OPP cautions owners of dock bubblers of possible charges.
MANSLAUGHTER: OPP Sgt. Larry Butterfield warns Lake of Bays Association members of the dangers involved in owning and operating a dock bubbler.
Pamela Steel
LAKE OF BAYS - OPP Sergeant Larry Butterfield told a shocked audience at January’s Lake of Bays Association meeting that people could be charged with manslaughter as a result of operating dock bubblers.
Butterfield is a member of the OPP's Central Region Snowmobile, ATV and Vessel Enforcement unit. He said if someone falls into a hole you have created on the ice, and dies, it could lead to charges of manslaughter. If the individual is injured, it could lead to a charge of assault.
Dock bubblers are installed to prevent damage from ice forming around the dock over the winter. Usually a compressor feeds air to a length of tube under or around the dock, circulating the water and preventing ice from forming.
The large number of bubblers on Lake of Bays and their impact on the safety of winter ice activities was also the subject of discussion at December’s municipal council meeting.
At that time Coun. Nancy Tapley called the situation “death waiting to happen.”
Liability issues were discussed at the council meeting and while there has yet to be a precedent set, it was recommended that owners of bubblers contact their insurance providers to discuss their coverage in the case of an accident.
Butterfield said that due diligence is required to make sure you haven’t created a dangerous situation.
An association member questioned whether placing a cautionary light in the bubbler’s location would be considered due diligence.
“What if the power goes out? What if the snow covers it?” the sergeant asked. “You can mark it as best you can, but in today’s society if somebody falls into a hole you create you’re going to be involved in civil litigation.”
And depending on the circumstances, criminal charges could be laid, according to Butterfield.