The Big Rideau Lake Association put out this article written by Doug Good. We thought it was important enough to re-post it here.
The numbers of ice eaters around the lake are
increasing annually. The big question is whether
they are a blessing to the property owner in
protecting their docks or a liability because of the
danger they may cause to those moving on the ice
surface. I don’t have a legal answer; our learned
legal friends can weigh in on this subject with their
knowledge and opinions. I started writing this
article for last years winter edition of “Driftwords”
and didn’t get it finished, but when the subject
recently came up at dinner party with heated
opinion that Parks Canada should be regulating
them, I knew the subject was still timely.
Some ice eaters are being
turned on even as the ice forms
while others are coming on in
March as the weather warms and the ice starts to
melt. My personal opinion is that ice eaters are not
required in January and February as the height of
the water is fairly stable and there is minimal
fluctuation in the ice. They do become beneficial
when the ice starts to melt and move in late March
or early April, and will help to protect the docks.
As I see it the potential liability comes from
opening water in areas which may be used by
snowmobilers, ATVers, cross country skiers and
those just out for a pleasant walk. The biggest danger
is at night or in winter storms with reduced visibility.
The area opened by the ice eater can vary due to depth
of water, time turned on, and many more variables.
Some individuals when they place an ice eater
in the water also put a yellow caution light on the
shore as a warning of the potential danger; this
would seem like a prudent move. It is my
understanding signage is also required indicating
open water. I would suggest that if you intend to
install an ice eater that you speak to your insurance
agent about the liability you may be taking on and
whether you are insured if someone did go through
and drown. The surface area you are opening is not
your property and it may very well be that you are not
insured for such a liability. I would suggest anyone
considering installing an ice eater also talk to their
insurance company and /or lawyer about the potential
legal ramifications and what needs to be done to show
“prudence”.
We all love the lake, and just because you are
not there in the winter does not mean others are not.
Yes we want to protect our property, but we don’t
want to endanger others and create a liability for ourselves. For more information on the Big Rideau Lake Association and all the do for our amazing piece of the world, please click here: Big Rideau Lake Association home page.
Being on the Big Rideau Lake since 1958, Len's Cove Marina is here if you need any assistance or advice that you may need.