diving in the province. During the hearings, a number of points were brought up, such as the fact that Ontario had no juridiction over shipwrecks. The Standing committee was to have the provinces legal deptment look into the canadian shipping act which being Federal whould take presidents. The Bill was not going to pass as written and it was aggreed that more input was needed from the listed stakeholders. The Goverenment changed and the Bill died.
Guess what? New Goverenment. Bill 179. As a "housecleaning" bill, essentially an addition to an existing one, no public hearings were required. Most of the proposed Bill 13 material was added to the existing Ontario Heritage Act. No talks with Stakeholders as promised by the previous Goverenment. No investigation by the Provinces Legal Dept. So now we have a law that police don't (or can't) want to enforce because if it goes to court it can be argued that the Federal Act takes president.
As far as the Atlantic, there was never any ban on diving the site, even during the court case. For those that took the time to read the judges injuction, it prevented the parties in the hearing from diving the site without the others permission.
A number of people were diving the site on a regular bassis. It was requested that we notify the OPP before doing so, but we were never stopped.
As far as ownership of the Atlantic, it became the Provinces mainly because Mike, who was looking at several hundred thousand dollars in legal fees decided to partner with the province part way throught the case. If he had of held out, he could well have become the owner under Federal law. This was something he was not interested in number one, or prepared to risk loosing and paying number two. He started the courtcase to protect the wreck from an American Salvage company which was sometiming the Feds as well as the Province didn't seem to want to do. Ontario entering the case seemed almost an afterthought on their part. The ruling has never been contested in Federal Court.
For those that are too young or too new to remember Bill 13, there is still information listed at the following web site including all the transcripts of the hearings.
http://www.vaxxine.com/nda/bill13.htm
If you have a hard time getting to sleep some night, this should help. Ian
