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No fines for English Bay barge owner as city pays thousands for security, other costs

It's been 199 days since a barge crashed into Vancouver's popular Sunset Beach during a wild November storm. It remains stranded there today - flanked by 24 hour security. The City won't reveal how much that's cost so far - and you might be surprised to find out what penalties the company is facing – Jun 1, 2022

More than six months after it arrived, Vancouver’s English Bay barge doesn’t appear to be going anywhere and as the costs associated with the ongoing removal process pile up, some feel the vessel has worn out its welcome.

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“I think it’s time to go,” one woman walking the seawall told Global News Wednesday.

“I think it should be moved,” added another man passing by.

“Give us back our park.”

Attempts to move the barge, which broke loose from its mooring during a wild storm on Nov. 15, 2021, are at a standstill.

In early February, owner Sentry Marine Towing said the vessel is structurally unsound, cannot be refloated and would be taken apart on-site in a process it hoped would begin within 30 days and take up to 60 days to complete.

Nearly four months later, there’s still no confirmed timeline or start date for the barge’s removal.

 

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Vancouver Pile Driving has been contracted to deconstruct and remove the barge.

No one from the company was available for an interview, according to a public relations specialist who sent a statement attributed to the City of Vancouver: “VanPile is working towards a safe and efficient removal in consultation with City of Vancouver, Vancouver Board of Parks and Recreation, Fisheries and Oceans Canada, the Canadian Coast Guard and the Vancouver Fraser Port Authority. We will be able to provide confirmation of the removal start date in the near future.

The official English Bay barge website provided Global News with the same statement from the same PR specialist.

“There’s really nothing they can do other than let it sit there,” said maritime lawyer Marc Isaacs with Isaacs Odinocki LLP in Toronto.

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Although there were initial fears the barge might crash into the Burrard Bridge, no fines or administrative monetary penalties have been issued to its owner.

“There really isn’t an offence under the Canada Shipping Act for letting it sit there,” Isaacs told Global News.

“The question comes back to how did it end up there in the first place and whether there were any violations of the Canada Shipping Act or its regulations.”

In a statement, Transport Canada said its investigation into the vessel running aground found no violation of federal rules.

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It added the barge owner and representative have taken steps to address the removal “however the process is more complex and will take longer than originally expected.”

Meantime, the barge’s stay at Sunset Beach comes with a growing bill – including 24/7 security costs.

“There’s a big storm but the net result is this giant barge is sitting on the beach – and taxpayers are on the hook now,” said Provident Security president Michael Jagger.

Jagger, whose company is not connected to the barge contract, estimates that around-the-clock security guards are costing the city at least $800 per day.

Between Nov. 15, 2021 and June 2, that conservative estimate totals $160,000 for 200 days.

“It’s very expensive to provide a human security guard coverage 24/7 without an end in sight,” Jagger told Global News.

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Despite repeated requests, the city would not reveal how much it’s paid for 24/7 security services so far, claiming it cannot disclose specific costs as it is in “the process of settling a legal agreement with the barge owner and its representative.”

The barge owner is responsible for all costs related to removal and security, according to the city, which said it will be seeking reimbursement for any costs incurred.

Sentry Marine Towing did not respond to an inquiry from Global News asking whether it will be able to repay the city for security and other costs.

When asked why the barge owner is not paying for security and other costs up front to avoid a potentially large bill for taxpayers if those costs cannot be recovered, the city of Vancouver sent the following statement: “Ensuring public and environmental safety has been a top priority for all partners involved including the City and Park Board. During last November’s windstorm, the City initiated a number of emergency actions to ensure public safety was maintained during and after the storm.”

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Under the 2019 Wrecked, Abandoned or Hazardous Vessels Act, all vessel owners are required to have wreck removal insurance and Isaacs said if it becomes necessary, the city could make a claim with the barge owner’s insurers.

“It’s a 5,000-tonne barge as opposed to a smaller fiberglass sailboat,” Isaacs said.

“It’s not an easy thing to remove such a large and heavy piece of equipment.”

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With its own website and public relations firm now handling media inquiries, the barge appears to have staying power.

“I think they should keep it and make it into something,” said one woman on the seawall Wednesday.

“I think people come to see landmarks like this,” added another woman.

A search for English Bay barge even brings up Barge Chilling Park on Google Maps – although the temporary sign erected last December was removed in January.

 

For those who’d rather see the barge disappear, local visual effects artist Nahuel Letizia has created his own storyline in a video that removes the red hulk with the help of a sea monster resembling a giant Kraken.

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