Waterfront owners in Port moody refusing to sign port authority’s ‘egregious’ dock-licensing terms

Waterfront property owners in Port Moody say their docks are under threat, not from rot or a storm, but an new licensing agreement.

Residents on Alderside Road said they were shocked when they received new contracts from the Vancouver Fraser Port Authority (VFPA) in March 2023.

They claim the updated terms strip away their rights, and open the door to completely losing access to their docks and foreshore lots in the future.

Owners were initially given a April 30, 2023 deadline to sign, but many have refused.

“This is about the erosion of our rights,” said Ryan Sayer, an Alderside Road resident. “If these egregious terms are to remain in these agreements, we’re not going to sign.”

Affected residents have organized town halls, formed a dock-protection society, contacted their MP, and retained legal counsel over the changes, gearing up for a potential fight.

Much of their anxiety has been fueled by now-postponed provincial changes to the B.C. Land Act, which would have allowed First Nations a greater say over land use decisions on Crown Land.

The VFPA’s Recreational Dock Program is responsible for licensing some 500 docks in the Burrard Inlet, Indian Arm and Port Moody Arm, and all properties with docks are required to have a licence.

Updates to the program began rolling out in 2020 – the first update since a moratorium was placed on licences in 2008.

The goal is to enhance protections for the marine environment and streamline the licence renewal process, according to the port authority. VFPA told the Dispatch the changes were necessary as the program had not been updated in decades.

“Our previous agreement had been in place since 1993, some of that language no longer accurately reflects the port authority’s current licensing practices,” said Brian Chow, a VFPA manager of real estate.

But for residents of Alderside Road, the terms appear to go far beyond that.

Dennis Nisbet, a retired Realtor, said his wife was on the way to the notary when he decided to look the new terms over.

“I was just blown away,” Nisbet said. “This contract is so one-sided, I don’t think we can sign it.”

The agreement states that when the licence expires in 2030, owners will have one option to renew their licence for another 10-year term. Unlike previous contracts, however, the language does not guarantee renewals, leaving owners fearful the agreements will not carry on past 2040.

It also removed a stipulation requiring “reasonable cause” to be shown if VFPA decides to terminate a licence.

The termination and expiry clauses are complicated by the fact that, in many cases, private property encroaches onto foreshore parcels owned by the federal government.

Owners could technically be ordered to remove structures like retaining walls and decks if their licences were nixed.

Nisbet said this applies to his seawall, which serves as the structural anchor for his property. He said if he were forced to remove it, his whole house would collapse.

Further concerns have been voiced regarding annual fees being significantly increased starting in 2025, pollution liability and testing requirements, and licence transfers and structure removals upon any sale of a property.

Nisbet was initially at the forefront of getting his neighbours organized.

He sent out notices to all Alderside Road residents, and hosted a town hall at his home on April 5 to review the changes from the previous contract. Around 75 people attended, Nisbet said.

The meeting led to the creation of the Alderside Residents Committee (ARC), which began distributing notices to other affected property owners in the VFPA’s jurisdiction.

Residents reached out to Port Moody–Coquitlam MP Bonita Zarrillo, and continued to hold town halls in an effort to lobby the port authority.

In August, 2023, VFPA decided to host a video conference call led by Jennifer Natland, vice-president of real estate, to address individual concerns and respond to questions.

Several revisions to the contract were announced based on feedback received.

Initially, the terms gave VFPA the authority to axe a licence with 30 days notice; that timeframe was now been extended to 15 months.

Additionally, language was added to clarify that licences can only be terminated for the purposes of fulfilling the port authority’s mandate under the Canada Marine Act.

Licences would not be terminated arbitrarily, according to Natland, who assured owners that steps would be taken only if they were in default, or if the VFPA was legally required by a court or governmental decision.

Further revisions were made to make clear that licensees would only be liable for pollution that they (or their guests) introduce into the environment.

All licences issued since September, 2023 have included these changes, the VFPA told the Dispatch.

While the updated licences do not authorize encroachments, neither did previous licences, Natland said, adding licensees do not have to remove any structure unless ordered to.

She further qualified the port authority has never required a waterfront property owner to remove encroachments, and there are no plans to address the issue on a larger scale.

Lastly, Natland said that while VFPA currently expects to be issuing dock licences beyond 2040, they cannot predict the future legal and regulatory environment.

“That is a big part of the reason why we actually have termination clauses in the agreements,” Natland said. “Things change over time, the world changes, the context that we’re operating in changes.”

Despite the revisions, owners are unconvinced the port authority has really listened to feedback regarding some of their principal concerns.

Sayer founded the Recreational Dock Owner Society (RDOS) in the wake of the August 2023 meeting, which has replaced the ARC in order to advocate on behalf of the broader dock-owning community under the VFPA’s program.

Its mandate is to secure a contract which guarantees renewable licences without cancellation clauses, and contains schedules for each individual property.

Sayer described the VFPA meeting as a frustrating, heavily moderated process with no back-and-forth dialogue.

Only 21 owners seen as “squeaky wheels” actually received invitations to that meeting, according to Sayer, but more than 200 ended up attending due to canvassing work by the ARC.

“That wasn’t a meeting, that was a talking-to,” Sayer said. “One of the port’s values (on their website) is collaboration. Doesn’t feel too collaborative to me.”

Furthermore, Sayer said the assurances VFPA provided during the meeting do not reflect the language actually contained within the contract.

If waterfront properties were to lose their waterfront access, he said it would decimate property values.

“I paid a premium, as did everybody else along the waterfront, for not only the use of the waterfront, but all the encumbrances – as they refer to them – for my enjoyment,” Sayer said. “If I ever decide I want to sell my property, I’m going to take a punch in the nose.”

The RDOS is actively driving membership, and retained legal counsel as of February, 2024, according to its website.

The uncertainty regarding licence renewals past 2040 has fueled suspicion of a hidden agenda where the VFPA would pass administration of dock licences over to First Nation control.

Indeed, Natland fielded several questions during the Q&A regarding whether any such negotiations had taken place, or if Indigenous land claims could cause licences to be terminated.

Although she said the VFPA regularly consults First Nations about new dock development, Natland would not wade into the topic any further, stating it was not relevant to the discussion.

“What I can say is that we are the caretakers of the federal lands,” Natland said. “What Canada may decide to do with its lands in the future is Canada’s decision.”

The VFPA told the Dispatch that Indigenous groups participated in the development of the updated recreational dock guidelines for the Burrard Inlet, but said no negotiations regarding future administration have taken place.

While acknowledging the port authority’s jurisdiction is federal, owners have pointed to recent provincial legislative and judicial decisions in their speculation.

Nisbet alluded to the now-postponed changes to the B.C. Land Act, echoing allegations that the province intended to give Indigenous governing bodies veto powers on land-use decisions. The provincial government has denied those allegations.

He also referred to the shíshálh Nation’s administration of a new dock management plan on the Sunshine Coast, which has come under heavy protest from waterfront property owners fearing their docks would be removed.

Other land disputes involving the Ladysmith Marine Society and Mosquito Creek Marina were cited by Nisbet.

“When I look at billions of dollars being given to First Nations, and thousands of acres of land for reconciliation . . . I get nervous,” Nisbet said. “We’re not important to the port authority … We’re the little pain in the butt for the port to look after.”

Nisbet, in fact, praised the VFPA agreeing to meet with owners to address their concerns, but he said they would have no recourse under an Indigenous administrator.

Sayer said the timing of licence rollout by the VFPA seemed to coincide with changes to the Land Act the province was pursuing.

“I’m not into fear mongering,” Sayer said. “But if it walks like a duck, talks like a duck, it’s likely a duck.”

The Dispatch made inquiries with Tsleil-Waututh Nation, whose traditional territory covers the lands under VFPA’s dock program, but was told no representative was available for comment.

Refinements are still being made to the agreements, but the VFPA said they expect all licence holders will receive the updated agreements by 2025.

Patrick Penner, Local Journalism Initiative Reporter, Tri-Cities Dispatch