The Ontario Ministry of Natural Resources (MNR) served member
Doug Tideman with a summons last year, under the Ontario Lands Act, for dredging
and placing drifted sand material onto the banks of the creek that was impeding
aircraft accessibility to dockage, ramp and hanger at his registered aerodrome
(CPY7). An unusual factor in this case is that the land that he was dredging is
on his land, which extends under the water. Doug had been trying to have the MNR
accept the exclusive jurisdiction of the Aeronautics Act for the necessary
maintenance and safety associated with handling aircraft at this facility, and
he additionally wanted them to understand that he should legally be entitled to
do this on his own land. The MNR insisted on proceeding with charges. Doug
approached COPA for financial backing from our Special Action Fund (SAF), and we
let it be known that we were willing to back up his claim. In the end, the MNR
decided not to pursue the case because the land under the water was indeed
belonging to Doug but it could be in large part due to COPA and the SAF getting
involved. But be careful if you think that success in this case gives you an
impression that you can go ahead and alter shorelines or dredge near your
floatplane base. Most property owners do not own the land under the water, so
you would be violating the Ontario Lands Act if you alter land that does not
belong to you. Contact Kevin Psutka.