The purpose of this directive is to promote the safe and efficient operation of the harbour for all harbour users.
This directive applies to all harbour personnel and all users of the harbour.
10. STAY ON BOARD: Local Harbour user with a valid local permanent address, who qualifies for reduced long term moorage rates and that is not using his vessel as a primary place of residence.
1. Fishing and Recreational Harbours Act and Regulations.
2. Government Property Traffic Act.
3. Warehouse Liens Act.
It is the responsibility of all harbour users to obtain harbour directives from the Harbour Authority office. The Harbour Authority does not accept responsibility for mailing or delivery of harbour directives, nor for ensuring that harbour users have familiarized themselves with said directives.
1. Harbour personnel or the Manager may enforce all HA directives by written or verbal instruction. Any person or persons who violate any HA directive and / or refuse to follow instructions given by HA personnel may be instructed to leave the harbour.
Anyone visiting or using the harbour or its facilities does so at his / her own risk. The Harbour Authority does not assume any responsibility for loss or damage to property or persons within the harbour.
Harbour Authority personnel reserve the right to board any vessel if required during the course of their duties. The Harbour Authority assumes no responsibility whatsoever for any incidental damage done to any vessel by any of its personnel during the course of said duties.
E. VEHICLE TRAFFIC
1. The Manager may establish traffic and parking regulations including the posting of signs as required for safety and efficient utilization of harbour premises.
2. Any vehicle parked in violation of HA signs or regulations may be towed at the owner’s expense.
F. GARBAGE / ENVIRONMENTAL WASTE
1. All garbage / recycling waste is to be disposed of in the appropriate waste containers provided.
2. Negligent deposition of garbage, oil, fuel or any other substance detrimental to the marine environment in the harbour’s uplands or water lots is strictly prohibited. Any person(s) caught polluting the marine environment may be prosecuted.
3. Deposition of household and construction refuse in harbour waste containers is prohibited
1. Any person whose conduct is threatening or physically or verbally abusive toward any Harbour Authority personnel may be charged accordingly, and / or be ordered to vacate the harbour.
2. Any behavior that unreasonably disturbs or creates a nuisance for other harbour users is prohibited.
3. Drinking of alcoholic beverages is prohibited unless on licensed premises or on private vessels. Use of illegal drugs is prohibited anywhere on harbour premises.
Children age 12 and under must be accompanied by an adult when on Harbour Property. We recommend children always wear a PFDs while on the docks. Loaner PFDs from Canadian Coast Guards are available in a variety of sizes at top of ramp.
Pet owners are responsible for cleaning up animal waste
J. RECREATIONAL ACTIVITIES
1. Swimming, water skiing, scuba diving and operating any personal watercraft (i.e.sea-doos, etc.) are all prohibited within Harbour limits
2. Overnight camping on harbour property is prohibited.
III. MOORAGE CONDITIONS
A. VESSEL REGISTRATION
B. VESSEL IDENTIFICATION
Vessels in the harbour must have the following valid identification permanently and clearly displayed on the exterior of the vessel:
5. The HA reserves the right to allocate the use of any Moorage space as it deems necessary.
6. The Licensee may not shift or move any vessel other than its own without express permission from that vessel owner or the Harbour
7. All owners / operators of vessels in the harbour must comply with all harbour regulations, rules, and directives as well as all Federal, Provincial and Municipal legislation.
E. LIVING ABOARD
F. STORAGE ON PIERS OR FLOATS
Dinghies and kayaks are not allowed on floats or piers. All dinghies must be stored in or on the owner’s vessel.
H. DELINQUENT MOORAGE COLLECTION
Cranes and their use can be dangerous and can lead to personal injury and potentially death. The use of safe work practices and personal protective equipment is required when using the cranes, the person in charge, is responsible for adherence to the crane use policy and guidelines.
The Harbour Authority reserves the right to inspect any of its rented or leased premises at any time. However, the Harbour Authority does not assume any responsibility or liability of any kind due to any failure to carry out inspections.
C. THEFT / DAMAGE / INJURY
1. The Harbour Authority shall not be held liable in any manner for the safekeeping or condition of the vessels or gear stored on its property. The Harbour Authority is not responsible or liable for any damages to or loss of vessels, their tackle, gear, equipment or property either upon said vessel or upon the premises adjacent thereto.
2. Should damage and / or personal injury result from violation of these regulations, the person in violation shall be held liable. Should any damage other than normal wear and tear be done to any HA float or structure for any reason, the person that caused the damage shall be held liable.
D. OTHER SERVICES
1. Parties to Moorage agreement: the Licensee warrants they are authorized to sign this agreement on behalf of the owner (together the Licensee and the owner are hereafter referred to as the “Licensee”) and are party to this Agreement with the Ford Cove Harbour Authority (the “Authority”)
2.Payment of Fees: the Licensee agrees to pay the total of the monthly or quarterly rate moorage rate and elect hydro fee above, plus applicable GST, in advance each month/quarter. The Licensees acknowledges having been advised by the Harbour Authority what the rates are, and agrees the rates may change reasonably from time to time and those new rates are binding on the License. Any late payment due under this agreement will attract interest rates at 1% per month (12% per year), calculated daily.
3. Non-transferable License to Moor: in exchange for prepayment of the above Fees and taxes the Authority grants, solely to the Licensee, on a month to month basis, the non-assignable permission to moor the Vessel as directed on property controlled by the Authority and subject to the terms and conditions of this Agreement.
4. Termination: the Authority may terminate this Agreement: (a) immediately for non-compliance with any terms of this Agreement or the Authority’s rues or policies and procedures, (b) on 7 days notice when in the sole discretion of the Authority the Vessel’s moorage is contrary to the best interests of other Licensees or the Authority, or otherwise (c) on 30 days written notice.
5. Maintenance of Vessels and Premises: the Licensee agrees to maintain the Vessel in seaworthy condition, and at the Authority’s request, provide a current marine survey confirming its seaworthiness. The Licensee shall ensure that it and its invitees do not damage any Authority property and at all times keep Authority premises neat and orderly according to the direction of the Authority and maintain all dangerous substances in a manner as the Authority may direct.
6. Moving Vessels: the Licensee agrees that the Vessel must at all times be able to move under its own power, and that the Authority may reposition the Vessel on Authority property at any time and the Licensee shall assist in doing so.
7. Insurance: the Licensee agrees to keep the Vessel insured( with liability, wreck removal and sudden and accidental pollution coverage) at all times it is on the Authority property and to provide to the Authority, within 2 days of demand, proof of such insurance.
8. Commercial Vessel Rates: the Licensee agrees to provide to the Authority, within 2 days of demand, proof satisfactory to the Authority of the Vessel’s status as a commercial Vessel
9. Identification of Vessel and contact information of Licensee: the Licensee shall ensure the Vessel remains at all times clearly marked with the Vessel’s name, license/registration number and its emergency contact number. The Licensee agrees, in the event their contact information above changes, to advise the Authority, in writing, of their new contact information, failing which the Authority may rely on the contact information provided above for any notice to be provided to the Licensee.
10. Services to Vessel: the Authority reserves the right to disconnect or refuse water or electrical services to the Vessel at any time without notice. The Authority does not represent or warrant the continuity, quality, or compatibility of water or electrical services for the Vessel or its users and the Licensee hereby waives any past, present or future claim related to the provision of those services.
11. Compliance with Laws, Rules or Policies and Procedures: the Licensee agrees to comply, and ensure the compliance of any invitees of the Licensee, with all provincial and federal laws, and any rules or policies and procedures of the Authority set by the Authority from time to time and which may be attached as schedule to this Agreement or are otherwise posted on the Authority’s premises. The Licensee agrees “moor”/”moorage” in this agreement has the same meaning as “berthage” in the Fishing and Recreational Harbours Act and Regulations and the Federal Courts Act.
12.Breach of this Agreement: should the Licensee breach any terms of this agreement or the Authority’s rules or policies and procedures, the Licensees agrees the Authority shall have the following remedies to exercise at its sole discretion, which shall survive the termination of this Agreement:
a) to demand the Licensee immediately remove the Vessel from Authority property, and in the event the Licensee does not do so the Authority may, but is under no obligation to, move the Vessel to allocation of the Authority’s choosing. The Licensee hereby: (i) agrees any cost associated with the moving or storage of the Vessel will form part of the Authority’s lien under s.12(b)-(c) below; (ii) waives any past or present claim against the Authority for damages arising from the Authority’s movement or storage of the Vessel, even in the case of the Authority’s negligence; and (iii) agrees to hold the Authority harmless from any claims by third p[arties arising from the Authority’s movement and storage of the Vessel;
b) to sell the Vessel and its contents as a Warehouser pursuant to the B.C. Warehouse Lien Act, though hereby agreeing that the Authority is not at any time a Bailee of the Vessel and has no duty to protect the Vessel from harm;
c) to seize and sell the Vessel as a Garage Keeper pursuant to s.2-3 of the B.C. Repairers Lien Act (“RLA”) to the extent such remedy does not conflict with priorities under maritime law. The Licensee further agrees that by the Licensee removing the Vessel from Authority property with amounts owing under this Agreement the Authority is not voluntarily surrendering the Vessel for the purpose of the RLA or maritime law, and the Authority may reseize the Vessel and sell it to satisfy its unpaid account and expenses (including legal expenses) without registering a repairers lien; and
d) the Licensee agrees that any monies claimed by the Authority as owing under this Agreement, including legal expenses for enforcing this Agreement, are liquidated damages for the purpose of seizing and selling the Vessel or obtaining judgement against the Licensee and Vessel.
13. Waiver and Indemnity of Authority and Crown: the Licensee hereby agrees to waive and release the Authority and Her majesty the Queen in right of Canada (the “Crown”), their employees and agents, from any claim for loss, damage or expense, death or injury arising out of any acts or omissions (including negligence) of the Authority or the Crown in respect of this Agreement or the Licensee use of Authority property. The Licensee agrees to hold harmless the Authority and the Crown from any claims of third parties arising out of the Licensee’s use of Authority property.
14. Non-Waiver of Rights: by at any time choosing not to enforce a term of this agreement the Authority does not waive its right to, at any time thereafter, enforce the same clause of this agreement.
15. Severability and Venue: if any provision in this Agreement shall be found to be void, such determination shall not affect any other provision of this Agreement. The laws of British Columbia will govern this Agreement and its Courts will have exclusive jurisdiction over any matter arising out of or in connection with the subject matter of this Agreement.
16. Entire Agreement: this Agreement, including its Schedules and the rules or policies and procedures of the Authority, constitute the entire Agreement between the parties. No modifications/amendments shall be valid unless in writing and signed by both parties.
17. Acknowledgment of Rules or Policies and Procedures: the Licensee acknowledges having been provided the opportunity to read, or has read, any rules or policies and procedures, and any posted rates of the Authority, and acknowledges that those rules or policies and procedures and posted rates can be reviewed at the office of the Authority during business hours, and that the Licensee has a duty to themselves and the Authority to keep themselves informed of those rules or policies and procedures, and any posted rates.
Any staff member disclosing confidential information, without prior approval as outlined in section B-2 of this directive, will be subject to disciplinary actions.
CUSTOMER SUGGESTIONS AND GRIEVANCES
The Harbour Authority is sensitive to the concerns of its users and is obligated to take reasonable action regarding valid suggestions and complaints. Harbour users should submit any suggestions or complaints in writing to the Harbour Manager or to the Ford Cove Harbour Authority Board of Directors.