Canal jurisdiction called into question

[rick]

GREG FURMINGER

Local News - Tuesday, August 22, 2006 @ 09:00

John Levick is calling in the city to initiate a federal review of the Welland Recreational Canal to determine its permissible uses, and is suggesting start of its master plan therefore be delayed.

Levick believes the federal government still has ownership of the waters, and therefore the final say on how they can be used.

The man who last year led a fizzled attempt to strike a Welland ratepayers' association likened Welland Recreational Canal Corp.'s present goal of having a master plan completed next March to "putting the cart before the horse."

He's concerned the $50,000 master plan would be "a waste .

.. of our dollars" if it's later learned its projects could not be implemented due to jurisdictional issues.

At tonight's city council meeting he will request the municipality bring federal authorities on board to rule on who ultimately reigns supreme over the canal's 108.8 hectares of water.

Levick, who had been on a WRCC anglers' advisory committee that recommended a no-wake zone on the canal, said he is not asking for reconsideration of last year's controversial powerboat ban.

Instead, he said, his request is ultimately about identifying permitted uses.

But despite what Levick's research has suggested to him, Mayor Damian Goulbourne is adamant the recreational canal does not fall under Transport Canada's jurisdiction over navigable waters.

"The city has control of what can happen on the canal," he said.

WRCC chair Mark Carl is also scheduled to appear before council tonight, to provide an update on corporation matters including its master plan process.

He said yesterday the corporation has been in contact with Transport Canada and the Office of Boating Safety in response to Levick's concern.

While WRCC is still awaiting more information, Carl, too, said the board understands that when the federal government in the late 1990s transferred its stake in the former Welland Canal to the city, the municipality inherited all jurisdiction for and liabilities associated with its water.

He is not prepared to delay development of the canal master plan, which like Welland's parks, recreation and culture master plan will be based on public input.

Consultants interested in overseeing development of that plan had until last Friday to submit proposals.

[Guest bigfish1965]

Mr Levick is quite correct. Transport Canada cannot download the water to the municipality. It would require an act of Parliament..which in this case did not occur. Transport Canada may by law transfer responsibility to the province.

The fish in the canal are also property of the government.

If you want proof of this...ask the city if they can do anything tot he shoreline or waterway without MOE, EC or MNR approval. They cannot.

I was with Mr Levick on the WRCC AAC and we were all quite aware of this. There are others involved who also knew that the banning of boats was not legal since it overstepped the authority of the city. But since the city owned the launches they were within their rights to simply close them.

Only Transport Canada can issue a motorized boating ban. No one else.

I assume from the lack of contact I am no longer on the AAC so I can now speak of this.

There were also those involved in the banning of boats who were aware...

No one..and I mean NO ONE was ever able to produce any documentation of the transfer of power.

[ROB MCINTOSH]

The only thing I can say is GO JOHNNY GO Catfish

[Guest bigfish1965]

Someone else agrees with John... http://www.niagarablog.com/?p=5

[Guest Fish Medic]

So let me get this right. Now I'm not allowed to boat or swim in the canal what is it's function except dragon boat racing and maybe the odd kayaker. The Welland canal is an exeptional fishery that could bring the city lots of fishing and tourism dollars but what do I know I've only lived here for 30 years and boated on the canal for 15. I can't wait till the mayor gets turfed.

[Guest johnlevick]

An update on the Recreational Canal.

As the earlier reports indicated I challenged the City of Welland on the ownership issue, directly in Council. After that (not surprising) lack of success, I notified Transport Canada. Three months and many phone calls, e-mails and letters, Transport Canada shelved this inquiry citing a major structural re-organization was taking place and they wouldn't consider any further action until 2007-2008. That was Nov. 2006

Moving on with my life, family and business, I've done little except to persuade the WRCC to put the boating issue on the for their Strategic Planning Session this year, 2007. The first focus group for all water users is Jan. 31 at 7pm at Welland City Hall. It will be interesting to see how that goes. The WRCC claims they want anglers and boaters to be part of the process, yet as Rick quite correctly pointed out, they previously dismissed the Anglers Advisory Committee without as much as a thank you for our efforts. I am skeptical, but will participate.

There are several options should this latest effort be unsuccessful. I am prepared to take this issue directly to the Federal Minister, Lawrence Cannon as well as Public Works the 1999 broker of the original deal between the city and the Feds. Secondly, there are several options open with the Province of Ontario that are being worked on; which I can't discuss at this time.

The implications of Welland's position are dangerous precedents on many levels. As a boater and angler this is a point of principle. It is not illegal to operate a boat provided you comply with the regulations set out by Transport Canada. Speed is an issue that can be addressed by a Boating Restriction Regulation. After that it's pretty simple. The NRP & OPP will recognize the Feds authority and police the waterway, but only if Welland's claim to water ownership is overturned. The only way that will happen is if we as anglers/boaters/concerned citizens challenge them in court. If I had a $20,000 war chest to fight this I would. The City of Welland would thus have to fight its citizens with taxpayer money to defend their ridiculous position. Politically dangerous and stupid, but this is Welland after all. George Banks the City Solicitor who had championed this position is gone, perhaps providing an opportunity to make some progress.

A sidebar on this issue is the fact that the adjacent lands while perceived as park lands are in fact zoned open spaces. Should the City need cash (which it does), it would be very easy for them to declare any portion surplus, then sell it. I am advocating the entire 800+ acres be designated parkland providing some measure of protection against uncontrolled development.

Sorry for the long ramble, but if anyones interested PM me .

John

[jwl]

wow great points being brought up. and thanks to all once again who step up to the plate and try to do somehting possitive for the local angling/boating community

many of you come on here and try to inform many people about all kinds of issues, then a bunch of people respong with all kids of "wow, thanks I didn't know that" kind of comments. For those who think that some guys are just coming on here with a bunch of and guys trying to promote coming out to a meeting at a local fish/game or conservation club are just trying to dish out a bunch of too. If you are concerned about any of these issues, just go attend a meeting somewhere, ask a few questions, you will find out that these guys aren't full of BS and you can also find out what you can do as the average citizen regarding any of these issues you see on the board all the time and scoff at. And you can also fidn out first hand about a few other issues that you may never know anything about untill you take the time to see for your self. These guys aren't doing these things because they are selfish, they are doing it for YOU TOO! Everyone thinks they don't have time....if ya got time to go out for a beer, you have time to stand up for yourself as and outdoors person/boater/hunter/angler...and at the end of the meeting...you can have a beer It could very well be, that in the future you can once again put your boat in the water at a place like this, and it will be thanks to people who stood up for your right to do so.

[Tom Chopin]

John, glad to see this issue isn't dead yet!

Do you need people to show up on the 31st or is it a closed door meeting?

Let us know what we can do to help. The idea of designating it all park land is a step in the right direction.

Thanks for your continued efforts

[Guest johnlevick]

I have a meeting with MNR,NPCA and WRCC Monday to get the results on the fish population study on the Canal. I'll have a clearer idea after that about attendance Wednesday and post. The important thing is, this isn't a dead issue. It is realized in some circles that this whole situation was handled badly by the city from the get-go. After this is finished its the Welland River, Four Mile Creek and Twelve Mile Creek that require immediate attention. That means taking on the MNR,Region,NPCA and the local cities. Hope there are some willing soldiers when that starts.

[Pope29]

I fail to understand how a no motor boat rule affects the angler on this small body of water I'm thinking the recreational boaters are the ones crying the most and I have no use for most of them. Could someone enlighten me???

[Guest johnlevick]

Hi Pope,

The no motor boat rule affects all users. The canal is 8-1/2 km. long and between 100 meters and 200 meters wide. The depth is about 11 meters deep. While adding habitat close to the shore and fishing platforms , the best angling opportunities are in deeper water, that's best accessed by boat. In the past there have been instances of abuse by speeders and PWC's, however with a manageable program the waterway can be shared by many users.

The issue of a local municipality with overstepping its authority is paramount in this struggle as well.

[Tom Chopin]

Pope, a lot of the Canal has steep banks as well which makes it inaccessable or dangerous to shore anglers. If boats are allowed it would allow access to all the water and not just certain areas such as the south end.

The main threat here is if they eliminate boat traffic altogether they are setting a dangerous president for other waterways. Could be the Welland River, Black Creek, Chippewa Creek next?? As John said the City could decide to sell any land along the waters edge and up goes a condo and private property signs and another fishing spot is lost. It's about protecting access to waterways and everyones right to enjoy them.

[smerchly]

There were problems that need to be rectified if boats are allowed back in. High speed boats, pwc's , canoes, & shore fishers don't mix well . We have some good ramps at Lincoln St. where I spoke with divers who use the rec. canal often ....They wouldn't likely want to see a lot of boat traffic . They run many cables across the south end for the dragon boats and one is stilll there near the old ski club . That would be no good for reg, boaters . That canal is a gold mine if handled properly ....where else can you have a body of clean water like that going through your city ? Don't say Port Dallooozie

I think a lot of potential is being lost there.......I hope they keep it looking like a park , not a bunch of ritzy condos .

[jwl]

me too Smerchly, perhaps they could put horsepower, and craftsize restrictions for the water way, the whole thing should really be a "No Wake" zone anyways, this would help eliminate alot of problems from speeding ect...if they regularly patrolled the water way, that would help keep down other issues like drinking and boating,and too much horse play. probably would stir up too much BS but if they outlawed Personal Water Crafts on that body, would probably help out alot, and how much fun would that be for those yahoos anyway if there was a "no Wake" rule in place. Perhaps they could even make it so you need an annual permit to use that water way for your boat as well. They do a great job keeping that area clean, would hate to see another great angling opportunity lost to developement. Also good point about all the cables running across the watercourse there as well Smerch. I see no problems with setting a few rules/guidlines for letting boating once again take place on that water way, we already know that if they ever opened it up for that again, someone some where is going to be looking for the first excuse to shut it back down for good, then how easy do you think it would be to lobby against that happening a second time around.

[Guest canadadude]

If the city can't control the canal itself it can still enforce the no boating ban by controlilg the access around the canal!!! I mean they still have jurisdiction over the lands surrounding the canal and therefore limit the access for boaters!! Is this not what is happening and can you use a smaller craft eg: fishing kayack or canoue and are electric motors band????? I mean if the resource may still be tapped the fishers may just have to change tactics!!!

[Guest johnlevick]

If anyone is interested in speaking to this issue, here are the details:

First Community Forum

The purpose of the first forum will be to introduce the project and its objectives, and to solicit reaction from across the community to the emerging 'big picture' vision, and some of the individual development ideas and suggested uses and programming possibilities. Another objective is to solicit perspectives about the values and guiding principles that will 'ground' the plan and give it direction.

Date: February 21, 2007

Place: Notre Dame College School Auditorium, Smith Street, by the canal

Time: 7 - 10 PM

RSVP by February 14, 2007 to:

Welland Recreational Master Plan

c/o the Welland Recreational Canal Corporation

City of Welland

60 East Main Street

Welland, Ontario L3B 3X4

(905) 735-1700, extension 2311

e-mail: wrcc@welland.ca

It is essential that we get a good turnout to this event. The passive users have stacked the deck against any sort of motorized boating on the Canal. The preference would be to have as many Welland residents as possible, but any interested party is encouraged to participate. For more information on this process go to

www.wellandrecreationplan.ca

[Dan Andrews]

Workin...... Does an email equal input?

[Guest johnlevick]

Yes. They are accepting written submissions. If you have any ideas pertaining to the Canal lands, please include those. Dan, with your passion and experience concerning natural landscapes, the planning committee needs to hear from credible people, who actually "do" rather than talk about "doing".

Add information from some of the projects you've worked on. It helps.

[richardl33]

Hey John,

Is this meeting for the rec. canal only or is it for all the parks and recreational facilities in Welland?

I have read the info on the website and it seems to be about the master plan.

[Guest johnlevick]

This meeting is about the Recreational Canal and lands only. Last year the City did a Parks, Recreation and Cultural Master Plan. If you want info on that, you can request a copy free of charge from the Parks & Rec. Dept. all 82 pages of it.

I can't emphasize how important it is to have people show up for these public meetings. One of the big problems in Welland is people female dog about the way things are done, but won't participate when the opportunity arises.

Please pass the information along to fellow anglers or anybody who is interested in this.

[richardl33]

Hey John, I'll do my best to attend the meeting and try to bring a few people with me.

[4inaboat]

Good Luck with getting waterway back in use for recreational fishermen.

Ban the PWC and maybe we have a chance.

Looking for support, I dont think that would be a problem.

If this Canal was anywhere other than Welland we would not talking about this.

Unbelievable.

[AwolRJ]

This rules i s BS cause i sat down there shore fishing this fall and the coach of the rowing guys actually would go faster by me to make more wake. If they wanna ban it do it for all, cause those snobs rowing there boats always have atleast one motor boat with them. You might end up with some angry anglers fishing for row boats if they don't stop it!

[Dan Andrews]

Sounds like the rowers on Martindale. Yes there is an arogance that comes with the sport. Very much like figure skating clubs. Guess what? They have the money that talks and the culture to woo City officials.