dryfly Posted September 15, 2015 Share Posted September 15, 2015 I am posting this item as a review only and do not intend to infringe on AO copyright. Thanks to AO for the item. Not sure if this was previously posted. Brian Rousch sent me this article from Alberta Outdoorsman. Don mentioned this last week while fishing at Police. Naturally, there are all sorts of reasons the old law is idiotic, but the law is the law and ACA (and TU who owns Police Lake aerators) could possibly be liable for some moron who is trying to get a Darwin Award nomination. Apparently this applies to all water bodies in Canada. At Police (for example), aeration is managed by E&P (Minister Phillips) and Oldman TU owns the actual aerators. The is "Criminal Code" and it is not a matter of monetary liability, but criminal liability and people could be charged with manslaughter. If anyone has an update, please jump in. Clive Quote Link to comment Share on other sites More sharing options...
Weedy1 Posted September 15, 2015 Share Posted September 15, 2015 263. (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists. ACA is not making a hole or causing a hole to be made in the ice, they are preventing one from forming. Quote Link to comment Share on other sites More sharing options...
dryfly Posted September 15, 2015 Author Share Posted September 15, 2015 Hah! Good one Perry Mason. Interesting perspective. An aerator did NOT creating a hole, but merely preventing ice from forming. No matter, it has ACA's attention. Stopping aeration would not be a good thing. Quote Link to comment Share on other sites More sharing options...
DonAndersen Posted September 15, 2015 Share Posted September 15, 2015 Guys, Can't imagine what Calgary is going to do with their sewage. Or the province will be doing with the flow below most of the dams in Alberta. Whoops, anybpdy got some dynamite to fix these dam problems. Don 1 Quote Link to comment Share on other sites More sharing options...
Conor Posted September 16, 2015 Share Posted September 16, 2015 Seems some snow fence and signage would cover the liability? Some cost involved but a bit of funding and volunteers would cover it. 1 Quote Link to comment Share on other sites More sharing options...
northfork Posted September 16, 2015 Share Posted September 16, 2015 Generally when old laws like this are dusted off and surfaced after being unacted upon in 100 years they almost always inevitably follow an incident? It is unbelievable that someone would even play this card for such a petty thing. I believe they are satisfying their due dilligence just with signage mentioning the aerators and danger thin ice or danger open water. No? Unbelievable regardless. About as stupid as the flavoured tobacco ban... Quote Link to comment Share on other sites More sharing options...
BrianR Posted September 16, 2015 Share Posted September 16, 2015 Guys;One of the easiest resolves at least on the QSF;S.Would be IMHO.....NO FISHING THRU THE ICE. 2 Quote Link to comment Share on other sites More sharing options...
Taco Posted September 16, 2015 Share Posted September 16, 2015 Typical bureaucratic overreaction. I'd expand on tallieho's take, no ice fishing on any aerated waters Quote Link to comment Share on other sites More sharing options...
BrianR Posted September 16, 2015 Share Posted September 16, 2015 You would think that it would be a very easy resolve ,for the gov't. 1 Quote Link to comment Share on other sites More sharing options...
northfork Posted September 17, 2015 Share Posted September 17, 2015 Guys;One of the easiest resolves at least on the QSF;S.Would be IMHO.....NO FISHING THRU THE ICE. Agreed. Shut em down completely til May 1 so you don't roll the dice with guys getting on the first few weeks of some lakes openers. Quote Link to comment Share on other sites More sharing options...
BrianR Posted September 17, 2015 Share Posted September 17, 2015 For at least 4 of my last mtg attendances at the esrd rnd tbl .I have asked,suggested ,gave them prove .Of the stupidty that some people will go ,to attempt to catch a fish.One would think surely,that a bona fide C&R fishery.Wouldnot allow for ICE Fishing..We have Grayling fisheries,that people still follow the practice of ice fishing.The resource[fish],is so fragile.Lay it out on the ice take a photo & then boot it back down the hole. Quote Link to comment Share on other sites More sharing options...
albertatrout Posted September 17, 2015 Share Posted September 17, 2015 Problem with only addressing ice fisherman is there are still snowshoer's, cross-country skiers, hikers, skaters, etc. I agree we really need to maintain aeration but it could be hard with lawyers getting involved. I think the no ice fishing rule would help reduced harvest/ poaching but not so much address this concern. Really need this old law changed! Quote Link to comment Share on other sites More sharing options...
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