$250 in Fines for Ontario Ice Climbers on Often-Climbed Ice Route

It’s been cold enough in southern Ontario to freeze a number of waterfalls that haven’t formed for a few years, at least not enough to climb safely. NP and his partner MF were recently climbing a popular-when-formed ice route in called Hwy 403 Icefall in Hamilton. By-law officers arrived and gave them both $125 in fines. They’ve asked us not to use their full names.

On page 16 of the guidebook Southern Ontario Ice by Andriy Kolos is the description for the Hwy 403 Icefall, also known as Lower Princess Falls, which forms below the Chedoke Radial Trail and above Hwy 403. The description in the book reads: “A number of variations abound to keep on busy. Although this is the biggest climb in the immediate area, more can be found in the surrounding ravines and gullies. There’s much to explore!”

Lower Princess Falls had been climbed by others this season, including during a previous visit by NP.

Hamilton doesn’t allow climbing within its municipal parks and in the city’s manual A By-law To Manage and Regulate Municipal Parks, it reads, “No person shall, in any park, unless expressly authorized by permit: climb or descend any natural formation, including but not limited to a cliff, precipice, rock face, overhang, or gorge, or any building, structure or equipment, unless such equipment or structure is specifically created, designed or erected for the purpose of climbing.”

However, the 20-metre Hwy 403 Icefall is not located in any park, but Upper Princess Falls, a seven-metre trailside attraction, is located in Scenic Park. To access the descent to Lower Princess Falls, you have to walk through Scenic Park, but you leave the park boundaries before the descent.

We chatted with NP about the encounter with by-law: “They were nice but stern. We had a bit of small talk about climbing in general. Ultimately they said that someone called in to complain, and that’s why they came and issued tickets.”

NP said they each got ticketed $125: a $50 fine for ascending/descending a cliff in a park, and a $75 fine for entering a prohibited area.

By-law said that climbing the Hwy 403 Icefall is a distraction to drivers. About that, NP said, “I think it’s totally dumb. It should be up to the driver to not be distracted and keep eyes on the road.”

Many popular climbing areas in Ontario and Canada are close to roads, including the often-busy ice and rock routes at Eagle’s Nest in Bancroft.

“Everyone I’ve spoken to has said it’s a grey area,” said NP. “Another climber told me that police came by and just asked what they were doing, told them to be safe and didn’t do anything else.”

When asked how the ice conditions were, NP said, “This weekend ice was pretty rotten, quite chandeliery. Last week there was a duo of pretty experienced climbers and he said he probably wouldn’t want to lead it.”

NP plans to fight the ticket, so we’ll circle back to this story later.