The Dock Management Plan (DMP) is a heavy-handed set of regulations threatening our way of life in Pender Harbour and the Sunshine Coast. Introduced in 2015 and it is continually expanded, it’s a bureaucratic nightmare for dock owners and aspiring builders alike.
The government has recently announced changes to the dock management plan which will provide some reprieve for existing dock owners. While the full details of the new plan have not been released yet, you can find information at the following links:
• Updates to Existing Dock and Boathouse Owners in the swiya Fact Sheet
A letter was emailed by the Pender Harbour and Area Residents Association on Thursday, September 19, 2024 to Nathan Cullen, Minister of Water, Land and Resource Stewardship, Deputy Minister Lori Halls and Premier David Eby. As of October 9, PHARA had not received a response.
A petition has been filed in BC Supreme Court, challenging the Declaration on the Rights of Indigenous Peoples Act (DRIPA). That is the law the BC government uses to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in BC.
After extensive deliberations and exclusion from government negotiations with the shíshálh Nation, the Pender Harbour and Area Residents Association (PHARA) board has instructed its legal counsel, McMillan LLP, to file proceedings in B.C. Supreme Court.
PHARA recently received an email from the Provincial government regarding land use planning under the shíshálh Nation Foundation Agreement. PHARA is not allowed at that table.
The B.C. government and shishálh Nation made changes to a contentious dock management plan for the Sunshine Coast.
Interviews with Robin Junger and Sean McAllister (PHARA) in Pender Harbour.
Watch and share this message from Kevin Falcon, Official Leader of the Opposition & BC United party leader.
New DMP Proposal Threatens Economic and Environmental Catastrophe.
Opposition to latest Dock Management Plan growing Coast-wide.
The government has recently announced changes to the dock management plan which will provide some reprieve for existing dock owners. While the full details of the new plan have not been released, click here.
After 20 years, the Province still refuses to seriously consult with property owners
After a 10-year moratorium and 10 subsequent years tinkering with a Dock Management Plan (DMP) that remains untenable, the Province and the shíshálh Nation have failed miserably, according to the Pender Harbour and Area Residents Assn (PHARA).
Following the latest round of DMP amendments announced in November-which expanded the plan to include all the shíshálh claimed territory-and after a 90 day “public engagement” period, about 1,700 comments were received by the Province from concerned stakeholders. They raised fundamental issues with the government’s implementation of the DMP. “This is not something the Province can be smug about,” said PHARA director Sean McAllister. “This is clear evidence that the DMP has been an absolute and abysmal failure since its first draft in 2015 and following several ill-thought-out iterations.”
While a simple dock application sits in government offices for years, government somehow found a way to summarize all 1,700 submissions in a few weeks. But on reading the “What We Heard” summary report, PHARA concluded the summary is rushed, trivialized, slipshod and inaccurate by omission. Many of the concerns expressed by the community-such as asking for the science behind implementing zones where docks may or may not be permitted-were, despite numerous comments – not even mentioned in the summary. The Province chose what to include and the document more accurately could have been titled, ‘What We’ve Chosen to Hear.’
“Why bother if they were not going to report out on everything?” said McAllister, “We call upon the province to publicly release all the submissions in their entirety – all British Columbians need to see how voices are being ‘managed’ here.”
PHARA cannot accept that the Province and the shíshálh continue to refuse, for 20 years now, to consult in any meaningful way with stakeholders, and it is not conducive to reconciliation. Instead, the DMP has been thrust on the community by the Province and the shíshálh, developed behind closed doors and then handed down to the community as a fait accompli. Receiving comments, cherry-picking them and the science, and then moving forward without face-to-face discussions is an insult to stakeholders who are most impacted by proposed changes. “This whole DMP controversy could have been avoided if we’d all sat down at a table as equal participants from the start,” noted McAllister. “Instead, government has created unnecessary conflict.”
To be clear – representatives of the provincial Ministers of Water, Land and Resource Stewardship and Indigenous Relations and Reconciliation have recently sought meetings with PHARA and other parties. But they have been unwilling to confirm that there are no “pre-conditions” to the discussions. They have refused to confirm the DMP itself and the pending negotiation of a related agreement under the Declaration on the Rights of Indigenous Peoples Act are on the table to talk about. And they have required some parties to sign non-disclosure agreements – which PHARA will not do. Citizens should not have to agree to be muzzled in order to meet with those who hold public office.
“The current Dock Management Plan needs to be scrapped in its entirety, along with the secret negotiation of the agreement to give the sishalh Nation legal powers under the Land Act,” said McAllister. “We need to go back and start again from scratch, working together as equals – this is not the way to advance reconciliation.”
For a summary of comments from the public compiled by the province and the shíshálh Nation regarding the proposed changes to the DMP.
Interviews with Robin Junger and Sean McAllister (PHARA) in Pender Harbour.
Your support in challenging the proposed Dock Management Plan amendments has led to a last-minute extension of the comment period until February 16, instead of the original deadline of January 12. We attribute this extension, in part, to the letter addressed to Minister Cullen from our legal counsel at McMillan LLP. This additional time is crucial as we continue to attempt a meeting with the Minister responsible, enabling us to directly express our concerns regarding the poorly thought-out amendments to the DMP. If you haven’t read our letter to Minister Cullen, click here.
If you haven’t yet submitted your comments, there is still an opportunity to do so. Please click here, using Reference No. 2412772, to submit your comments to the province (click View Application Details) to submit your comments to the province. Additionally, ensure you send a copy to board@phara.ca, WLRS.minister@gov.bc.ca, premier@gov.bc.ca, and Simons.MLA@leg.bc.ca.
Many of our members have inquired about the Waterfront Protection Coalition and our association with them. We want to clarify that we wholeheartedly support this parallel group. The Waterfront Protection Coalition operates with a distinct set of resources, a mandate that spans the coast and province, and is actively raising funds for legal and other initiatives.
It’s important to note that PHARA specifically concentrates on the Sunshine Coast, particularly the shíshálh swiya region. Our newly established Sunshine Coast Dock Management Committee comprises approximately 20 representatives, not only from the Pender Harbour area but also from the entire Sunshine Coast, including lakes and islands, such as Nelson and Hardy. These representatives provide updates to their respective members following our meetings.
Our organization has fostered a nearly decade-long relationship with the Sunshine Coast Regional District (SCRD), the Provincial government, and the Nation. PHARA’s primary strategy is to advocate for a pause in the Dock Management Plan (DMP) and for all involved parties to engage in collaborative discussions to find a viable solution. Our focus lies in challenging the DMP on legal grounds, and any funds we raise are strictly allocated for legal fees. We extend our gratitude to those who have contributed to our legal funds. Although we are unable to thank each of you personally, your support plays a vital role in defeating the amended DMP.
Thank you for your ongoing support. We encourage members to consider contributing to our legal fund. Click here if you can assist.
Thank you from your PHARA Board
Sunshine Coast residents and cottagers, represented by the Pender Harbour and Area Residents Association (PHARA) under its Sunshine Coast Dock Management Committee (SCDMC), are opposing proposed amendments to the contentious Sunshine Coast Dock Management Plan, negotiated in secret between the province and the shíshálh Nation— without any consultation with those most affected. Proposed changes include the removal of about 700 boathouses at the end of their tenure and a new maximum dock size which will exclude private vessels over 30 feet.
PHARA’s legal counsel, McMillan LLP (Joan Young and Robin Junger) submitted a letter to Hon. Nathan Cullen, Minister of Water, Land, and Resource Stewardship highlighting significant legal issues. Click here for the legal counsel letter.
PHARA urged the government to extend the January 12, 2024 public comment deadline, pause the process, and engage with PHARA and its legal counsel. Government announced on January 12, 2024 that it has extended the consultation process until mid-February 2024. PHARA continues to press the government to meaningfully engage with residents and cottagers on this flawed Plan.
Pender Harbour and Area Residents Association
Dear Concerned Sunshine Coast Residents, Dock, Foreshore, and Boathouse Owners and PHARA Members,
We wanted to provide you with an update on the recent developments concerning the proposed amendments to the Dock Management Plan (DMP).
The Pender Harbour and Area Residents Association (PHARA) is actively engaged in addressing the proposed changes to the DMP. At a virtual meeting with representatives from the shIshálh/Province on November 24th, PHARA was presented with an overview of the proposed amendments, though not given the particulars. Those changes encompassed various aspects, such as dock area and length limitations, boathouse removal upon tenure completion, and the extension of the DMP to cover the entire shIshálh swiya, including freshwater lakes. This information was also sent to dock owners on the same day.
Subsequently, supporting documents and an engineering report, forming the basis of the proposed changes, were provided. Despite our inquiries regarding adjustments to the four Zones and the light penetration issue, we were informed that these matters would not be open for discussion. The meeting primarily served to provide PHARA with an overview rather than fostering substantial consultation.
The proposed amendments have generated significant concern throughout the Sunshine Coast, leading to an influx of phone calls and emails expressing dissatisfaction and questioning the practicality of the changes. The shIshálh and province presented the proposed amendments to the SCRD board on November 30th, with a notable turnout of approximately 100 individuals in physical attendance and 180 participating via Zoom. This marked one of the largest turnouts for a SCRD board meeting, and Area A representative Leonard Lee, among others, posed pertinent questions. Unfortunately, the responses provided were limited.
A small development is the extension of the comment deadline from December 14th to January 12, 2024, however, due to the significant impact of the changes, this is still not sufficient. Representative Len proposed an SCRD motion, supported by the entire Board, to further extend the deadline to mid-May, this extension has not been implemented as of yet. PHARA has also requested the same extension directly.
Additionally, recognizing the widespread impact of the proposed amendments, we are in the process of forming a broader coalition called the Sunshine Coast Dock Management Committee (SCDMC).
The aim of the SCDMC is to represent all areas of the Sunshine Coast, including commercial operators, clubs, associations, lake shore groups, various business sectors and non-profit organizations affected and soon to be affected by the proposed changes. Our goal is to unite the Sunshine Coast, pool our resources and speak with the loudest voice possible.
We are currently exploring all legal and political avenues under a global approach meaning that all residents in the Sunshine Coast are being taken into consideration while exploring these options. Our goal is to minimize the impact of the DMP on the Sunshine Coast and surrounding areas to the greatest extent possible. Legal opinions and strategies can take a bit of time to formulate, but will we keep everyone updated as we gain new information. We will be reaching out to the community for assistance with these endeavors and providing more information on how we will proceed in regards to our fundraising initiatives.
We very much appreciate your support and look forward to welcoming some fresh ideas through the SCDMC. To further assist our efforts, we ask you please join PHARA please Join Us. The more members we have, the stronger our voice.
Sincerely,
PHARA
To view the proposed amendments to the Dock Management Plan, Click here
As of October 2022, we sent three emails with attachments on April 13, June 14 and October 10 requesting acknowledgement and response from those we had been dealing with (Jasmine Paul and Kevin Haberl who have since moved on). The October 10 letter was addressed to hiwus Warren Paull and Murray Rankin, Minister of Indigenous Relations and Reconciliation again asking for an acknowledgment and response (see below). It was cc’d to Doug Caul, Deputy Minister, Ministry of Indigenous Relations and Reconciliation; Heinz Dyck, Chief Negotiator, Ministry of Indigenous Relations and Reconciliation; Greg Mouchain, Manager, Authorizations (Land), Ministry of Forests; Steven Feschuk, Rights and Title Office, shíshálh Nation; Leonard Lee, Director, Area A, Sunshine Coast Regional District, Nicholas Simons, MLA Powell River-Sunshine Coast. To date, we have not received a single response.
That original letter is below:
DMP Response Letter to Jasmine and Kevin – April 6, 2022
Dear Hiwus Warren Paull and Honorable Ministers Rankin and Conroy:
The following email was sent to your staff on April 13, 2022 and again on June 14, 2022. To date, six months after our initial email request, we have received no response or even an acknowledgment of receipt of our email and attached letter. We are aware that Jasmine Paul and Kevin Haberl are no longer in their previous positions, so we are forwarding this to you. We are respectfully requesting a reply to this email so we can move forward. Should your staff wish further clarification, please have them contact us directly.
Peter Robson, Bill Charlton, Sean McAllister
When the Provincial Government and the shíshálh Nation imposed a new set of onerous regulations concerning dock placement and construction in Pender Harbour without consulting the local community, the community was shocked and angered. In some areas, docks would have to be removed for environmental reasons, though there was no supporting science. Other areas would require new docks to be shared. New dock construction requirements were not based on real science and would actually cause danger. Unproven technologies were given as fact.
This is the major issue of concern for Pender Harbour and will have ramifications throughout BC.
Scientific Reports and Studies
In April 2015, the province released a Draft Dock Management Plan (Draft DMP) for Pender Harbour. The Draft DMP imposed strict restrictions on the owners of foreshore leases and renewals of existing leases. It also divided the harbour into 3 zones (different restrictions were applied to each zone without any scientific basis).
The draft DMP was withdrawn due to public outcry and following a town hall meeting in May 2015. As a result of this, in November 2015 former AG Barry Penner, K.C., was retained by the province to undertake an independent review of the Draft DMP. He wrote a comprehensive report (the “Penner Report”) which included 13 recommendations. The Penner Report is referenced in the June, 2016 Gov to Gov agreement, though the majority of the recommendations were never addressed by the province.
In March 2018, a study on the impacts of docks in Pender Harbour by M.C. Wright and Associates was released. It was commissioned by the Ministry of Forests, Lands and Natural Resources. This very detailed report makes many references to the lack of certainty around the study. Words used throughout (like “may”, “possibly” and “might”) attest to the lack of definitive causation in the report.
In October of 2018, the Foundation Agreement was signed with the province and the Sechelt Nation, essentially forming a joint working group to oversee foreshore leases and dock management in Pender Harbour.
In March of 2019, in response to the M.C. Wright report, the Pender Harbour and Area Residents Association (PHARA) retained experts directly refuting the science behind the DMP and sent the reports to the province (environmental, engineering and safety report).
In March of 2021, the province and the shíshálh Nation released a new version of the DMP.
In January 2023 PHARA sent a letter to the government and shíshálh Nation asking 22 questions, many regarding Section 7 of the Declaration Act. To date, none of those questions has been answered.
On November 24, 2023, the province released new proposed amendments (soliciting public consultation (they only asked for comments, there has been no discussion about consultation or collaboration, closing on 12/Jan/2024) allegedly based on an engineering report by McElhanney Ltd dated January 2023.
Under the new proposed amendments, the Penner Report recommendations and the community’s environmental, engineering and safety studies were not addressed and in subsequent discussions with the province and the shíshálh Nation, the two parties refused to discuss two of the key issues raised by PHARA: light transmission in docks and the arbitrary implementation of the three Zones. In the new proposed amendments the affected region will be expanded to include virtually the entire Sunshine Coast (including freshwater lakes), impose retroactive dock size restrictions, and ban all of boathouses regardless of previous tenure status.
Due to public outcry over the proposed new amendments, the December 14, 2023 deadline to comment was extended to January 12, 2024.
On March 14, 2024, the province released a summary of the 1,700 or so public comments. On August 1, the province released changes to the DMP based in part on consultations with affected groups.
