Kara Sears
Canada has a wide range of interests in the sea, given that it boasts the longest coastline in the world. Canada signed the United Nations Convention on the Law of the Sea (UNCLOS) in 1982 and ratified it in 2003. UNCLOS is an international treaty that sets out the legal framework for ocean activities, defining the maritime zones along a country’s coastline, and the rights and duties of a country regarding these zones. Canada has used UNCLOS to exert its influence over its waters and coasts, delivering on public expectations of clean, safe, and secure waters and coastlines. Canada has also used UNCLOS to assert its sovereignty over the waters of the Canadian Arctic Archipelago, and to establish its exclusive economic zone (EEZ) and territorial sea limits. Canada has participated in the work of various bodies created under UNCLOS, including the International Seabed Authority (ISA) and the International Tribunal for the Law of the Sea (ITLOS).
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What You'll Learn
Canada's role in shaping UNCLOS
Canada signed the United Nations Convention on the Law of the Sea (UNCLOS) in December 1982 and ratified it in November 2003. With the longest coastline in the world, Canada has a wide range of interests in the sea and a substantial stake in the new law of the sea. It played a leading role in shaping the convention.
Canada actively supported key UNCLOS principles, such as designating the international seabed for peaceful purposes and considering it the "common heritage of mankind." This stance was reflected in Canada's involvement with the International Seabed Authority (ISA), an organization established under UNCLOS to manage seabed mineral resources for the benefit of all humanity. Canada also lent its expertise to the International Tribunal for the Law of the Sea (ITLOS) and the Commission on the Limits of the Continental Shelf (CLCS), contributing to the resolution of maritime disputes and the establishment of continental shelf boundaries.
Canada's Extended Continental Shelf Program is a notable example of its commitment to UNCLOS obligations. This program, involving federal departments like Fisheries and Oceans Canada, aimed to scientifically delineate the limits of Canada's extended continental shelf in the Atlantic and Arctic oceans. Canadian scientists collected vast amounts of seismic and bathymetric data to determine the characteristics of the seabed, fulfilling Canada's obligation to provide information about its continental shelf within 10 years of joining UNCLOS.
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Territorial sea limits
Canada has a wide range of interests in the sea and a substantial stake in the new law of the sea. Canada signed the United Nations Convention on the Law of the Sea (UNCLOS) in December 1982 and ratified it in November 2003. The convention governs many aspects of ocean affairs, from navigation and fisheries to scientific research and the rights of coastal states to explore, exploit, conserve, and manage resources within 200 nautical miles of their shores and on their continental shelves beyond 200 nautical miles.
UNCLOS establishes 12 nautical miles as the breadth of the territorial sea, with a right of innocent passage through these waters by other states. It secures for coastal states sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of their waters in an up to 200 nautical mile exclusive economic zone (EEZ). It also provides coastal states with the right to prevent, reduce, and control marine pollution from vessels in ice-covered areas within the limits of the EEZ.
Canada's offshore claims have overlapped with those of three different countries at six points. Canada has consistently asserted that the Northwest Passage is not a strait and therefore that the right of "transit passage" (i.e., a right to navigate through the passage freely) cannot be claimed. Canada's sovereignty over the waters of the Canadian Arctic Archipelago is grounded in the customary law doctrine of historic title.
Canada actively participates in negotiating the annual Oceans and the Law of the Sea and Sustainable Fisheries resolutions at the UN. Canada is also a member of several regional fisheries management organizations (RFMOs), including the Northwest Atlantic Fisheries Organization (NAFO), and has been an active participant in promoting reforestation. Canada supports the work of the International Tribunal for the Law of the Sea (ITLOS) and of the Commission on the Limits of the Continental Shelf (CLCS), an expert body established by UNCLOS to review submissions from coastal states and make recommendations on the location of the outer limits of their continental shelves beyond 200 nautical miles from their baselines.
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Fisheries management
Canada has a wide range of interests in the sea and a substantial stake in the new law of the sea. In 1967, the United Nations began complex and painstaking multilateral negotiations, which resulted in the United Nations Convention of the Law of the Sea (UNCLOS). Canada signed the convention in 1982 and ratified it in 2003.
Canada has a leading role in shaping the convention and has focused its attention on issues concerning the territorial sea, fisheries, mineral resources, marine environment, passage through international straits, and control over the Arctic waters. The convention provides that coastal states will have sovereign rights over the exploitation of the resources of the 200-mile Exclusive Economic Zone (EEZ) and certain rights in respect of the preservation of the marine environment and the conduct of marine scientific research.
Canada has a Fisheries Act, which was passed into law on May 22, 1868, in the 1st Canadian Parliament. The Act replaced an earlier act and was passed at the same time as 'An Act respecting fishing by foreign vessels'. The initial Act defined Fishery Officers, who each had Justice of the Peace powers, and defined forbidden practices in various fisheries, including closed seasons when fish could not be taken and prohibitions in areas critical to fish reproduction. It also prohibited the dumping of harmful substances into fish habitats.
The contemporary Fisheries Act has many of the same objectives, including preventing pollution, regulating harvesting seasons, licensing fishers, establishing the Indigenous framework for fishing, creating penalties, empowering officers, and giving the Minister authority to regulate. The regulations under the act are broad and include regulations on ballast dumping, the experimental lakes area, marine mammals, wastewater effluent, and aquaculture. In the 1970s, the Act added environmental protection, specifically prohibiting the "harmful alteration, disruption or destruction of fish habitat".
Canada is also a member of several regional fisheries management organizations (RFMOs), including the Northwest Atlantic Fisheries Organization (NAFO), and has been an active participant in promoting reforms in these RFMOs based on the UN Fish Stocks Agreement.
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Marine environment and pollution prevention
Canada has been actively involved in the United Nations Convention on the Law of the Sea (UNCLOS), which sets out a comprehensive framework of laws pertaining to the seas. Canada signed the convention in 1982 and ratified it in 2003. UNCLOS has been instrumental in addressing marine environment protection and pollution prevention, and Canada has played a significant role in this regard.
Canada has demonstrated a strong commitment to protecting its marine environment, particularly in the Arctic region. In 1970, Canada passed the Arctic Waters Pollution Prevention Act, asserting its sovereignty over the waters of the Arctic archipelago and establishing a 100-mile pollution control zone around the Arctic islands. This act was a pivotal step in Canada's efforts to safeguard the fragile Arctic ecosystem from pollution and the impacts of human activities.
The UNCLOS framework recognises the rights of coastal states to prescribe and enforce pollution control standards within their jurisdictions. It establishes a 12-nautical-mile territorial sea, with innocent passage rights for other states, and grants sovereign rights to coastal states for exploring, exploiting, conserving, and managing the natural resources within a 200-nautical-mile exclusive economic zone (EEZ). This includes the authority to prevent, reduce, and control marine pollution from vessels in ice-covered areas within the EEZ.
Canada has actively campaigned for coastal state rights during UNCLOS negotiations. While the convention recognises limited coastal state environmental powers, it includes the "Arctic exception," which permits Canada to implement antipollution measures in ice-covered regions. This exception underscores the unique environmental challenges faced in the Arctic and enables Canada to take proactive steps to protect this vulnerable region.
Canada's Oceans Act further reflects the country's dedication to marine environment protection and pollution prevention. This legislation encourages the development and implementation of a national strategy for the management of estuarine, coastal, and marine ecosystems. It also establishes a network of marine protected areas that encompass diverse habitat types, biogeographic regions, and environmental conditions. The Act ensures that marine scientific research activities are conducted in a manner consistent with the preservation of these protected areas.
In conclusion, Canada has been a proactive advocate for marine environment protection and pollution prevention, both domestically and internationally. Through its involvement in UNCLOS and its own legislative initiatives, Canada has demonstrated a commitment to safeguarding the health and sustainability of its marine ecosystems, particularly in the ecologically sensitive Arctic region.
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Control over arctic waters
Canada has the longest coastline in the world and has a wide range of interests in the sea. The country has been focusing its attention on issues concerning territorial seas, fisheries, mineral resources, the marine environment, passage through international straits, and control over arctic waters.
Canada's offshore claims have overlapped with those of three different countries in six instances. One of these instances involves a dispute with Denmark over the area between Greenland and the Canadian Arctic. Canada's sovereignty over the waters of the Canadian Arctic Archipelago is grounded in the customary law doctrine of historic title. The Canadian Coast Guard exerts influence over its waters and coasts and delivers on public expectations of clean, safe, secure, healthy, and productive waters and coastlines.
Canada has consistently asserted that the Northwest Passage is not a strait, and therefore, the right of "transit passage" cannot be claimed. In 1985, Canada announced its decision to exercise full sovereignty over the waters of the Arctic Archipelago in response to the US icebreaker Polar Sea's voyage through the Northwest Passage. Canada has also been working on a project to determine the outer limits of its extended continental shelf under the United Nations Convention on the Law of the Sea (UNCLOS).
Canada actively participates in negotiating the annual Oceans and the Law of the Sea, and Sustainable Fisheries resolutions at the UN. The country is also a member of several regional fisheries management organizations (RFMOs), including the Northwest Atlantic Fisheries Organization (NAFO) since 1979. Canada's submission for the Arctic Ocean was filed in May 2019, and it could be several years before the Commission on the Limits of the Continental Shelf (CLCS) reviews the submission.
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Frequently asked questions
The Law of the Sea is a body of international law that governs the rights and duties of states in maritime environments. It covers matters such as navigational rights, territorial sea limits, economic jurisdiction, and legal status of resources on the seabed.
Canada signed the United Nations Convention on the Law of the Sea (UNCLOS) in December 1982 and ratified it in November 2003. With the longest coastline in the world, Canada has a significant stake in the Law of the Sea. It played a leading role in shaping the convention and has since focused its attention on issues concerning territorial sea, fisheries, mineral resources, and the marine environment.
Canada's Oceans Act and other federal laws address the country's internal waters, territorial sea, and exclusive economic zone. The Act defines the rights and responsibilities of provinces and the federal government in these maritime areas. Canada's domestic laws must also align with its commitments under UNCLOS.
