The status of aerated lakes

[fsa313]

Does anyone know the current status. The word is, due to liability, lake aeration may have to cease. Would warning pylons suffice as protection and what would be the regulations.

[thethrax]

Wheres this 'word' coming from? I see no talk about liability anywhere, only talk of adding more Aerators

[fsa313]

I think the ACA is "discussing" action(s) as they may be in line for the liability in some cases where they look after the aerator, if a Ski-dooer goes in. There are other authorities in line e.g I know the Onoway F & G looks after the aerator at Salter's and there are many other examples. My concern is that if a fix is not found before freeze up, then a lot of lakes will winterkill.

[thethrax]

Easy fix: Ban snowmobiles or any vehicle for that matter on lakes with aerators

[fsa313]

More on this subject. Here is ACA's position and ACA are the major supplier of this necessary service. I suspect local F&G that aerate a local lake will follow suit.
Neil

This from Todd Zimmerling, President and CEO of the Alberta Conservation Association:

Up until very recently we have been operating our surface aeration systems under the assumption that if we did our due diligence and undertook “reasonable” precautions to warn the public of the hazards associated with the open water that we create in the ice, that we would have a substantial defense should an incident occur. However, we have now been provided with two different legal opinions that indicate that under Sec 263 of the criminal code, regardless of the precautions, warnings or barriers implement, if someone falls into the hole and dies we are guilty of manslaughter. This section of the criminal code does not provide for a due diligence defense. So as you can imagine this has created significant issues for our aeration program. At the moment we have decided that we will not be running the surface aeration program this year (unless we can find a way around the associated criminal liability); however, we are looking at a couple other options for subsurface aeration that does not create a hole in the ice. The techniques we are looking at are much more expensive than the surface aeration, and have not been tried in our lake systems before (to the best of our knowledge).
We are working towards having a concrete plan to bring to the Fisheries Round Table meeting on October 17. I believe the plan will include three key points: 1) Attempt to super saturate all locations using surface aeration prior to ice-up. 2) Use subsurface aeration techniques on select lakes during the winter of 2015/16. 3) Stock larger trout in the spring in those lakes that do not get aerated and may suffer winter kill. None of this is confirmed, but this is the direction we are looking.
Once the Federal election is over we will ask our stakeholders to help us is persuading the Federal Government to make changes to section 263 to allow for surface aeration that benefits society as a whole (assuming reasonable efforts are made to inform people of the danger).
Shutting down aeration is not something we wanted to do, in fact we had plans to start expanding the aeration program, but this obscure law has created a significant liability that we can’t ignore. We will figure something out, but there could be a couple years when the fishing in your favorite lake is not as good as it once was. I am hoping this can be minimized.

[1bluZebec]

Easy fix: Ban snowmobiles or any vehicle for that matter on lakes with aerators
What about the curious ones on foot that have to go as close as possible to check it out? Or the fisherman or woman that thinks that's where ALL the fish are and has to fish on the edge? This sucks for the smart people that enjoyed fishing these lakes all winter and not just for the first couple months. Hope we find a good safe alternative[emoji6]

[waterninja]

Here we go again. Everybody has to suffer just to protect fools and idiots from their own carelessness. What a nanny state were living in. Who do I get to sue if I fall overboard while taking a whizz without a lifejacket?
I think it's a real shame that aeration might stop, and probably cause more winterkills because of this.

[Wild&Free]

Duty to safeguard opening in ice

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.
Marginal note:Excavation on land

(2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision 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 excavation exists.
Marginal note:Offences

(3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

(a) manslaughter, if the death of any person results therefrom;

(b) an offence under section 269, if bodily harm to any person results therefrom; or

(c) an offence punishable on summary conviction.

Unlawfully causing bodily harm

269. Every one who unlawfully causes bodily harm to any person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

269.1 goes onto matters of assault on transportation officials and torture.

[EZM]

Pretty soon we won't be selling pointed scissors or sharp knives anymore ..... this is pretty silly to me.

Anyone who does not have the capacity to understand that anytime you go onto the ice there is a inherent risk shouldn't be going outside.

As far as aeration is concerned - again - one would have to think with reasonably posted signs and warning around the area (ALL aeration sites I have seen have these in place) anyone with at least "average intelligence" would understand these areas compound the danger and risk associated with being on the ice.

This reaction to liability (and the fear for punitive actions) because a few people may be too dumb or careless to figure it out is a shame.