"Expanding existing…

ERO number

025-0418

Comment ID

149224

Commenting on behalf of

Individual

Comment status

Comment approved More about comment statuses

Comment

"Expanding existing inspection authorities​
Currently under the OHA, inspection powers are limited to inspecting those individuals who hold an archaeological license under the OHA, properties on which they are conducting or have conducted an archaeological assessment, laboratories at which artifacts are analyzed, licensees' storage buildings and structures or their professional offices
The proposed amendments, if passed, would allow the Minister to direct an inspection for the purpose of assessing whether any artifacts or archaeological sites are on any land, or land under water"

The above proposed "expansion of inspection authority" is in direct violation of;

1/ section 8 of the Charter of Rights and Freedom, which protects the right of everyone to be secure against unreasonable searches and seizures,

2/ section 92(13) of the Constitution Act, where property rights and civil right are to be PROTECTED by the Province,

3/ Canadian Bill of Rights,

4/ An Act respecting Real Property,

5/ An Act respecting Certain Rights and Liberties of the People,

"Authorizing investigations"
I do not agree with any Minister or so called investigator to have powers beyond Police = no warrantless entry.

"Compensation"
I do not agree with the proposed changes where a property owner is left without compensation due to actions of the government (certain instruments, including regulations and orders made by the Lieutenant Governor in Council).

OHA protects "heritage" for public enjoyment/ benefit and the financial burden has to be a public responsibility.

If property owners are striped of their rights - where is the public benefit???

If an individual has no rights then the rights of the public do not exist either.

Our heritage is also our common law - which respects and protects property ownership.

Consent of an individual is key to successful regulation, implementation and benefit.

Please consider the above comments and construct regulations that equally protect property rights and public benefit.

Resident of Ontario