https://waterfrontprotection.org/secure-your-20-year-dock-license-updates-for/?ref=waterfront-protection-coalition-newsletter

• In September, a Request for Proposal (RFP) was issued by the Shishalh Nation, under an invitation-to-bid process. The sLSA expressed concern about this development, as we understood the RFP would be an open bid process arranged by WLRS (the Government Ministry). Nevertheless, all parties were able to recommend bidders, and we felt the best qualified bidder was selected.
• The sLSA was part of the process for nominating and evaluating the bidders on the Request for Proposal.
• A contract for the literature review has recently been awarded to Limnotek, www.limnotek.com, and their work is expected to conclude in January 2026. The sLSA are supportive of Limnotek being selected. As BC-based limnologists with expertise on freshwater ecosystems, we believe Limnotek is well qualified to conduct the literature review.
• The key deliverables of the RFP include a comprehensive literature review with citations and an integrated knowledge report (including local knowledge), a cumulative effects framework, and recommendations for best management practices (BMP’s).
• Since the contract was awarded, the sLSA has forwarded a copy of our Lakes 101 presentation, our suggested articles to be considered as part of the literature review, and our recommendations for freshwater BMP’s reflecting the unique nature of the lakes and the docks, boat ports, and boathouses on the Sunshine Coast, as distinct from ocean BMP’s.
• The sLSA will consult with the contractor, the BC Government, and Shishalh at every opportunity throughout this process. Although we are not in control of the final outcome, the sLSA is hopeful that the final report and resulting BMP’s for freshwater will reflect the needs of our lakes. We are advocating for a balanced and reasonable dock management plan that fits and works for current and future dock owners, while supporting lake and foreshore health.

We have also supplied recommendations related to the License of Occupation (LOO) requirements and application process likely scheduled to begin later in 2026. We are monitoring the ocean LOO process and making recommendations to follow a similar, but lake-appropriate process for freshwater docks and boathouses. As a reminder, the BC Government will not open the registration process for freshwater docks and boathouses until the research has been completed, so it is not yet time to apply for registration.

Please reach out to us with questions that may arise, and we thank you for your continued support during this process

Also, please see the Sakinaw Sockeye Returns Trends on this webpage: https://slsalliancebc.ca/reference/

From the sLSA Advisory Group Representatives:
Larry Van Hatten, Andrew McFadyen, Brad Edgelow, Bev Van Hatten

The Governments proposed a Literature Review, rather than do an in depth lakes study.   This review will inform future decisions about docks and boathouses,  as well as make recommendations to revise and create fresh water Best Management Practices (BMPs) for swiya lakes. 

Three lakes meetings have been held so far to fine tune the wording for the Literature Review Scope of Work, and to prepare a FAQ document answering relevant questions that the sLSA has raised on behalf of dock owners.  The FAQ has now been published and is available here:  (link)   

It is hoped that the Request for Proposal will be posted in June and sLSA representatives have been invited to be part of the selection of the contractor who will conduct the Lit. Review.  A timeline of about 3 months for preparation is expected and meetings will then continue, reviewing recommendations and shaping future BMPs. 

Last week, Andrew McFadyen (Ruby Lake) shared a “Lakes 101” presentation with the objective of ensuring all Lakes Advisory Group members have a thorough understanding of our lakes, local ecology, our community concerns and the important stewardship that is ongoing.   Much time was spent by the sLSA Exec to prepare slides that clearly show the difference between marine and freshwater environments and docks.  Please refer to the attached PDF to enjoy Lakes 101:  (link)  

Lastly, we are delighted the government has confirmed that all lake docks and boathouses in place as of July 1, 2024, are eligible to be grandfathered.   The FAQ just published (link) re-affirms that announcement.  Future discussions will be needed regarding new structures and the Governments plan to address new dock requirements. 

The freeze on new dock and boathouse construction initiated November 2023 remains in place.  For the time being, self-registration for freshwater docks and boathouses is not yet available, and will likely begin in late 2025 or 2026.  The sLSA remains committed to advocating for a fair and reasonable dock management plan for freshwater docks and boathouse owners. 

Your continued support is appreciated and we will provide updates as progress occurs. 

The shíshálh-BC Land Use Planning Table would like to notify you that there has been an update to the project website, please see below.

We are pleased to invite you to participate:

• Learn about the Current Condition Assessments on the Engagement Website
• Provide input that will help shape the Land Use Plan (LUP).

From 9:00 a.m. April 22^nd to 5:00 p.m. June 23^rd, 2025, we are pleased to invite you to participate in the Phase II Engagement period and to provide your input on the Current Condition Assessment Findings and Preliminary Considerations for Planning.

On the Project Website, visit

1. The Engagement Tab for opportunities to interact with the Land Use Planning Table and access to the online Questionnaire,
2. The Documents Tab for downloadable copies of the ‘FAQs,’ ‘Backgrounder,’ ‘Navigation and Engagement Details,’ and ‘What is a CCA’ documents.

Your contributions during Phase II Engagement will help guide Land Use Planning in the swiya toward a thoughtful and sustainable outcome. Thank you for your interest in the shíshálh-BC land use planning process and we look forward to your participation.

It is not yet time for dock owners on the lakes to start registering their docks.  Additional advisory work and a literature review is planned before dock registration will be open for freshwater lakes. 

2.    Freshwater Advisory Process

A freshwater advisory group has been established with representatives from the BC Gov, shishálh Nation, Sunshine Coast Conservation Association the District of Sechelt, and three sLSA representatives (Andrew McFayden, Bev Van Hatten and Brad Edgelow).  We are expecting a Q&A sheet from the Province to further explain the advisory process.  The sLSA aims:

• To ensure a pathway for grandfathering of existing docks and boathouses to achieve renewable tenures, equivalent to the marine process but specific to freshwater
• To advocate for freshwater dock and boathouse best management practices, distinct from marine requirements.
• To encourage local stewardship of the lakes and to ensure that community efforts are recognized. 

3.  Foundation Agreement Update:

The Provincial government and shíshálh Nation recently renewed the 2018 Foundation Agreement.

For anyone interested, there will be a virtual information session to find out more about the updated agreement.

Renewed Foundation Agreement Link and Announcement

Dates: March 20 and 31, 2025
Time: 7 p.m. to 8:30 p.m.
Format: Zoom video conference

Representatives from the Ministry of Indigenous Relations and Reconciliation and the Ministry of Water, Land and Resource Stewardship will provide details on the Foundation Agreement renewal, how it relates to the shíshálh swiya Dock Management Plan, and what it means for residents of the Sunshine Coast.
Questions and comments will be accepted and addressed during each session.

Dock owners can submit questions to the government on the Foundation Agreement and the Dock Management Plan via email: IRRCoastNegotiations@gov.bc.ca

Additional updates will be provided as details unfold.

We welcome your feedback.

Best Wishes,

Larry Van Hatten and Andrew McFadyen,
Co-Chairs, swiya Lakes Stewardship Alliance

Dates: March 20 and 31, 2025
Time: 7 p.m. to 8:30 p.m.
Format: Zoom video conference

Representatives from the Ministry of Indigenous Relations and Reconciliation and the Ministry of Water, Land and Resource Stewardship will provide details on the Foundation Agreement renewal, how it relates to the shíshálh swiya Dock Management Plan, and what it means for residents of the Sunshine Coast.

Questions and comments will be accepted and addressed during each session.

The Honourable Randene Neill, Minister of Water, Land and Resource Stewardship and MLA for Powell River – Sunshine Coast will provide opening remarks.

A meeting link will be available before each session on the Government of B.C. website at www.gov.bc.ca/shishalhFoundationAgreement. A copy of the presentation and additional resources will be posted to the same web page following the second information session.

The Province and shíshálh Nation are committed to speaking with people about agreement components that have the potential to impact local government, interest holders and the public.​

Additional information and engagement opportunities are being planned for specific components of the Foundation Agreement renewal. More information will be made available as we begin this work.

Questions about the Foundation Agreement renewal can be sent in advance by email to IRRCoastNegotiations@gov.bc.ca.

Yesterday the BC Government published the long-awaited Foundation Agreement renewal, dated August 16, 2024. More information such as details on the renewal, funding commitments, fact sheet and the original 2018 agreement can be found on the shishalh Nation BC Foundation Agreement page here. The corresponding government press release is available here.

You can view the Foundation Agreement Addendum PDF here. Part 17 and Schedule G of the document specifically deal with the Dock Management Plan.

The shishalh swiya Dock Management (formerly titled Pender Harbour Project) page was updated with additional information.

Excerpts:

“The renewal affirms the changes to the shíshálh swiya Dock Management Plan (DMP) that the B.C. government and shíshálh announced in August 2024. Additionally, the renewal includes commitments to conduct more studies in the foreshore, to undertake shared monitoring and fund restoration work conducted by shíshálh.”

“In the Foundation Agreement renewal, B.C. and shíshálh agree that, at this time, they will not be proceeding with section 7 negotiations related to dock authorizations and the resumption of those discussions will involve robust public engagement.”

“Self-registration for existing marine docks in the swiya remains open, and dock owners are encouraged to complete the self registration form online. The B.C. government and shíshálh have also begun transitioning self-registered dock owners to 20-year long-term authorizations and have offered licenses of occupation to 6 dock owners in the swiya. As this work continues, B.C. government staff will connect with self-registered dock and boathouse owners inviting them to begin the transition process."

“More information will be shared in the coming weeks. As we move forward on commitments around docks and boathouses in lake environments and commercial docks, we will be reaching out to the public through community contacts and making information available on this web page.”

The Dock section of the Foundation Agreement outlines many of the areas that the WPC Directors, through participation in the DMPAG process, sought to have included with respect to the legacy docks and boathouses.

The WPC was fully supportive of the engagement process with the shishalh, the Ministry and the DMPAG in terms of the legacy docks. This process proved to be a successful collaboration to protect the legacy infrastructure, while providing sufficient safeguards for the community, foreshore, and critical habitats in the swiya. 

The inventory of all docks and boathouses in the swiya has been completed.

Total 1410 moorages were recorded. 
Marine         905 
Freshwater  505 

There will be a freshwater advisory group likely starting in early 2025.  We expect to have three representatives on this advisory group. The advisory group, concentrating exclusively on freshwater, will advise on freshwater DMP parameters, and on environmental and habitat potential concerns. This advisory group should conclude in 2025. 

Freshwater registration is still on hold.  Freshwater registration may open in early 2025.  Stay tuned--we will let you know when registration for freshwater is open. 

Marine self-registration for private moorages is currently at 344.  Marine dock owners can register using this link:   Marine dock registration

The sLSA team did expand our scope and made a successful presentation to the SCRD relating to the staff recommendation to add an additional SPEA 5 meter buffer zone to the riparian setback and eliminate any hardscaping (landscaping) in the buffer zone.  Although the SCRD board have approved changes we feel go beyond simple legislative requirements, we believe our communications and letters were effective in the board voting against the proposed recommendations to add a 5 meter SPEA buffer zone and hardscaping restrictions there on.

If you have any comments, future recommendations or concerns, please pass them along and we will ensure all are considered in our presentations. 

Thank you for your continuing support.  
Very best wishes for a Merry Christmas and a Happy New Year

The sLSA Exec Team met this week for an update from Brad Edgelow, who was contacted by the BC Government and shishálh Nation to express an interest in moving forward with the freshwater DMP process.   His response, on behalf of sLSA,  was that we absolutely want to be part of the lakes working group.

Dock and boathouse inventories were conducted recently on the ocean, as part of the DMP process, and it was decided to inventory Ruby and Sakinaw at the same time.  Members of the sLSA exec team went out on the boats with BC Gov and shishálh Nation reps as volunteers to observe the process.  The participants noted the tone was collaborative and focused on data collection. Photographs were taken of all docks and boathouses, establishing a baseline of what exists and the condition of the structures.  Inventories on the smaller lakes are scheduled for the future, with no dates confirmed. 

There is work to be done to ensure the process, regulations, and best management practices for freshwater reflect the uniqueness of the individual lakes. The focus, for now, is two-fold: 

 1.   Ensuring grandfathering and tenure of boathouses and docks on freshwater lakes on an as built basis.  This was agreed on for marine boathouses and docks and we anticipate the same approach for lakes. 

2.   Advocate for DMP regulations appropriate and relevant for new freshwater dock construction.  Regulation needs to be informed by relevant environmental research and experts with local ecosystem knowledge and dock construction experts with knowledge about lake habitat, appropriate materials and engineering requirements.

As part of the process, sLSA has been asked to contribute names of environmental experts within our local communities, in addition to sharing our experience and any concerns that may arise in this process. 

We anticipate the three sLSA team members, who will be part of the DMP Advisory Group, to be Brad Edgelow, Andrew McFadyen and Bev Van Hatten. 

For now, the DMP registration process applies only to ocean docks and boathouses and the lakes continue to be on hold pending the freshwater DMP process.  

FOR YOUR ATTENTION:  We are preparing a set of Frequently Asked Questions and welcome questions you may have about the upcoming process.

Please forward them by Friday, October 25th to slsalliancebc@gmail.com

The Government and Shishálh Nation are welcoming this open dialogue and will respond as best they can.  

The sLSA has registered concerns with the Deputy Minister regarding proceeding with the inventory for lake docks now, since many docks have been moved to safer winter locations, boathouses may be dismantled and safety equipment may have been removed from docks and boathouses.  They have acknowledged our concern and have stated that this initial inventory is intended to gather a baseline of existing docks and boathouses. 

Photographs will be taken of docks, boathouses and foreshore structures (below the high-water mark) and dock conditions will be rated per the questions set out below  This will be a boat-based inventory activity, and no private property will be accessed, and no one should set foot on your dock.

The photographic evidence taken will provide a record of the existence and state of docks and boathouses for grandfathering purposes so you may want to take photographs prior if you plan to relocate, change, or disassemble your structures, or remove boats normally moored there.

Each boat doing the inventory has a skipper, a representative of the Sechelt First Nation, a Provincial Government employee and likely a local resident volunteer.  This is being coordinated now.  The sLSA is looking for potential additional volunteers to accompany the survey crews on the water (lake and ocean).  Please contact Cathy McEachern (cathm@telus.net) if you have any days available in the next two weeks.

Activities to be undertaken

Volunteers may be invited to participate in the collection of the following information which will be gathered on a tablet.

1.     Collecting photographs of each dock and boathouse

2.     Rating the condition of the dock/boathouse per the following questions:

a)     Boathouse present – Y/N

b)     Is boathouse being used for boat storage purposes? Y/N

c)     Is boathouse being used for additional non-boat storage purposes? Y/N 

d)     Are there additional foreshore structures Y/N

e)     Is there unencapsulated Styrofoam floatation – Y/N

f)      If unencapsulated Styrofoam, is it spalling? – Y/N

g)     Does the dock have light penetrating decking? – Y/N

h)     Does the dock have Creosote pilings?– Y/N/NA

i)      Are there any safety hazards of note? – Y/N

j)      Is the dock floating properly? – Y/N

k)     How is the dock’s overall condition (note, needs work now indicates it’s
derelict and will require remediation in the next two years) – Great/Needs
work eventually/Needs work now 

l)  Does dock’s upland property have additional foreshore structures other
than a boathouse? Y/N

Note: Some docks may have been moved/removed from the lakes and follow-ups may be required.

On Wednesday, September 18, 2024, the first step towards obtaining a 20-year renewable dock tenure was launched. The Government Dock Self Registration System is up and running for those located in the Sunshine Coast Region. More information can be found in the Government’s published news release.

NOTE: This is for Ocean Docks Only at this time.  DO NOT register lake docks yet.  Likely Freshwater registration will start some time in 2025.

https://waterfrontprotection.org/marine-grandfathering-registration-system-live/?ref=waterfront-protection-coalition-newsletter

SWIYA LAKES STEWARDSHIP ALLIANCE MEMBER UPDATE ON THE DOCK MANAGEMENT PLAN ANNOUNCEMENT

On Thursday, August 1st, 2024 the Province of BC and shíshálh Nation proposed changes to the shíshálh swiya Dock Management Plan (DMP) to address community interests regarding existing docks and boathouses for oceanfront properties only. Freshwater moorages remain on hold at this time.

The sLSA executive team met the same day, to review the announcement and what it means for property owners in the region and in particular, freshwater docks and
boathouses. Overall, the reaction was very positive about what was achieved in a relatively short period of time and the changes were significant and generally in line with community input. Below are some of the highlights from the announcement and what it means for property owners on freshwater lakes.

Key points

• This announcement is of primary relevance for marine-based private moorages. Freshwater private moorages remain on hold. Commercial dock amendments are being handled separately.

• The biggest progress point for all dock owners is the agreement to grandfather existing docks and boathouses through 3-year general permissions that will transition to 20-year renewable tenures.

• For freshwater property owners, we expect the same grandfathering principles and process as marine moorages for existing freshwater docks and boathouses, albeit with different mandatory provisions and best management practices (BMPs) reflecting the needs of freshwater ecosystems and docks.

• The other big progress point is establishing a way to issue foreshore permissions to all existing dock and boathouse owners without an onerous process (no studies required), and without creating a long backlog of bureaucracy on the processing end by the BC Government and shishalh Nation.

The process for getting foreshore permissions

All existing docks and boathouses (tenured or untenured) will be eligible for a ‘swiya-specific General Permission’ when owners self-register using an online form, which should be available in September for marine private moorages. A similar form will be available for freshwater moorages once additional studies and considerations are completed, so no action is required at this time for existing freshwater docks and boathouses. Registration will be free and no environmental and archeological studies will be required.

According to the announcement, “the swiya-specific General Permission legalizes the occupation of the Crown land the dock and/or boathouse is occupying while the Province transitions the permission to a 20-year long-term renewable authorization.”

The intention is that over the next 3 years the BC Government and shíshálh Nation will transition these general permissions to long-term authorizations (tenures). Owners will likely be required to submit a ‘Management Plan’ (including dimensions, location, and pics) as part of the transition process, however they will no longer be required to undertake environmental and archeological studies as part of the management plan (which would have been the case previously).

During the long-term tenure authorization process, owners with docks and/or boathouses overlapping known archaeological sites will be notified. Existing structures will be allowed to remain but repairs and maintenance may require consultation with xperts. In the Pender Harbour area, docks in a red or purple zone identified under the DMP will be grandfathered but no new dock permissions will be granted in red zones.

Tenures will be transferrable with the sale of a property.

All NEW docks will need to follow the current application process which includes environmental, archeological and other assessments as required by government, and adhere to the most recent best management practices. Also, no new boathouses will be permitted.

In this way, the government has a path to getting everyone’s docks authorized, and property owners have a 20-year renewable lease that protects their existing marine assets. The cost of the lease, if any, was not available at this time.

If you have already submitted an application for an existing dock or boathouse, our
understanding is that you should self-register when the relevant freshwater or marine private moorage form is available, to be eligible to transition to the 20 year tenure.

If you have already submitted an application for a new dock or boathouse, your application will be processed under the current process.

Some conditions to be aware of:

Derelict structures such as sinking docks/boathouses, docks/boathouses impeding passage, collapsing or dilapidated structures, etc., will be required to be remediated within 2 years of notification.

Docks with un-encapsulated styrofoam will need to be replaced with encapsulated styrofoam or other environmentally friendly options within a 10-year timeframe.

There are some principles to grandfathering under the BC Local Government Act that owners need to be aware of. For example, you can repair and maintain your docks and boathouses, but you cannot rebuild, replace or change the footprint. Any rebuild or significant changes would require the owner to apply for a new authorization that would need to conform the current BMP’s.

Given concerns over forest fires and climate-related severe weather events, it was agreed that non-conforming docks and boathouses damaged by natural disaster or fire WILL be allowed to build on the original site to the size/footprint of the previous structure. This is a significant and important concession that provides a greater sense of certainty for dock owners.

What’s next for Freshwater DMP?

There is still work to be done to ensure what comes down the line for freshwater dock and boathouse owners makes sense based on the context of our different lake situations. The BC Government and shíshálh Nation will be planning next steps for freshwater docks in the Fall 2024. A literature review of environmental studies of freshwater environments and mapping of habitat will be completed before any further changes are finalized. Continuing engagement with the community has been committed to by the BC Government and shíshálh Nation. The sLSA team will participate as needed to ensure the process is informed by relevant local research and dock construction best practices as well as inputs from the local communities. We anticipate a process similar to the above to will be established for freshwater docks and boathouses sometime in 2025.

The sLSA would like to thank the many volunteers who spent countless hours to help achieve this progress, all the people who wrote the 1700 letters that made a big impact, the many dock owners who donated to the Alliance, and our partners at the WPC and PHARA.

Links to Documents
Updates to the DMP, Aug 1, 2024
Fact Sheet for Dock and Boathouse Owners
Frequently Asked Questions

Today the BC Government has released an update to the DMP particularly addressing grandfathering of existing docks and boathouses.

Click here to view the details released by the Government.

Updates to management plan provide certainty for Sunshine Coast dock owners

B.C. and shíshálh Nation are making further updates to changes proposed in the shíshálh swiya Dock Management Plan (DMP) to provide additional predictability for Sunshine Coast dock and boathouse owners.

BC Gov News

Click here for the Fact Sheet

Click here for Frequently Asked Questions (FAQ)

Click here to read the Waterfront Protection Coalition (WPC) release.

The sLSA will be reviewing today’s release  and providing additional comments in the coming days . 

Here are some of the general concerns that have been shared:

*- Increased SPEA restrictions (in no build and no go zones) will decrease
property values on some properties.   Rebuilding or renovating homes that
become “legal non conforming” can be a extremely challenging*

*- Property owners require safe and easy access to their contiguous
waterfront (adjacent to the property) *

*-Access to the water from a waterfront property is long established in
case law and a necessary legal riparian right… that is why people save to
purchase waterfront property*

*- We must have a right to build some hard surfaces in the SPEA when
necessary…eg wooden stairs or ramps over steep areas to safely access our
waterfront and our boats and docks*

*- Rules for the SPEA area of our privately owned waterfront lands must be
reasonable and show common sense. **We need to draw a line in the sand!  No
more "soft core expropriation" by overly restrictive regulation .*

*- SPEA treed and shrub areas also need to be cared for **following “Fire
Safe” recommendations to keep our homes and families safe.   Vegetation in
SPEA areas if neglected could become decadent, tinder dry and dangerous
fire **hazards.*

*- Respect for the riparian access rights of private property owners should
also be acknowledged and be written in as part of any new bylaws. *

*- Including ditches and ephemeral “pop up” streams or ponds that would
trigger full setback situations is not **practical or reasonable.*

*- Easy access and egress is a safety issue for day to day waterfront usage
(to bays and lakes that serve as our water highways), for fire fighting,
and water emergencies…*


With all of the time and effort and emotional energy that is being put into the Dock Management Plan issues, for the SCRD to bring in new setbacks on some properties and new buffer bylaws at this time... is very poor timing and is inconsiderate of the community which is enduring a lot of hassle already.


Gerry
Lee Road/ friends

Public Information Meeting:

• Date: Thursday, July 4, 2024
• Time: 6:30 PM to 8:00 PM
• Location: Sunshine Coast Regional District Boardroom, located at 1975 Field Road, Sechelt

SCRD Explanation:

The meeting will be hosted in an open house format, allowing participants to drop in at their convenience during the designated hours. An information station for each proposed amendment will provide an opportunity for community members to have one on one conversations with staff on these proposed changes.

 Rescheduled Public Hearing:

• Date: Tuesday, July 16, 2024
• Time: 7:00 PM
• Location: Members of the public can join virtually / online or in-person at the SCRD’s Main Administration Building on Field Road in Sechelt. Further information can be found at https://www.scrd.ca/public-hearings. 

The SCRD has provided some responses to specific questions posed on their Let’s Talk Platform, near the bottom of the page that touch on existing structures, new construction and variances. Some of these responses highlight areas of uncertainty and complexity that need to be addressed and better understood. 

We recommend members continue to voice their concerns, whether it be in person at the above sessions or by emailing the SCRD at publichearings@scrd.ca.

We thank you for your continued support.