You can go fishing, but getting to water could be tricky

WATERLOO REGION — In an interview with a Kenora-area radio station, Premier Doug Ford said that while fishing derbies are discouraged, “if people want to make sure of their social distance, and they’re on the shore and they want to throw a hook in the water then by all means.”

If people want to “get out there and get some fresh air, we don’t see an issue with that,” he said.

But the legal logistics behind this simple statement are confusing in this COVID-dominated time.

Here’s what we know so far about whether you’ll receive a ticket or be charged for fishing or boating in Waterloo Region:

The Ontario Ministry of Natural Resources and Forestry says fishing and hunting are open as usual.

According to Jolanta Kowalski, media relations officer with the ministry: “At this time, fishing remains open in Ontario. All rules and regulations are in effect. Conservation officers continue to patrol and protect our natural resources during the COVID-19 outbreak.”

Transport Canada’s April 6 release says personal non-commercial pleasure crafts can be on the water.

According to Annie Joannette, a spokesperson for Transport Canada, this is still the case unless they hear otherwise from the Public Health Agency of Canada.

Marinas have been ordered closed by the province as non-essential businesses.

Anyone found trying to launch a boat from a public marina for non-essential reasons will be charged. As well, the Grand River Conservation Authority has closed all its land and facilities to the public, including water access points. However, using a private marina or launch point is acceptable.

Accessing the edge of a water body on foot is a little tricker to sort out.

The Ontario Provincial Police and Waterloo Regional Police have both said that if people are not going to places closed by the emergency act and not trespassing, they cannot be charged for fishing or accessing a water body normally used during non-COVID times.

“From a policing perspective, it’s not against the law to fish,” said Staff Sgt. Carolle Dionne of the OPP. She said that as long as people are not trespassing, and following the emergency laws put in place, they will not be stopped for fishing in places where they are typically allowed to fish in non-COVID times.

Interpretation of Ontario’s emergency closure of all public recreational facilities appears to be at the discretion of individual municipalities.

The Region of Waterloo says that trail use and use of outdoor recreation spaces falls under the bylaw jurisdiction of its individual townships and cities. After hours it falls under the authority of Waterloo Regional Police.

“If someone is fishing in an area that’s open to the public I don’t foresee any issues beyond restrictions in gathering size, or maintaining social distancing,” said Thomas Hudacin, acting manager of licensing and enforcement services for the Region of Waterloo.

Hudacin said gathering sizes and social distancing issues are not offences unless a person defies an order to separate as directed by an officer. In this case the charge would be for failing to comply with an order during a declared emergency.

Dionne said the province has put emergency orders in place, and has also made emergency suggestions. This distinction is important.

Orders like emergency closures of non-essential businesses are enforceable by law under the emergency management and civil protections act. Recommendations, like not getting close to other people and not travelling far from home, are strong suggestions the government has made to try to limit the spread of COVID 19, but they are not laws.

Dionne said resources for understanding the emergency order can be found at covid-19.ontario.ca. Any questions can be directed to the Ontario.ca public contact page.

The Region of Waterloo lists the bylaw contact numbers of all its municipalities here: regionofwaterloo.ca/en/livinghere/covid-19-who-to-contact.aspx.

This letter contains links to the COVID-19 responses of each municipality in the region: regionofwaterloo.ca/en/ living-here/resources/Documents/Coordinated-COVID-19-Response-Newsletter-April-17-2020.pdf.

Leah Gerber’s reporting is funded by the Canadian government through its Local Journalism Initiative. The funding allows her to report on stories about the Grand River Watershed. Email legerber@therecord.com