A group opposed to creating artificial reefs has filed for a court order to stop the sinking of a 115-metre decommissioned warship in waters off Gambier Island in Howe Sound.

The petition, filed in B.C. Supreme Court last week by the Save Halkett Bay Marine Park Society asks the court to stop the provincial government from issuing a permit that would allow the destroyer HMCS Annapolis to be sunk off the seven-hectare provincial park, located about 10 kilometres north of Horseshoe Bay.

The federal government gave the decommissioned destroyer to the Artificial Reef Society of B.C. in 2008.

"We believe the illegal sinking of the ship is imminent and that the provincial government must act to prevent it by upholding the law," said Gary MacDonald, a spokesman for Save Halkett Bay Marine Park Society, adding that sinking the ship violates provincial law that prohibits destroying resources in a park of this size.

Under the Park Act, a permit cannot be issued in a park less than 2,023 hectares if the activity will damage or destroy natural habitat. The society argues the ship will pollute the seabed.

MacDonald said he hopes the court will stop B.C. Parks from giving the Artificial Reef Society the final permit it needs to sink the ship sometime this fall.

The proposal is also opposed by the Islands Trust, the Georgia Strait Alliance and the United Church of Canada. The latter operates a church camp for families and kids on the waterfront at Halkett Bay.

In January, the federal government tested the ship for hazardous materials and an Environment Canada report found it contained toxins known as polychlorinated biphenyls (PCBs) at almost eight times the legal limit. The Canadian Environmental Protection Act sets the acceptable limits as 50 parts per million. The report shows that in some areas of the ship, the PCBs were as high as 377 parts per million.

In response to the findings, the federal government in June paid contractor Jenkins Marine Ltd. $865,000 to remove PCBs from the Annapolis, but results of the ship's final inspection were not released to the public.

"It really does make us suspicious why they won't release those findings," said MacDonald. "We really want to see some independent third party science, especially considering the U.S. banned the sinking of this age of ship because of the technology of the time."

Although Environment Canada tested for PCBs, staff did not test for any other toxic materials, and MacDonald is concerned there could be lead or asbestos, substances that cause harm to the ocean ecosystem.

"Let's just get an independent study done so we can all sleep at night," he said.

Environment Canada did not reply to a request for that information by deadline, but the Artificial Reef Society says the Annapolis will be the "cleanest ship" ever sunk.

Christianne Wilhelmson, executive director of the Georgia Strait Alliance, said in a statement Monday that there are outstanding questions about the toxins that remain on the ship. She added that the alliance is calling on the province to stop "the irresponsible practice of creating artificial reefs."

Don Whyte, executive director of the B.C. Hazardous Materials Association, said in the statement that the ship would cause extensive environmental damage and that the association is opposed to the sinking of the warship.

In an update on its website, posted Aug. 29, the Artificial Reef Society said Environment Canada had conducted its final inspection and is in the process of preparing its approval. The society said it anticipates receiving the approval on time for a sinking this fall.

ticrawford@vancouversun.com