Flight off Dundas Peak sparks investigation
Paragliding prohibited on conservation authority property, and ‘very dangerous’ in city
A posted video of a paraglider launching off the Dundas Peak and flying over houses and roads last week is worrisome enough for the conservation authority to seek legal advice, and for Transport Canada to investigate.
“All paragliders are expected to fly safely and legally,” Transport Canada spokesperson Natasha Gauthier said.
“Transport Canada will look into this situation and will take appropriate action if noncompliance with the rules is found.”
She said Canadian Aviation Regulations outline the requirements for hang-gliding and paragliding activities in Canada.
The paraglider was recorded on Sept. 21 taking off from the peak and flying over trees, several streets and beside a condo building, before landing at Fisher’s Mill Park.
The video got the attention of Hamilton Conservation Authority (HCA) and Transport Canada.
The video was sent to those agencies by The Spectator for comment. The video was also sent to the city, police, and Horizon Utilities.
In short, the city has no bylaw governing the activity, police will act when asked by Transport Canada, and hydro says although potentially dangerous, it’s allowed.
But on conservation lands — including Dundas Peak — hang-gliding and paragliding are definitely prohibited, says chief administrative officer Chris Firth-Eagland. There are fines of $500 and up under the Provincial Offences Act.
Firth-Eagland called last week’s paragliding “risky behaviour.”
“That action was absurd,” he said. “They put countless numbers of people at risk because of their personal bravado and thrillseeking. What about the people in their cars, and what about the trains, if they had a glider land on the railway? It is very dangerous.”
He said there’s no way to predict a glider landing in a roadway if the wind pushes him off course.
This is the first paragliding incident the authority is aware of, he said.
The HCA has 10 provincial offences officers on staff, but because of the wide swath of conservation lands, “we do not have an aggressive enforcement platform.” If someone is caught setting up or before launching, they are asked to leave, Firth-Eagland said. If they refuse, police are called.
Paragliding is currently implied on HCA signs that state any activities that put others at risk are prohibited, and on signs advising people to stay on the trails and away from cliff edges, Firth-Eagland said.
“In any case, we would have serious liability, legal and trespass considerations,” he added. “We will be seeking thorough advice on our options to prohibit future related activities.”
City of Hamilton solicitor Debbi Edwards said there is no city regulation against paragliding on city lands, but it is not allowed in parks without a permit.
John Friesen, spokesperson for hydro company Horizon Utilities, said there is no law against the activity in hydro jurisdictions, but added, “We strongly encourage people not to go near hydro lines, ever.”
That action was absurd. They put countless numbers of people at risk. CHRIS FIRTH-EAGLAND HAMILTON CONSERVATION AUTHORITY