Why this Ontario town created a bylaw for using bubblers in lakes

Why this Ontario town created a bylaw for using bubblers in lakes

Frozen lakes attract winter warriors looking to partake in recreational activities including skating, skiing, ice fishing, and snowmobiling. It’s a large part of how cottagers embrace the winter weather. However, what they don’t look forward to is the damage caused by the expansion and contraction of the ice to in-water structures such as boathouses and docks.

Enter de-icers. These devices prevent ice from forming around your structure by keeping the water open. The two most common types are bubblers and agitators. Powered by an air compressor, bubblers produce small bubbles through a perforated hose to disturb the surface of the water. Whereas an agitator is moored to a rope and uses a propeller to draw warm water from the lake bottom to the surface.

While these devices may protect your structure, the open water they create can also endanger snowmobilers, wildlife, and other cottage-goers. That’s why in September of 2023, the Township of Armour, located about 30 kilometres north of Huntsville, enacted a bylaw regulating the use of de-icers.

“We’ve got several lakes, but tend not to have issues with big docks in our township [because] we don’t allow boathouses,” says Rod Ward, Armour’s mayor. “So, the bubblers never really came up as an issue around here until last year.”

According to Ward, the entire bylaw stems from one cottager. In the winter of 2023, a property owner on Three Mile Lake installed a 300-square-metre dock—approximately half a basketball court—significantly larger than what’s allowed in the local bylaw. However, the owner managed to find a loophole, claiming that the dock was an aerodrome—a landing space for floatplanes. Aerodromes fall under federal jurisdiction, leaving the municipality powerless.

FAQs about leaving your dock in over winter

Last winter, the property owner also installed de-icers around the dock. “The area that was cleared in terms of melted ice was huge. It affected neighbours on both sides and went well out into the lake,” Ward says. “It was probably 15 to 20 metres out.”

The open water drew concerns from property owners who use the lake. “His neighbour is an avid snowmobiler,” Ward says. “What if somebody’s visiting and goes flying down there on a snowmobile and doesn’t notice that there’s open water?”

Creating that much open water is likely the result of either using multiple de-icers, installing the de-icer incorrectly (such as placing it on an angle), or running the de-icer 24/7.

To limit the chance of anyone or anything going through the ice, Armour introduced regulations for the use of de-icers last September. The township did consider banning de-icers but didn’t want the bylaw to look like it was targeting the aerodrome property owner.

“As far as I know, in Armour Township, that’s the only de-icer that I’m aware of, and I’ve been here for 25 years,” Ward says. “I’ve never seen one on any of the other lakes in this area because the docks tend to be pretty small. People just take them out in the fall.”

The township’s lawyer couldn’t find any other bylaws in Ontario to inform Armour’s regulations and instead used legislation from the U.S. As part of the bylaw. Property owners are still allowed to use de-icers (after December 21), but they must be within three metres of the structure they’re protecting; include a “Danger Open Water” sign, visible from 45 metres away in all directions, and be equipped with a pulsating amber light.

Certain areas regulated by Parks Canada do restrict de-icers, such as the Trent Severn Waterway. Property owners along the TSW would have to receive special permission from Parks Canada to install a de-icer.

The Criminal Code of Canada also has rules around creating openings in ice. Anyone who creates an opening in the ice is under legal obligation to guard the opening in a manner that prevents people from falling in by accident. Failing to do so could result in serious offences, including charges of manslaughter.

While other Ontario municipalities haven’t regulated de-icers, they are aware of their dangers. In its fall 2023 newsletter, the Muskoka Lakes Association published suggested guidelines for using de-icers.

• Keep the device within five metres of the structure
• Use a timer or thermostat to shut the device off and prevent excessive open water
• Ensure the de-icer isn’t installed on an angle

The Georgian Bay Association advised similar steps, adding that cottagers should avoid doubling up on de-icers in one area, and have someone regularly check the de-icer if the owner isn’t staying at the property.

In its newsletter, the Lake of Bays Association claimed that they promote algae growth by altering water temperatures and light conditions, as well as disturbing sediment which can release phosphorus.

Since introducing the bylaw, Ward says the aerodrome property owner has been abiding by the de-icer regulations. It helps that the neighbours are watching closely, he jokes.

“There’s just so many dangers associated with de-icers, and all to protect a dock,” Ward says. “I’m not sure that’s worth it.”