FREQUENTLY ASKED QUESTIONS
The questions and answers fall into 4 general categories:
- GENERAL USE QUESTIONS
- LIABILITY
- USE OF THE MOORAGE AREA
- INTOXICATION
GENERAL USE QUESTIONS
Q: Is the Land portion of the BBCA crown land licensed area open to everyone?
A: Yes. Everyone from anywhere.
Q: Why is the gate to the dock locked?
A: All marinas have to remain locked for two main reasons.
- to provide security for the boats that are moored.
- to protect the public from the hazards associated with all docks.
Q: Why won’t the BBCA allow kids on the dock to do some harmless fishing?
A: The liability is too great and the area is closed to Fishing.
Q: Can anyone park on the property:
A: No. Space is obviously limited so parking is limited.
There are three types of parking;
- short term loading area near the locked gate,
- parking for registered boat owners (1 vehicle each);
- six spaces are reserved for folks at the Kid’s Camp “Potlatch” on the left hand side as you enter the park. The Potlatch parking fees have contributed significantly to the operation and maintenance costs of the area for many years. When these are not in use by Potlatch they can be used for short term parking as long as the driver is in the waterfront park area.
Q: Why does the film industry get priority use of the waterfront (marine) property?
A: The movie industry is a major source of revenue for the BBCA which is used in a variety of community activities (unrestricted). In particular these funds are used to keep the moorage fees as low as possible.
Q: Can anyone park their boat on the land portion of the waterfront property?
A: The land portion of the property is reserved for two types of use:
- Winter storage of 1 boat/trailer for each paid moorage spot.
- Paid storage for boats/trailers on an individual basis for those who do not have a moorage space. This space rental is mainly limited to the boating season. If space is available in the winter then we may rent it as well.
- All boat parking is paid for by the boat/trailer owner.
Q: Will the BBCA tow my vehicle if I park it on the waterfront property?
A: The BBCA requests the courtesy of all users to prevent congestion of the marine property. The BBCA asks that vehicles be limited to;
- 1 per paid boat moorage;
- Vehicle while the driver is on the marine property;
- No unattended vehicles or overnight camping unless special arrangements have been made. We often need to clear the parking lot on short notice.
- No boats, trailers or other equipment unless a space has been assigned and rent paid for a specified time.
LIABILITY
Q: Why is liability such a big issue for the waterfront property?
A: All paid users of the dock facility have signed a liability waiver. The registered boat owners have also signed a waiver and are required to have their own insurance. The BBCA maintains three liability insurance policies, paid for by revenue from the waterfront area. This insurance doesn’t cover every possible contingency and that is why registered users of the dock have to sign a waiver and or have their own insurance.
Q: Why is liability insurance required at all?
A: The facility would have to be dismantled and completely removed if there was no liability insurance in effect. There is a kind of domino effect that occurs.
- If the BBCA doesn’t have valid insurance then all the BBCA Directors could be personally liable for any mishap such as someone falling off or getting injured on the dock.
- Insurance Companies limit their own risk by requiring policy holders to (always check the fine print!);
- have reasonable precautions in place to prevent and limit injury.
- the precautions must be physically checked reasonably frequently;
- procedures must be in place to ensure the precautions remain effective.
- These are collectively called “Due Diligence”.
- The BBCA must collectively exercise “Due Diligence” in order to keep the facility in existence.
Q: Can the BBCA do anything more to eliminate liability associated with the marine property?
A: The only way to eliminate the liability is to completely remove all the human made structures. BBCA is required to maintain a substantial amount of available cash (BBCA term deposit) to fund the removal of all the facilities if we abandoned our licence of occupation.
- Crown Land will not permit the unlicensed use of the land as a marina and the presence of a dock requires a licence of occupation. This protects the “Crown” from the liability associated with dock use.
USE OF THE MOORAGE AREA
Q: My Friend said I can use his moorage spot while their boat is out of the water for repairs. Why was I asked to move my boat away from the dock facility?
A: Your friend signed a contract that does NOT allow them ANY FORM of subletting of their moorage spot. This is a standard policy at most marinas.
Q: If a moorage space is temporarily not in use why can’t anyone else use it?
A: Unregistered users have not signed a liability waiver or a contract governing their use of the dock. Unregistered use of the dock facility can invalidate the various insurance policies needed to operate the facility and this is a risk that no one wants to shoulder.
Q: As a registered user, can I give the gate lock code to my friends so they can meet me on the dock?
A: No. Your friends are unregistered users and if they are allowed unrestricted use of the dock this can invalidate the various insurance policies needed to operate the facility. This is a risk that no one can shoulder for you.
Q: As a registered user, can I take guests with me to the dock?
A: Yes, with some limits:
- You must accompany the guest(s) the whole time they are on the dock. Put another way, guests can not be on the dock unless you are present. You can not leave your guest on the dock when you leave.
- You are not authorized to give the code to ANYONE else for the following reasons:
- Your guests are unregistered users and you are entirely responsible for their conduct and safety while they are on the dock.
- Moorage privileges can be revoked immediately, with no refund, if you give out the code or have unattended guests at the dock. This kind of use puts everyone else at risk may result in the complete shut down and removal of the facility.
Q: If the space is available why can’t I just park my trailer/boat/equipment for a few days at no charge.
A: There are two main reasons;
- This type of use is unfair to those who have paid to store boats/trailers on the property.
- Unregistered and unrestricted use of the space results in congestion that can not be addressed quickly. This in turn can prevent us from making the property available to the movie industry who often rent the area on very short notice. The movie industry gets priority for financial reasons.
INTOXICATION
Q: If the dock isn’t open to the public, why is there a “no drinking” rule on the dock?
A: The “No Drinking” rule isn’t from the BBCA. The dock is not private property like your home. Liquor legislation prohibits drinking in “public” spaces unless a liquor licence has been issued. The boats with onboard accommodation are usually considered private residences and do not fall under this legislation. A similar example, drinking while washing your car in the parking lot of an apartment building is considered to be “public” drinking even though it is on privately owned land. For the legal details on “Drinking in a Public Space” please refer to the provincial website: http://www.pssg.gov.bc.ca/lclb/LLinBC/basics.htm
Q: Why did the police charge me with drinking in a public space when I was on the land portion of the BBCA’s marine property?
A: Only some boats are considered private property under provincial legislation. Everything on the land side of the gate is considered public and open to all, much like any provincial or municipal park. The area is not licensed for camping that is why the BBCA can’t allow any overnight use of the land area. For the legal details on “Drinking in a Public Space” please refer to: http://www.pssg.gov.bc.ca/lclb/LLinBC/basics.htm
Q: Why did the police charge me with a drinking offense when I was motoring around in my private boat.
A: The BBCA refers you to the following link under “Liquor and Boating”: http://www.pssg.gov.bc.ca/lclb/LLinBC/basics.htm
For additional information please attend one of the regularly scheduled BBCA meetings and become part of the solution.
