DOCK APPLICATION - PRIVATE AND GROUP MOORAGE
A Department of National Defence Licence of Occupation, with a fixed term, generally of five years, is required for any private use of the federal Crown land, within Esquimalt Harbour. A Licence of Occupation does not convey rights to Crown land. Rather, it conveys permission, to an applicant, to use Crown land as stated in the Licence of Occupation. Permission is sought, by application, to the Esquimalt Harbour Management Authority.
The Minister (or delegate) can cancel a Licence of Occupation, at any time, without restriction. Notice of cancellation should be given as far as possible in advance (e.g. 12 months); however, it is recognized, that in some circumstances, less notice time may be given. Also, a Licence of Occupation does not mean that this same licence will be automatically renewed.
HOW TO APPLY FOR A LICENCE OF OCCUPATION
An applicant contemplating the installation or construction of a dock, that will occupy federal Crown land, is to send an application to the Esquimalt Harbour Management Authority, using the Application for Licence of Occupation Form. This application form outlines the general dimensions, intended use, and proposed location of the installation.
It is recommended that the applicant pre-advise the Esquimalt Harbour Management Authority of the intention to apply for a Licence of Occupation by letter or by e-mail. As part of this application process, the applicant must obtain approval from the following agencies:
1. Letter of municipal approval for the proposed installation (arranged by DND);
2. Transport Canada – the Navigable Waters Protection Program; and
3. Fisheries and Oceans Canada – the Habitat Management Program.
In addition, the completed application must include the following documents:
1. Application for Licence of Occupation Form.
2. Authorization Letter from the Municipality.
3. Small Project Environmental Screening Report. For forms and instructions contact Formation Safety and Environment, Environmental Program Officer at (250) 812-7987.
4. Navigable Waters Protection Program. Copy of all correspondence with Transport Canada, including the Formal Approval Form or the Work Assessment Letter. For additional information, please visit: http://www.tc.gc.ca/eng/marinesafety/oep-nwpp-menu-1978.htm.
5. Habitat Management Program. Copy of all correspondence with Fisheries and Oceans Canada, including the Project Notification and Review Application Form. For additional information, please visit: http://www.pac.dfo-mpo.gc.ca/habitat/index-eng.htm.
Note: For current, existing structures, the Project Notification and Review Application Form is to be completed and forwarded to DND for review. Fisheries and Oceans Canada approval will be required when existing structures are altered, removed, changed or moved in any way.
• Documentation showing that applicant will be able to obtain personal liability insurance of two million dollars (subject to change). This liability insurance is to be maintained for the duration of the Licence of Occupation; and
• The applicant must also provide a Certificate of Insurance showing Her Majesty the Queen in the Right of Canada as an additional named insured.
The completed application is to be mailed to the Esquimalt Harbour Management Authority.
With the Licence of Occupation in hand, the applicant can then take steps to undertake the approved work. No modification of this approved work is permitted without prior consent of the Esquimalt Harbour Management Authority. Work must be completed within a year of the start date of the licence.
LICENCE OF OCCUPATION FEES
Rates are $250/year for permissible, conforming applications. Permissible, non-conforming applications would be reviewed and assessed on a case-by-case basis.
Upon approval, an invoice will be sent to the applicant. The applicant has the option of paying annually for their licence or to make full payment for the entire term.
CONTACT INFORMATION - ESQUIMALT HARBOUR MANAGEMENT AUTHORITY
Esquimalt Harbour Management Authority
Building 262 Dockyard
Queen's Harbour Master
Canadian Forces Base Esquimalt
PO Box 17000 Stn Forces
Victoria BC V9A 7N2
Telephone: (250) 363-4950
Applicant is the owner of the dock, as well as the owner of the upland property, in which the dock is connected to.
Dock means a structure used for the purpose of mooring boats and for providing pedestrian access to and from the moored boats, and consist of a structure connected to the upland by a walkway ramp.
Federal Crown Land means land below the average high tide mark water mark, extending offshore within the recognized boundaries of Esquimalt Harbour, and administrated by the Esquimalt Harbour Management Authority.
Foreshore means that land in the tidal areas lying between the average high tide mark and the average low tide mark.
Group Moorage Facility means a non-commercial multi-berth dock similar to a private moorage facility but for the personal use of a group or association of residents from the surrounding community.
Permissible, Non-Conforming means permissible by established authorities but not in compliance with prescribed guidelines.
Private Moorage Facility means a dock that is permanently affixed to federal Crown land and any ancillary structures, such as a boat lift and anchor lines. It is for the personal and private use of the applicant.
Riparian Rights means certain rights, which run with an upland property, include access to and from the water, protection of the property from erosion, ownership of naturally accreted material, and use of water of undiminished flow and quality for domestic purposes.
Upland means land that is above the foreshore.