Guide to construction or alteration of private dock or structure

A Department of National Defence (DND) Licence of Occupation, with a fixed term, generally of five years, is required for any private use of the Federal Crown Land within Esquimalt Harbour. A Licence of Occupation does not convey rights to Crown Land. Rather, it conveys permission, to an applicant, to use Crown Land as stated in the Licence of Occupation. Permission is sought, by application, to the Esquimalt Harbour Management Authority.

The Minister (or delegate) can cancel a Licence of Occupation, at any time, without restriction. Notice of cancellation should be given as far as possible in advance (e.g. 12 months); however, it is recognized that in some circumstances less notice time may be given. A Licence of Occupation does not mean that this same licence will be automatically renewed.

The harbour is a water-covered lot owned by Canada/DND. Occupation of space on this water, below the average high tide water mark, by dock, pier, float or anything else, requires a Licence of Occupation. The Licence of Occupation is for the Land Owners’ or residents of the property, and is for personal recreational use only. For further clarity, no rental, sub-licencing, use or transfer, whether for consideration or not, or for any purpose or length of time whatsoever, of this permission to occupy and use, to any other parties whatsoever, is permitted.

The Land Owner contemplating the installation or construction of a dock that will occupy Federal Crown Land is to send an application to the Esquimalt Harbour Management Authority. It is recommended that the Land Owner advise the Esquimalt Harbour Management Authority of the intention to apply for a Licence of Occupation by letter or e-mail.

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