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National Harbour Manager Pocket Guidebook

Table of Contents

Disclaimer

This guidebook is created as a reference tool in support of harbour authorities and their harbour managers and is not intended to provide any legal advice. It has been prepared and published for informational and educational purposes only.

Anyone requiring advice about a specific operational, environmental, safety or legal situation should consult with the appropriate professional services or their Small Craft Harbours contact.

Acronyms

Acronyms used in this document include:

Introduction

This guidebook was designed as a reference tool for harbour managers, supervisors (HM) or harbour volunteers. It provides information on how to implement best practices at an HA—managed facility.

For more detailed information or to obtain any forms or documents mentioned in this guidebook, you can:

Definitions

Harbour Manager roles and responsibilities

The harbour manager (HM) works for, and should report directly to, the HA board. The HM should report only to one or two people on the board to avoid confusion and maintain clear lines of communication and authority. The HM should only take instructions from their employer, not from other HA board members, users or other individuals.

The board can task the HM with communicating with SCH staff to seek guidance, clarification and information on operational issues, and to make recommendations to the board.

The HM can also be responsible for day-to-day management issues at the harbour and should have a written job description or list of duties provided by the board.

Managing a harbour: Tasks

Harbour facilities:

Operational:

Administrative:

Remember to keep proper records (e.g., checklists, written correspondence, and agreements).

Questions and answers on reoccurring issues or events

This pocket guidebook answers the most common questions on day-to-day activities at a typical harbour. They are divided in the following categories:

General and environmental emergencies

What do I need to do in case of an emergency?

Be prepared! Familiarize yourself with your HA’s emergency procedures manual. It will give you more information on what to do in certain situations.

Provide a detailed description in an incident report and send it to your SCH contact. If applicable, a notification will be sent to the insurer.

Important To Remember:

What do I need to do in case of an environmental emergency?

Be prepared! Do the work beforehand, so you know what to do if an environmental emergency occurs.

Environmental Emergency Procedures

There are many ways to ensure your HA is capable of handling an environmental emergency:

For more information on procedures, consult your HA’s EERP or EMP. Reach out to your SCH contact for questions about these plans or safety data sheets.

Procedures at the harbour

Why is a berthage agreement important and what should it include?

A written berthage agreement (or moorage agreement) is important because it permits a vessel owner to berth at a harbour and confirms, in writing the:

A berthage agreement should include the following terms and conditions. Note that other terms and conditions can apply:

Example of a berthage or moorage agreement should include:

Remember to give a copy to the vessel owner and keep a copy for your HA.

Note: Expiration of the berthage agreement is up to the HA, as long as the duration of the agreement does not surpass the HA’s head lease with DFO. You can find a berthage agreement template on the SCH website or from your SCH contact.

Licence vs. sublease: When should I use them and what should it include?

Licence (or user agreement)

A harbour authority-issued licence is a contract between the HA and a harbour user. It provides the user the right to use a specified area within the harbour for a certain purpose, subject to certain terms and conditions, including an appropriate fee. A licence does not convey an interest in property, nor does it provide exclusive use.

Use a licence when:

What do I include in a licence:

A licence template is available through your SCH contact or on the SCH website. Certain activities, including special events, may require licences with special clauses. Contact your regional SCH office for more information.

Sublease

A sublease (not to be confused with the head lease) is a legal agreement between an HA and a third party that allows the third party to sublease a parcel of land subject to certain terms and conditions, including rent. You must obtain SCH’s consent before entering the sublease agreement. Written consent by SCH must be provided for it to be valid.

Use a sublease when:

What do I include in a sublease:

A sublease template is available through your SCH contact or on the SCH website.

What do I need to do before authorizing a special event?

Note: The HA and/or SCH can refuse to approve a special event if there are safety, security, property damage or environmental concerns.

Special events require a review from the insurer to ensure proper liability insurance is in place before any event taking place on SCH property. A special event can be hosted by either the HA or an outside organization. In both cases, the procedure is different.

When the HA is hosting the event:

When an outside organization* is hosting or co-hosting the event:

How should I properly dispose of used oil and other related products? (if applicable)

First, be aware of the different used oil and other related products. Other than used oil, these include:

Store these products responsibly in designated areas and sort them by product type.

Second, understand the proper storage methods and follow EBMPs when handling, storing and disposing the products. For example:

Acceptable used oil should be disposed of in the used-oil tank (if your site has one):

Acceptable used oil products:

Unacceptable used oil products:

For more information consult our used-oil tools on the SCH website.

What steps should I take before building a new structure or modifying an existing one?

Note: The procedure is the same for a third party wishing to make modifications or new construction on the leased property (e.g., sublease, license agreement, etc.)

What do I need to know about lifting devices (e.g., hoists, derricks, cranes, winches)?

The number and capacity of lifting devices vary depending on the harbour and the needs of the fisheries.

You MUST discuss the installation or modification of any type of lifting device with SCH. Lifting devices can significantly increase the HA’s liability when it comes to its users. All designs for lifting equipment and anchorage systems for lifting equipment or winches must be created by a professional engineer.

Note: In all cases, the HA should always follow provincial or territorial occupational health and safety requirements.

If your harbour has a lifting device, please consider the following:

Using a lifting device on the harbour

Before Lifting A Load:

You must ALWAYS comply with provincial occupational health and safety requirements for lifting equipment.

If you need further advice, please get in touch with your SCH contact.

Compliance and conflict management

How should I deal with users who do not comply with HA rules or the FRHA and its regulations?

If you are confronted with users who do not comply with your HA’s rules or the FRHA, or its regulations, you must make every effort possible to rectify the situation before considering legal action or engaging SCH. All HAs should develop and adopt harbour rules and policies.

Communicate to members and harbour users:

Communicate with:

In all cases of non-compliance, the HA must follow these important steps in case of litigation:

If a non-compliance issue continues after these steps and the user is not complying with the FRHA or its regulations, communicate with your SCH contact.

What can I do when dealing with difficult users?

Dealing with a difficult user can be frustrating, especially if you’ve had issues with the user in the past. You can prevent unwanted behaviours by having well-established HA rules and guidelines, and by being present and accessible to harbour users.

In cases where you still have a difficult user, you can try these tips:

How can I go about collecting fees?

Ensure that you have a set fee schedule and apply it consistently to all users. For example, is it a:

Make your fee schedule available to all users and include it in berthage agreements

Increase user awareness on the importance of paying. Inform your users that their fees are fully reinvested in the services you offer and how this benefits them and the community.

What should I do if a user is not paying their fees?

Avoid:

SCH will not intervene in cases of unpaid user fees.

Governance

What to do to keep your HA’s corporation in good health?

HAs are incorporated not-for-profit organizations. They are incorporated under the federal or provincial law, and in some cases both. It is important to keep your HA’s incorporation in good health. To do this, the HA must:

If your HA has not filed your returns with Corporations Canada for 3 or more years, your HA will be dissolved. A dissolution can have serious repercussions as this means the HA no longer has a legal status. Specifically, this translates to:

What is my role as an HM compared to an HA’s board of directors member?

The difference between a harbour manager (HM) and a HA’s board of directors member is that the HM has an operational role whereas the board member has a strategic and planning role.

Harbour Manager:

Board of Directors:

What is my role as an HM when managing employees or volunteers? (if applicable)

Managing people can be a challenging task but you can do a few things to build trust in your work relationships. Although most HAs are volunteer-based, some have paid employees. In your role as HM, you may have to supervise employees or volunteers doing operational tasks.

What should I do if someone from the media wants to discuss an issue about the harbour?

If someone from the media approaches you, such as the local newspaper, radio, or other news organizations, to ask questions about the harbour or the HA, you should immediately direct them to the HA-designated spokesperson.

Note: If you’re speaking to the media, YOU REPRESENT YOUR HA, not DFO. If the media representative would like a comment from DFO, you can refer them to your regional SCH contact or DFO.NCRMedia-MediasRCN.MPO@DFO-MPO.GC.CA

If you are the HA spokesperson, consider the following:

In general, it is good to follow the news for any stories that might have an impact on your HA.

Useful tools

DFO and SCH have created many tools and resources to support HAs. In this section you’ll find a list of all the tools divided by the following 5 categories:

All documents, manuals, guides, templates, checklists are on the SCH website under: “Tools for harbour authorities”. You can also ask your SCH contact for paper copies.

Safety

Operational

Financial and governance

Insurance

Environmental

Emergency contacts telephone numbers

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