Public port of Victoria
Port Jurisdiction
Canada’s port jurisdiction is governed by a complex legal framework which includes multiple jurisdictional layers, including international, federal, provincial, regional, municipal and aspects of Aboriginal and Indigenous law. A 2022 report commissioned by World Wildlife Fund Canada provides a good overview.
https://wwf.ca/wp-content/uploads/2023/08/Report-on-Legal-Framework-of-Ports.pdf
Canada’s Port System
Canada has more than 550 ports and more than 1,000 small craft harbours.
The National Ports System includes 17 Canada Port Authorities (CPAs) established under the Canada Marine Act. They are ports of strategic importance which act as significant gateways for international trade. In BC, the ports of Vancouver Fraser, Prince Rupert, Nanaimo and Port Alberni are run by CPAs.
Starting in the late 1990s, Transport Canada divested itself of many regional port facilities, including Victoria. Victoria harbour is a public port with commercial activities. In Victoria Harbour, Transport Canada retains authority over any navigable waters. The Regional Office of Transport Canada oversees port activities, including the water airport, with the Harbour Master exercising authority under the Canada Marine Act.
Backgrounder on Canada’s port system
Public Port of Victoria
Victoria harbour is a public port with commercial activities. It is governed by the Public Ports and Public Ports Facilities Regulation.
Public Ports and Public Port Facilities Regulations
Victoria port’s main commercial activity is the cruise ship terminal. Victoria is a port-of-call, not a home port like Vancouver or Seattle where people start and/or finish their cruise vacations and tend to spend more time in those ports. The majority of ships in Victoria arrive after 7 pm and leave around midnight, leaving little time to disembark or spend money. Cruise economic benefits in Victoria are overinflated, and do not take into account unseen costs related to our health, environment and use of local infrastructure.
The Greater Victoria Harbour Authority (GVHA)
In 2002, as part of the Port Divestiture Program, Transport Canada transferred lands and most of the federal water lots at Ogden Point, Camel Point, and Fisherman’s Wharf to the Greater Victoria Harbour Authority (GVHA). The GVHA is a non-profit society that owns the land at Ogden Point where the cruise ship terminal is located. They act as a landlord for port facilities and marinas. Ogden Point’s main commercial activity is as a cruise ship terminal, and operations are contracted out to Western Stevedoring (a US owned company).
The GVHA is governed by a Board of directors representing eight member agencies in addition to four independent directors. The GVHA, as landlord, can impose regulations and policies, such as ship/passenger limits and scheduling (including arrival/departure times, quiet hours, cruise free days). The GVHA has agreements with some businesses that operate on their land, including taxi companies and pedicabs/rickshaws. They could implement speed requirements/tracking and codes of conduct for transporting cruise passengers, with a complaint process for residents. According to the GVHA’s CEO, Victoria’s port is ‘unique’ in Canada.
Greater Victoria Harbour Authority (GVHA) - Victoria BC
Cruise Terminal Zoning
The cruise ship terminal at Ogden Point currently falls under the City of Victoria M-2 zoning bylaw. Permitted uses for Ogden Point include docks, wharves and piers, provided they are not noxious or offensive to the immediate neighbourhood or the general public by reason of omitting odours, dust, smoke, gas, noise, effluent or hazard.
The GVHA is developing a new integrated plan and the current zoning is expected to change in 2027.