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Post by rawchez on Dec 21, 2016 10:01:07 GMT -5
Been looking around at the different Canadian Acts and statutes that may prohibit the use of a fountain on a lake in the winter. The Navigation Protection Act says: (I've cut and pasted pertinent parts below and I've added my annotations in bold, and yes, Lake Simcoe is covered as a navigable water under the Act):
Under Section 3:It is prohibited to construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule except in accordance with this Act or any other federal Act. A 'work' is defined as:any structure, device or thing, whether temporary or permanent, that is made by humans. -Also-
Under Section 15(3) it says:Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.
The definition of an obstruction in the Act includes:...any thing, that obstructs or impedes navigation or renders it more difficult or dangerous... Under Section 40 - Offences and Punishments, it says in regard to contravening Section 3 and 15(3) i.e., the ones summarized above:Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person (a) contravenes section 3; (b) does not give the notice required under subsection 5(1) or (9) or 12(1) or paragraph 15(1)(a); (c) contravenes subsection 6(5), 9(4), 10(2) or 15(3), section 21, 22, 23 or 35 or subsection 37(1) or (2); Soooo....The Navigation Protection Act falls under the responsibility of Transport Canada but it is not clear who needs to be contacted and how one can proceed with following up on contraventions. Maybe a letter/notice to a regional office? What you you think?
BTW- the entire Act is at: laws-lois.justice.gc.ca/eng/acts/N-22/index.html. Just don't plan to read it before bedtime unless you want to fall asleep quickly. |
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Post by wishinlwasfishin on Dec 21, 2016 10:31:07 GMT -5
Been looking around at the different Canadian Acts and statutes that may prohibit the use of a fountain on a lake in the winter. The Navigation Protection Act says: (I've cut and pasted pertinent parts below and I've added my annotations in bold, and yes, Lake Simcoe is covered as a navigable water under the Act):
Under Section 3:It is prohibited to construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule except in accordance with this Act or any other federal Act. A 'work' is defined as:any structure, device or thing, whether temporary or permanent, that is made by humans. -Also-
Under Section 15(3) it says:Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.
The definition of an obstruction in the Act includes:...any thing, that obstructs or impedes navigation or renders it more difficult or dangerous... Under Section 40 - Offences and Punishments, it says in regard to contravening Section 3 and 15(3) i.e., the ones summarized above:Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person (a) contravenes section 3; (b) does not give the notice required under subsection 5(1) or (9) or 12(1) or paragraph 15(1)(a); (c) contravenes subsection 6(5), 9(4), 10(2) or 15(3), section 21, 22, 23 or 35 or subsection 37(1) or (2); Soooo....The Navigation Protection Act falls under the responsibility of Transport Canada but it is not clear who needs to be contacted and how one can proceed with following up on contraventions. Maybe a letter/notice to a regional office? What you you think?
BTW- the entire Act is at: laws-lois.justice.gc.ca/eng/acts/N-22/index.html. Just don't plan to read it before bedtime unless you want to fall asleep quickly. Good job with the research. Maybe a lawyer should be contacted to see how we can proceed with the removal of that butt stain and his pump. |
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Post by peter on Dec 21, 2016 11:31:52 GMT -5
I have forward this info to Rob Nicole care of Town Of Innisfil as he is a member of the cbfb ,if he does not act will take the next step.
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Post by peter on Dec 21, 2016 13:32:24 GMT -5
Might help if more of you mail the town care of Rob Nicole just to make sure he responds . innisfil.ca/contactus |
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Post by robg on Dec 21, 2016 14:05:39 GMT -5
Speaking of the good Councilor. I hope that everybody here remembers what his response was last year, and I hope the CBFB will not endorse his re-election.As a resident of Innisfil, he has definitely lost my vote. ARE YOU LISTENING MR COUNCILOR?
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Post by peter on Dec 21, 2016 14:35:49 GMT -5
Just got a responce from the town , there forwarding my comments to Rob Nicole ,we are expecting an answer from him one way or another ,in the mean time keep sending emails and lets keep the ball in there court .
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Post by rawchez on Dec 21, 2016 17:07:32 GMT -5
Thanks Peter, I agree - need to keep on the counselor There is also a Transport Canada regional office in Ontario that appears to deal with Navigation Protection. I plan to get in touch with them, but would like it if someone could send me a photo or two of the fountain/pump thingy. If you have a photo PM me please.
Thanks.
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Post by ScubaSteve on Dec 21, 2016 17:22:15 GMT -5
Been looking around at the different Canadian Acts and statutes that may prohibit the use of a fountain on a lake in the winter. The Navigation Protection Act says: (I've cut and pasted pertinent parts below and I've added my annotations in bold, and yes, Lake Simcoe is covered as a navigable water under the Act):
Under Section 3:It is prohibited to construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule except in accordance with this Act or any other federal Act. A 'work' is defined as:any structure, device or thing, whether temporary or permanent, that is made by humans. -Also-
Under Section 15(3) it says:Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.
The definition of an obstruction in the Act includes:...any thing, that obstructs or impedes navigation or renders it more difficult or dangerous... Under Section 40 - Offences and Punishments, it says in regard to contravening Section 3 and 15(3) i.e., the ones summarized above:Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person (a) contravenes section 3; (b) does not give the notice required under subsection 5(1) or (9) or 12(1) or paragraph 15(1)(a); (c) contravenes subsection 6(5), 9(4), 10(2) or 15(3), section 21, 22, 23 or 35 or subsection 37(1) or (2); Soooo....The Navigation Protection Act falls under the responsibility of Transport Canada but it is not clear who needs to be contacted and how one can proceed with following up on contraventions. Maybe a letter/notice to a regional office? What you you think?
BTW- the entire Act is at: laws-lois.justice.gc.ca/eng/acts/N-22/index.html. Just don't plan to read it before bedtime unless you want to fall asleep quickly. Remember the progress made last year, the owner of the bubbler is responsible if someone falls in, he would be persecuted. I think the best course of action would be to ask the city to make him purchase floating red light indicators to mark the outer edge of open water, so that no person walking or sledding will accidentally fall in. Rather than shelling out thousands for specialty marker bouy's/floating indicators he may choose to remove the bubbler. According to the law (see Section 263(1) of the Criminal Code of Canada), if you make an opening in the ice, you’re under “a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident…” If someone were hurt after falling through an unmarked hole made by your neighbour’s bubbler, your neighbour could be charged with assault; if the person were to die, your neighbour could be charged with manslaughter. (And let’s not forget about civil litigation and potential wrongful death lawsuits.) cottagelife.com/environment/dock-bubbler |
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Post by ScubaSteve on Dec 21, 2016 17:31:11 GMT -5
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Post by newby007 on Dec 21, 2016 17:33:22 GMT -5
No wonder things have escalated. With Rob Nichol by his side he's probably laughing at all the postings here. I remember last year when we did the same thing, forwarding a number of concerns to the councillor, with no result. You think anything has changed about Mr Nichol's attitude since last year ? I still firmly believe that this Mr Nichol is a corrupt politician in a small canadian community. And this is ONLY my opinion. Some of the folks on this board know him personally and might have a different opinion. I do not hence i base my view on my email communications with him last year.
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Post by wishinlwasfishin on Dec 21, 2016 18:57:11 GMT -5
Your not the only ones. I have friends and family in the Innisfil area and they despise him also. But I guess he's got more support than haters unfortunately
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Post by robnicol on Dec 21, 2016 21:41:37 GMT -5
Good evening gentlemen, it appears that you guys are all fired up again for some reason. Since nothing has officially come to my attention through the proper channels except for something from customer service with part of the Navigation Protection Act submitted by Peter for me or some form of the spelling of my last name... I thought I would reach out to you all on Peter’s site to see what all the commotion, allegations and accusations are in regards to? As the title of this discussion is “fountain” I’m guessing that you are concerned about that again even though we barely have enough ice for anything yet. If any of you are taxpaying residents of the Town of Innisfil and have any constructive suggestions, concerns or questions, I am more than happy to address them in a mutually respectful way. Unfortunately, there appear to be too many “keyboard heroes” who hide behind their monitors and have no fear and frankly no respect with the rhetoric they type or the implications of it. I had already confronted Peter and Mickey personally at their door last season and instructed them, “If you have an issue, speak to me personally don’t just chirp off”. So, again I offer, if you have legitimate issues that are within the town’s jurisdiction I will try to assist. But, if you keep grasping at straws to find some form of legislation to continue this, clearly I am not able to help. So what I will try not to do is to jump to any hasty generalizations either but, as I know many of you are American tourists who are known for their propensity for legal action, I thought it would be appropriate to provide some of Ontario’s laws with regards to the allegations I read in this post. Defamation & Libel in Ontario; The act of harming the reputation of another by making a false statement to a third person…A false written or oral statement that damages another's reputation. More specifically, a defamatory statement is defined as: A statement that tends to injure the reputation of a person referred to in it. So, to try and address your individual comments and if I missed one let me know... Newby007 You and everyone here can all be assured that I am not a “corrupt politician” for more than a few reasons that I would be more than happy to elaborate on if you wish but please read the defamation & libel passage above before you write such unfounded statements again, wishinIwasfishin, “Despise” is a pretty strong word for someone who has never met me, sorry to hear that but again I can take constructive criticism if needed and would be happy to meet to better understand the Innisfil resident’s concerns, RobG, sorry to lose you vote and truthfully, I didn’t know that I was backed by CBFB because I ran on my own merits but, just as last year, if the town had jurisdiction where I or we could address your concerns then I or we would do that. Lastly as I really don’t monitor this or many other sites regularly, if you truly have issues that you would like me to help address I can be reached officially by email at [email protected]Have a great season, pick up your trash, use our new receptacles, watch where you park since we have changed the fines and towing protocol and just stay warm, dry and safe. Thanks Rob Nicol |
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Post by newby007 on Dec 21, 2016 22:09:07 GMT -5
Feel free to take legal actions as you wish Mr Nichol. You have my personal information and my name for any such actions. Last time i checked we live in a free country with something called "freedom of speech". Maybe the way you run your town suits you and your supporters well. I immigrated to Canada a long time ago to get away from people like yourself. I have been living by the rules and laws of my new home for 18 years now and trust me the threats of a small town politician mean nothing to me. I am entitled to my own opinions which i can express them freely wherever i find fit and i am not forcing them on anyone around me. Take my criticism as you wish. Outside of the Town of Innisfill you and me are EQUAL in front of any court or any other form of government you want to throw at me or anyone else on this board that does not share your views.
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Post by seahawk on Dec 21, 2016 22:13:58 GMT -5
Ur a joke rob nickel. Do ur job, citizen or not we have the right to voice our concern. If u don't like the hassle of dealing with this get a new job
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Post by KARL on Dec 21, 2016 22:40:01 GMT -5
Thanks Peter, I agree - need to keep on the counselor There is also a Transport Canada regional office in Ontario that appears to deal with Navigation Protection. I plan to get in touch with them, but would like it if someone could send me a photo or two of the fountain/pump thingy. If you have a photo PM me please. Thanks. Blue Ice is promoting Pumpman. |
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Post by robg on Dec 21, 2016 22:40:55 GMT -5
Good evening gentlemen, it appears that you guys are all fired up again for some reason. Since nothing has officially come to my attention through the proper channels except for something from customer service with part of the Navigation Protection Act submitted by Peter for me or some form of the spelling of my last name... I thought I would reach out to you all on Peter’s site to see what all the commotion, allegations and accusations are in regards to? As the title of this discussion is “fountain” I’m guessing that you are concerned about that again even though we barely have enough ice for anything yet. If any of you are taxpaying residents of the Town of Innisfil and have any constructive suggestions, concerns or questions, I am more than happy to address them in a mutually respectful way. Unfortunately, there appear to be too many “keyboard heroes” who hide behind their monitors and have no fear and frankly no respect with the rhetoric they type or the implications of it. I had already confronted Peter and Mickey personally at their door last season and instructed them, “If you have an issue, speak to me personally don’t just chirp off”. So, again I offer, if you have legitimate issues that are within the town’s jurisdiction I will try to assist. But, if you keep grasping at straws to find some form of legislation to continue this, clearly I am not able to help. So what I will try not to do is to jump to any hasty generalizations either but, as I know many of you are American tourists who are known for their propensity for legal action, I thought it would be appropriate to provide some of Ontario’s laws with regards to the allegations I read in this post. Defamation & Libel in Ontario; The act of harming the reputation of another by making a false statement to a third person…A false written or oral statement that damages another's reputation. More specifically, a defamatory statement is defined as: A statement that tends to injure the reputation of a person referred to in it. So, to try and address your individual comments and if I missed one let me know... Newby007 You and everyone here can all be assured that I am not a “corrupt politician” for more than a few reasons that I would be more than happy to elaborate on if you wish but please read the defamation & libel passage above before you write such unfounded statements again, wishinIwasfishin, “Despise” is a pretty strong word for someone who has never met me, sorry to hear that but again I can take constructive criticism if needed and would be happy to meet to better understand the Innisfil resident’s concerns, RobG, sorry to lose you vote and truthfully, I didn’t know that I was backed by CBFB because I ran on my own merits but, just as last year, if the town had jurisdiction where I or we could address your concerns then I or we would do that. Lastly as I really don’t monitor this or many other sites regularly, if you truly have issues that you would like me to help address I can be reached officially by email at [email protected]Have a great season, pick up your trash, use our new receptacles, watch where you park since we have changed the fines and towing protocol and just stay warm, dry and safe. Thanks Rob Nicol Interesting how you say you would like to talk to us about our concerns. The mayor promised me exactly that two years ago when i emailed him my concerns over this fountain. He emailed me back promising to meet with me as soon as he got back from his vacation to Florida. i never heard from him again.If you really to mean what you say, let me know where and when and i will gladly sit down with you and whomever else you want to invite and discuss the issue, and the dangers posed by the person residing at the waterfront. Every residence in this town pays taxes, not just those along the waterfront. It seems to me like coucil forgets that. I have every right to access the water. These residents do not own the lake. The buoy markers they put up in the summer are illegal and a navigation hazard. The town has been contacted about this and refuse to do anything, or contact the authorities who do have the jurisdiction to do so. This fountain is a blatant attempt to cause damage to the ice to impede the anglers from accessing the water. If you do not realize this then i seriously wonder about your ability to be a council member for this town since your judgement is very clouded. Cooks Bay , and Gilford Rd is a meca of ice fishing known all around North America for it's incredible fishing. The town should be promoting this in order to bring in tourism dollars, and not standing behind two or three crackpot residents who think they own the lake. The lake is crown land and as such i have the right to stand one inch off the shoreline and no homeowner has any right to say anything to me as long as i am not on his property and respecting the environment. Having this fountain is not in the nest interest of anybody, including the town. Put your money where your mouth is and meet with me in person and we will sit down and have a civil conversation about this issue. i expected better from a member of town council than the responses you have given so far. You should be ashamed of the way you have acted. |
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Post by fish4ever on Dec 21, 2016 22:45:05 GMT -5
I agree with everyone this has to come to an end before someone get hurt or a life is lost. Does anyone have the email link for the local counselor because I will start to flood emails over to him also. From my understanding what he is doing is total wrong. We may need to pay him a visits by setting up are I huts right his back door and see how he like it. Maybe get everyone from the board to fish directly In front of his house. Have a good old fish fry to.
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Post by robnicol on Dec 22, 2016 0:16:50 GMT -5
Well, I see that this just continues to escalate; clearly some of you are just not reading nor understanding the intent of my engaging you through this venue. Just like last year, the legislation that you are trying to manipulate to fight one resident and their backyard activities is not within the town’s jurisdiction which should be evident especially when you continue to look at federal or provincial statutes. But, as a local I will look to respond and reply to your chirps until they are no longer respectful.
With that being said, Seahawk, if you could, just take the time and try to spell my name right just once I think that would be great and if to you this website is just a place to rant... no problem I will stop replying to all of you. I never said that this was a hassle and quite frankly this is not a job, it is more of a community volunteer position that I take very seriously.
Newby007, again I think all of you are just looking for a fight anywhere, all I wanted to convey is that the stuff you wrote and has been published is not “freedom of speech”, it is Defamation an Libel, because you imply that I am corrupt, which is untrue and unfounded. Unlike all of you, I sign in with my full name and don’t hide behind any pseudonyms but, if you continue to write such untruths I may choose to exercise my legal options.
Karl, keep on the councillor? If you are a local tax paying resident by all means keep on it, otherwise please visit and enjoy our community and leave it better than when you came as any true recreational fishermen should.
RobG, again since you too hide behind a pseudonym but, I do know that you reside in Alcona, if you would like to provide me your contact info (phone number, address...whatever) I will gladly come right to your home to address your comments tomorrow. Please let me know what time works best for you to expand on what reason I have to be ashamed.
Lastly, for today anyways, fish4ever, if you took the time to read what I believed was my thoughtful and complete message above you would have found my email address quite easily. Unless I’m misunderstanding what I have written I can’t figure out what you think that I am doing is “total wrong” unless stating facts is wrong? As for paying me a visit, you might want to make an appointment as I don’t and honestly not much of this area really does appreciate and frankly I don’t know if it is appropriate for anyone just wandering on to private property unannounced. Just to be sure though I think I might send your message off to South Simcoe Police to ensure that this wouldn’t be considered some kind of threat though...
Have a great night gentlemen try to enjoy some fishing and if you all want to be respectful and civil I will continue to respond otherwise, I think that we have concluded our broadcast day.
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Post by dand on Dec 22, 2016 5:18:55 GMT -5
Maybe it's time to approach another level of government; one that may have the authority or can direct this issue to the appropriate agency; that handle this complain properly and most of all legally. I'm not a resident of the area and I believe this issue/complaint should come from one who is? The office in the link below is where I would begin to ask the questions and hopefully get a direction as to who we need to speak to. Ontario OmbudsmanDan. |
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Post by newby007 on Dec 22, 2016 7:19:15 GMT -5
Dear Mr Nicol ( i hope i spelled the name right this time)
Am i looking for a fight ? Yes I am. And i will continue to fight to protect my queen given right to practice my favourite winter past time as safe as i can possibly do it. Again , contact your legal team and seek their help in regards to legal actions and stop mouthing off like a politician . If the government branch you represent has no jurisdiction over this issue than your only reply should have been something like this : thank you for your interest in keeping our area safe but the Organzation that can handle this issue is ( insert name here).
I wonder if CP 24 would be interested in this matter. I'll keep you posted...
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