Metal Detecting Law?

[RecycleRay2]

I am Ray looking for legal detecting grounds near Kingston Ontario. Was told bye police then the city bylaw that could not dig or get items from ground due to historical area.

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[ColonialDude]

Bylaw is no digging in parks. Where were you trying to detect that was deemed "historical"?

[RecycleRay2]

Anywhere within there 30 mile radius of Kingston. I was told it was deemed histirical as of 2007 survey.

[ColonialDude]

Someone is feeding you a line of crap.

[RecycleRay2]

Any M.D clubs in this area?

[RecycleRay2]

I will have to search for the Laws in this area becuase I was told I could be charged under the heritage act bye the police I am a good neat and friendly M.D.

[ColonialDude]

Anyone in Ontario can be charged under the OHA. They pretty much left the laws regarding that open to their own translation...that is to say they wrote it up so they could pretty much twist things as yet see fit to charge just about anyone. If you read the OHA you can be charged for picking up a 100 year old coin in your garden. It's ridiculous and something the general public is completely unaware of.

That being said, metal detecting is not illegal and good luck with the police charging you for metal detecting. How do you know if a coin is 1960 or 1900 prior to digging it? They would have to prove you were intentionally targeting said items on a known archaeological or historic site.

Oddly archaeologist will not publish exact locations of these sites or post them (even though their main purpose is to actually educate and inform the public) but would be quick to try to act as the law if they become aware of you being on one of these sites even if by accident.

Conveniently when the OHA was written and it was implemented...the public was not informed and did not have a voice. The only representation was that of archaeologists.

Good luck

[RecycleRay2]

Thanks for the info. I was born in ontario Canada the land of the free well almost. I am going to hunt I will hunt good luck too you. Thanks Ray!

[Tom_in_CA]

Ray2, the answer you got, where a desk-bound bureaucrat twists some related verbage, to apply to your "pressing question", is not uncommon. It happens all the time in places where detecting is not a problem, and no one ever cared before. For example: In my own city, the town's main park was simply routinely detected, and no one ever had a problem before. Yup, in broad-daylight, in front of passing traffic, landscapers, etc.... No one cared. And those of us who hunted it, never had any reason to suspect otherwise, to begin with. Then one day a newbie "takes it upon himself" to waltz in to city hall, and ask "can I metal detect?". I guess the desk-clerk there took his question to various other city employees, and they figured his request would run afoul of "collecting" verbage or "defacement" verbage, or harming earthworms .... or who knows what? So they told him "no".

Because think of it Ray: The mere fact that you, or someone, is standing there asking "can I?" simply implies that something is inherently wrong (damaging, or evil, or whatever) with you or your hobby, that you to ASK, to begin with! (Lest why would you be asking, if it were innocuous?). For example: would you have asked to fly a frisbee? So with this implication in mind, it practically dictates your own answer. And the sad part is, perhaps no one would ever have cared, or even paid attention to you, unless you were being a nuisance in some other way.

Heck, it's as colonial dude says: Is anyone really looking over your shoulder doing the math on the age of coins you find, to begin with?

[Matvey]

what about beach hunting? is it forbidden too? thanks for answer

[Tom_in_CA]

what about beach hunting? is it forbidden too? thanks for answer

Only if you keep asking far enough up the chain of desk-bound bureaucrats. Be sure to use buzzwords and phrases like "treasure" and "dig" and "archaeological resource" and "liability", and yes, you can ultimately find yourself a "no", at ANY public land, ANYWHERE (yup, even where no one's ever cared, and detecting is common-place).

Here's an example of how the psychology works, for the beaches near me (but I bet it can apply in your area, or anywhere too):

An example of why NOT to ask at innocuous public places (Long)

[Matvey]

still not clear. Detecting on Ontario's beaches forbidden or not. If there is no sign that forbid it, can I?