Recently, the PHARA Board has been contacted by several members regarding a government email requesting the voluntary “self-registration” of docks.
We have sought clarification from the government on this matter.
• Click Here to read the letter we sent to Minister Cullen on September 19.
• Click Here to read the Ministry’s response from November 14.
Key Observations:
1. No Progress on Negotiations:
There has been no change in the secretive negotiations between the government and the
shíshálh Nation regarding statutory decision-making authority under the Land Act (Section 7 of DRIPA and Order in Council 444/2022).
2 Unclear Purpose of Registration:
The purpose of the government’s request for dock registration for people with tenure is unclear.
Tenured dock owners already possess necessary permissions, and the government has existing
records on file. This raises critical questions:
- What additional information is being sought?
- How will this information be used?
2. Impact on Non-Compliant Docks:
It remains uncertain how registration may affect docks that do not fully comply with government requirements. Could registration result in demands for modifications, or even removal of docks?
3. Revocability of “General Permissions”:
The government’s documentation states that “general permissions” are not contracts and
may be revoked at any time. A sample permission form explicitly notes:
“The Minister may revoke permission for a Dock or Boathouse at any time in their sole discretion without incurring any liability to the owner… and, within the period specified in a written notice of revocation, the owner must remove all parts of the Dock or Boathouse from Crown land.”
PHARA’s Position:
PHARA advocates for long-term tenures for private docks which cannot be revoked at the whim of the government and insists that the province must issue fair, timely, and objective decisions on Land Act tenure applications.
To help clarify these issues, we’ve produced an AI-generated podcast explaining the contents of our legal Petition in simple terms.
• Listen to the Petition podcast here
Our ongoing court challenge to the Declaration on the Rights of Indigenous Peoples Act (DRIPA)
remains critical—not only to address the DMP but also to protect land rights across the province.
• Read our petition here
• Donate here to support this important legal challenge
Next Steps for Dock Owners:
The decision to self-register your dock, as requested by the government, rests with each dock
owner. However, we encourage owners to carefully consider the potential implications, especially
in light of the uncertainties outlined above.
