Legal aspects of living aboard in Nova Scotia (Canada)

[hpeer]

Just as an inducement, consider this about Fortune. It is an all year Harbour as the St Pierre ferry runs from there daily. If you get tired of Newfie food (which can happen) you can pop across to St Pierre and get some REAL French wine and cheese and pastries.

St Pierre may be off the coast of Newfoundland, but their connections to homeland France are very strong, it's where their hearts are. 220 cycle, 50 ha, Euro, Peugots, true
French spoken.

[Skip JayR]

I fell over an interesting study which was published in December 2004 about the different aspects of "coastal ground" on Nova Soctia.

Coastal Access - Understanding, Inventorying & Analyzing,
Case Study of the Eastern Chebucto Peninsula, HRM

Author: Peter Green (dept. architecture and planning, c/o Dalhousie University, Halifax - Nova Scotia, Canada)
13th December 2004

The study highlights some details about private ownership, non-residential ownership and the conflicts between public interests to give inhabitants access to coastal areas, sporting and sightseeing hotspots (light houses, beaches, parking etc. ...) and particularly interests, including natural resource extraction (e.g. forestry, fishery etc. ...).

You can read and download the PDF from here: http://bit.ly/1QJOAJy

[Skip JayR]

Coming from a modern, post industrialized country and a bigger city with 1.8 million inhabitants (e.g. as Hanseatic City Hamburg in North Germany), naturaly there is the question: Can one like and live in a rural area on the South East Coast of NS ? - As it gives one the feeling by looking from outside at the architecture having used a "time mashine" and jumping back 50-100 years... and the time stands still.


Over weekend I noticed about the Halifax architect Brian MacKay-Lyons (born 1954) by watching a PBS docu "The Village Architect" (speaker is Brad Pitt) .

https://www.youtube.com/watch?v=ekhBbvOSXlo

Brian's thinking and his definition of "Vernacular Architecture" (together with his partner both own the architecture office "MacKay-Lyons Sweetapple Architects" they founded in 2005) gave me a very different view onto Nova Scotia's buildings one can find on the South East coast...

Another documentary about the "Rural Architect" was on CBC...

https://www.youtube.com/watch?v=YbINxEYK-Ms

Brian has been selected for and received in 2015 the RAIC Gold Medal, Canada's most prestigious architecture deisgn award...

To get a more clear understanding about Brian's working method is the summer workshop GHOST... a kind of experimental laboratory existing since 1994. Here documented with Ghost No. 12 and the project "Boat house"...

https://www.youtube.com/watch?v=hOCQ-ip9kP8

Over the years the different Ghost workshops created a series of buildings and a uniquely place called Shobac Cottage... which is Brian's own family farm near Kingsburg.

https://www.youtube.com/watch?v=ySbZaCul5SA

Attached I have stick together some of Brian's "modern buildings" he realized on Nova Scotia backing up and integrating the ancient knowledge of NS's architecture.

I like the conception of Brian a lot... learning from the past, using the materials of the ancestors, understanding the functional purpose of the buildings and respecting nature...

It gave me a very new perspective onto NS. - Wonderful ! :-)

[Skip JayR]

We already talked about "moorings" in Nova Scotia...

Does anybody know about the results of the "mooring tagging" which was done in 2011 by the Harbour Police authority ? Any (negative or positive) consequences ?

Boat moorings under scrutiny in Halifax waters

CBC News Posted: Aug 18, 2011 5:59 PM AT Last Updated: Aug 18, 2011 7:57 PM AT

People who attach their boats to moorings in the Halifax area are getting tagged by the Halifax Port Authority and it has many boat owners puzzled. Moorings are the ropes, anchors, etc., used in securing or stabilizing a vessel in the water.

There are dozens of moorings in the waters of the Northwest Arm and Purcell's Cove and now all of them are being given tags. Pam Upham and her husband received one a few days ago, asking them to contact the Port Authority, regarding the mooring inventory program.

"Initially we were a little concerned and puzzled, number one because we couldn't see any other boats in the area that had the tags on them and [my husband] did call a couple of friends and they hadn't received them, so of course first we're wondering 'are we being targeted?' and really what was the reason for it?"

The Halifax Port Authority said the Uphams weren't targeted. It wants to keep track of everyone who has moorings within the harbour limits. It's not just personal moorings that are included in the inventory.

Tags were discovered Thursday morning on boats at the Armdale Yacht Club, which already has a registered mooring field.

"People are asking 'What's this all about? Am I in trouble? How come I've got to call the Port Authority? I thought everything was good,'" said Jim Harris, the yard foreman for Armdale Yacht Club.

The Halifax Port Authority insists that it's just making sure all mooring listings are up to date, but some of those receiving notices are concerned it could lead to a more regulated and costly system.

"I think it would be an issue though if it's another money grab. We pay plenty in taxes. So I guess I'd be concerned if all of a sudden they wanted to start charging us," said Upham.

Michelle Peveril, who speaks for the Halifax Port Authority, said that's not being looked at right now.

"Really this process is to inventory them ... then work with the boating community and the boating clubs directly to know what's out there and to know what's safe to approve in the context of what's already established."

The Port Authority will be collecting information on moorings until early September and will keep working with boat owners to determine whom any unclaimed moorings belong to, said Peveril.

[hpeer]

There is also a pretty big marina in Dartmouth, across the harbor from Halifax. Dartmouth Yacht Club I think. Not as fancy as those on the Arm but sufficient. Lots of moorings.

My memory is rusty but I'm pretty sure you can own down to the high watermark and can not restrict access along the waterfront. We have waterfront property but it's never been an issue.

NS and Newfoundland are just NOT anything like your German experience, period. Halifax is a nice little city, most anything you want can be found there. Going outside Halifax is pretty much dropping off the face of the Earth compared to Germany. I was broke down in St. Peter's, NS, on Cape Breton Island. Needed to get injectors redone. 1 day to remove, 1 day to ship to Halifax, 2 days to fuss with them, 1 day to ship back, 1 day to retrieve from post and install, Saturday and Sunday don't count, so that is 8 days!

Overnight a part from West Marine in Toronto to St. John's , NL can be 3 to 5 days. From the states? 5 to 15.

You probably need to take 3 or 5 weeks to come over and get a feel for the place. Do it in February. If you like it enough then you will love it for ever.

[wrwakefield]

JayR,

If you aren't already familiar with Attainable Adventure Cruising, you may find them worth investigating. [Reference site and blog for offshore voyaging and cruising in sailboats.]

John and Phyllis are based in Nova Scotia.

I look forward to hearing more about your adventure.

Cheers!

Bill

[Skip JayR]

Originally Posted by hpeer

There is also a pretty big marina in Dartmouth, across the harbor from Halifax. Dartmouth Yacht Club I think. Not as fancy as those on the Arm but sufficient. Lots of moorings.

yep.. I know...

Originally Posted by hpeer

My memory is rusty but I'm pretty sure you can own down to the high watermark and can not restrict access along the waterfront. We have waterfront property but it's never been an issue.

As an immigrant and for steadily residence I like to know about the law situation... or do you think, that later being controlled by water police I can tell the guys: In October 2015 I was in a sailing forum and they told me that everything is fine with "free mooring".

Arent there anywhere concrete informations on officially websites by Canadean government ?

Originally Posted by hpeer

NS and Newfoundland are just NOT anything like your German experience, period.

Before you get something wrong... I am not sailing around on German coast.

As I grew up in South Germany there is no sea coast... so we travelled to Mediterranean Sea, e.g. sailing around Island of Elba and Corsika front Italian coast. No infrastructure in the early 80ths...

I sailed (as co-skipper) round Iceland/Reykjavik to Bergen/Norway via Faroe and Shettland Islands... it is nowhere's land. Same if you sail in Cyclades between Greek and Turkey/Cyprus... it needs lots of improvisation there to repair something. And replacements must be sent via ferries (e.g. coming from Athens) waiting days. No infra structure sailing front Tunesian coast coming from Sicily and Malta.

I know all this :-).

I never had problems in all these countries with the different mentalities and find solutions for technical problems. We are all humans... and a smile is the best "door opener" to get help.

Originally Posted by hpeer

Halifax is a nice little city, most anything you want can be found there.

I'd call it little, too. :-) compared to Indian mega cities like Mumbai (> 18 million, extended: >21 million) or Istanbul (> 14 million) where one of my best friends, an author and film maker lives.

Originally Posted by hpeer

Going outside Halifax is pretty much dropping off the face of the Earth compared to Germany. I was broke down in St. Peter's, NS, on Cape Breton Island. Needed to get injectors redone. 1 day to remove, 1 day to ship to Halifax, 2 days to fuss with them, 1 day to ship back, 1 day to retrieve from post and install, Saturday and Sunday don't count, so that is 8 days!

I see... you know it too.. 8 days indeed is very long.

While I was professionally skipper for charter agencies it can become even worst. As you have to sail "following a strict time plan" like a bus driver of a tourist coach. Sometimes finding, creating and using the "improvised solution" must wait 3-6 weeks for regularly repairing till you can come back to the home port/charter base as the charter agents don't allow expensive repairs outside their own infrastructure they have settled.

Originally Posted by hpeer

Overnight a part from West Marine in Toronto to St. John's , NL can be 3 to 5 days. From the states? 5 to 15.

Good to know... so best keep the boat in good shape before leaving the harbour, as one always should do.

Originally Posted by hpeer

You probably need to take 3 or 5 weeks to come over and get a feel for the place. Do it in February. If you like it enough then you will love it for ever.

Sure.... I have no doubt that I will like it...

I am German-Polish, by origin. Emotionally I am not typically German. My grandpa's parents (from mother's side) emigrated from Poland to Berlin where he was born after 1st world war. So I already have kind of immigration genes in my blood. :-)

On my own I have moved more than 15 times in my life... I am very used to handle "changes". I was married with a South American woman. And since more than 10 years now i deal daily by profession with South Asia (India, Afghanistan, Pakistan, Bangladesh, Sri Lanka).

NS is very European.... I feel very comfortable with. Wont have troubles with by sure. As said, I dont feel typically German (or should I say Bavarian as my parents and myself were born in Bavaria) as I like it more the "relaxed way".

Humanity and community oriented living is more important for me than correctness and punctuality. Germany became a very inhuman country over last decades; it only looks human and wealthy, but it is not. (Rec.: Every 5th child in Germany lives on the edge of poorness meanwhile; in 2011 it had been 15 % of all kids. So in tendency we have growing poverty and social weak classes. - Every 6th child in German basic school lacks of language skills (German in written and spoken form) because of the federal education system lacks of good pedagogues.) - German government and politics came out of control to design a human society, so I see it.

The best way of living for me was in a community house of a university campus. In this house there lived students from many different nations together, e.g. Italy, Thailand, Argentina, Uruguay. Everybody had his own appartement, but the centre and meeting point was a very big kitchen and commonly used living room. We cocked together and had many other activities. But it was very liberal... nobody had any obligations. It was a coming and going.

So I am used since decades to deal with different cultures, ethnics, behaviours...

The only problem I see and I am worried about little bit that my English language skills aren't good enough to make successfully the "immigration language test" by Citizenship and Immigration Canada (CIC).

Its hard for me to learn languages (whatever it is) from books... my English isn't the best I am very aware of. - Hope to fulfill the Canadian Language Benchmarks (CLB).

[hpeer]

I suspect you are worrying too much about your language. I think you will be fine. You should hear a real outport Newfie accent, heel they can't even understand sone another.

I don't think you will find much on moorings, could be wrong. I only see them in a few places. Shelbourne, Lunenburg, Halifax, Baddeck. Most folks don't stay in over winter and there are lots of fishermans docks.

I have a friend who has a mooring in front of his house a ways down Shelborne harbor, away from the marina. No clue what the had to do to get permission, if anything. One summer I dropped an anchor in a cove in Newfoundland and used it as a temporary mooring. I put a bouy on it. No one said anything.

Also check out River Bourgeois in Cape Brenton. Close to isle Madame and Port Hawksbury. It's still a 4 hour derive to Halifax but a very protected harbor and Port Hawksbury is a middling size town. Close to St. Peter's and the canal to the Bras d'Or lakes. I'd bet you could do a morning ther pretty easily. In fact that whole Ilse Madame area is preteen interesting. We came within a wiser of buying Eagle Island in Lenox Passage. Somebody beat us to it by a day.

[FamilyVan]

Skip, language shouldn't be a problem. First off, Canada is bilingual, so if your French is better than your English, just use your French.

Generally speaking Canada is a very immigrant friendly place (possibly the most immigrant friendly any where in the world), I know lots of immigrants with thick German accents.

You're clearly literate in English, that should be all you need.

Sent from my XP7700 using Cruisers Sailing Forum mobile app

[Skip JayR]

Originally Posted by hpeer

I suspect you are worrying too much about your language. I think you will be fine. You should hear a real outport Newfie accent, heel they can't even understand sone another.

I have heard some in youtube videos... kind of Scottish / Irish / Celtic sounding dialects... :-)

Today I participated in the first audio chat workshop with the "reading + writing" part of CELPIP language test, with a power point presentation by a Canadian instructor of Paragon Testing. This guy sat in Vancouver. He was a nice guy... and helpfully. I understood every single word of the 1.5 hours audio-chat (with round about 50 participants). - So it looks fine with this part.
In one week (27th Oct / 12:30 pm) is another workshop for the "listening + speaking" part. All who are interested in immigrating to Canada, here the link for the audio chat (registration +and cost free): http://meet56212789.adobeconnect.com/celpipls1027/

[Skip JayR]

Originally Posted by FamilyVan

Skip, language shouldn't be a problem. First off, Canada is bilingual, so if your French is better than your English, just use your French.

No, no..... I am in war with French language. I gave it a try as 4th language in school (beside German, English and Latin). But it didnt work for me.

I am an "old roman". I prefer languages like Spanish or Italian as I certified with the so called "Small Latin".

The workshop today for the CELPIP test said, the scoring is following the princips and rules of "Canadian English". Not too bad... in school we had British English... and over last 20 years often I had been in contact with American English.

Originally Posted by FamilyVan

Generally speaking Canada is a very immigrant friendly place (possibly the most immigrant friendly any where in the world), I know lots of immigrants with thick German accents.

I can't negate to have kind of German dialect in my written form. Very often I mirror kind of German sentence construction into English. - My pronunciation is British. No problem with the "sound of ENG". Got very often compliments from English native speaking people :-)

Originally Posted by FamilyVan

You're clearly literate in English, that should be all you need.

If I'd like to apply for Canadian radio in Halifax for presenting my radio shows I should demonstrate my capabilities with a higher score in the test (maximum is 12 I learnt today). Lets see...

[FamilyVan]

Canadians do speak British English, not American English.

Sent from my XP7700 using Cruisers Sailing Forum mobile app

[Skip JayR]

Originally Posted by hpeer

I don't think you will find much on moorings, could be wrong. I only see them in a few places. Shelbourne, Lunenburg, Halifax, Baddeck.

I have checked how to install a permanent mooring in the bay front own real estate (on shore). I don't want damage environment and destroying lots of sea ground, e.g. by using anchor moorings. There are different systems possible. Very interesting...

There are mush room anchor, the more effectively Dor-Mor pyramid mooring anchor (see picture) which sinks into the ground by own weight and the most eco-friendly method seems to be the Helical Screw method (see video). It does not need heavy chains which destroy the ground and damage the aqua fauna.

https://www.youtube.com/watch?v=IjzOoB4i2tE

Alternatively to the Helical system is the Helix mooring system... which is very safely as 3-point system for storm and heavily changing wind directions .

https://www.youtube.com/watch?v=TxNIZ10L_J4

Originally Posted by hpeer

Most folks don't stay in over winter and there are lots of fishermans docks.

I know that well... as I skippered bigger boats of 80 feet, very often there was no place in the marinas. So I had to lay in the fisher harbours. I like it...

Originally Posted by hpeer

I have a friend who has a mooring in front of his house a ways down Shelborne harbor, away from the marina. No clue what the had to do to get permission, if anything.

I will contact soon the Canadian institutions to get a clear picture about.

Originally Posted by hpeer

One summer I dropped an anchor in a cove in Newfoundland and used it as a temporary mooring. I put a bouy on it. No one said anything.

As we like to say: "Where is no accuser there is no judge" :-)

Originally Posted by hpeer

Also check out River Bourgeois in Cape Brenton. Close to isle Madame and Port Hawksbury. It's still a 4 hour derive to Halifax but a very protected harbor and Port Hawksbury is a middling size town. Close to St. Peter's and the canal to the Bras d'Or lakes.

I will take this into account. An expanded range to the North gives a new perspective yet I have not thought about. Tks.

Originally Posted by hpeer

I'd bet you could do a morning ther pretty easily. In fact that whole Ilse Madame area is preteen interesting. We came within a wiser of buying Eagle Island in Lenox Passage. Somebody beat us to it by a day.

Sounds like it needs some different seasons to explore whole NS and Eaastern Coast of CA. :-)

I heard about, that nowadays Canadian government is still gifting real estate land ( so called "Land grant") in the high Northern latitudes where many natural resources are sleeping in ground, similarly as it happened in the 17th century (Rupert's Land) and in 19th century till 1930. - Is it correct ?

Canadian government has a database, but doesn't say anything about a running "land grant" programme in 21st century.
http://www.bac-lac.gc.ca/eng/discove...d-records.aspx

Is it linked (indirectly) with the "Land Claims programme" ??
General Briefing Note on Canada's Self-government and Comprehensive Land Claims Policies and the Status of Negotiations

[FamilyVan]

Canadian government gifting land? I sincerely doubt it.

Sent from my XP7700 using Cruisers Sailing Forum mobile app

[Skip JayR]

Originally Posted by FamilyVan

Canadian government gifting land? I sincerely doubt it.

Maybe the wrong place to go little bit deeper into this thematic... as we are in a sailing form ?????

I heard this shortly from a real estate broker who is exploring land in the Northern part of Nova Scotia who lives since more than 27 years in Canada. As I yet haven't found any details about by googling it might be a rumour.

Generally: Such "land grant" in Northern regions of Canada is not a kind of "gift".... its like the "worm on the hook for the fish".

There are big ressources in the Northern part of Canada which are yet not explored, isnt ? E.g. different raw materials like Antimony (Sb), Fluorspar (CaF2), Germanium (Ge), graphite (C), Niobium (Nb), Rare Earth Elements (SE), Tantatum (Ta), Wolfram (W).

The resource development programme seems to be organized by government departement CanOR by the so called "RRD" initiative (Responsible Resource Development), inclusive "Marine Safety in Canada" and Enhancing Marine Safety.


I dont mean the Arctic explorations for oil drilling which already has started years ago we notice very controversial discussions between environment protection NGOs and commercially oriented concerns (e.g. Shell).

There was a press news in April 2015 about TerraX Minerals Inc. (HQ: Vancouver). This company is specialized for exploration (incl. aquisition) of land with highly concentration of minerals. Over a period of time they bought properties and TerraX is owning now one of the 6 main gold camps in Canada. The project is called "Yellowknife City" stretching over a length of 15 kilometers (99.3 km2) inclusive the historically gold mine "Con".

In the December 2011 report of the German Resources Society (a Federal bureau of German government) which was published together with the Canadian German Chamber of Industry and Commerce Inc. under the headline "chances and opportunities for German companies in the segment of Canada's raw materials sector" one can read:

In Northern part of Canada are huge resources unexplored mostly in the regions of First Nations and where the Inuits and Metis live... which are organized in 634 communities (so called "Aboriginal Communities").

Germany imported in 2010 in total 109.3 billion Euros of raw materials (with 37.8 billion Euros alone for metals, e.g. Aluminium, Copper). For such highly industrialized countries Canada is a very important partner.

As the Northern parts are far on distance to civilization, mostly people dont like to move to there. To make attractive this region, CAN might offer the simply deal: We (Canadians) give you big regions of land cost free.... with the licence to explore these "natural resources".

Such a "land grant" would be combined with lots of duties (and benefits), e.g.

duties...

• not allowed to sell the land, e.g. forbidden to sell it to third persons or to foreign owners
• urgency to invest private (risk) capital within a specific time frame otherwise the land ownership goes back to the government
• exploring specific kind of natural resources
  - by following standards of environmental regulations (defined by government and representatives of the Aboriginal Communities) and
  - by use of private investment/capital

benefits..

• getting access to and using a huge area of land without own capital investment for buying it
• economic exploitation of this land with the right for free sales of the natural resources on the intern. market
• paying low tax rates or even a tax free period of time (e.g. limited reliefs for 5 years)
• exploitation of these resources by paying a very low royalty fee (e.g. mining licence) or even a royalty-fee free period of time (e.g. limited for 5-10 years)

Russian government has started such kind of "programme" for private ownership in spring 2015. It is a "land grant" in the size of one (1) hectare (10 thousand m2) given by Russian government as 100% ownership to every individual person in the far east of Russia... for the free use to live on it (with own buildings) and to produce farming products (privately use or commercially use which can be sold freely on the market). The sales revenues of these farming products are tax free, too (without any time limit). One can get Russian citizenship after 2-3 years. So its even interesting for foreigners so long one loves to live on the edge of the earth, e.g. in the region of Vladivostok.

Why shouldn't do this Canada, too for the Northern regions and for exploring raw materials ?