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From: wgrogan@dc*.ne*
To: techdiver@aquanaut.com
Cc: dirne@ya*.co*
Date: Fri, 7 Jun 2002 11:53:41 est
Subject: New Regulations for diving in Quebec
Just got this from the Canadian techdiver group.  Looks bad.  I am still
stumbling
through the regulations, all in French, of course, but to dive in Quebec (ie.
St. Lawrence River/seaway) you will have to buy a certificate from the Quebec
diver group.  No mention of any testing allowable in English (or any other
civilized
language).
Wendell

>To PADI's Québec Members
>
>A legislative framework to regulate recreational diving in Québec,
first 
>conceived some five years ago, has now come into effect.
>
>The new rules state that, beginning April 1, 2002, in addition to
whatever 
>certifications they may hold from recognized dive training agencies,
all 
>recreational divers in Québec, including technical divers, must obtai n
a 
>certificate issued under the authority of the Fédération québéc oise des

>activités subaquatiques (FQAS) certifying the level for which they ar e 
>qualified to dive.  In addition, they will be prohibited from maki ng
dives 
>beyond that level.  Similarly, anyone providing dive instruction i n
Québec 
>must obtain a certificate issued under the authority of the FQAS
certifying 
>the level for which they are qualified to give instruction and they
will be 
>prohibited from giving instruction at a higher level.  These basic 
legal 
>restrictions, found in the Québec Act Respecting Safety in Sports, (L oi
sur 
>la sécurité dans les sports) will be implemented through the 
>government-approved By-law respecting qualifications for recreational < BR>
>underwater diving (Règlement sur la qualification en plongée
subaquatique 
>récréative), which also became effective on April 1, 2002.  Th e new
rules 
>also apply, although with some differences, to divers and instructors < BR>
>qualified outside Québec who wish to carry on their dive activities i n 
>Québec.
>
>Before these rules were finalized, PADI became actively involved in 
>sustained, direct efforts to persuade the Québec government that the 
>objective of safety in recreational diving, which PADI has embraced
since 
>its beginnings, could best be promoted by relying as much as possible on 
>existing structures and certification procedures of PADI and other 
>reputable, internationally recognized training agencies, which have
been 
>validated by decades of experience.  In a formal brief submitted t o the

>government two years ago, PADI thoroughly reviewed the issues and made< BR>
a 
>number of specific recommendations both on administrative and
substantive 
>levels regarding the then-proposed new rules.  Before the final
adoption of 
>the By-law, PADI presented what it considered to be convincing
arguments to 
>the government's representatives and believed that the government was < BR>
>favourably disposed to many of PADI's views.  In the result, PADI< BR>
regrets

>that the Québec government did not accept its views to a greater
extent.
>
>The new rules are the culmination of a process that began more than
five 
>years ago with recommendations made by Québec coroner Denis Boudrias in
a 
>series of reports on dive fatalities in Quebec.  In 1997, provisio ns 
>relating to recreational dive safety were added to the Act Respecting < BR>
>Safety in Sports (Loi sur la sécurité dans les sports).  The e ffect of
the 
>new provisions was suspended, however, until a government-approved
by-law 
>could be adopted which would provide for the determination of levels of 

>qualification for divers and instructors, the content of qualifying 
>examinations and the issuance of certificates resulting from such 
>examinations.  All of these matters were to be the responsibility of a 
>government-designated non-profit organization established for the
purpose 
>of ensuring the safety of divers.  In 1999, the Québec governmen t 
>designated the FQAS to be the organization responsible for implementing 

>this new system of regulation.  Subsequently, in March 2000, after 
>consultations between the government and the FQAS, a draft by-law was < BR>
>published for comment by interested parties.
>
>At that time, PADI hired well-known Montreal law firm Heenan Blaikie
and 
>its counsel, former Québec prime minister and justice minister, Pierr e
Marc 
>Johnson, to assist PADI in preparing a brief to the Québec government 
>commenting on the draft by-law.  PADI invested considerable time a nd
effort 
>in preparing its comments and made a substantial number of
recommendations 
>in its brief regarding changes to the draft by-law.  A complete co py of

>PADI's brief may be found on the PADI member Web site. 
>http://www.padimembers.com/cgi-bin/reqpg.exe?ALUM/CAN//+/canad a/news/Qu
ebecRegulations/default 
>  Following the submission of PADI's brief in May 2000, PADI and i ts 
>representatives were able to speak with all the key Québec government 
>representatives involved in the file, including the ministers
responsible 
>for the legislation.  Although the government did not accept all o f the

>recommendations made by PADI, the final changes to the By-law did give 
>effect to some of the points raised by PADI.
>
>At this time, the government has assured PADI that the implementation of 
>the new rules will be followed closely and that the government will be< BR>
open 
>to making readjustments dictated by experience. Accordingly, we would < BR>
>strongly urge our members to relay to PADI any information they may
have 
>regarding their experience with the new rules so that we may be in the< BR>
best 
>position to make further comments to the Québec government at the 
>appropriate time.
>
>At present, PADI does not have information regarding details of the 
>procedures which the FQAS intends to follow to implement the new rules. 

>PADI, accordingly, refers its members to the FQAS for further
information 
>in this connection.    The FQAS can be reached at 4545, ave Pierre-De 
>Coubertin, C.P. 1000, Succursale M, Montréal, Québec; Telephone: (5 14) 
>252-3009; Fax: (514) 254-1363; e-mail (courriel): plongee@fq*.qc*.ca* ; 
>Internet: http://www.fqas.qc.ca . 
--
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