Violation ticket upheld for illegal dock work on Okanagan Lake

VERNON – A B.C. Supreme Court judge has upheld the fine issued to a man for illegal dock work on Okanagan Lake.

During a boat patrol in March 2013, an officer with the Ministry of Forests, Lands and Natural Resource Operations saw piles being driven into the lake bottom, below the high water mark, near Vernon.

Laurent Desautels hired Okanagan Pile Driving to build a dock.

Desautels admitted he didn’t have a permit or other lawful authority to do the work, saying he didn’t know it was required.

He was issued a $230 violation ticket under the Water Act.

However, the fine was appealed to a Judicial Justice and overturned, with the Justice saying “My concern is that the intent of the Act seems to be for the government control or the provincial control of the use and diversion of water and ground water in lakes, streams, rivers, creeks as opposed to the construction of docks on lakeshore.”

But the higher court has now ruled that decision was an error in law in the interpretation of the Water Act.

“By virtue of the definition of “changes in and about a stream,” “stream channel,” and “stream,” the driving of piles into the bed of Okanagan Lake constitutes making changes in or about a stream as defined by the Water Act,” wrote Mr. Justice Gary Weatherill in his decision.

The acquittal of Desautels was set aside and a conviction entered resulting in the reinstatement of the fine.